Parcel 168TCE Project: 51029 Golden Gate City Stormwater
Parcel: 168TCE
Folio: 35769760009
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred
to as the"Agreement") is made and entered into on this_ day of '�.A-�.j�; , 20,2E1),p227
by and between NORMA LEES DAVIS, a single woman, whose mailing addres is 1725 45th
Terrace 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, c/o 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
CPO
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: t /a/207
ATTEST: �,.
CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit Court & Comptroller COLLIER COUNTY, FLORIDA
BY: ) BY
Deputy,C r RICK LoCASTRO, Chairman
Attest as to Chairman's
signature only
`lO
AS TO OWNER:
DATED: .we'
4)—c
Witness (Signature) NORMA LEES DAVIS
ram\ 1)a 4,C.SeL
Name (Print or Type)
9\
Witness (Signature)
Name (Print or Type)
p oved as to form and legality:
DEREK D. PERRY ESQ'
O v
Assistant County Attorney `v
Last Revised 11/14/22
C��
r rE-ROW 168TCE LEGAL DESCRIPTION & SKETCH
3/22/22 TEMPORARY CONSTRUCTION EASEMENT
1725 45th TERRACE S.W. (FOLIO NO. 35769760009)
NAPLES, FLORIDA
EXHIBIT A
Page 1 of 2
DESCRIPTION:
THAT PORTION OF LOT 8, BLOCK 53, GOLDEN GATE UNIT 2, AS RECORDED IN PLAT
BOOK 5, PAGES 65-77 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING
IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 8; THENCE WEST, ALONG THE
SOUTH LINE OF SAID LOT 8, FOR 6.00 FEET; THENCE NORTH FOR 6.00 FEET TO THE
POINT OF BEGINNING; THENCE WEST FOR 113.00 FEET; THENCE NORTH FOR 4.00
FEET; THENCE EAST FOR 28.00 FEET; THENCE NORTH FOR 1.00 FEET; THENCE EAST
FOR 67.00 FEET; THENCE NORTH FOR 7.00 FEET; THENCE EAST FOR 18.00 FEET;
THENCE SOUTH FOR 12.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS CONTAINING 663 SQUARE FEET, MORE OR LESS.
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Digitally signed
a �:� ,"e" ::46 by Darren
Townsend
Date:
� �.•�• STATE OF Q
FLORIDA .10 2022.03.16
• NOTES: ,6'4415;°`y
Survey 15:04:09-04'00'
N 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS
• THEREOF. DARREN TOWNSEND
• 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 2, PROFESSIONAL SURVEYOR AND MAPPER
PLAT BOOK 5, PAGES 65-77. FLORIDA CERTIFICATE. NO. 6476
NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND
• 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-9435 - SMOF-1999
SKel2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 35769760009)
FORT MYERS, FLORIDA 33901
www.aimengr.com DRAWN: CHECKED: CLIENT:
PHONE (239) 332-4569 1S 3-9-22 DT 3-10-22 COLLIER COUNTY
TOLL FREE (800)226-4569 PROJECT
NO.: 22N
SECTION: TOWNSHIP: N E CO RANGE:
SHEET 1 OF 2TY:A I M LICENSED BUSINESS No. 3114 C
1. •
168TCE LEGAL DESCRIPTION & SKETCH 1
N
TEMPORARY CONSTRUCTION EASEMENT r A 1
1725 45th TERRACE S.W. (FOLIO NO. 35769760009)
NAPLES, FLORIDA EtI
EXHIBIT A 0 10 20
Page 2of2
INTENDED DISPLAY SCALE: 1" = 20'
-..{—
FOLIO NO. 35769760009 `T'
LOT 8, BLOCK 53
P.B. 5, PGS. 65-77
a a
NORTH TEMPORARY I Duj
a l.00' CONSTRUCTION
NORTH EASEMENT ilip4.00' = ,EAST 18.00' I C
j EAST \I
= o
28.00' LE EAST 67.00' zo '� D o
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POB ° vi
WEST 113.00' ��� W d
6' D&PUE (P) Q
G, NORTH 6.00'-►16.00'
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CZ 6' D&PUE (P) WEST 125.00'
W
Q � T ~ :
I POC: _
SE CORNER LOT 8, BLOCK 53 I LC)
GOLDEN GATE UNIT 2
D LOT 7, BLOCK 53 w
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z I P.B. 5, PGS. 65-77 a
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lj LEGEND:
E
D&PUE = DRAINAGE & PUBLIC UTILITIES EASEMENT
w LB = LICENSED BUSINESS
N NO. OR # = NUMBER
(P) = AS SHOWN IN P.B. 5, PGS. 65-77
o P.B. = PLAT BOOK
G PGS. = PAGES
'' POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
w R/W = RIGHT OF WAY
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NOTES:
H
N
1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS
THEREOF.
ti
2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 2,
v
PLAT BOOK 5, PAGES 65-77.
LI
6
NOT VALID WITHOUT THE ATTACHED DESCRIPTION. THIS IS NOT A SURVEY.
AIM Engineering& Surveying,Inc. SMIL-9435 - SMOF-1999
2161 FOWLER STREET, SUITE 100
FORT MYERS, FLORIDA 33901 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 35769760009)
www.aimengr.com DRAWN: CHECKED: CLIENT:
PHONE(239) 332-4569 1S 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 22 49 5 26 E COLLIER SHEET 2 OF 2
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