Parcel 213TCE 1681
Project: 51029 Golden Gate City Stormwater
Parcel: 213TCE
Folio: 36458040000
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred
to as the"Agreement") is made and entered into on this day of/-t 1 I , 2022,LC12-3
by and between ARYN NOEL BIEDERMAN, a single person, whose ailing address is 5500
29th Place 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.
CAC
168
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: a-2 J/ /212a z3
ATTEST:
CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit Court & Comptroller COLLIER COUNTY, FLORIDA
BY: • p,C • BY:
:•7 , Deputy C,leyk RICK LoCASTRO, Chairman
Attest; �tv C1 airman's
Simatt
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1681
AS TO OWNER:
DATED: N$1I tL( ( 202.3
Witness (Signature) NO IEDERMAN
1-IA6ot,
Name (P • t ypib)
Witness (Signature)
00 ( «\e, 11e
Name (Print or Type)
Appr ed as to form and legality:
DE K D. PERRY, ES .
Assistant County Attorne 4
Last Revised 11/14/22
16B1
EXHIBIT A
Page 1 of 1
TE-ROW 21 3TCE NOTES:
12/19/22 1 BE THIS
USIS NOT A ED AS ONE.BOUNDARY SURVEY, NOR IS IT INTENDED TO
P.O.C. 2. COORDINATES AND HORIZONTAL DATA SHOWN HEREON ARE
29TH PLACE S.W. NORTHEAST OF IN FEET AND ARE PROJECTED ONTO THE FLORIDA STATE
LOT 1, BLOCK CORNER PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN
LOT D1, OATS UNIT 7 DATUM OF 1983 (NAD83), 2011 ADJUSTMENT.
N87°55'43"E 14.0' P.O.B. 3. BEARINGS SHOWN HEREON ARE BASED ON FIXING THE EAST
i. (PLAT BOOK 5, PAGE 140) UNE OF LOT 1, BLOCK 268, GOLDEN GATE UNIT 7,
N00°06'27"W 23.0' WHEREIN SAID EAST LINE BEARS 500'06'35"E._
n \ r-may _h 6 p_— 4. PARCEL CONTAINS 322 SQUARE FEET, MORE OR LESS.
\ —— 5. P.O.C. = POINT OF COMMENCEMENT
N / DESCRIBE DPARCEL a 68755/31Y 6.0' 6. P.O.B. = POINT OF BEGINNING
7. ORB = OFFICIAL RECORDS BOOK
N / OF LAND CONTAINS 20' I 12'DE& PUE 8. PG = PAGE
322 S0.FT.,t 14 (PER PLAT) 20 9. P = PLAT
L-——— 10.DE = DRAINAGE EASEMENT
• cn 11.PUE = PUBLIC UTILITY EASEMENT
S00°06'35"E 12. R/W = RIGHT-OF-WAY
�• W 23.0' 13.SQ. FT. = SQUARE FEET
14. PID = PARCEL IDENTIFICATION NUMBER
.Ti <4 6'DE& PUE S87°55'43"W
1 g (PER PLAT) LOT 1,BLOCK 268 14.0' <`Digitally
E I� GOLDEN GATE UNIT 7 6'DE& PUE 1'signed by
I W PLAT BOOK 5,PAGE 140
• [-� (PER PLAT) .,,, Mark A.
PID: 36458040000 N ————_ 1,,.ice,. 1 Texter
• x — 5500 29TH PL SW A - -- i�' r ;;?3) Date:
F' ;'?::
►c'D — 2022.12.16
V ID
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•
09:38:36
2 I NOT A SURVEY -05'00'
2 1 I I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE
AND BELIEF, THAT THE LEGAL DESCRIPTION AND
.8' ATTACHED SKETCH WERE PREPARED IN ACCORDANCE
WITH THE APPLICABLE PROVISIONS OF CHAPTER
1` I 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT
(INTENDED DISPLAY SCALE: 1"=40') TO CHAPTER 472, FLORIDA STATUTES.
A DESCRIPTION
r THAT PORTION OF OF LOT 1, BLOCK 268, GOLDEN GATE UNIT 7, PLAT BOOK 5, PAGE 140 IN THE PUBUC RECORDS
a OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST. BEING MORE
-- MARK A. TEXTER (FOR THE FIRM L.B. 642)
PARTICULARLY DESCRIBED AS FOLLOWS: PROFESSIONAL SURVEYOR AND MAPPER
• COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1, THENCE RUN SOO'06'35"E ALONG THE EAST UNE OF FLORIDA CERTIFICATE NO. 6392
°, SAID LOT 1 FOR 6.0 FEET; THENCE RUN S8T55'43"W FOR 6.0 FEET TO THE POINT OF BEGINNING.
's FROM SAID POINT OF BEGINNING THENCE RUN SOO'06'35"E FOR 23.0 FEET; THENCE RUN S87'55'43"W FOR 14.0 I DATE SIGNED:
FEET; THENCE RUN NOO7OB'27"W FOR 23.0 FEET; THENCE RUN N8755'43"E FOR 14.0 FEET TO THE POINT OF
• BEGINNING. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
RAISED„SEAL OF A FLORIDA LICENSED SURVEYOR
• PARCEL OF LAND CONTAINS 322 SQUARE FEET, MORE OR LESS. AND MAPPER.
JOHNSON ENGINEERING. INC. SKETCH AND DESCRIPTION-PARCEL OF LAND LYING IN
GOLDEN GATE CITY-ALIGNMENT B J
O H S � 2122 JOHNSON STREET LOT 1,BLOCK 268,GOLDEN GATE UNIT 7
TEMPORARY CONSTRUCTION EASEMENT P.O. BOX1550 SECTION 28,TOWNSHIP 49 SOUTH,RANGE 26 EAST
FORT MYERS, FLORIDARA 33902-1550
FOR STORMWATER IMPROVEMENTS PHONE: (239) 334-0046 COLLIER COUNTY,FLORIDA
COLLIER COUNTY,FLORIDA ENGINEERING EFB.AX:
& LB. #642 DATE PROJECT NO. ALE NO. SCALE SHEET
12/12/2022 20203244-000 28-49-26 1:40 1 OF 1