Parcel #102TCE (Folio #66679301006) PROJECT: 60199 VANDERBILT BEACH RD
(US-41 to Goodlette)
PARCEL: 102TCE
FOLIO NO: 66679301006
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
•
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to
as the "Agreement") is made and entered into on this „ Kati day of 5 ercrvidc2 , 2023, by
PELICAN MARSH GOLF CLUB, INC., a Florida not for profit corporation, whose mailing address
is 1810 Persimmon Drive, Naples, FL 34109 (hereinafter referred to as "Grantor"") 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, FL
34112 (hereinafter referred to as "County").
WHEREAS, County requires a Temporary Construction Easement (hereinafter referred to
as "Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter
referred to as the Property), which is attached hereto and made a part of this Agreement, for the
purpose of constructing roadway, sidewalk, drainage and utility facilities within the public right of
way immediately adjacent thereto; subject to the restrictions contained herein; and
WHEREAS, Grantor desires to convey the Easement to the County for the stated purposes,
on the terms and conditions set forth herein; and
WHEREAS, the County has agreed to compensate the Grantor for conveyance of the
Easement the estimated cost of restoring Grantor's landscaping and other improvements within
the Easement area to their pre-existing condition upon completion of construction of roadway,
sidewalk, drainage and utility facilities in the right way of adjacent to the Easement.
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. COMPENSATION — Grantor shall convey the Easement to the County for the sum of
$53,958, being the estimated cost of restoring Grantor's landscaping, wall, irrigation, and
other improvements that will be impacted as a result of the grant of the Easement and
construction of roadway, sidewalk, drainage and utility facilities in the right of way adjacent
to the Easement. Said payment to Grantor, payable by County Warrant at Closing, shall be
full compensation for the Easement conveyed, including all landscaping, trees, shrubs,
improvements, and fixtures located thereon, and shall be in full and final settlement of any
damages resulting to Grantor's remaining lands, costs to cure, including, but not limited to,
if applicable, the cost to relocate the existing irrigation system and other improvements, and
the cost to cut and cap irrigation lines extending into the Property, and to remove all sprinkler
valves and related electrical wiring, and all other damages in connection with conveyance
of said Easement to County, including all attorneys' fees, expert witness fees and costs as
provided for in Chapter 73, Florida Statutes. Notwithstanding the foregoing, County shall
replace the existing gravity wall and fence, as more fully depicted in Exhibit "B" attached
hereto and made a part of this agreement; however, the County shall not be obligated to
paint the wall.
3. RIGHT OF ENTRY FOR INSTALLATION OF TEMPORARY FENCING — Grantor hereby
grants to County a temporary license and right to enter upon Grantor's property for the
installation of a six-foot high temporary chain link fence with privacy screen in the location
as depicted on Exhibit "B". This temporary fencing shall be removed by County on
completion of the Vanderbilt Beach Road (US-41 to East of Goodlette Road) Project No.
60199 (hereinafter referred to as "the Project").
4. CLOSING DOCUMENTS AND CLEAR TITLE - Prior to Closing and as soon after the
execution of this Agreement as is possible, Grantor shall provide County with the following
documents and instruments properly executed, witnessed, and notarized where required, in
a form acceptable to County (hereinafter referred to as "Closing Documents"):
(a) Temporary Construction Easement;
(b) Right of Entry;
(c) Affidavit of Title;
(d) W-9 Form; and
(e) Such evidence of authority and capacity of Grantor and its representatives to
execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by County, County's
counsel and/or title company.
5. TIME IS OF THE ESSENCE - Both Grantor and County agree that time is of the
essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of
this Agreement or within thirty (30) days of Grantor's receipt of all Closing Documents,
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. At Closing, payment shall be made
to Grantor in that amount referred to in paragraph 2 above.
6. MISCELLANEOUS REQUIREMENTS — Grantor and County agree to do all things which
may be required to give effect to this Agreement immediately as such requirement is made
known to them or they are requested to do so, whichever is the earlier.
7. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of
County's official Notice to Proceed to its roadway contractor for the construction of the
Project and shall automatically terminate three (3) years therefrom.
8. 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.
9. ENTIRE AGREEMENT- Conveyance of the Easement by the Grantor is contingent upon no
other provisions, conditions, or premises other than those so stated herein; 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 Grantor and County.
10. 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.
11. 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 COUNTY:
DATED: /� //d-j
ATTEST:
CRYSTAL K. K1N; 4,,Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit Court & Compir611er COLLIER COUNTY, FLORIDA
BY: • - BY: -
DeputyAl*rk RICK LoCASTRO, Chairman
Attest as to Chairm is
signEt'.1rd' cflly
AS TO GRANTOR: PELICAN MARSH GOLF CLUB, INC.,
a Florida not for profit corporation
DATED 2 3 /
BY: CIA
Witness ( ignature) ALEX R. MARASCO, President
ROY) !2&I(Is
Name (Print or Type)
WI nes (Signature)
it I D V!'na3
Name (Print or Type)
Ap rov d as t form : A2
DEREK D. PERRY, ESQ.
