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Backup Documents 02/28/2023 Item #16B1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 p TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 4. BCC Office Board of County _ Commissioners A( 1) jy 3/ /Z3 5. Minutes and Records Clerk of Court's Office �l p 3/d ?3 I ,Zca") PRIMARY CONTACT INFORMATION I Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robin L.Goldsboro Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 2/23/2010 16 B I Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RLG 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RLG 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RLG 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! N/A 8. The document was approved by the BCC on 2/23/2010 (enter date)and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. RLG 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the D 09 Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 31 Project: 51029 Golden Gate City Stormwater Parcel: 258TCE Folio: 35981080004 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this /5 TS day of FE-art-U/4-e..y , 202-3, by and between JUAN J. DOMINGUEZ and MARIBEL CARRILLO, husband and wife, whose mailing address is 4519 24th Place SW, Naples, FL 34116, (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 16 81 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE -This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: 2_/15 f Zo23 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA BY: ?4 • t/itl--eC7--,J c�� fti fJ L BY: J ut' Clerk RICK LoCASTRO, Chairman Attest as'to ,piair man s signature only. 1681 AS TO OWNER: DAT p: 7ax_4(..4%.(--c- -ill- ' ____f;) Witness (Signature) JUAN J. DOMINGUEZ (2;_fti-a.7 .- 5,; ` Name (Print or Type) __.:-. 1 yjdo‘_____ Witness (Signature) MARIBEL CARRILLO 7Z/3, 4--- 4-1 6d//1devt5 Name (Print or Type) Appr ved as to form and legality: 6 # D REK D. PERRY, ESQ " A _ Assistant County Attorney \li'L ti YI Last Revised 11/14/22 Cl 16 B1 F- al I- W Q Q 0 0 Z OW Q~ W W Q N ZQ 0 z ot~i1m �� vLi >` � 3z�W� 0 z F W W T..C] N r' oQOF-m Z w Q -J Q YZUQQ N o 0co TJi �_ W0_2 Z� Q' Y C i t NN W - O 2 n } W O N ZLYO X0 O al �1 N m OLo rF-Q0O (o O� J CO[D CD 'n I- N Oi oUQOON tDa QO Z z W 0 3oZwwwV)� r' 0 M0Q.O =z cnw w� �Q w� Swz¢ Lr xww - F� v)» Q CC w �^1' D N=Z Fn O N cc _.-- -...:',.-L W CY Z-F- W Q ~ X W Z F OOWZ O{{-- W in OQ OLA CL_f Q LC (NI �U Q Q ti Wa� HONO wOWF m iA mJWrn � liO[A J cjOSO N COZ M c) Z 1- aV �ZaI- Q��ZWW F_ w�d05NQ w< ° --Q QpOQ co JOW�w��w� YO W Z FJ41aZO FQQ NpQ aO0 } N V) F_WW NQ.=WQZ�m W 0 OwWw00 0OZ 41 x� ZOvFFn-- o ZF.-W�W apmDWZ I-� I= F-F3JQ4 Owr>`�F F-w Ocoa0 W I Ce NWF")oYWtO),.,-0 W� coi S^ F-x¢o �Q �Q aYc=n � a Z0 0Q'(n TWO --�p)Od70 W�QW� p2UJ Q'1� WVI� OW 0s J � D xaw�2...1 VI Z 14 cu YYi0_Oo� Xa� o �� wmoo o S mwowF-"Z .n0noo� ��CCo OWNQ W Wow W <w Or „...,-, Z z p¢Qf7 0 W LL)F- z o 0 z U N mE0 z►-F Q w o> >-� Q •cn c� cnc Z F yyi� M Q p�O OFZZ0 < I--C3W �i 41ED2F2-OQ QMQ cn Q Q Q �O t5 a F-WITOLrr-wl-ZZOO- Zm2V7U CC CanU YW� >WM = F- L . cai ZQQaOowNocnoQQo�F -SO II o ioQF l M000 F F_(no 0 o Q aQ� zK-moo QLL'J < o-Z w "-' a cow c)o�wz u u Qgo Q z _QQ?i to mn.i.,. 0 za4Q Ycr, a ,rflwN o zowJ II 0_ II L II m O Lr�z jL¢Y Lam wocim II II II W2W0 _iQWZ2QOO Q.V, II WO- N E-cF-mU Z Q o mJ Q a.a.O Q Qo a.m en 0- N 0 ch . o � Z r N FM d- -ip cd l<aO of O-N") _oe4lyl �ce O Z �� c3 -I 7L�� 4 LO N mz < •W �o�03 I- Fy� Z1-02 I M 2 o mm WZNW ce W�u) II F- o z o �, 1 -iiio °-r~n o 0 z o Zzmor°irn�1 i w4� Z m ") 41 4,4st - - -❑ — —� v r Qu �'- oNav'w CC ..'k Z zN � _� Z.- Y= m 5 . 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All completed routing slips and original documents must be received in the County Attorney Office no later !Ir+n A{,irruhr'- ng. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exce tion of the Chairman's si nature,draw a line throe h routin lines#1 through#2,con lete the checklist,and forward to the County Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1 . 2. 3. County Attorney Office County Attorney Office ✓D 4. BCC Office Board of County Commissioners i or / 3/2/i3 5. Minutes and Records Clerk of Court's Office • 3/3� � j• PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robin L.Goldsboro Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 2/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. Initial) Applicable) I. Does the document require the chairman's original signature? RLG 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RLG 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RLG 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! N/A 8. The document was approved by the BCC on 2/23/2010 (enter date)and all changes N/A is not made during the meeting have been incorporated in the attached document. The an option for County Attorney's Office has reviewed the changes,if applicable. RLG this line. 9. Initials of attorney verifying that the attached document is the version approved by the i+i/A is not: BCC,all changes directed by the BCC have been made,and the document is ready for the p on an option for Chairman's signature. fins line. 1: Forms/County Forms/BCC Forms/Original Documents Routing Slip WINS Original 9.03.04.,Revised 1 26.05,Revised 2.24.05:Revised 11/30/12 16 B1 Project: 51029 Golden Gate City Stormwater Parcel: 258TCE Folio: 35981080004 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of FEE tt-V 4 6- , 20_, by and between JUAN J. DOMINGUEZ and MARIBEL CARRILLO, husband and wife, whose mailing address is 4519 24th Place SW, Naples, FL 34116, (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter"the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 1681 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51 029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE -This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: 2-115 /Z023 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA a p y BY: (Lk-- i-,r 1t '1 BY: (j/ �^{ �Deputy 1p p Clerk RICK LoCASTRO, Chairman Ant as'to ltai rrna,6!s signalum()My. rho-. AS TO OWNER: DATE,Q: _ eZ:--1,-/-e• - .-itZ;1- . ".fri" Witness (Signature) JUAN J. DOMINGUEZ ( ?t 'L.e : 4 Name (Print or Type) Witness (Signature) MARIBEL CARRILLO Name (Print or Type) ApprQved as to form and legality: 6 la D REK D. PERRY, ESQ \li Assistant County Attorney 1 Last Revised 11/14/22 16 B 1 I_ w W l- 0 Qwoo W Z D Q� U. 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All completed routing slips and original documents must he received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office — Q() 2 2 z� 4. BCC Office Board of County Commissioners It M3 is/ z/ 3 5. Minutes and Records Clerk of Court's Office - ( ' ..3 /2/22 LT:/Dt /' PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robin L.Goldsboro Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 2/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) I. Does the document require the chairman's original signature? RLG 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RLG 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RLG 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! N/A 8. The document was approved by the BCC on 2/23/2010 (enter date)and all changes N/A is not: made during the meeting have been incorporated in the attached document. The :,ption kw County Attorney's Office has reviewed the changes,if applicable. RLG `line. 9. Initials of attorney verifying that the attached document is the version approved by the • is not BCC,all changes directed by the BCC have been made,and the document is ready for the ki tion for Chairman's signature. 1. Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24..05,Revised 11/30/12 B1 Project: 51029 Golden Gate City Stormwater Parcel: 229TCE Folio: 36381200001 TEMPORARY CONSTRUCTIONI EASEMEHT AGREEIiNEEJT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this q '4 day of , 20 , by and between EZEQUIEL BARTOLO CRUZ, and ELBA GOMEZ GONZALEZ, husband and wife, whose mailing address is 5495 25th Place SW, Naples, FL 34116, (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. I 1 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE -This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: /F/1 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit.Court &,Comptroller COLLIER COUNTY, FLORIDA ('-'2e;7/ BY. L. `a t �� tR!'!C' BY. t >�, Deputy Clerk RICK LoCASTRO, Chairman as'to%,„tairE sa c s signature only: i.N X T AS TO OWNER: /,,-: DATED: 02 0 23 ''� )op Witness (S nat rue) EZE UIEL BARTOLO CRUZ iG��7lS Marti' Name (Print or Type) # ✓ i fitness (Signature) ELBA GOMEZ GONZALEZ M7Ye C9o0.4.f Name (Print or Type) Approved as to form and legality: ,12,4, DEREK D. PERRY, ES Assistant County Attorne ` 4' Last Revised 11/14/22 A i,. 