Parcel 228TCE THIS CONVEYANCE ACCEPTED BY: THE
BOARD OF COUNTY COMMISSIONERS,
Project: 51029 Golden Gate City Stormwater COLLIER COUNTY, FLORIDA
Parcel: 228TCE PURSUANT TO THE PROVISIONS
Folio: 36381160002 OF RESOLUTION N0. 2010-39
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
refesTed to as the "Agreement") is made and entered into on this .LY'6' day of
J ail v , 20j, by and between JOSPEH W. TANIS, an unmarried person,
whose m iling address is 5501 25th Place Southwest, 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.
cop,
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: Ilan \Ili 1023
ATTEST:
CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS
Circuit Court & Comptroller COLLIER COUNTY, FLORIDA
BY: .. BY:
`2. Deputy I- k RICK LoCASTRO, Chairman
Attest as to Minnan*.
signature only.
AS TO OWNER:
DATED: 0 / 0 0023
it ss (Signature) JOSEPH W. TANIS
c,5 c �-.-�r
Na (Firint or Typ
W tness (Si nature)
A-A-R- J ksdc_
Name (Print or Type)
A r ved as to orm a legality:
DEREK D. PERRY, ESQ. N
Assistant County Attorney \\ 11\1i
\\d
Last Revised 11/14/22
CA()
--I \\ftms01\Drawings\2020\20203244-000\Surveying\Sketches\Temp Construction Easements - C.dwg (M) MNT Dec 12, 2022 - 3:18pm
m
O 0D�> mmxD x L L IL — - -
OO73Z r ZSoZCm
0
N� O zr I mm - m • z.-
� z / °j CO00 m LOT 16, BLOCK 216 - - Xc7 D m z o , a n 0
c 00 m w n 0 m ? -I N oo om GOLDEN GATE UNIT 6 . N 0
Z o zo71 o=c-'z o PLAT BOOK 9, PAGE 4 R N
T z a' m -Ti N o+ r Pa 36381160002
0ozz N CnZgCN6o o CD co
5501 25THPL SW N
7C7 m m �' •z r+7 v rn G)r—C Z
D m > m03 men2NOD `' rCZ]-- 01 °-° CO
M Z N .. r m 0 rri -4 ti Ui
m � �Zmo * Z � CT'
� ~( m mvizMI" `Oz m � A z o NOO°14'24"W 113.1
Oa
m
rn —� rrn �ZOU1oo zrn „� 2�� p oD m
0
...4-0 moo \'vo
mNcn mo .o,�� n I •
•
CI
C 0. o o z C I 113.1 tll
\ SoO014T24TE
m
i..� zw n0 o-Din0 o
M )..Z r- m�Z � mimed ory te 00
Z.4 rn 0Z •i• v ^�1 0 Ornm corn OzH A cc; ni z (nmN ZAO = Z�0 � * i) � DZl
rnCi) N � mz xp'z °' a � � czi� m
oo �m �� 1Qt ^1 -' o
70 H `� Zm0c 0m In 13
/ I NA
=z cn0 ONii am
-'L m mZ oZ 1 r
O
+� 0m0 - =50 .ti 1 71T
'� 0 1 N 1+ \
_ r*t D C) 1 0
----' ----- :
- o - Zm m� Cl) 1
mzzo NZ .?11 1 i i- '\
�.^, z„"8 mozz co /
TT�� Z I�* oZc� ryr�rr�I - .-
NmcNdrm=Z -I • x Nm / \ / / / i \
w - o z 4 fr*r1� C lr \
w (.T(5 rmrc S D W CO i
mom" NNA m V) ----
I \
W II CAO-Io m -I zA
prngo m- 0 m r 0m
0, 0W 0 AN
0
CD
P(.rrN- 0 a... . . W N 7�
N O' ZEm II m�ommm>CzTioomEj
o cn II q II II II v II II mnPm OZC mrmm, QmN..
N x >zz 0 m-o I Hcn*Dg z II t Z cn
N cm'� n ocD-n� > ooz, 0 j=Dorn y All C c2SGD')m�-o0wbUO ozm-4>o
Nz Or_ x ;pGG N 0M-ri xv 2com M0-I 0 m022Ha�=cpv0cmj1V1-I
N o Noon 0rrflrIo Z D cn�,D 13Uirmm0—<ric0 a bpoon'x . ,31 6D0Cm r-Z- o zmrr1rn 0`ZW DAZZD
z n°'°' 0 r�*ID m mzr� m DU7mc7 p �` � � % ir ro a O.Z1 T7� AppV1 D- 2^�mvfrl0
I O 0 -I 03 m ?lr* 0 xi x -mix m m, N N D 0.� z I r_N mTT'��---I mxz m"I C
0 r-T z m 0 OmO I �rnii �XI��D- LTJ ° -±ImD-s�r7K °momomm-073,mom D T
N 0 xcnT• -U DC I ym� N>ro r'C D� Dz o- N.'m�Z:''�nND m V
00 0 = N = --i m<O mDW*x� 0 m zmri)CO" NK2z
0 0ca- ? Ox I ZEDxl 00 Am0 z �p�nCD�AotrnrIOD C m
`I --1i00 -0 :Um Oz) ozxmrr,,x m z z x0 cAcn0m- Nor < 1 1
N 0rD ON D0� m z C -1 mm OW -iz0 oft
TCDA D� O)Dm NGxO v Z NrD
D --ID •� X
N r- . z I_D C00 CA 0 T-I -I 5r-M CO o- m imp�mO ON�D z
o � DiOT ZC ND; c<N�m4 o A �wZo-y1mm= Z
D z rr1 r- cnm yr I;m ono vl Kcr y2m m0 _ CT
NZO Oz �� NDOZ.A-D� p 4 �71 mrrj m?10rOZ N O r-f-
m r- c0 OFl=DO C Cx• • ��_
D z �O lili
� �0 � �zzi z0 m m 9'= m�zz
O .TI � III- N m m f0T1
D C z m W c>m D
r -DZI m mm'I $ "' z mO