Parcel 171TCE 1 68 1
Project: 51029 Golden Gate City Stormwater
Parcel: 171TCE
Folio: 35991920002
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 M 14 , 2023,
by and between KELLY GLEN COLBURN and LISA J. COLBURN, husband And wife, whose
mailing address is 3015 47TH Street 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.
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16B J
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: M F !� 20 Z3
ATTEST:
CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit Court & Comptroller COLLIER COUNTY, FLORIDA
BY: I VI AAK G..„kap BY:
RICK LoCASTRO Chairman
Attest as to Chairman's
t.. signature only
16B 1
AS TO OWNER:
DATED: J S ).,.
iftlitlikak N71.-
Witness (Signature) KELLY GLEN COLBURN
Mill'..-r it_ OA (IV
Name (Print or y e)
.././
Witness (Signature) L SA J. LB N
£4MuC c. PeicE,7_,
Name (Print or Type)
Appro d as to form and legality:
DAL OP.",v..——......_
DEREK D. PERRY, ESQ.
Assistant County Attorney
•
Last Revised 11/14/22
16B 1
ATE-ROW 171 TCE LEGAL DESCRIPTION & SKETCH
3/22/22 TEMPORARY CONSTRUCTION EASEMENT
3015 47TH STREET S.W. (FOLIO NO. 35991920002)
NAPLES, FLORIDA
EXHIBIT A
Page 1 of 2
DESCRIPTION:
THAT PORTION OF LOT 14, BLOCK 92, GOLDEN GATE UNIT 3, AS RECORDED IN PLAT
BOOK 5, PAGES 97-105 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LYING IN SECTION 27, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 14; THENCE WEST, ALONG THE
NORTH LINE OF SAID LOT 14, FOR 6.00 FEET; THENCE SOUTH FOR 6.00 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUE SOUTH FOR 14.00 FEET; THENCE WEST FOR
38.00 FEET; THENCE NORTH FOR 6.00 FEET; THENCE WEST FOR 43.00 FEET; THENCE
SOUTH FOR 6.00 FEET; THENCE WEST FOR 32.00 FEET; THENCE NORTH FOR 14.00
FEET; THENCE EAST FOR 113.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS CONTAINING 1,324 SQUARE FEET, MORE OR LESS.
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, Digitally signed
��•..:.r..,tis
a.t.' 6`" '.Fy by Darren
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Townsend
STATE OF •
Date:
▪ NOTES: ass'o• FLORIDA ..•�.� 2022.03.16
oat• .....•of
1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS Survey 1 S:O7:42 -04'00'
THEREOF.
N 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 3, DARREN TOWNSEND
PROFESSIONAL SURVEYOR AND MAPPER
PLAT BOOK 5, PAGES 97-105. FLORIDA CERTIFICATE. NO. 6476
i NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND
f, 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-10356 - SMOF-1515
--7—±—_ 2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 35991920002)
FORT MYERS, FLORIDA 33901
_ i' www.alrnengr.com DRAWN: CHECKED: CLIENT:
PHONE (239) 332-4569 JS 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 27 49 S 26 E COLLIER SHEET 1 OF 2 ,
7.1
16B 1
171 TCE LEGAL DESCRIPTION & SKETCH N
TEMPORARY CONSTRUCTION EASEMENT 3015 47TH STREET S.W. (FOLIO NO. 35991920002) (el)
NAPLES, FLORIDA
EXHIBIT A 06,6...10 20
Page 2 of 2 INTENDED DISPLAY SCALE: 1" = 20'
a LOT 13, BLOCK 92
w P.B. 5, PGS. 97-105 g
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POC:
NE CORNER LOT 14, BLOCK 92 j
GOLDEN GATE UNIT 3
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Q 6' D&PUE (P) EAST 125.00' \\;
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6' D&PUE (P) SOUTH 6.00' -�I6.00' Icc
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= EAST 113.00' 000
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Oa Io WEST 43.00' IH - O
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WEST 32.00' LO O Oz o WEST 38.00' a
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Qs LOT 14, BLOCK 92
o P.B. 5, PGS. 97-105 TEMPORARY 1 21
CONSTRUCTION
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FOLIO NO. 35991920002 EASEMENT
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LEGEND:
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" D&PUE = DRAINAGE & PUBLIC UTILITIES EASEMENT
LI
E INST. = INSTRUMENT
LI LB = LICENSED BUSINESS
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w NO. OR # = NUMBER
IZi (P) = AS SHOWN IN P.B. 5, PGS. 97-105
P.B. = PLAT BOOK
0
r PGS. = PAGES
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
I2 R/W = RIGHT OF WAY
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NOTES:
9 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS
THEREOF.
. 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 3,
C PLAT BOOK 5, PAGES 97-105.
"
NOT VALID WITHOUT THE ATTACHED DESCRIPTION. THIS IS NOT A SURVEY.
AIM Engineering& Surveying, Inc. SMIL-10356 - SMOF-1515
2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 35991920002)
1 =_= FORT MYERS, FLORIDA 33901
s _ 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 27 49 S 26 E COLLIER SHEET 2 OF 2/
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