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Parcel 232TCE Project: 51029 Golden Gate City Stormwater Parcel: 232TCE Folio: 36306520009 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the"Agreement") is made and entered into on this day of Icrc,,ry , 20_, by and between JOSEPH ANGELO TRUPIANO and CONNIE TRUPIANO, husband and wife, whose mailing address is 10542 Winterview Drive, Naples, FL 34109-1522 (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. 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: CV 17e/2,25 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk RICK LoCASTRO, Chairman AtteSt as to Chaini an signat m ontv. AS TO OWNER: DATED: b\ 12112a-5 )0JULIA1 RAAAMOPTV Witness (Signature) J• ; H ANGELO TRUPIANO N\&JVban Name (Print or Type) Witn s ( ignature) CONNIE TRUPIANO 'V Sr r' ,�'(��r\ko-r.o Name (Print or Type) proved as to form and legality: op DE EK D. PERRY, ES . 41 �,'� Assistant County Attorney v/\ ` `N v Last Revised 11/14/22 CA EXHIBIT A Page 1 of 1 TE-ROW 232TCE L J • L - 1.NOTES: NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO 12/19/22 r , r 2. COORDINATES AND HORIZONTAL DATA SHOWN HEREON ARE LOT 9, BLOCK 190 IN FEET AND ARE PROJECTED ONTO THE FLORIDA STATE GOLDEN GATE UNIT 6 PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (NAD83), 2011 ADJUSTMENT. PLAT BOOK 5,PAGE 124 3. BEARINGS SHOWN HEREON ARE BASED ON FIXING THE E. PID: 36306520009 SOUTH LINE OF LOT 9, BLOCK 190, GOLDEN GATE UNIT 6, H WHEREIN SAID SOUTH LINE BEARS N89'12'52"E. 2348 55TH TER SW 4. PARCEL CONTAINS 565 SQUARE FEET, MORE OR LESS. 5. P.O.C. = POINT OF COMMENCEMENT 0 6. P.0.8. = POINT OF BEGINNING N01°19'S3"W S01°19'53"E 12'DE& PUE 7. ORB = OFFICIAL RECORDS BOOK 5.0' N89°12'52"E 113.0' 5.0' I [(PER PLAT) 9. P8. PG PLATE P.O.B. L 0DPUE EASEMENT s N01'19531Y 6.6389°12'52"W 11.PUE = PUBLIC UTILITY EASEMENT12 R P.O.C. N89'1252"E 6.0' 5' 11' /W = RIGHT-OF-WAY SOUTHWEST CORNER OF r 7 r- ————- 13. S0. Fr. = SQUARE FEET i LOT 9, BLOCK 190, 14. PID = PARCEL IDENTIFICATION NUMBER GOLDEN GATE UNlT 6 DESCRIBED PARCEL OF LAND 1 I CONTAINS 565 SO.FT.,± (PLAT BOOK 5, PAGE 124) i Digitally s 8 signed by s Mark A. Texter Date: 2022.12.16 E 6'DE& PUE 10:35:52 i 'IlL (PER PLAT) _1 L . -05'00' NOT A SURVEY ] , r I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE LEGAL DESCRIPTION AND 0 to 20 o ATTACHED SKETCH WERE PREPARED IN ACCORDANCE .1 (INTENDED DISPLAY SCALE: 1'=401 WITH THE APPLICABLE PROVISIONS OF CHAPTER 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT .. TO CHAPTER 472, FLORIDA STATUTES. Y DESCRIPTION i„ THAT PORTION OF OF LOT 9, BLOCK 190, GOLDEN GATE UNIT 6, PLAT BOOK 5, PAGE 124 IN THE PUBUC RECORDS ,. MARK A. TEXTER OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST. BEING MORE g, PARTICULARLY DESCRIBED AS FOLLOWS: (FOR THE FIRM L.B. 642) COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 9, THENCE RUN N8972'52"E ALONG THE SOUTH LINE PROFESSIONAL SURVEYOR AND MAPPER OF SAID LOT 9 FOR 6.0 FEET; THENCE RUN N0119'53-W FOR 6.0 FEET TO THE POINT OF BEGINNING. FLORIDA CERTIFICATE NO. 6392 FROM SAID POINT OF BEGINNING THENCE RUN NO1'19'5310/ FOR 5.0 FEET; THENCE RUN N89'12'52'E FOR 113.0 DATE SIGNED: ___ FEET; THENCE RUN S0119'53"E FOR 5.0 FEET; THENCE RUN S8912'52"W FOR 113.0 FEET TO THE POINT OF $ BEGINNING. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR PARCEL OF LAND CONTAINS 565 SOUARE FEET, MORE OR LESS. AND MAPPER. / JOHNSON ENGINEERING, INC. SKETCH AND DESCRIPTION-PARCEL OF LAND LYING IN GOLDEN GATE CITY-ALIGNMENT F2122 JOHNSON STREET LOT 9,BLOCK 190,GOLDEN GATE UNIT 6 TEMPORARY CONSTRUCTION EASEMENT , FORT AVER. FLORIDABBOX 1553902-t650 SECTION 21,TOWNSHIP 49 SOUTH,RANGE 26 EAST FOR STORMWATER IMPROVEMENTS PHONE: (239) 334-0046 COLLIER COUNTY,FLORIDA COLLIER COUNTY,FLORIDA ENGINEERING FAX:#(239) 334-i 612 DATE PROJECT NO. FILE NO. SCALE SHEET E.B. 642 & LB. 64 12/12/2022 20203244-000 21-49-26 1:40 1 OF 1