Assistant County Attorney c ,\
`\ GRAND ISLE AT PELICAN MARSH 102TC E EXHIBIT A
\ (PB24.PG67)
s°9pF`\\ PG. 1 OF 2
s; cF P`
TE-ROW \°°°i ss.
10/27/22 4,
P.O.C. 0-0.
SE CORNER OF TRACT D.E. R-5, sr' v- "GC-4"
GRAND ISLE AT PELICAN MARSH, 's�F
PLAT BOOK 24, PAGE 66 e
PUBLIC RECORDS OF S39'55'07"W PELICAN MARSH GOLF COURSE PHASE ONE
COLLIER COUNTY, FLORIDA S 16.50' (PB 24.PG 40)
o
(BASIS OF BEARINGS) s`�F
SW'LY LINE OF TRACT GC-4/ 'I -P, "GC-4"
NE'LY RIGHT-OF-WAY a �� PARCEL No. 66679301006
C0 "o ,9�6, PELICAN MARSH GOLF CLUB INC
s sue-.s (ORB 2622, PG 93)
si- DESCRIBED PARCEL OF
r\=ss�s R'F LAND CONTAINS
's• N87°48'31"E 8,867 SQ.FT./0.204AC.,±
99.97'
N N00°55'26"E S00°00'00"E
NN19.00' f 50.00'
S67°43'57"E
E P.O.B. ��-48.00'
N P o Qp 77
f `1�jj Otis°°s�sso, Soo°00'00''E
N ,���l ,Cs •s0006),,/
N 0 25 50 100 ‘���� •00 [� 'GC-4"
(INTENDED DISPLAY SCALE: 1I=100') \�q� /y
1, 'l":34
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3. R/DGk. q�/WSJ �04
60 GF
vl /0•A°A'°
0
40' DE
04, . (PER PLAT)
NOTES:
5' 1. THIS IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO I al
BE USED AS ONE.
2. COORDINATES AND HORIZONTAL DATA SHOWN HEREON ARE IN
„-, FEET AND ARE PROJECTED ONTO THE FLORIDA STATE PLANE I
i COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM
OF 1983 (NAD83), 2011 ADJUSTMENT. THIS IS NOT A SURVEY
3. BEARINGS SHOWN HEREON ARE BASED ON STATEPLANE AND
THE SOUTHWESTERLY LINE OF TRACT GC-4, PELICAN MARSH I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE
GOLF COURSE PHASE ONE, WHEREIN SAID SOUTHWESTERLY AND BELIEF, THAT THE LEGAL DESCRIPTION AND
LINE BEARS S.50'04'53"E. ATTACHED SKETCH WERE PREPARED IN ACCORDANCE
o 4. PARCEL CONTAINS 8,867 SQUARE FEET OR 0.204 ACRES, WITH THE APPLICABLE PROVISIONS OF CHAPTER
o MORE OR LESS. 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT
& 5. P.O.C. = POINT OF COMMENCEMENT TO CHAPTER 472, FLORIDA STATUTES.
6. P.O.B. = POINT OF BEGINNING Digitally signed
7. ORB = OFFICIAL RECORDS BOOK `j U P. by
- 8. PB = PLAT BOOK y Adams 9 y Guy P.Adams P.S.M.
9. PG = PAGE n �-l�/�P./�[��('( - L�.�f}�
10. R = RADIUS P"�PROPGSSR�AIAY /RVE.0R r vif(PPE`)�'-bf Florida
• 11. A = DELTA ££
0 12. CB = CHORD BEARING FLORIDA FICATF NO.Dale:2022.10.27
8 13. C = CHORD Stag tIor�da
'/' 14. L = ARC LENGTH --1-0-3-1:04 04'00, -
g15. DE = DRAINAGE EASEMENT
LI 16. -R/W- = RIGHT-OF-WAY NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
0 17. SQ. FT. / AC. = SQUARE FEET / ACRES RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