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ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exceition of the Chairman's si•nature,draw a line throu•h routin• lines 41 through#2,corn-fete the checklist,and forward to the Count Attorney Office. Route to Addressee s (List in routing order) Office Initials Date 1. 2, -.4111111111,1111110 3. County Attorney Office County Attorney Office L) 2$ Z3 4. BCC Office Board of County Commissioners k( 4, /in/5/ 3/z/i3 5. Minutes and Records Clerk of Court's Office 1" PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robin L. Goldsboro Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 2/23/2010 16 B I Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RLG 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3 Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RLG 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RLG 7 In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! N/A 8. The document was approved by the BCC on 2/23/2010 (enter date)and all changes N/A is not made during the meeting have been incorporated in the attached document. The an option for County Attorney's Office has reviewed the changes,if applicable. RLG this line. 9 Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the ' 11 an option for Chairman's signature. ✓ / this line. I Forms/County Forms,BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1 26.05.Revised 2.24.05:Revised 11/30/12 Project: 51029 Golden Gate City Stormwater Parcel: 194TCE Folio: 36118280003 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of /„.0, . , 20_, by and between JESSICA M. MEJIA RAMIREZ, a single person, whose mailing address is 1747 50th Terrace SW, Naples, FL 34116, (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter"the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 1 6 8 1 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE -This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: 2-/ ��u3 ATTEST: CRYSTAL K.-KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit'tourt'&_Comptroller COLLIER COUNTY, FLORIDA BY: � ;7,,t,-r BY: Deputy Clerk RICK LoCASTRO, Chairman a`t;:e �r tirEd :Ct� sigaiurc 16B1 AS TO OWNER: DATED: 2194 3 44Y4th'eQ7144-:- Witness (Signature) JE CA M. , EJIA RAMIREZ Name (Print or Type) Witness (Si nature) \cav- r -\h Cikir\c_iiNc Name (Print or Type) A r ved as t for and legality: DER K D. PERR , ESQ Assistant County Attorne Last Revised 11/14/22 194TCE LEGAL DESCRIPTION & SKETCH TEMPORARY CONSTRUCTION EASEMENT 1747 50TH TERRACE S.W. (FOLIO NO. 36118280003) 1 Exhibit A NAPLES, FLORIDA Page 1 of 2 DESCRIPTION: THAT PORTION OF LOT 4, BLOCK 129, GOLDEN GATE UNIT 4, AS RECORDED IN PLAT BOOK 5, PAGES 107-116 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 4; THENCE N 89°57'50" W, ALONG THE NORTH LINE OF SAID LOT 4, FOR 89.00 FEET; THENCE SOUTH FOR 6.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH FOR 12.00 FEET; THENCE N 89°57'50" W FOR 30.00 FEET; THENCE NORTH FOR 12.00 FEET; THENCE S 89°57'50" E FOR 30.00 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 360 SQUARE FEET, MORE OR LESS. z N N N N b M rn c S E v h m W N NN 11 N NI 'N N N K, rots, Digitally signed ��:,; "47 s . by Darren �'� Townsend i O Date: • ��; STATE OF Qa °��, FLORIDA ..•' 2022.03.16 • NOTES: 4)4............ Survey 15:09:53 -04'00' N 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS THEREOF. DARREN TOWNSEND 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 4, PROFESSIONAL SURVEYOR AND MAPPER PLAT BOOK 5, PAGES 107-116. FLORIDA CERTIFICATE. NO. 6476 NOT WITHOUT THE • NOT VALID WITHOUT THE ATTACHED SKETCH OF DESCRIPTION. THIS IS NOT A SURVEY. SEAL OF AD FLORIDA LICENSED IGINAL SURVEYORNANDRE M PPEER. AIM Engineering& Surveying,Inc. SMIL-9522 - SMOF-1355 2161 FOWLER STREET, SUITE 100 4"y-. FORT MYERS, FLORIDA 33901 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 36118280003) www.aimengr.com DRAWN: CHECKED: CLIENT: PHONE (239) 332-4569 1S 3-9-22 DT 3-10-22 COLLIER COUNTY TOLL FREE (800) 226-4569 PROJECT NO.: SECTION: TOWNSHIP: RANGE: COUNTY: A 1 M LICENSED BUSINESS No. 3114 20-1121 21 49 S 26 E COLLIER SHEET 1 OF 2 194TCE LEGAL DESCRIPTION & SKETCH TEMPORARY CONSTRUCTION EASEMENT 'itt4 , 1747 50TH TERRACE S.W. (FOLIO NO. 36118280003) 1� Exhibit A NAPLES, FLORIDA k-,� Page 2 of 2 O 10 20 INTENDED DISPLAY SCALE: I" = 20' J` f I LOT 3, BLOCK 129 El:DLLI I P.B. 5, PGS. 107-116 D d a POC a I NE CORNER LOT 4, BLOCK 129 I t/• --IGOLDEN GATE UNIT 4 '‹C L \ W 0-- Li > 6' D&PUE (P) < U CC N89°57'50"W 125.00' CC I 89.00' CC CC O ice—SOUTH 6.00' 6' D&PUE (P) W _ N. 589°57'50"E 30.00' 1— O jc, o DR H 0 Lr, _ z ^ ° � POB I o ry n. I N89°57'50"W LOT 4, BLOCK 129 I o w 30.00' P.B. 5, PGS. 107-116 w M o I TEMPORARY FOLIO NO. 36118280003 I o CONSTRUCTION t' 1a I EASEMENT I iO E w m W_ �� J-__ ...J^ .ram 0 N tn LEGEND: a' 0, D&PUE = DRAINAGE & PUBLIC UTILITIES EASEMENT 0 ry LB = LICENSED BUSINESS NO. OR # = NUMBER (P) = AS SHOWN IN P.B. 5, PGS. 107-116 3 P.B. = PLAT BOOK a PGS. = PAGES POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT R/W = RIGHT OF WAY Lum to a NOTES: a LD zi 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS THEREOF. 0 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 4, "> PLAT BOOK 5, PAGES 107-116. NOT VALID WITHOUT THE ATTACHED DESCRIPTION. THIS IS NOT A SURVEY. l AIM Engineering& Surveying,Inc. ' SMIL-9522 - SMOF-1355 2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 36118280003) } : `i FORT MYERS, FLORIDA 33901 www.aimengr.com DRAWN: CHECKED: CLIENT: LiefiliL4L PHONE (239) 332-4569 15 PROJECT NO3::-9-22 DT 3-10-22 COLLIER COUNTY TOLL FREE (800) 226-4569 SECTION: TOWNSHIP: RANGE: COUNTY: A I M LICENSED BUSINESS No. 3114 20-1121 21 49 S 26 E COLLIER SHEET 2 OF 2 . ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 ' B I THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink pa d docum. i he complete slip and original docui. v to be for - lttorney Office at the time the item is placed on the agenda. All completed routing clips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routin lines#1 throw h#2,corn lete the checklist,and forward to the Coun Attorney Office. Route to Addressee s) (List in routing order) Office Initials Date i, 2. 3. County Attorney Office County Attorney Office DO( 2-12-g123 4. BCC Office Board of County Commissioners itr"( 3 f 212 5. Minutes and Records Clerk of Court's Office ( . :; PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robin L. Goldsboro Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 2/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RLG 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information (Name;Agency;Address; Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RLG 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RLG 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! N/A 8. The document was approved by the BCC on 2/23/2010 (enter date)and all changes N/A is not made during the meeting have been incorporated in the attached document. The an option for County Attorney's Office has reviewed the changes,if applicable. RLG this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24-.05;Revised 11/30/12 Project: 51029 Golden Gate City Stormwater Parcel: 209TCE Folio: 36459840005 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this !!70 day of re-6c ru , 20_, by and between DIOSDADO A. GONZALEZ and OLGA C. GONZALEZ, husband and wife, whose mailing address is 3115 55th Terrace Southwest, Naples, FL 34116, (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter"the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. co s 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE -This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: 721/6.123 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit Court4 Comptroller COLLIER COUNTY, FLORIDA BY t .! c BY: D put plerk RICK LoCASTRO, Chairman Attest as AS TO OWNER: DATED: -. CIrry0 -61.7,\,_)io -1---,, --- ,;I ;2 ilirou.A it, 1 Witness (Signature) DIOSDADO A. GON LEZ '� T34 MOT -frhez Name (Print or Type) an'l 0-1 b--7/14 Witness (Signature) OLGA C. GONZALEZ I eires fi 01/ '+i e-z Name (Print or Type) Aq . oved as to f• and legality: 0 J i.„,„ I EREK D. 