Parcel 176TCE Project: 51029 Golden Gate City Stormwater
Parcel: 176TCE
Folio: 36374680007
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered into on this I(f) 2- day of
, 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
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: O. ) I'7 I ?0Z..3
ATTEST:
CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit Court & Comptroller COLLIER COU FLORIDA
BY. i 9 t ti BY:
, Deputy Clerk RICK LoCASTRO, Chairman
AtteStfaS to Chaiinan'S
AS TO OWNER:
DATED: 61, 1� do)-
itn gnature) EXNAIDER LO Z MOREL
---1-Ziate-NA-c)frPC_S
Name (Print or Type)
S CT)
Witness (Signature) MAYTE GIL PEREZ
/lL%5, / . C,z/Q h(c)
Name (Print or Type)
A oved as to form and legality:
D rek D. Perry, ESQ.
Assistant County Attorney
Last Revised 11/14/22
TE-ROW 176TCE LEGAL DESCRIPTION & SKETCH EXHIBIT A
3/22/22 TEMPORARY CONSTRUCTION EASEMENT
5364 25TH AVENUE S.W. (FOLIO NO. 36374680007) page 1 of 2
NAPLES, FLORIDA
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
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 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.
SAID LANDS CONTAINING 266 SQUARE FEET, MORE OR LESS.
of
C
O
��c!K•"°":NsF Digitally signed
47.1 476 1.11 by Darren
Townsend
°•-; STATE OF / Date: 2022.03.16
32 NOTES: Orr FLORIDA •.9!
LD
°ilai5urveN°;
1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS
15:16:37 -04'00'
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)
w FORT MYERS, FLORIDA 33901
• p www.aimengr.com DRAWN: CHECKED: CLIENT:
= 4.1fib. c PHONE (239) 332-4569 IS 3-9-22 DT 3-10-22 COLLIER COUNTY (1
•� T� 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?1
176TCE
LEGAL DESCRIPTION & SKETCH EXHIBIT A
�1 TEMPORARY CONSTRUCTION EASEMENT
r 1 5364 25TH AVENUE S.W. (FOLIO NO. 36374680007)
NAPLES, FLORIDA Page 2 of 2
� i� �/
0 10 20 25TH AVENUE S.W. POB:
INTENDED DISPLAY SCALE: 1" = 20' 60' R/W (P) TCE-1
S
6' D&PUE (P) b 6' D&PUE (P)
EAST
POC: TCE-1 & TCE-2 14.00'
NW CORNER LOT 13, BLOCK 208
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• NOTES:
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.
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:
c PHONE (239) 332-4569 1S 3-9-22 DT 3-10-22 COLLIER COUNTY 1(1M▪UM 411MON.
TOLL FREE (800) 226-4569 PROJECT NO.: SECTION: TOWNSHIP: RANGE: COUNTY: l/
A I M LICENSED BUSINESS No. 3114 20-1121 28 49 S 26 E COLLIER SHEET 2 OF 2i