018. NOT VALID WITHOUT SHEETS 1 THROUGH 2 OF 2. AND MAPPER.
- SKETCH AND DESCRIPTION
cp
JOHNSON ENGINEERING. INC. TEMPORARY CONSTRUCTION EASEMENT
a MEER 2350 STANFORDCOURT
NAPLES, FLORIDALRID 34112 SECTION 34,TOWNSHIP 48 SOUTH,RANGE 25 EAST
i PHONE: (239) 434-0333 COLLIER COUNTY,FLORIDA
iFM:
ENGINEERING 334-3661 DATE PROJECT NO. FILE NO. SCALE SHEET
E.B. #642 & L.B. #642 10/26/22 20203095-000 34-48-25 1"=100' 1 OF 2
i
0
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0
102TCE EXHIBIT A
DESCRIPTION PG. 2 OF 2
A PARCEL OF LAND LYING IN
A PORTION OF TRACT GC-4,
PELICAN MARSH GOLF COURSE PHASE ONE
SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
COMMENCING AT THE INTERSECTION OF THE SOUTHEAST CORNER OF TRACT "D.E. R-5",
PLAT OF GRAND ISLE AT PELICAN MARSH, AS RECORDED IN PLAT BOOK 24, PAGE 67, OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND THE NORTHEASTERLY
RIGHT—OF—WAY OF VANDERBILT BEACH ROAD (RIGHT—OF—WAY WIDTH VARIES), THENCE
ALONG SAID NORTHEASTERLY RIGHT—OF—WAY, ALSO BEING THE SOUTHWESTERLY LINE OF
TRACT GC-4, PELICAN MARSH GOLF COURSE PHASE ONE, AS RECORDED IN PLAT BOOK
24, PAGE 40, OF THE AFOREMENTIONED PUBLIC RECORDS, FOR THE FOLLOWING FOUR (4)
COURSES:
1. S.50'04'53"E., A DISTANCE OF 411.31 FEET;
2. S.39'55'07"W., A DISTANCE OF 16.50 FEET;
3. S.50'04'53"E., A DISTANCE OF 178.49 FEET;
4. ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 11,936.50 FEET, (DELTA
00'53'37"), (CHORD 186.15 FEET), (CHORD BEARING S.50'31'41"E.), AN ARC DISTANCE
OF 186.15 FEET
TO THE POINT OF BEGINNING.
FROM SAID POINT OF BEGINNING, THENCE N.00'55'26"E. DEPARTING SAID RIGHT—OF—WAY, A
DISTANCE OF 19.00 FEET: THENCE N.87'48'31"E., A DISTANCE OF 99.97 FEET; THENCE
S.00'00'00"E., A DISTANCE OF 50.00 FEET; THENCE S.67'43'57"E., A DISTANCE OF 48.00
FEET; THENCE S.00'00'00"E., A DISTANCE OF 70.00 FEET TO A POINT ON A
NON—TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A
RADIUS OF 11,936.50 FEET, (DELTA 00'53'17"), (CHORD 185.00 FEET), (CHORD BEARING
N.51'25'08"W.), AN ARC DISTANCE OF 185.00 FEET TO THE POINT OF BEGINNING.
DESCRIBED PARCEL CONTAINS 0.204 ACRES, MORE OR LESS.
0
BEARINGS SHOWN HEREON ARE BASED ON STATEPLANE AND THE SOUTHWESTERLY LINE OF
`" TRACT GC-4, PELICAN MARSH GOLF COURSE PHASE ONE, WHEREIN SAID SOUTHWESTERLY
LINE BEARS S.50'04'53"E.
E *THIS IS NOT A SURVEY
*NOT VALID WITHOUT SHEETS 1 THOUGH 2 OF 2.
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SKETCH AND DESCRIPTION
JOH
NSON^ ` HNSON ENGINEERING, INC. TEMPORARY CONSTRUCTION EASEMENT
Ja �`) �� 2350
STA NFOROURT
NAPLD FLORIDAA 34112 SECTION 34,TOWNSHIP 48 SOUTH,RANGE 25 EAST
PHONE: (239) 434-0333 COLLIER COUNTY,FLORIDA
FAX: (239) 334-3661 DATE PROJECT NO. FILE NO. SCALE SHEET
ENGINEERING E.B. #642 & L.B. #642
10/26/22 20203095-000 34-48-25 N/A 2 OF 2
.rs y
LEGEND p Vanderbilt Beach Road Widening Project EXHIBITe1of 1B
---Eris[in Pie "Page 1 1
---Propose Headwall Box Culvert Exhibit
Proposed Pipe/Box Culvert
Proposed Headwall
Proposed Riprap
:Y a Existing Conditions
-� r r ' :.. ,�. Floating Turbidity,
TCE Limits Barrier •
�` ,, (Approx.0.20 acres) ' �`"
r1 •4. .4 i,ef- 8 Foot Manhole ■■ Cofferdamti;k, yr ` Skewed 72" Pipe r
...+ ..Ay -
444, •,.. 7 1, * '
S::: 4" '""---.
N.
,"' •
Remove and Re lace
w / Dual 9x5 Foot p / ,
Box Culverts Headwall(110 LF) '""
,/ Remove Existing �_
72 inch Pipe / t
J..... , ; 4 i Remove and Replace Fence Erosion Control T f
and Gravity Wall(150 LF) Riprap
' .o. ' ' Silt Fence
Elevated T-Box II
f to be Avoided
Staging Area Install Approx. 115 LF Chainlink Fence(6') Conceptual:JAN 13,2023
�, 335 sq yd Sod With Green Privacy Screen
CoI['ier County � r. Jacobs
.