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All completed routing slips and original documents must be received in the County Attorney Office no later than Miondav preceding the Board meeting. ROUTING SLIP Complete routing lines 41 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office DO C 2-12-6/7-3 4. BCC Office Board of County Commissioners pc j , ,I4 3/2/z.5 5. Minutes and Records Clerk of Court's Office r /V.:2/2„3 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robin L.Goldsboro Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 2/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RLG 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RLG 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RLG 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! N/A 8. The document was approved by the BCC on 2/23/2010 (enter date)and all changes is not made during the meeting have been incorporated in the attached document. The ption for County Attorney's Office has reviewed the changes,if applicable. RLG min 9. Initials of attorney verifying that the attached document is the version approved by the Q is BCC,all changes directed by the BCC have been made,and the document is ready for the �� ] 4 ir Chairman's signature. L Forms/County Forms/BCC Forms/Original Documents Routing Slip \MS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Bi Project: 51029 Golden Gate City Stormwater Parcel: 268TCE Folio: 36118920004 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter re_ferred to as the "Agreement") is made and entered into on this .1- day of Jf3Yuct Y '_.t , 20_, by and between DANIEL RODRIGUEZ, a single person, and MARIA VENTURA, a single person, whose mailing address is 4901 18th Court SW, Naples, FL 34116, (hereinafter"Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 1 RI 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE -This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit Court 8, Comptroller COLLIER COUNTY, FLORIDA BY: r ��./�t 144-h: P . BY: Deputy Clerk RICK LoCASTRO, Chairman Attest as'to Cha rmar,s CA 0 681 AS TO OWNER: DATED: , /6" a0?3 A tness (Signature) • D IEL RODRI EZ Suci 4 n j edc 1 (xi-, Name (Print or Type) • Witness (Signature) MARIA VE URA I ) _ Name (Print or Type) proved as to farm and legality: DEREK D. PERRY, ES . 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Uw Li_M F wi-- O ct F U H � cc cc w WdZtr:£ - ZZOZ 'ZI 390 MA (3) 61.1p•d - s}uewoso3 uapniysuo0 durel\sago}eDs\6ulAanms\000-6-220Z0Z\OZOZ\s6uu.1m0\lOsurtA\ F ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ,, £ 6 r) w THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routith . invents arc to be t o .:rJed to the County Attorney Office at the time the item is placed on the agenda. :ill completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Boned meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures.dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 2. ��o_ ``�� 3. County Attorney Office County Attorney Office () ) r ,(Z�,�1. 3 1 4. BCC Office Board of County Commissioners R..- i)/3 q 3143 5. Minutes and Records Clerk of Court's Office S I .- �1r.. 3 i 12 L .2C'c tv, PRIMARY CONTACT INFORMATION Normally the primacy contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing infomtation. Name of Primary Staff Ronald Thomas Phone Number 252-5861 Contact/ Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 02/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RT 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. r7 N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be r/ signed by the Chairman,with the exception of most letters,must be reviewed and signed i ,i by the Office of the County Attorney. \)t 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RT 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. R,1, 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010 and all changes made RT N/A is not during the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the p t an option for Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Project: 51029 Golden Gate City Stormwater Parcel: 176TCE Folio: 36374680007 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter rr refeed to as the "Agreement") is made and entered into on this M(o't' day of ors , 2023, by and between EXNAIDER LOPEZ MORELL, a single man and MAYTE GIL 'PEREZ, a single woman, whose mailing address is 5364 25th Avenue SW, Naples, FL 34116 (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit"A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS -All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full ri A o k' force and effect until Closing shall occur, until and unless it is terminated for other cause. 4. TERM OF EASEMENT-The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT- Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: c )� 1 2©2,3 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY FLORIDA BY: " � L ;. G t. BY: Deputy Clerk RICK LoCASTRO, Chairman iki. i(C)is to .,haimian s' 1b B1 AS TO OWNER: DATED: (A - J✓)- itne gnature) EXNAIDER LO Z MOREL Nt*S Name (Print or Type) S'? C—'‘er _ - F Witness (Signature) MAYTE GIL PEREZ /74-46 Name (Print or Type) A oved as to form and legality: D rek D. Perry, ESQ. Assistant County Attorney Last Revised 11/14/22 rTE-ROW 176TCE LEGAL DESCRIPTION & SKETCH 3/22/22 TEMPORARY CONSTRUCTION EASEMENT EXHIBIT A 5364 25TH AVENUE S.W. (FOLIO NO. 36374680007) Page 1 of 2 NAPLES, FLORIDA 6 Li 1 DESCRIPTION: TCE-1 THAT PORTION OF LOT 13, BLOCK 208, GOLDEN GATE UNIT 6 PART 1, AS RECORDED IN PLAT BOOK 9, PAGES 1-7 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 13; THENCE SOUTH, ALONG THE WEST LINE OF SAID LOT 13, FOR 6.00 FEET; THENCE EAST FOR 6.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE EAST FOR 14.00 FEET; THENCE SOUTH FOR 35.00 FEET; THENCE WEST FOR 14.00 FEET; THENCE NORTH FOR 35.00 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 490 SQUARE FEET, MORE OR LESS. DESCRIPTION: TCE-2 N THAT PORTION OF LOT 13, BLOCK 208, GOLDEN GATE UNIT 6 PART 1, AS RECORDED IN PLAT BOOK 9, PAGES 1-7 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, M FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 13; THENCE SOUTH, ALONG THE WEST LINE OF SAID LOT 13, FOR 100.00 FEET; THENCE EAST FOR 6.00 FEET TO ti THE POINT OF BEGINNING; THENCE CONTINUE EAST FOR 14.00 FEET; THENCE SOUTH FOR 19.00 FEET; THENCE WEST FOR 14.00 FEET; THENCE NORTH FOR 19.00 FEET TO THE POINT OF BEGINNING. NN SAID LANDS CONTAINING 266 SQUARE FEET, MORE OR LESS. N M N N O � ';„ ".SF� Digitally signed 0 n Q��1•• aY CSTAT ..) byDarren Date: 2022.03.16 NOTES: a • FLORIDA P 4�° a�. .V yo<. 15:16:37 -04'00' 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS o THEREOF. DARREN TOWNSEND 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 6, PROFESSIONAL SURVEYOR AND MAPPER > PART 1, PLAT BOOK 9, PAGES 1-7. FLORIDA CERTIFICATE. NO. 6476 NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND NOT VALID WITHOUT THE ATTACHED SKETCH OF DESCRIPTION. THIS IS NOT A SURVEY. SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. AIM Engineering& Surveying, Inc. SMIL-10733 - SMOF-1909 • 2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 36374680007) FORT MYERS, FLORIDA 33901 _ www.aimengr.com DRAWN: CHECKED: CLIENT: PHONE (239) 332-4569 IS 3-9-22 DT 3-10-22 COLLIER COUNTY TOLL FREE (800) 226-4569 PROJECT NO.: SECTION: TOWNSHIP: RANGE: COUNTY: A I M LICENSED BUSINESS No. 3114 20-1121 28 49 S 26 E COLLIER SHEET 1 OF'2 , i 176TCE LEGAL DESCRIPTION & SKETCH EXHIBIT A tit � TEMPORARY CONSTRUCTION EASEMENT 5364 25TH AVENNAPL S, FLORIDA UE S.W. (FOLIO O. 36374680007) page 2 of 2 0 10 20 25TH AVENUE S.W. POB: Lr INTENDED DISPLAY SCALE: 1" = 20' 60' R/W (P) S rk 1TCE-1 6' D&PUE (P) /11 ! 