Parcel 244TCE1 & 244TCE2 Project: 51029 Golden Gate City Stormwater
Parcel: 244TCE1 & 244TCE2
Folio: 36231120008
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT,4GREEMENTLhereinafter referred
to as the"Agreement") is made and entered into on this day of ,e'1 ry , 20
-23
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.
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
BY: ` �.�,�,t,,u, 4,wd.,t t &l' BY:
v , beputy Clerk RICK LoCASTRO, Chairman
Attest as to Chairman's
GAO
•
AS TO OWNER: OUR LOGISTICS, LLC, a Florida limited
Liability Company
DATED: rl C)
y BY: � "'`4
Wi/ (Si ure) ILEA Ac EZ VERO, Manager
6 4, Vey
Name (Print or Type)
0
ness (Signature)
- )rine..1 11,, L'OeLift
Name (Print or Type)
e1
Ap, • ed as tofilm legality:
U Litt
DEREK D. PERRY, ESQ. ,
Assistant County Attorneyt,
Last Revised 11/14/22
EXHIBIT A
Page 1 of 2
TE-ROW I I NOTES:
12/19/22 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
IN FEET AND ARE THEJ STATE
PLANE OORDINATEPSY T SYSTEM,PROJECTED
TO ZONE, NORTHAAMERICAN
DATUM OF 1983 (NADB3), 2011 ADJUSTMENT.
r -I3. BEARINGS SHOWN HEREON ARE BASED ON FIXING THE
E
NORTH LINE OF LOT 17, BLOCK 153, GOLDEN GATE UNIT 5,
I
I WHEREIN SAID NORTH LINE BEARS S88'43'50-W.
.7',-', P.O.C. % I DESCRIBED PARCEL OF LAND I 12'DE&PUE 4. PARCEL CONTAINS 1,582 SQUARE FEET, MORE OR LESS.
• NORTHWEST CORNER OF 5. P.O.C. POINT OF COMMENCEMENT
'A LOT 17, BLOCK 153, I CONTAINS 1,582 SQ.FT.,t I (PER PLAT) 6. P.O.B. = POINT OF BEGINNING
_ GOLDEN GATE UNIT 5 18 I 7. ORB = OFFICIAL RECORDS BOOK
8. PG = PAGE
- (PLAT BOOK 5, PAGE 119) FN88'4350-E 6.0' J 9 P = PLAT
SOt'16'10�6.0' r 20'ALLEY 10.DE = DRAINAGE EASEMENT
N$8°43'50"E 113.0' L _ (PER PLAT) 11.PEE = PUBLIC UTILITY EASEMENT
P.O.B. 12.R/W = RIGHT-OF-WAY
13.SQ. FT. = SQUARE FEET
.S S88°43'50"W 113.0' 1 14. PID = PARCEL IDENTIFICATION NUMBER
R N01°16'10"W LOT 17,BLOCK 153 to -20'I S01°16'10"E
14.0' I GOLDEN GATE UNIT 5 I 14.0' Digitally
0 L__ PLAT BOOK 5,PAGE 119 J NI signed by
m PLO' -36731 120008 .- Mark A.
.� 1778 SANTA_BARRAL?A_EILY2——, A
e ram`z;. Texter
`, Date:
g I \" 2022.12.16
0- 11:12:04
€ I 6'DE&PUE 16 I -05'00'
c
�~(PER PLAT) I NOT A SURVEY
1u rn I J I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE
a L AND BEUEF, THAT THE LEGAL DESCRIPTION AND
. 0 10 20 40 ATTACHED SKETCH WERE PREPARED IN ACCORDANCE
i i WITH THE APPLICABLE PROVISIONS OF CHAPTER
(INTENDED DISPLAY SCALE: 1" 40') 55J_17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT
i TO CHAPTER 472, FLORIDA STATUTES.
X DESCRIPTION
• THAT PORTION OF OF LOT 17, BLOCK 153, GOLDEN GATE UNIT 5, PLAT BOOK 5, PAGE 119 IN THE PUBLIC
B RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST. BEING MORE -- -- -- -
- PARTICULARLY DESCRIBED AS FOLLOWS: MARK A. TEXTRR (FOR THE FIRM L.B. 642)
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 17, THENCE RUN N88'43'501 ALONG THE NORTH LINE PROFESSIONAL SURVEYOR AND MAPPER
a OF SAID LOT 17 FOR 6.0 FEET; THENCE RUN S0116'10"E FOR 6.0 FEET TO THE POINT OF BEGINNING. FLORIDA CERTIFICATE NO. 6392
3'E FROM SAID POINT OF BEGINNING THENCE RUN N88'43'S0"E FOR 113.0 FEET; THENCE RUN SO1'16'10"E FOR
14.0 FEET; THENCE RUN S88'43'S0"W FOR 113.0 FEET; THENCE RUN NO1'16'10"1 FOR 14.0 FEET TO THE DATE SIGNED: ___ ____
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
AND MAPPER.
