Parcel 222TCE 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 ,2 3 day of �c b rv�,-) , 2033
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.
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: 8 26 3
ATTEST:
CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit Court & Comptroller COLLIER COUNTY, FLORIDA
(71 Jam' -�
BY: I) C-
'Dept/Clerk RICK LoCASTRO, Chairman
hest tsChairman's
signature only...
CAO
AS TO OWNER:
DATED: 2/23/2 j
idt"`"'N•P '<r___ )d-'i---L-------
Witn ig a / ) MARIO TRUPIANO
r Ira 0/'p4)/
Name (Printor Type)
t..--t...--Pr,-
Witness (Signature) 1111M R IA
r111-46
Name (Print or Type)
• • •ved as t fo and legality:
AS (;AadA
DEREK D. PERRY, ESQ.
Assistant County Attorney 11 1
Last Revised 11/14/22
EXHIBIT A
Page 1 of 1
TE-ROW NOTES:
12/19/22 _ 1. THIS IS NOT A BOUNDARY SURVEY, NOR IS TT INTENDED TO
T BE USED AS ONE.
2. COORDINATES AND HORIZONTAL DATA SHOWN HEREON ARE
222TCE 6'DE& PUE STATE
PLANEE COORD NATEPSYSTEM, EAST ZONE, NORTHIN FEET AND ARE OJECTED ONTO THEAAMER CAN
f (PER PLAT) DATUM OF 1983 (NAD83), 2011 ADJUSTMENT.
3. BEARINGS SHOWN HEREON ARE BASED ON FIXING THE
> 10 NORTH LINE OF LOT 9, BLOCK 227, GOLDEN GATE UNIT 6,
_
l5 WHEREIN SAID NORTH UNE BEARS S87'55'43'W.
"' 4. PARCEL CONTAINS 339 SQUARE FEET, MORE OR LESS.
5. P.O.C. = POINT OF COMMENCEMENT
, DESCRIBED PARCEL OF LAND 6. P.O.B. = POINT OF BEGINNING
P,
r P.O.C. CONTAINS 339 SQ.FT.,± 7. ORB = OFFICIAL RECORDS BOOK
NORTHWEST CORNER OF 8. PG = PAGE
A LOT 9, BLOCK 227, 9. P = PLAT
10. DE = DRAINAGE EASEMENT
GOLDEN GATE"UNIT 6 N8755'43�'6.0' J L 11. PUE = PUBLIC UTILITY EASEMENT
(PLAT BOOK 5, PAGE 125) S00'14?4 E ' r 3 T 12. R/W = RIGHT-OF-WAY
N87°55'43"E 113.1' }L 13. SQ. FT. = SQUARE FEET
P.O.B. 12'DE&PUE 14. PID = PARCEL IDENTIFICATION NUMBER
S87°55'43"W 113.1' } J (PER PLAT)
i N00°14'24"W S00°14'24"E Digitally
€ 3.0' 3.0' 16 signed by
,§ N LOT 9,BLOCK 227 Mark A.
.7... <_
S GOLDEN GATE UNIT 6 :y. ' ,„`• Texker.
PLAT BOOK 5,PAGE 125 } �j Date:
PID: 36326000004 �s"y= `'
2022:12J 6
>' 2642 55TH TER SW 09:50:29
€ £ -05'OG'
L j L NOT A SURVEY
g , r I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE
AND BELIEF, THAT THE LEGAL DESCRIPTION AND
0 10 20 40 ATTACHED SKETCH WERE PREPARED IN ACCORDANCE
z WITH THE APPLICABLE PROVISIONS OF CHAPTER
(INTENDED DISPLAY SCALE: 1"=40') 5J-17.05. FLORIDA ADMINISTRATIVE CODE, PURSUANT
TO CHAPTER 472, FLORIDA STATUTES.
A DESCRIPTION
`-, THAT PORTION OF OF LOT 9, BLOCK 227, GOLDEN GATE UNIT 6, PLAT BOOK 5, PAGE 125 IN THE PUBLIC RECORDS
E OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST. BEING MORE
o PARTICULARLY DESCRIBED AS FOLLOWS: MARK A. TEXTER (FOR THE ARM LB. 642)
g COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 9, THENCE RUN N8755'43"E ALONG THE NORTH LINE OF PROFESSIONAL SURVEYOR AND MAPPER
i SAID LOT 9 FOR 6.0 FEET; THENCE RUN S0014'24"E FOR 6.0 FEET TO THE POINT OF BEGINNING. FLORIDA CERTIFICATE NO. 6392
FROM SAID POINT OF BEGINNING THENCE RUN N87'55'43'E FOR 113.1 FEET; THENCE RUN S00'14'24"E FOR 3.0
FEET; THENCE RUN 58755'43"W FOR 113.1 FEET; THENCE RUN NOO'14'24"W FOR 3.0 FEET TO THE POINT OF DATE SIGNED:
' BEGINNING.
NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
$g 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
2122 JOHNSON STREET LOT 9,BLOCK 227,GOLDEN GATE UNIT 6
TEMPORARY CONSTRUCTION EASEMENT 0 P.D. BOX 1550 SECTION 28,TOWNSHIP 49 SOUTH,RANGE 26 EAST
FORT MYERS, FLORIDA 33902-1550 COLLIER COUNTY,FLORIDA
FOR STORMWATER IMPROVEMENTS PHONE: (239) 334-0046
COLLIER COUNTY,FLORIDA ENGINEERING FAX: (239) 334-3661 DATE PROJECT NO. FILE ND. SCALE SHEET
E.B. 642 At LB. 642 12/12/2022 20203244-000 28-49-26 1:40 1 OF 1