6' D&PUE (P)— — EAST POC: TCE-1 & TCE-2 14.00' NW CORNER LOT 13, BLOCK 208 GOLDEN GATE UNIT 6 PART 1 / o orn rOw vi ui Q p L_ EAST 6.00' rn -ad-- D H 0 cc Z IIo- Hw E a V1 LU w Oz �O I— Otn DL21 D WEST U w 0 o 14.00' LEGEND: D&PUE = DRAINAGE & PUBLIC o 0 UTILITIES EASEMENT O co LB = LICENSED BUSINESS oN o h qD NO. OR # = NUMBER x '" Y T d. (P) = AS SHOWN IN p u, o o vi rmr1 P.B. 9, PGS. 1-7 m a rn co a to rel o P.B. = PLAT BOOK ai o m PGS. = PAGES "' POB = POINT OF BEGINNING H a: '"N ~O a z N POC = POINT OF COMMENCEMENT JO O R/W = RIGHT OF WAY J M o ED O I- POB: TCE-2 Ea' O Q v V1 LU w z c� ry EAST >- O w 14.00' cL - U I- Wrnrn o_�1 n_ , wzw o = I- OnNr^oN U wN D O Y 1 0 0 _J z to 6' D&PUE (P) 6' D&PUE (P) o ` S 1 SANTA BARBARA CANAL(P) WEST R/W VARIES 14.00' LD NOTES: 0 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS THEREOF. N 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 6, PART 1, PLAT BOOK 9, PAGES 1-7. Q NOT VALID WITHOUT THE ATTACHED DESCRIPTION. THIS IS NOT A SURVEY. AIM Engineering& Surveying, Inc. SMIL-10733 - SMOF-1909 2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 36374680007) FORT MYERS, FLORIDA 33901 www.aimengr.com DRAWN: CHECKED: CLIENT: PHONE (239) 332-4569 1S 3-9-22 DT 3-10-22 COLLIER COUNTY TOLL FREE (800) 226-4569 PROJECT NO.: SECTION: TOWNSHIP: RANGE: I COUNTY: `A eCI M LICENSED BUSINESS No. 3114 20-1121 28 49 S 26 E COLLIER SHEET 2 OF 2; ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 '• g THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink papa eument. • - ,,and original documents are to he forward=.. .: .:.. : ...: i,, :attorney Office at the time the item is placed Oil the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding=th, ►i. 4,•,l meetinC, **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist.and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 2. �` 3. County Attorney Office County Attorney Office c)p \i- 4. BCC Office Board of County Commissioners R(,r bt po 1�/ 1 z/z 3 5. Minutes and Records Clerk of Court's Office t I l -..1 0 -3/2 i.),," 61 ;2t440 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ronald Thomas Phone Number 252-5861 Contact/ Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 02/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RT 2. Does the document need to be sent to another agency for additional signatures? If yes. rovide the Contact Information Name;Agenc ;Address;Phone on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RT 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. R,I, 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010 and all changes made RT N/A is not during the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the v , N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the ' an option for Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04.,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16 Project: 51029 Golden Gate City Stormwater Parcel: 222TCE Folio: 36326000004 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the"Agreement") is made and entered into on this . day of Kc. 6ruo,-) , 202z by and between MARIO TRUPIANO and MARY TRUPIANO, husband and wife, whose mailing address is 125 Heritage Way, Naples, FL 34110-1376 (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or.within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. t U: 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT- Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: (;1_ 26 3 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court.& Comptroller COLLIER COUNTY, FLORIDA i BY: td,c BY: ,-De ut: . p y Clerk RICK LoCASTRO, Chairman Attest a to Chairman's signature Btty.:: £ 6U AS TO OWNER: DATED: Z/23 iz3 Jot-4-1-ND '1„ 1 Witn ig a P' ;) MARIO TRUPIANO far, /o,i Name (Print r Type") 'csi--c--_g.. ,_ 4"" Witness (Si nature) M Y R IA Name (Print or Type) I•ved as t fr and legality: r taii411 p DEREK D. PERRY, ESQ.Assistant County Attorney 0' 1 \(1i Last Revised 11/14/22 1f I. 6 EXHIBIT A Page 1 of 1 TE-ROW � J L NOTES: 12/19/22 1. THIS IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO BE USED AS ONE. 222TCE DE& PUE -I I- 2 NO�EET AHES AND D ARE PROJECTED ITLONTOA SHOWN THE ORIDAEON STATE E f (PER PLAT) PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (NA083), 2011 ADJUSTMENT. e 3. BEARINGS SHOWN HEREON ARE BASED ON FIXING THE 10 NORTH LINE OF LOT 9, BLOCK 227, GOLDEN GATE UNIT 6, 15 WHEREIN SAID NORTH LINE BEARS S87'55'43"W. 4. PARCEL CONTAINS 339 SQUARE FEET, MORE OR LESS. 5. P.O.C. = POINT OF COMMENCEMENT o DESCRIBED PARCEL OF LAND 6. P.O.B. = POINT OF BEGINNING csi N P.O.C. CONTAINS 339 SO.FT.,t 7. ORB = OFFICIAL RECORDS BOOK NORTHWEST CORNER OF 8. PG = PAGE A LOT 9, BLOCK 227, 9. P = PLAT a GOLDEN GATE UNIT 6 N8T55'43T 6.0' ii L T 10.DE = DRAINAGE EASEMENT (PLAT BOOK 5, PAGE 125) �S00'7424£6.0' r3 11.PUE = PUBLIC UTILITY EASEMENT E N87°55'43"E 113.1' + 12.R/W = RIGHT-OF-WAY in P.O.B.--9 r 12'DE& PUE 13.SQ. FT. = SQUARE FEET S87°55'43"W 113.1' 14. PID = PARCEL IDENTIFICATION NUMBER 9, (PER PLAT) E N00°14'24"W S00°14'24"E Di 9 stallY 3.0' 3.0' signed by GOLDEN GATE UNIT 6 Mark A. 3A PLAT BOOK 5,PAGE 125 Texter PID.• 36326000004 Date: -e- 7, 2642 55TH TER SW 0950 2916 E L __IL NOT A SURVEY -05'00' i 2-3 I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE r AND BELIEF, THAT THE LEGAL DESCRIPTION AND 0 10 20 40 ATTACHED SKETCH WERE PREPARED IN ACCORDANCE t (INTENDED DISPLAY SCALE: 1�"-40') WITH THE APPLICABLE PROVISIONS OF CHAPTER 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472, FLORIDA STATUTES. DESCRIPTION PI THAT PORTION OF OF LOT 9, BLOCK 227, GOLDEN GATE UNIT 6, PLAT BOOK 5, PAGE 125 IN THE PUBLIC RECORDS o OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST. BEING MORE 5 PARTICULARLY DESCRIBED AS FOLLOWS: MARK A. TEXTER (FOR THE FIRM L.B. 642) N COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 9, THENCE RUN N8755'43"E ALONG THE NORTH LINE OF PROFESSIONAL SURVEYOR AND MAPPER 25 SAID LOT 9 FOR 6.0 FEET; THENCE RUN SOO'14'24"E FOR 6.0 FEET TO THE POINT OF BEGINNING. FLORIDA CERTIFICATE NO. 6392 FROM SAID POINT OF BEGINNING THENCE RUN N8755'43"E FOR 113.1 FEET; THENCE RUN SOO'14'24"E FOR 3.0 1 FEET; THENCE RUN S8755'43"W FOR 113.1 FEET; THENCE RUN NOO'14'24"W FOR 3.0 FEET TO THE POINT OF DATE SIGNED: 25 BEGINNING. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL z PARCEL OF LAND CONTAINS 339 SQUARE FEET, MORE OR LESS. RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. GOLDEN GATE CITY-ALIGNMENT C JOHNSON ENGINEERING, INC. SKETCH AND DESCRIPTION-PARCEL OF LAND LYING IN JOHNS ( � 2122 P.O. N STREET LOT 9,BLOCK 227,GOLDEN GATE UNIT 6 TEMPORARY CONSTRUCTION EASEMENT r D. BOX 1550 SECTION 28,TOWNSHIP 49 SOUTH,RANGE 26 EAST FOR STORMWATER IMPROVEMENTS FORT MYERS,(239)FLORIDA 33902-1550 COLLIER COUNTY,FLORIDA PHONE: 334-0046 COLLIER COUNTY,FLORIDA ENGINEERING FAX:�(239) 334- 642 DA� PROJECT NO. FILE NO. SCALE SHEET E.B. 642 k LB. 12/12/2022 20203244-000, 28-49-26 1:40 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original docur ipleied r ...I to the t iiy Attorney Office at the time the item is placed on the agenda. Ail completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board muting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Coun Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 2. --...,� -, 3. County Attorney Office County Attorney Office '~ flog Z1z3)z-,1 4. BCC Office Board of County Commissioners P. k, itp 5/ 3/i/z 3 5. Minutes and Records Clerk of Court's Office ( 4:::,<4.1 V.2/.2.. 61 .)c'4"'" PRIMARY CONTACT INFORMATION f Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ronald Thomas Phone Number 252-5861 Contact/ Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 02/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RT 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. .(y N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be r '/ signed by the Chairman,with the exception of most letters,must be reviewed and signed �V'V by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RT 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RT 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010 and all changes made RT is not during the meeting have been incorporated in the attached document. The County tion for Attorney's Office has reviewed the changes,if applicable. line. 9. Initials of attorney verifying that the attached document is the version approved by the is not BCC,all changes directed by the BCC have been made,and the document is ready for the tion for Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Project: 51029 Golden Gate City Stormwater Parcel: 240TCE Folio: 36302560005 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the"Agreement") is made and entered into on this I5 day of 1ebrar-a,o- , 20=, by and between VITO TRUPIANO and DIANA TRUPIANO, husband and wife, whose mailing address is 679 Pine Crest Lane, Naples, FL 34104-9519 (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees., landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT- Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: cP-1 a.3 262-3 1 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit"Court & Comptroller COLLIER COUNTY, FLORIDA BY: : .ri (� BY: ;''Deputy Clerk RICK LoCASTRO, Chairman Attests q g* than's / Y AS TO OWNER: / DATED: 2-15 -202-3 Witness (Signature) VITO TIRL1151C) _6) /64-7)-4 s Name (Print or Type) / Witness (t nature) DIANA TRUPIANO 71‘.s. •Kr* Name (Print or Type) A oved as to form and legality: it9 ) REK D. PERRY, ES Assistant County Attor y Last Revised 11/14/22 EXHIBIT A Page 1 of 1 * L J L- . 