Parcel 88888-179TCE Project: 50238 17th/23rd/Keane
Parcel: 88888-179TCE
Folio: 45971840008
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
ref rred to as the "Agreement") is made and entered into on this 84 day of
, 2023, by and between TOPIARY CREATIONS OF S.W. FLORIDA,
L.L. ., a Florida limited liability company, whose mailing address is do Sixto San Juan
Ventura, 2430 17th Street SW, Naples, FL 34117 (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 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 17th St SW & 23rd St SW @ Keane Ave Culvert Replacement
Project 50238 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: rif l 7)-j
ATTEST:
CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit Court & Comptroller COLLIER COUNTY, FLORIDA
BY: nifi'CL v_._
BY:
, Deputy Clerk RICK LoCASTRO, Chairman
Attest as to Chairman s
{i... signature only
AS TO OWNER: TOPIARY CREATIONS OF S.W. FLORIDA,
L.L.C., a Florida limited liability company
DATED: ,..,_-
MILA0,-*
c_)L_iA> a BY: ( ,k1�
Witness (Signs e) SIXTO SAN JUAN VENTURA, Manager
c)o,v•\‘‘.e, W• . crsve S
Name (Print or Type)
Witness i a ure)
'----41,0-3 I-tlor-t.615
Name (Print or Type)
App o ed as to form and legality:
.(//.06
--7
DEREK D. PERRY, ESQ.
Assistant County Attorney
r .
If)
H:\2021\2021121\SKETCHES\21I21 SL 7R136 Pl.deg 5/30/2023 9:49:37 All Plotted 6y.Josephlvm
N 0 15 30 TE-ROW 179TCE EXHIBIT A
6/15/23 Page 1 of 1
1"=30'
I TRACT 136
GOLDEN GATE ESTATES
I I UNIT NO. 195
30.0' P.B. 7, PG. 102
-0— ROAD —0
30.0' EASEMENT
4-- ROAD —•- PARCEL NO. 45971840008
EASEMENT TOPIARY CREATIONS OF SW FL, LLC
I WEST
I I 90.0' •
= EAST
60.0'
l
I v— NORTH —1--
- 10.0'
SOUTH
65.0' 55.0'
I I DRAINAGE EASEMENT
I I
=A\ E AVE. ---
(UNRECORDED)
LEGAL DESCRIPTION:
THE EAST 60.0 FEET OF THE WEST 90.0 FEET OF THE NORTH 10.0 FEET OF THE SOUTH 65.0 FEET OF TRACT 136,
GOLDEN GATE ESTATES, UNIT NO. 195, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE
102, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 600.56 SQUARE FEET, MORE OR LESS.
HOLE MONIES, INC.
CERTIFICATE OF AUTHORIZATION NUMBER LB 1772 d1p5'M!"MU ''%
��o•\`;�Se"kii.•goy
5628
Digitally signed by Tom Murphy o STATE OF q`
Jrl ,,; {_. ,i, , .. 4. Date:2023.05.31 : ms•\FLORIDA..
09:16:06-04'00' 'a s% a
BY LS5628 '''' Surveyor�°,```��
THOMAS M. MURPHY STATE OF FLORIDA a,,,,,,,,,,,,,,,
* NOT A SURVEY *
DRAWN BY: DATE: 950 Encore Way DRAWING NO.
BEN/JNH 5/5/2023 I Naples, FL. 34110 SKETCH AND LEGAL DESCRIPTION H2116
SHEET OF SHEET PROJECT NO.
1i.mii
Phone: (239) 254-2000 21.121
SEC-IWN-RGE: - Florida Certificate of KEANE AVE & 17TH FILE NAME
30-49-27 Authorization No.1772 21121 SI 1R136 RIJiwg