Parcel 182TCE Project: 51029 Golden Gate City Stormwater
Parcel: 182TCE
Folio: 66030001026
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered into on this !61 Th( day of
E 6gU9e1 , 20 2.3, by and between PARK EAST PLAZA OFFICE
CONDOMINIUM ASSOCIATION, INC., a Florida not for profit corporation, whose mailing
address is 5240 Golden Gate Parkway, #600, 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.
CAO
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: FE6 I(' ) Zo23
ATTEST:
CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS
Circuit Court & Comptroller COLLIER COUNTY, FLORIDA
BY: BY:
y Clerk RICK LoCASTRO, Chairman
Attest assto Cot ,an ..
slgnatUre n�Yb raw
AS TO OWNER:
DATEDj,L. /0, 91-3 PARK EAST PLAZA OFFICE
CONDOMINIUM ASSOCIATION, INC.,
a Florida not for profit corporation
/Z/ ISRAECIGLESIAS, President
Name (Print or Type)
o,‘,,p,/ Z. Gelo6ofo
Witness (Signature)
rv. r4
Name (Print or Type)
,C32 ,- 1(?- Q Lik 1-1°M
• • oved a to rm and legality:
1 ,i I
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DEREK D. PERRY, E`/0.
Assistant County Attorney
Last Revised 11/14/22
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tTE-ROW 182TCE LEGAL DESCRIPTION & SKETCH
3/22/22 Exhibit A TEMPORARY CONSTRUCTION EASEMENT
PARK EAST PLAZA CONDOMINIUM
Page 1 of 2 NAPLES, FLORIDA
DESCRIPTION:
THAT PORTION OF LOT 4, BLOCK 262, GOLDEN GATE UNIT 7, AS RECORDED IN PLAT
BOOK 5, PAGES 135-146 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LYING IN SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHERNMOST CORNER OF SAID LOT 4; THENCE N 51°05'21'I E,
ALONG THE SOUTHEAST LINE OF SAID LOT 4, FOR 6.00 FEET; THENCE N 38°54'39" W
FOR 6.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N 38°54'39" W FOR
14.00 FEET; THENCE N 51°05'21'I E FOR 113.00 FEET; THENCE S 38°54'39" E FOR
14.00 FEET; THENCE S 51°05'21" W FOR 113.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS CONTAINING 1,582 SQUARE FEET, MORE OR LESS.
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K, s Digitally signed
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�A:�' 4,"6 ' .dye by Darren
~ : : Townsend
•
Date:
D.••• ;STATE OF Qa
0,.f•• FLORIDA -,fp 2022.03.16
• NOTES: 4
O4 e1°`�4;1;1 15:20:23 -04'00'
• 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS
• THEREOF. DARREN TOWNSEND
N 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 7, PROFESSIONAL SURVEYOR AND MAPPER
PLAT BOOK 5, PAGES 135-146. 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-12751 - SMOF-1842
sib 1- 2161 FOWLER STREET, SUITE 100
FORT MYERS, FLORIDA 33901 TEMPORARY CONSTRUCTION EASEMENT (PARK EAST PLAZA CONDOMINIUM)
reW _ = www.aimengr.com DRAWN: CHECKED: CLIENT:
PHONE (239) 332-4569 IS 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 28 49 S 26 E COLLIER SHEET 1 OF 2
182TCE LEGAL DESCRIPTION & SKETCH
TEMPORARY CONSTRUCTION EASEMENT r1"
Exhibit A t.-R�"
PARK EAST PLAZA CONDOMINIUM
Page 2 of 2 NAPLES, FLORIDA On 1
0 10 20
INTENDED DISPLAY SCALE: 1" = 20'
PARK EAST PLAZA T
CONDOMINIUM
IE
( LOT 4, BLOCK 262 ( w
a ( N38°54'39"VI/ P.B. 5, PGS. 135-146
: 14.00' 0`6
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CONSTRUCTION ..-' -
POB Ln
551°05'21"w 113.00' EASEMENT
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f- a 6.00'I� N38°54'39"W 6.00' 6' D&PUE (P)
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11.1 \ N51°05'21"E 125.00' 6' D&PUE (P) Z
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'N — I GOLDEN GATE UNIT 7 LOT 5, BLOCK 262 I r. QZ
-- P.B. 5, PGS. 135-146 w
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LEGEND:
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a D&PUE = DRAINAGE & PUBLIC UTILITIES EASEMENT
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O LB = LICENSED BUSINESS
7 NO. OR # = NUMBER
(P) = AS SHOWN IN P.B. 5, PGS. 135-146
P.B. = PLAT BOOK
3 PGS. = PAGES
O POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
-.; R/W = RIGHT OF WAY
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NOTES:
1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS
THEREOF.
7 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 7,
> PLAT BOOK 5, PAGES 135-146.
NOT VALID WITHOUT THE ATTACHED DESCRIPTION. THIS IS NOT A SURVEY.
AIM Engineering& Surveying,Inc. SMIL-12751 - SMOF-1842
2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (PARK EAST PLAZA CONDOMINIUM)
I FORT MYERS, FLORIDA 33901
www.aimengr.com DRAWN: CHECKED: CLIENT:
i_rIM 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 28 49 S 26 E COLLIER SHEET 2 OF 2 J