240 •T CE 1.NOTE THIS5:IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO BE USED AS ONE. II f 6'DE& PUE , f 2. COORDINATES AND HORIZONTAL DATA SHOWN HEREON ARE TE-ROW rn -- (PER PLAT) IN FEET AND ARE PROJECTED ONTO THE FLORIDA STATE LAPLANE COORDINATE SYSTEM. EAST ZONE, NORTH AMERICAN 12/19/22 c., DATUM OF 1983 (NAD83), 2011 ADJUSTMENT. E 3. BEARINGS SHOWN HEREON ARE BASED ON FIXING THE g NORTH LINE OF LOT 12. BLOCK 187. GOLDEN GATE UNIT 6, H 13 WHEREIN SAID NORTH LINE BEARS 589-12'52"W. 4. PARCEL CONTAINS 339 SQUARE FEET, MORE OR LESS. _ryto 5. P.O.C. = POINT OF COMMENCEMENT d f DESCRIBED PARCEL OF LAND 6. P.O.B. O BEGINNING 7. ORB = OFFICIAL RECORDS BOOK P.O.C. CONTAINS 339 SQ.FT.,3 12'DE&PUE 8. PG = PAGE A NORTHWEST CORNER OF� N89'1252'E 6.0' (PER PLAT) 9. P = PLAT LOT 12, BLOCK 187, J L . 10.DE = DRAINAGE EASEMENT �501'1953� 6.0' 9' 11.PUE = PUBLIC UTILITY EASEMENT 3 GOLDEN GATE UNIT 6 N89°12'S2"E 113.0' t 12. R/W = RIGHT-OF-WAY (PLAT BOOK 5, PAGE 134) T----- 13. SQ. FT. = SQUARE FEET S89°12'52"W 113.0' 14. PID = PARCEL IDENTIFICATION NUMBER 1 P.O.B. t3 N01°19'53"W S01°19'53"E B 3.0' 3.0' Digitally 1J` E LOT 12,BLOCK 187 signed by GOLDEN GATE UNIT 6 Mark A. A /v.'.<rvti t c PLAT BOOK 5,PAGE 134 Texter A PID: 36302560005 ;;` f7 2022.12.16Dat2: c4 9 E 2096 55TH TER SW 10:51:50 05'DO' L NOT A SURVEY I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE 1 r AND BELIEF, THAT THE LEGAL DESCRIPTION AND •, 0 10 20 40 ATTACHED SKETCH WERE PREPARED IN ACCORDANCE PTER (INTENDED DISPLAY 5J-1 05.WITH THE AFLORIDALADMNIISTE RATIVEONS OCODE,F APURSUANT TO CHAPTER 472. FLORIDA STATUTES. i DESCRIPTION 8 THAT PORTION OF OF LOT 12, BLOCK 187. GOLDEN GATE UNIT 6, PLAT BOOK 5, PAGE 134 IN THE PUBLIC 9 RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST. BEING MORE o PARTICULARLY DESCRIBED AS FOLLOWS: MARK A. TEXTER (FOR THE FIRM L.B. 642) B COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 12, THENCE RUN N89'12'52-E ALONG THE NORTHERLY PROFESSIONAL SURVEYOR AND MAPPER LINE OF SAID LOT 12 FOR 6.0 FEET; THENCE RUN 501'19'53'E FOR 6.0 FEET TO THE POINT OF BEGINNING. FLORIDA CERTIFICATE NO. 6392 .1 FROM SAID POINT OF BEGINNING THENCE RUN N89'12'52"E FOR 113.0 FEET; THENCE RUN 501'19'53"E FOR 3.0 FEET; THENCE RUN 5E19'12'52"W FOR 113.0 FEET; THENCE RUN NOI'19'53"W FOR 3.0 FEET TO THE POINT OF BEGINNING. DATE SIGNED: __ i - NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL i PARCEL OF LAND CONTAINS 339 SQUARE FEET, MORE OR LESS. RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. / JOHNSON ENOINEERINc, INC. SKETCH AND DESCRIPTION-PARCEL OF LAND LYING IN GOLDEN GATE CITY-ALIGNMENT H , 2122 JOHNSON STREET LOT 12,BLOCK 187,GOLDEN GATE UNIT 6 TEMPORARY CONSTRUCTION EASEMENT FORT LITE SO FLORIDA602153902-1550 SECTION 21,TOWNSHIP 49 SOUTH,RANGE 26 EAST FOR STORMWATER IMPROVEMENTS PHONE (239)334-0046 COLLIER COUNTY,FLORIDA COLLIER COUNTY,FLORIDA ENGINEERING FAX:(239) 334_3661 DATE PROJECT NO. FILE NO. SCALES SHEET E.B./642& LB. r642 12/12/2022 20203244-000 21-49-26 1:40 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 86 I THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original d.. ent. The, documeni, .i to the County Attorney Office at the time the item is placed on the agenda. .M1 completed routing slips and original documents must he received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. F Route to Addressee(s) (List in routing order) Office Initials Date 3. County Attorney Office County Attorney Office 0012 42-eit.3 4. BCC Office Board of County Commissioners la- br */5/ .3/z/z 5. Minutes and Records Clerk of Court's Office , ' V;2/,?-3 111)14141 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ronald Thomas Phone Number 252-5861 Contact/ Department Transportation Engineering-ROW Agenda Date Item was Agenda[tern Number Approved by the BCC RES 2010-39 02/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RT 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RT 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RT 7. In most cases(some contracts are an exception).the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010 and all changes made RT N/A is not during the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line.. 9. Initials of attorney verifying that the attached document is the version approved by the " ') N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the 1 / r/ an option for Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24..05;Revised 11/30/12 ri Project: 51029 Golden Gate City Stormwater Parcel: 244TCE1 & 244TCE2 Folio: 36231120008 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of re bry , 20 by OUR LOGISTICS, LLC, a Florida limited liability company, whose mailing address is 1800 Santa Barbara Blvd., Naples, FL 34116 (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. CAC; • 1 6 B 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT- Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA , Deputy Clerk RICK LoCASTRO, Chairman Attest as to Chafrma `% cAo • 1 AS TO OWNER: OUR LOGISTICS, LLC, a Florida limited Liability Company DATED: 0 BY: t�'�':'��.�_ !'\Iitries' (Si 6 ure) ILEA A VERO, Manager 6f/S 171vz 4, /2 0,0 Name (Print or Type) , C) , /1 C9 ness (Signature) Name (Print or Type) f Ap ro ed as to f m legality: DEREK D. PERRY, ESQ. ,� Assistant County Attorney c, Last Revised 11/14/22 I :) .. EXHIBIT A Page 1 of 2 TE-ROW I I NOTES: 1 2/19/2=_' I I 1. THIS IS NOT A BOUNDARY SURVEY. NOR IS IT INTENDED TO BE USED AS ONE. 244TCE1 L I 2. COORDINATES AND HORIZONTAL DATA SHOWN HEREON ARE J IN FEET AND ARE PROJECTED ONTO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (NA083), 2011 ADJUSTMENT. 1 3. BEARINGS SHOWN HEREON ARE BASED ON FIXING THE NORTH LINE OF LOT 17, BLOCK 153, GOLDEN GATE UNIT 5, a I I WHEREIN SAID NORTH UNE BEARS S88'43'50"W. P.O.C. / I DESCRIBED PARCEL OF LAND— I 12'DE d PUE 4. PARCEL CONTAINS 1,582 SQUARE FEET, MORE OR LESS. NORTHWEST CORNER OF 5. P.O.C. = POINT OF COMMENCEMENT 0 LOT 17, BLOCK 153, I CONTAINS 1,582 SQ.FT.,± I (PER PLAT) 6. P.O.B. = POINT OF BEGINNING GOLDEN GATE UNIT 5 I 18 I 7. ORB = OFFICIAL RECORDS BOOK (PLAT BOOK 5, PAGE 119) N88'43501-6.0' J 8. PG = PAGE a S01'16'101'6.0' r 9 P = PLAT PO ALLEY 10.DE = DRAINAGE EASEMENT N88"43'S0"E 113.0. I PER PLAT 11.PUE = PUBLIC UTILITY EASEMENT P.O.B. C > 12.R/W = RIGHT-OF-WAY 13.SO. FT. = SQUARE FEET S88°43'50"W 113.0' 14. PID = PARCEL IDENTIFICATION NUMBER N01°16'10"W LOT 17,BLOCK 153 14 2D I S01°16'10"E 14.0' A IGOLDEN GATE UNIT 5 —— I 14.0' Digitally I o L__ PLAT BOOK 5,PAGE 119 _J b signed by w PIDT 36T131120008 A MarkA. 1778 SANTA�A BALBL VD_——, TexterI Date: 2022.12.16 c I 6'DE& PUE 16 I -0- 11:12:04 (PER PLAT) i I NOT A SURVEY -05 'i' L J I I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE €� AND BELIE H THE E DEE INTAC AND E 0 to 0 •I.4a ATTACHED SKETCH WERE PREPARED IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF CHAPTER "i. (INTENDED DISPLAY SCALE: 1"-401 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472, FLORIDA STATUTES. DESCRIPTION 0, THAT PORTION OF OF LOT 17, BLOCK 153, GOLDEN GATE UNIT 5, PLAT BOOK 5, PAGE 119 IN THE PUBLIC 2 RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST. BEING MORE o PARTICULARLY DESCRIBED AS FOLLOWS: MARK A. TEXTER (FOR THE FIRM L.B. 642) S COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 17, THENCE RUN N88'43'50"E ALONG THE NORTH LINE PROFESSIONAL SURVEYOR AND MAPPER 8 OF SAID LOT 17 FOR 6.0 FEET; THENCE RUN SO1'16'10"E FOR 6.0 FEET TO THE POINT OF BEGINNING. FLORIDA CERTIFICATE NO. 6392 5 FROM SAID POINT OF BEGINNING THENCE RUN N88'43'50"E FOR 113.0 FEET; THENCE RUN S01'16'10"E FOR DATE SIGNED: i 14.0 FEET; THENCE RUN S88'43'50-W FOR 113.0 FEET; THENCE RUN NO1'16'10"W FOR 14.0 FEET TO THE POINT OF BEGINNING. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL PARCEL OF LAND CONTAINS 1,582 SQUARE FEET, MORE OR LESS. RAISED SEAL OF A FLORIDA LICENSED SURVEYOR i AND MAPPER. GOLDEN GATE CITY-ALIGNMENT J JOHNSON ENGINEERING. INC. SKETCH AND DESCRIPTION-PARCEL OF LAND LYING IN TEMPORARY CONSTRUCTION EASEMENT 2tzP.O. BOX 1550 STREET LOTN 1,BLOCK 153,GOLDEN GATEA UNIT 5 • SECTION 21,TOWNSHIP 49 SOUTH,RANGE 26 EAST FORT Y1'ERS. FLORIW 33902-1550 FOR STORMWATER IMPROVEMENTS PHONE:(239) 334 0046 COWER COUNTY,FLORIDA COLLIER COUNTY,FLORIDA ENGINEERING FAX: (239)334-3681 DATE PROJECT NO. FILE NO.00 SCALE SHEET E.B. /642&LB. +842 12/12/2022 20203244- 0 21-49-26 1:40 1 OF 1 I r4 R EXHIBIT A Page 2 of 2 jI NOTES: ..,, r -11. THIS IS NOT A BOUNDARY SURVEY, NOR IS FT INTENDED TO I BE USED AS ONE. 244TCE2 I 6(PER PLA JE I 20'ALLEY 2. COORDINATES AND HORIZONTAL DATA SHOWN HEREON ARE _ STATE /(PER PLAT IN FEET E COORDINATE PSYSTEM, EAST ROJECTED ONTO ZONE, NORTH THE AAMERICAN 19 DATUM OF 1983 (NAD83), 2011 ADJUSTMENT. E m I __ LOT 18,BLOCK 153 --J 3 SOUTH BEARINGS LOTOWN 18, HEREON ARE B153DGOLDEN ON I GATE NG UNIT5, 2. o L GOLDEN GATE UNIT 5 WHEREIN SAID SOUTH LINE BEARS SBB'43'50"W. o PLAT BOOK 5,PAGE 119 -- 4. PARCEL CONTAINS 1,582 SQUARE FEET, MORE OR LESS. N r—— 5. P.O.C. = POINT OF COMMENCEMENT PID: 36231120008 I 6. P.O.B. = POINT OF BEGINNING 1778 SANTA BARBARA BLVD I S01°16'10"E 8. OGB= P GEICIAL RECORDS BOOK pa N01°16'10"W N88°43'50"E 113.0' 14.0' 9. P = PLAT ---- 10. DE = DRAINAGE EASEMENT z F 14.0' 11.PUE = PUBLIC UTILITY EASEMENT m 12.R/W = RIGHT—OF—WAY P.O.B.