Parcel 240TCE 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 )5 day of ►e1orvra. , 2023,
by and between VITO TRUPIANO and DIANA TRUPIANO, husband and wife, wbbse 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: L) 62.31202-3
ATTEST:
CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit Gtpurt & Comptroller COLLIER COUNTY, FLORIDA
BYaG� r� i� BY:
�,. ,Deputy Clerk RICK LoCASTRO, Chairman
Attest f.q Ct aairiiian's
csanpfrrrq
_.may`i.La
AS TO OWNER:
DATED: 2-IS -2 U Z3
c
Witness (Signature)
VITO TR IANO(32%
Name (Print or Type)
Witness (Signature) DIANA T NO
K a d h y.z
Name (Print or Type)
A oved as to form and legality:
oeli)
EREK D. PERRY, ES ,V
Assistant County Attor y \v
‘,\V'
Last Revised 11/14/22
EXHIBIT A
Page 1 of 1
.* L j L----- NOTES
240TCE I. THIS:IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO
BE USED AS ONE.
t r 6'DE&PUE , r——_— 2. COORDINATES AND HORIZONTAL DATA SHOWN HEREON ARE
TE-ROW w —fig(PER PLAT IN FEET AND ARE PROJECTED ONTO THE FLORIDA STATE
PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN
12/19/22 DATUM OF 1983 (NA083), 2011 ADJUSTMENT.
3. BEARINGS SHOWN HEREON ARE BASED ON FIXING THE
NORTH LINE OF LOT 12. BLOCK 187, GOLDEN GATE UNIT 6,
13 WHEREIN SAID NORTH UNE BEARS S89'12.52"W.
4. PARCEL CONTAINS 339 SQUARE FEET, MORE OR LESS.
A 5. P.O.C. = POINT OF COMMENCEMENT
n DESCRIBED PARCEL OF LAND P.O.B.6. O BEGINNINGF 7. ORB = OFFICIAL RECORDS BOOK
N
P.O.C. CONTAINS 339 SQ.FT.,t 12'DE& PUE 8. PG = PAGE
NORTHWEST CORNER OF N89'12'52T 6.0' J L (PER PLAT)————_ 9. P = PLAT
10.DE = DRAINAGE EASEMENT
S01
LOT 12, BLOCK 187, g 11.PUE = PUBLIC UTILITY EASEMENT
'1933t 6.0'
GOLDEN GATE UNIT 6 12.R/W = RIGHT—OF—WAY
(PLAT BOOK 5, PAGE 134) N89°12'52"E 113.0' r—— —. 13.SQ. FT. = SQUARE FEET
S89°12'52"V11113.0' t31
14. PID = PARCEL IDENTIFICATION NUMBER
1 P.O.B. N01°19'53"W S01°19'53"E
6 3.0' 3.0' Digitally
N` E LOT 12,BLOCK 187 signed by
Mark A.
GOLDEN GATE UNIT 6 ;`' Texter
PLAT BOOK 5,PAGE 134 ay-,. Date:
PID.' 36302560005 --_,.- 2022.12.16
L3 -e- 2096 55TH TER SW 10:51:50
E
L J L---- 05'00'
NOT A SURVEY
I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE
m r 1 I- AND BELIEF, THAT THE LEGAL DESCRIPTION AND
Z, 0 10 20 40 ATTACHED SKETCH WERE PREPARED IN ACCORDANCE
I WITH THE APPLICABLE PROVISIONS OF CHAPTER
(INfENDEG DISPLAY SCALE 1'=40') 5J-17.05, FLORIDA ADMINISTRATIVE CODE. PURSUANT
g TO CHAPTER 472, FLORIDA STATUTES.
x DESCRIPTION
0 THAT PORTION OF OF LOT 12. BLOCK 187, GOLDEN GATE UNIT 6. PLAT BOOK 5, PAGE 134 IN THE PUBLIC
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 SO1'19'53"E FOR 6.0 FEET TO THE POINT OF BEGINNING. FLORIDA CERTIFICATE NO. 6392
.G FROM SAID POINT OF BEGINNING THENCE RUN N89'12'52"E FOR 113.0 FEET; THENCE RUN 901'19'53"E FOR 3.0
FEET; THENCE RUN S89'12'52"W FOR 113.0 FEET; THENCE RUN NO1'19'53"W FOR 3.0 FEET TO THE POINT OF DATE SIGNED: __
BEGINNING. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
PARCEL OF LAND CONTAINS 339 SQUARE FEET, MORE OR LESS.
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
AND MAPPER.
/ JOHNSON ENGINEERING, INC. SKETCH AND DESCRIPTION-PARCEL OF LAND LYING IN
GOLDEN GATE CITY-ALIGNMENT H t 2122 JOHNSON STREET LOT 12,BLOCK 167,GOLDEN GATE UNIT 6
TEMPORARY CONSTRUCTION EASEMENT ` P.O. BOX 1550 SECTION 21,TOWNSHIP 49 SOUTH,RANGE 26 EAST
MYERS, FLORIDA
FOR STORMWATER IMPROVEMENTS FORT PHONE (239) 334-00461550 COLLIER COUNTY,FLORIDA
COLLIER COUNTY,FLORIDA ENGINEERING F e'p642&g 366412 12 202032 -0
PROJECT NO. FILE NO. SCALE SHEET
12/12/2022 2020324400 21-49-26 1:40 1 OF 1