GOLDEN GATE CITY-ALIGNMENT J JOHNSON ENGINEERING. INC. SKETCH AND DESCRIPTION-PARCEL OF LAND LYING IN
J O H C �� 2122 O 1 STREET LOT ,BLOCK GOLDEN GATEEUNIT 5
TEMPORARY CONSTRUCTION EASEMENT I 1 J P.O.. BOX 1 sso SECTION 21,TOWNSHIP 49 SOUTH,RANGE 26 EAST
FOR STORMWATER IMPROVEMENTS ��PHONE: (239)RS. 334-9000446 1550 COLLIER COUNTY,FLORIDA
COLLIER COUNTY,FLORIDA FAX: (239) 334-3661 DATE PROJECT NO. FILE NO. SCALE SHEET
ENGINEERING E.B. /642 k LB. {642 12/12/2022 20203244-000 21-49-26 1:40 1 OF 1
EXHIBIT A
Page 2 of 2
Il NOTES:
� j r , 1. THIS IS NOT A BOUNDARY SURVEY, NOR IS ITINTENDED TO
I BE USED AS ONE.
244TCE2I 6(ER PLATEI 20'ALLEY 2. COORDINATES AND HORIZONTAL DATA SHOWN HEREON ARE
_ STATE
/(PER PIA T) PLA FEET E COORD COORDINATE SYSAND ARETEM, EAST O ZONE, NORTHTHEAA ERICAN
Gaa I 19 DATUM OF 1983 (NAOB3), 2011 ADJUSTMENT.
ARE ASE ON
E b. I __ LOT 18,BLOCK 153 ——I 3 SOUTTHGS LINEHOF LOTNEREON 18, BLOCKS 53DGOLDEINING A EHE UNIT 5,
o L GOLDEN GATE UNIT 5 WHEREIN SAID SOUTH LINE BEARS S88'43'50"W.
4. PARCEL CONTAINS 1,582 SQUARE FEET, MORE OR LESS.
PG PLAT BOOK 5,PAGE 119 ——-1 5. P.O.C. = POINT OF COMMENCEMENT
I PID: 36231120008 I 6. P.O.B. = POINT OF BEGINNING
BLVD I S01°16'10"E
aci
1778 SANTA BARBAR,4 8. PCB=P GEICIAL RECORDS BOOK
o NO1°16'10"W N88°43'50"E 113.0' 14.0' 9. P = PLAT
10. DE =
§ .4 14.0' L————- 11.PUE =DPUIBLICEUTTIILIITY ENT EASEMENT
12. R/W = RIGHT-OF-WAY
FEET
.) P.O.B. S88°43'50"W 113.0' 14' '12'DER PUE 14. PD = PARCEELARE IDENTFCATION NUMBER
J
�NO1'16'10141 6.Q 20 , ---------1- (PERPLAT)
5 P.O.C. I N88 43'S07 6.0' 17 I
SOUTHWEST CORNER OF DESCRIBED PARCEL OF LAND I
w LOT 18, BLOCK 153, I CONTAINS 1,582 SQ.FT.,tfkl
Digitally signed
GOLDEN GATE UNIT 5 I I by Mark A.
(PLAT BOOK 5, PAGE 119) f I IJ ..,. Text
Dateef
L 2022.12.16
U
11:16:01-05'00'
t 1
1 I I I NOT A SURVEY
I I I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE
AND BELIEF, THAT THE LEGAL DESCRIPTION AND
s 0 10 20 40 ATTACHED SKETCH WERE PREPARED IN ACCORDANCE
(INTENDED DISPLAY—,SCALE: 1-=40') WITH THE APPLICABLE PROVISIONS OF CHAPTER
5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT
TO CHAPTER 472, FLORIDA STATUTES.
71 DESCRIPTION
R THAT PORTION OF OF LOT 18, BLOCK 153, GOLDEN GATE UNIT 5, PLAT BOOK 5, PAGE 119 IN THE PUBLIC
5, RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST. BEING MORE
, PARTICULARLY DESCRIBED AS FOLLOWS: MARK A. TEXTER (FOR THE FIRM LB:-642)
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 18, THENCE RUN N88'43'50-E ALONG THE SOUTH LINE PROFESSIONAL SURVEYOR AND MAPPER
it 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
FROM SAID POINT OF BEGINNING THENCE RUN NOt'16'10"W FOR 14.0 FEET; THENCE RUN N88'43'50"E FOR DATE SIGNED: _________
113.0 FEET; THENCE RUN SO1'16'10'E FOR 14.0 FEET; THENCE RUN 588'43'50"W FOR 113.0 FEET TO THE
POINT OF BEGINNING. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
1 PARCEL OF LAND CONTAINS 1,582 SQUARE FEET, MORE OR LESS. AND MAPPER.
/ GOLDEN GATE CITY-ALIGNMENT J JOHNSON ENGINEERING, INC. SKETCH AND DESCRIPTION-PARCEL OF LAND LYING IN
2122 JOHNSON STREET LOT 18,BLOCK 153,GOLDEN GATE UNIT 5
TEMPORARY CONSTRUCTION EASEMENT P.o. Box 1s50 SECTION 21,TOWNSHIP 49 SOUTH,RANGE 26 EAST
FOR STORM WATER IMPROVEMENTSpIIp.I2
FO�PHOENE: (39)D334 0 61550 COLLIER COUNTY,FLORIDA
COLLIER COUNTY,FLORIDA ENGINEERING FAX:#(239) 334-3661 DATE PROJECT NO FILE NO. SCALE SHEET
E.B. 642& LB. 642 12/12/2022 20203244-000 21-49-26 1:40 1 OF 1