——♦ 13.SQ. FT. = SQUARE FEET r 0) S88°43'50"W 113.0' 14' r12'DE& PUE 14. PID = PARCEL IDENTIFICATION NUMBER i N01'I6'101V 6.9 20' -1 ---------1- (PER PLAT) P.O.C. N88'4350£6.0' 17 ',4 SOUTHWEST CORNER OF I DESCRIBED PARCEL OF LAND I 31 LOT 18, BLOCK 153, CONTAINS 1,562 SQ.FT.,± Digitally signed GOLDEN GATE UNIT 5 I I by Mark A. 1 (PLAT BOOK 5, PAGE 119) f I I Texter L J Date: ` 2022.12.16 fa E 71:16:01-05'00' r I NOT A SURVEY I I I I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE .� 0 10 20 40 AND BELIEF, THAT THE LEGAL DESCRIPTION AND ATTACHED SKETCH WERE PREPARED IN ACCORDANCE ® WITH THE APPLICABLE PROVISIONS OF CHAPTER (INTENDED DISPLAY SCALE 1-=40') 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT 8 TO CHAPTER 472, FLORIDA STATUTES. DESCRIPTION R THAT PORTION OF OF LOT 18, BLOCK 153, GOLDEN GATE UNIT 5, PLAT BOOK 5, PAGE 119 IN THE PUBLIC N RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST. BEING MORE _ g PARTICULARLY DESCRIBED AS FOLLOWS: MARK A. TEXTER (FOR THE FIRM L.B. 642) o COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 18, THENCE RUN N86'43'50"E ALONG THE SOUTH LINE PROFESSIONAL SURVEYOR AND MAPPER tl OF SAID LOT 18 FOR 6.0 FEET; THENCE RUN NO1'16'10"W FOR 6.0 FEET TO THE POINT OF BEGINNING. FLORIDA CERTIFICATE NO. 6392 .E FROM SAID POINT OF BEGINNING THENCE RUN NO1'16'10"W FOR 14.0 FEET; THENCE RUN N88'43'50"E FOR DATE SIGNED: 113.0 FEET; THENCE RUN SO1'16'1O"E FOR 14.0 FEET; THENCE RUN 588'43'50"W FOR 113.0 FEET TO THE — -- E POINT OF BEGINNING. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL PARCEL OF LAND CONTAINS 1,582 SQUARE FEET, MORE OR LESS. RAISED SEAL OF A FLORIDA LICENSED SURVEYOR „5.. AND MAPPER. GOLDEN GATE CITY-ALIGNMENT J JOHNSON ENGINEERING, INC. SKETCH AND DESCRIPTION-PARCEL OF LAND LYING IN 2t22 P.O.HBOX n1550REET LOT ,BLOCK 153,GOLDEN GATE UNITS TEMPORARY CONSTRUCTION EASEMENT 4FORT MYERS, FLORIDA 33902-1550 SECTION 21,TOWNSHIP 49 SOUTH,RANGE 26 EAST FOR STORMWATER IMPROVEMENTS PHONE: (239) 334-0046 COLLIER COUNTY,FLORIDA COLLIER COUNTY,FLORIDA ENGINEERING (239)�3 a-ia'2 DATE PROECTNO. FILE NO. SCALE SHEET E.B. 64 12/12/2022 20203244-000 21-49-26 1:40 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 8 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original docu❑; npleted routing sail. ;i original documcr re to he I,. or County Attorney Office at the time the item is placed on the agenda. .all completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Count_Attorney Office. Route to Addressee(s) (List in routing order) Office M Initials Date 1. _____M *-,..,, 3. County Attorney Office County Attorney Office 0 pr 4. BCC Office Board of County 1 Commissioners (Z(_ by �/ J/Z/j 3 5. Minutes and Records Clerk of Court's Office j ("( PRIMARY CONTACT INFORMATION f / /rr Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ronald Thomas Phone Number 252-5861 Contact/ Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 02/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RT 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's � � Office and all other parties except the BCC Chairman and the Clerk to the Board N/A -—t`=-t 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RT 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RT 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A --�{-C Some documents are time sensitive and require forwarding to Tallahassee within a certain " time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 02/23/2010 (enter date)and all RT N/A is not changes made during the meeting have been incorporated in the attached document. an option for The County Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the V0 an option for Chairman's signature. L this line. I:Forms/County Forms/BCC Forms!Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 • n '�S Project: 51029 Golden Gate City Stormwater Parcel: 214TCE Folio: 36458000008 TEMPORARY CONSTRUCT T lOR1 EASEitfdENT AGREE61vdEHT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the"Agreement") is made and entered into on this 2 7 day of P br-u ,-262 0�3 by and between JOSE CRUZ and MILDRED CRUZ, husband and wife, whose mailing address is PO BOX 471, Naples, FL 34106 (hereinafter "Owner") and COLLIER COUG`JTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to-Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. t + B 1 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT- Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: �� `-ZO2--3 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA BY: 'o to 1 uy BY: Q. t� _,. epa:J. .Clerk + RICK LoCASTRO, Chairman Attest as F hat signature EEt 'e5 I 6 B 1 AS TO OWNER: DATED: 28 2OZ Witness (Signature) JOSE CRUZ _11--eb.).g.t..5")'-icc — Name (Print or Type) __ ( j� Witness (Signatture) MILDRED CRUZ t, z-,/— /"(dim Name (Print or Type) A , roved s t formijand legality: 1 DEREK D. PERR , ESQ. 1 q Assistant County Attorney, . 1 l\All Last Revised 11/14/22 .IM.y40 16 8 1 • EXHIBIT A Page 1 of 1 TE-ROW 214TCE NOTES: 1. 12/19/22 THIS IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO BE USED AS ONE. -P.O.C. 29TH PLACE S.W. 2. COORDINATES AND HORIZONTAL DATA SHOWN HEREON ARE NORTHWEST CORNER OF IN FEET AND ARE PROJECTED ONTO THE FLORIDA STATE LOT 20, BLOCK 267, PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN GOLDEN GATE UNIT 7 DATUM OF 1983 (NAD83), 2011 ADJUSTMENT. E. (PLAT BOOK 5, PAGE 140) 3. BEARINGS SHOWN HEREON ARE BASED ON FIXING THE WEST LINE OF LOT 20, BLOCK 267, GOLDEN GATE UNIT 7, -P.O.B. N87°55'43"E 14.0' WHEREIN SAID WEST LINE BEARS NOO'06'35'W. i -SROOw635E'6.0'�• R\ 4. PARCEL CONTAINS 322 SQUARE FEET. MORE OR LESS. NB�55'93 E 6.0'- 5. P.O.C. = POINT OF COMMENCEMENT 14'� ~ \ 6. P.O.B. = POINT OF BEGINNING 1 20, DESCRIBED PARCEL OF LAND 7. ORB = OFFICIAL RECORDS BOOK 0 12'DE& PUE CONTAINS 322 SQ.FT.,± 8. PPG_PPAT E (PER PLAT) J __ SOO°06'35"E 23.0' 11. PUE = PUBLIC 10. DE = DRAINAGE EASEMENT m N00°06'35"W 6'DE&PUE 12.R/W = RIGHT-OF-WAY C/D EASEMENT (PER PLAT) W 13. SO. FT. = SQUARE FEET 23.0' LOT 20,BLOCK 267 14. PID = PARCEL IDENTIFICATION NUMBER '' S87°55'43"W 14.0' GOLDEN GATE UNIT 7 PLAT BOOK 5,PAGE 140 f I Digitally E s'DE& PUE PID: 36458000008 x K ,signed by (PER PLAT) 5498 29TH PL SW E-I ;,� Mark A. /'ei ''' -Texter '' Date: 2022.12.16 E 09:39:40- 19 -05'00' I NOT A SURVEY i I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE € AND BELIEF, THAT.THE LEGAL DESCRIPTION AND z 0 10�20 �40 ATTACHED SKETCH WERE PREPARED IN ACCORDANCE 0, (INTENDED DISPLAY SCALE: 1°=40') 5J H j 05,THE APPLICABLE ADMINISTRATIVE OF CODE,APTER PURSUANT § TO CHAPTER 472, FLORIDA STATUTES. P. DESCRIPTION . THAT OFc RECORDSRTION OF COLLIERFCOUNTY,LOTOFLORDA, LYING NBLOCK 267, OECTION 28, TOWNSHIP 49 SOLDEN GATE UNIT 7, PLATDUTH,SRANGEE2640 EAST. BEINGIN THEPUBLIC MORE MARK A. TEXTER (FOR THE FIRM L.B. 642) o PARTICULARLY DESCRIBED AS FOLLOWS: SURVOR AND i COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 20, THENCE RUN 500'06'35"E ALONG THE WEST LINE OF FLORIDAPSICNAL ERTIFICATEEYNO. 6392MAPPER ." SAID LOT 20 FOR 6.0 FEET; THENCE RUN N8755'43"E FOR 6.0 FEET TO THE POINT OF BEGINNING. c FROM SAID POINT OF BEGINNING THENCE RUN N87'55'43"E FOR 14.0 FEET; THENCE RUN SOO'O6'35"E FOR 23.0 DATE SIGNED: 5 FEET; THENCE RUN 587'55'43'W FOR 14.0 FEET; THENCE RUN NDO'06'35"W FOR 23.0 FEET TO THE POINT OF BEGINNING. NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL g RAISED SEAL OF A FLORIDA LICENSED SURVEYOR i PARCEL OF LAND CONTAINS 322 SQUARE FEET, MORE OR LESS. AND MAPPER. GOLDEN GATE CITY-ALIGNMENT B J !� JOHNSON122HNiON STREET T SKETCH AND DESCRIPTION-PARCEL OF LAND LYING IN TEMPORARY CONSTRUCTION EASEMENT `\J �, 21 P.J eoz i sso EET LOT 20,BLOCK 267,GOLDEN GATE UNIT7 FOR STORMWATER IMPROVEMENTS jr FORT MYERS, FLORIDA 33902-1550 SECTION 28,TOWNSHIP 49 SOUTH,RANGE 26 EAST PHONE: (239) 334-0046 COLLIER COUNTY,FLORIDA COLLIER COUNTY,FLORIDA ENGINEERING FAX: (239) 3 a-�a'z DATEPROJECT NO. FILE NO. SCALE SHEET E.B. 12/12/2022 20203244-000 28-49-26 1:40 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 B 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to o! aal document. plet,. anal documents are to i:. ....t., ,Attorney Office at the time the item is placed on the agenda. 411 completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Count}Attorney Office. Route to Addressee(s (List in routing order) Office L>litials Date I. 2. x 3. County Attorney Office County Attorney Office O p J 1 Z3 b 4. BCC Office Board of County Commissioners g/ hi�// 3/3// 23 5. Minutes and Records Clerk of Court's Office ' - ii:; 3 -‘.."7 r 17 PRIMARY CONTAC T INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robin L.Goldsboro Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 2/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded I INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) l. Does the document require the chairman's original signature? RLG 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency; Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RLG 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RLG 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! N/A — 8. The document was approved by the BCC on 2/23/2010 (enter date)and all changes •is not made during the meeting have been incorporated in the attached document. The .tion for County Attorney's Office has reviewed the changes, if applicable. RLG .line 9 Initials of attorney verifying that the attached document is the version approved by the ' is" BCC,all changes directed by the BCC have been made,and the document is ready for the 0 0j' .,t',. Chairman's signature. I• Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 B 1 Project: 51029 Golden Gate City Stormwater Parcel: 215TCE Folio: 36430880000 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMEN (hereinafter referred to as the "A reement"). is made and entered into on this day of , 2044 by and between JENNIFER BREINING, a single person, whose mailing address is 5501 29th Place SW, Naples, FL 34116, (hereinafter "Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. co=.1 681 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: ' /61i ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA ire24 --- BY: 1 �r.:a t fr.. k/. �., BY: 1 Deputy Clerk RICK LoCASTRO, Chairman i 6 B 1 AS TO OWNER: DATED: IG ess (Signature) J FER B ININ Zi3e4— Z: t'd_e-ti'/ . Name tint or Ty e) W ss ignature) h,i I LLJA/J Name (Print or Type) A, oved as to f and legality: D REK D. PERRY, ESQ q ....v Assistant County Attorney � 1/ Last Revised 11/14/22 16 B 1 --1 \\ftms01\0ranings\2020\20203244-000\Surveying\s!cetches\Temp Construction Easements - B.drig (D) mlb Aug 29, 2022 - 3:05pm m. m O L -I'D 07: r- > mmXDo >n2- 0� f `cn o n K m 0-1 r 0.-d 0 � 0zi2 22D-I - cU)0 I 0cn l P2 m 0 • zoNExoA ox 0 --1 m ro -< Z z+ a, CDcCnn z zzonmo o0 z0 m -I — c '{ -I ViI-� 0,, cn m :U ZOrnx�m 0 r-- - _ NDIV C n ' m- a -�j D D �omTirnmOO o ZN� o y �� cr cx c I- 70 O r z o G') m e c co cn y rn cn � r �' F M MI D m m r' r*iOmcmnor�!v m C�r� •0 rn a, �C _iz z oo z-i 0 0 0 M -I m 0rnm oom --,N, m I+ O O m m n *MI- p O I I fn Z 0 wz�- (np0 �VO1'1 n Y i J rn -I A _mCZ D� I O y/ > Z m i N00°06'35"W 113.1' } m w c z W I O , I } m m z�� 00 -� NI \) - 1 �\ 0 mm�ml' z� oF:o B 0 I u ' 0 �u�-� -1 0 m r 0 m CA 00� S00°06'35"E 113.1' co I.._1 ) 0 zCW11-OO O0 c?, o V V7 C3�mLOT 22, BLOCK 230 O, r N c o 0 2 c® c"' GOLDEN GATE UNIT 7 w M r' ) Z m z o PLAT BOOK 5, PAGE 140 m V J , wq m z 0b PID: 36430880000 co 70 c o L__(PER PLAN 5501 29TH PL SW _ o Mt) m-IZ C) CI = 00 00 P ra Z z -1 G x O � m0cn m hi .0 c m > Z"o myy=� wi Z .. 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I m m Z m 0 '_ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUR,J Itt B 1 Print on pink paper. Attach to original document. The completed mou iriginal documents are : ded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must he receis ed in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines 111 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office POP 3'5/L4. BCC Office Board of County Commissioners AL iy fk ?//2.-3 5. Minutes and Records Clerk of Courts Office 3/3 .?3 3.5/1 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robin L.Goldsboro Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 2/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RLG 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RLG 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RLG 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! N/A 8. The document was approved by the BCC on 2/23/2010 (enter date)and all changes N/A is not: made during the meeting have been incorporated in the attached document. The an option for County Attorney's Office has reviewed the changes,if applicable. RLG _this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not: BCC,all changes directed by the BCC have been made, and the document is ready for the an option for Chairman's signature. this line. I Forms'County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24..05,Revised 11/30/12 16s ' Project: 51029 Golden Gate City Stormwater Parcel: 224TCE Folio: 36370960006 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT ihereinafter referr d to as the "Agreement") is made and entered into on this c 41 day of P- Y Vt.i , 20'2, by and between ANA LISA PEREZ, a single person, whose mailing address is 5501 26th Avenue Southwest, Naples, FL 34116, (hereinafter"Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. CPO1 I 1 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE -This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: .3/103 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA Y � BY: `l �,.,_t;E < , , ,, , : a'� /� ._' BY. / Deputy Clerk RICK LoCASTRO, Chairman Ati'e:stis to Cliairthan s signature only, :r,; . I1 AS TO OWNER: DATED: "t\',d z-3 Witness (Signature) ANA LISA PEREZ I'Z { d lR-vc xrC rim. Name (Print or Type) '1l 0)7c-Th y ,4/y22o77,= Witness (Signature) lDo nqN Name (Print or Type) proved as to fo and legality: /t/1/4-4,(, DEREK D. PERR , ESQ. Assistant County Attorney \\1)\\b‘\ Last Revised 11/14/22 1131 T - .,_ 0 w z w o w z 0 ¢ Z wCD ¢Q I- D W VII- OQ0WD 0O} z ' O ( Z a s I X 5 C7 ~ Z WOS Z_Z O �ZUQ N O� Z V) 4'_.- I- 2�a' x7 W U }O¢Up COsr I 0Ln J m 0 0 Z�O ZL'- tY w �aZ O • •IY Z O N ® pItZ LaZQ 0 ��-e. N >." U-Up0UW ma aLu zU° V' _ et 2 00 O WF_ __I 0- W1n C () z �Fz�Oz O N 1io¢z~� g� �w OQ� � �. F-00 pwO LLJ O F m O W a0 FQ- K N ¢O JO LY c� ppa�q }; ¢ N V7 pp`yV w 0Z ix M Q‘Q ¢m0�WW F- D O p mCa7W>p�Q WQO �Q a' OOO N cp 6� O QplilO ._�QWOO W Z 1-J L'.J jL �Op w� OQ.. p� � N ~ N¢o�nC3ZZm W 0 v OWW p0 CC Z 20 U`_� D p >- OUW •-Z�mN�Z� hN ~ I-F��Qu- OW?1-- I ~h_ O m a O z all Q N�17 m WY 1,4_Z N m OC1 W}�}.. 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CWJ lt O IL 0 1 r -04 =u-¢ 0¢f¢z0w� ¢ OJ O - U F-O 0_ O 1n u_2 Q a'L_.-- a CI- u_ WdZLI£ - ZZOZ '6Z 6ny qiw (r) 6ra Wp•0 — s;uawasu uor}3 suo0 dujgAsapPYISVaIbillnS\000-tr4Z£OZOZ\OZOAs5u!nud\10sut1}\\ W F- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 8 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to or ,al document. The completed routing slip and original a• •,iments are to I.. .,,rwarded i+. the County Attorney Office at the time the item is placed on the agenda. An completed routing slips and original documents must be received in the County Attorney Office no later than Monda% preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's si nature,draw a line throw h routin lines#1 throw h#2 complete the checklist and forward to the Coun Attome Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 0012 ,f.3)7-3 4. BCC Office Board of County Commissioners e Yo,8) 3/3/2 3 5. Minutes and Records Clerk of Court's Office 1 .14 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Robin L.Goldsboro Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC RES 2010-39 2/23/2010 16 B 1 Type of Document Number of Original Attached Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RLG 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency; Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. RLG 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RLG 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! N/A _ 8. The document was approved by the BCC on 2/23/2010 (enter date)and all changes N/A is not made during the meeting have been incorporated in the attached document. The an option for County Attorney's Office has reviewed the changes,if applicable. RLG this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the f) p an option for Chairman's signature. this line. 1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 631 Project: 51029 Golden Gate City Stormwater Parcel: 185TCE Folio: 35772640006 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of / -47 , 20_, by and between KRISTA LEIGH MACRIDES, individually and as Personal Representative of the ESTATE OF GERALD T. WOODWARD, deceased, whose mailing address is 4430 19th Avenue SW, Naples, FL 34116, (hereinafter"Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County"). WHEREAS, the County requires a Temporary Construction Easement (hereinafter "the Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter "the Property"), which is attached hereto and made a part of this Agreement, for the purpose of replacing and constructing drainage and related facilities within the public right of way and drainage and utility easement immediately adjacent thereto, together with the right to place, excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials and improvements as shall be required to construct said drainage facilities; subject to the restrictions contained herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Easement requested by County. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form acceptable to the County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to the County of a properly executed easement instrument) is hereinafter referred to as the "Closing." The County shall pay all Easement instrument recording fees. 3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the essence. Therefore, Closing shall occur within 30 days of the date of execution of this Agreement or within 30 days of the County's receipt of a properly executed Temporary Construction Easement, whichever is the later. This agreement shall C AO 1 remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. 4. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of the County's official Notice to Proceed to its contractor for the construction of Golden Gate City Stormwater Project 51029 and shall automatically terminate one year therefrom. 5. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and/or assignees, whenever the context so requires or admits. 6. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and the County. 7. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 8. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO THE COUNTY: DATED: 3//% -5 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA BY: �. � 14-A 1 r t Ga,i,W ,ii t BY: ;,.. Deput r'Clerk RICK LoCASTRO, Chairman [tot axe o c4 0 BI AS TO OWNER: DATED: 3//�� ii Witness (Signature) KRISTA LEIGH MACRIDES, individually and as the Personal -�" / Representative of the Estate of �4 ;A1 �/ 66,rd Gerald T. Woodward, deceased Name (Print or Type) Witness (Signature) Name (Print or Type) roved as, f, m and legality: DEREK D. PERRY, E Q. Assistant County Attorney \`V' ,N Last Revised 11/14/22 1b B 1 LEGAL DESCRIPTION & SKETCH TEMPORARY CONSTRUCTION EASEMENT Exhibit A 4430 19TH AVENUE S.W. (FOLIO NO. 35772640006) Page 1 of 2 NAPLES, FLORIDA DESCRIPTION: THAT PORTION OF LOT 4, BLOCK 56, GOLDEN GATE UNIT 2, AS RECORDED IN PLAT BOOK 5, PAGES 65-77 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 4; THENCE S 35°10'00" E, ALONG THE WEST LINE OF SAID LOT 4, FOR 6.01 FEET; THENCE N 54°50'00" E FOR 6.00 FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT, RADIUS 1534.00 FEET, DELTA ANGLE 00°24'39", CHORD BEARING N 55°15'46" E, CHORD DISTANCE 11.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT FOR 11.00 FEET; THENCE S 35°10'00" E FOR 17.00 FEET; THENCE S 54°50'00" W FOR 8.00 FEET; THENCE S 34°05'09" E FOR 53.01 FEET; THENCE N 54°50'00" E FOR 12.00 FEET; THENCE S 35°10'00" E FOR 43.05 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT, RADIUS 1421.00 FEET, DELTA ANGLE 00°33'52", CHORD BEARING S 55°21'27" W, CHORD DISTANCE 14.00 FEET; THENCE SOUTHWESTERLY ALONG THE ry ARC OF SAID CURVE TO THE LEFT FOR 14.00 FEET; THENCE N 35°10'00" W FOR 113.00 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 922 SQUARE FEET, MORE OR LESS. a to N E v H W N N N a K TN Digitally signed p1'V'" S4,i MsG by Darren 1 Townsend C v Date: -I STATE OF NOTES: o, PLORIDA , a' 2022.03.16 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS 15:04:50-04'00` THEREOF. 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 2, DARREN TOWNSEND PROFESSIONAL SURVEYOR AND MAPPER PLAT BOOK 5, PAGES 65-77. FLORIDA CERTIFICATE. NO. 6476 NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND NOT VALID WITHOUT THE ATTACHED SKETCH OF DESCRIPTION. THIS IS NOT A SURVEY. SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. AIM Engineering& Surveying,Inc. SMIL-10504 - SMOF-1637 2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 35772640006) I MIN FORT MYERS, FLORIDA 33901 www.aimengr.com DRAWN: CHECKED: CLIENT: PHONE (239) 332-4569 IS 3-9-22 DT 3-10-22 COLLIER COUNTY TOLL FREE (800) 226-4569 PROJECT NO.: SECTION: TOWNSHIP: RANGE: COUNTY: A I M LICENSED BUSINESS No. 3114 20-1121 22 49 S 26 E COLLIER SHEET 1 OF 2, 1 681 LEGAL DESCRIPTION & SKETCH TEMPORARY CONSTRUCTION EASEMENT Exhibit A V,I 4430 19TH AVENUE S.W. (FOLIO NO. 35772640006) Page 2 of 2 �/, NAPLES, FLORIDAia L = 11.00' C .0 R = 1534.00' A = 00°24'39" 0.111=1 0 19TH AVENUE S.W. CB = N 55°15'46" E INTENDED DISPLAY SCALE: 1" = 20' 60' R/W (P) CD = 11.00' R = 1540.00' - o 6' D&PUE (P) o 0 6' D&PUE (P) Io Lo Li., POC: I o NW CORNER LOT 4, BLOCK 56 0 0 b 0 GOLDEN GATE UNIT 2 o POB ,n t6 m uw o S54°50'00"W o LEGEND: 0 8.00' VI CB = CHORD BEARING z o 00 to CD = CHORD DISTANCE `L-P-, o D&PUE = DRAINAGE & PUBLIC b � UTILITIES EASEMENT o Y (N 1O N L = ARC DISTANCE N u LB = LICENSED BUSINESS O L NO. OR # = NUMBER Lo r` U °o av m (P) = AS SHOWN IN `^ ^n o un O• a P.B. 5, PGS. 65-77 u „ ,n p m Z N P.B. = PLAT BOOK 0 vi o o a" PGS. = PAGES m rn J,;a POB = POINT OF BEGINNING L,. U `� 0 N POC = POINT OF COMMENCEMENT I- o "' N R = RADIUS _- a b N54°50'00"E R/W = RIGHT OF WAY 12.00' M L = DELTA ANGLE m 3 N a H c Ul Q, O O M Z w ,- } O F— rr ~ < Uw oa .....-----` O rsi o_ I__ U U 2 cn cr) aa o Ill Zw M o g Ho N o U N 'p LO uD 0, m In z m 0 tn 6' D&PUE (P) 6' D&PUE (P) a i R = 1415.00' SUNRISE L = 14.00' 2 NOTES: CANAL(P) R = 1421.00' 70' R/W 0 = 00°33'52" CB = S 55°21'27" W 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS CD = 14.00' THEREOF. N 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 2, PLAT BOOK 5, PAGES 65-77. NOT VALID WITHOUT THE ATTACHED DESCRIPTION. THIS IS NOT A SURVEY. AIM Engineering& Surveying,Inc. SMIL-10504 - SMOF-1637 2161 FOWLER STREET, SUITE 100 FORT MYERS, FLORIDA 33901 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 35772640006) www.aimengr.com DRAWN: CHECKED: CLIENT: PHONE (239) 332-4569 1S 3-9-22 DT 3-10-22 COLLIER COUNTY TOLL FREE (800) 226-4569 PROJECT NO.: SECTION: TOWNSHIP: RANGE: COUNTY: ` A I M ro LICENSED BUSINESS No. 3114 20-1121 22 49 S 26 E COLLIER SHEET 2 OF 2 ✓r '/ Filing # 141481947 E-Filed 01/06/2022 12:45:53 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY,FLORIDA PROBATE DIVISION IN RE ESTATE OF: ) ) File No.21-CP-3555 GERALD THOMAS WOODWARD, ) Division: Probate Deceased. ) LETTERS OF ADMINISTRATION (Single Personal Representative) TO ALL IT MAY CONCERN: WHEREAS,the Decedent, GERALD THOMAS WOODWARD, a resident of Collier County,Florida, died on November 2,2021; WHEREAS,KRISTA LEIGH MACRIDES has been appointed Personal Representative of the Estate of Decedent, GERALD THOMAS WOODWARD,and has performed all of the prerequisite acts for the issuance of the Letters of Administration in the Estate of GERALD THOMAS WOODWARD; NOW,THEREFORE, I,JUDGE HUGH D. HAYES,Circuit Court Judge,declare KRISTA LEIGH MACRIDES duly qualified under the Laws of the State of Florida to act as Personal Representative of the Estate of GERALD THOMAS WOODWARD with full power to administer the Estate according to law; to ask, demand, sue for,recover, and receive Decedent's property; to pay the Decedent's debts as far as the assets of the Estate will permit and the Law directs; and to distribute the Estate according to law. "era Sigr.d,n Haves.5445❑5 11-202'-CP-003555-0001-XX 01:0&2022 12'054A 4W11OHdnm I 6 B Emily R. Hogentogler,Esq. ABSOLUTE LAW,PA 12585 New Brittany Blvd. Fort Myers, FL 33907 notice@absolutelaw_rsei: ATTORNEYS FOR PETITIONER Electronic Service List Emily Rose Hogentogler<emily@absolutelaw.net> Emily Rose Hogentogler<notice@absolutelaw.net>