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Parcel 257TCE Project: 51029 Golden Gate City Stormwater Parcel: 257TCE Folio: 35981880000 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AG EEMENT hereinafter referred to as the"Agreement") is made and entered into on this ' day of leb►v , 202_3 by and between MARGARETTE JEAN CHARLES, a single person, whose mailin6 address is 4500 24th Place 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, 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: 47 ZOZ3 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA • BY: ' BY: 1 , Deputy Clerk RICK LoCASTRO, Chairman Attest as to Chairman's signature AS TO OWNER: DATED: ds9 — C I — 'a3 Witn Sig ur MARGARET N CHARLES Name (Print or Type) Witness (Sig ture) 4f zryl-e-- Name rin or Type) App oved as to form and legality: DEREK D. PERRY, ESQ. c)' ' Assistant County Attorney f116\\ 1.1\\ Last Revised 11/14/22 C4- EXHIBIT A Page 1 of 1 TE-ROW 257TCE NOTES: 12/19/22 1. THIS IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO P.O.C.- BE USED AS ONE. NORTHWEST CORNER OF 24TH PLACE SW 2. COORDINATES AND HORIZONTAL DATA SHOWN HEREON ARE LOT 11, BLOCK 82, IN FEET AND ARE PROJECTED ONTO THE FLORIDA STATE GOLDEN GATE UNIT 3 -P.O.B. PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (NAD83), 2011 ADJUSTMENT. (PLAT BOOK 5, PAGE 105) 3. BEARINGS SHOWN HEREON ARE BASED ON FIXING THE WEST R\W-- LINE OF LOT 11, BLOCK 82, GOLDEN GATE UNIT 3, \W S00'29'13E 6.0"=�' ��N89��3�'47"E 11.0'- r- ——. WHEREIN SAID WEST LINE BEARS SOO'29"13"E. "———-1 r N89"30'47 E 6.0'� 4. PARCEL CONTAINS 1,243 SQUARE FEET, MORE OR LESS. 1 5. P.O.C. = POINT OF COMMENCEMENTo3 `V I 6. P.O.B. = POINT OF BEGINNING " 1 1 U o 7. ORB = OFFICIAL RECORDS BOOK c,"o A rn 8. PG = PAGE g I I DESCRIBED PARCEL OF LAND--1� CV I-'-O 3 -13 Rr 9. P - PLAT CONTAINS 1,243 SQ.FT.,± Q O co LD O 5. 10.DE = DRAINAGE EASEMENT 1 0 O C 11.PUE = PUBLIC UTILITY EASEMENT c ch U W d 12.R/W = RIGHT-OF-WAY O 00 13.SQ. FT. = SQUARE FEET I lL m <LOCO 14. PID = PARCEL IDENTIFICATION NUMBER I I 81 (. Y�v- 10 � ZO�`v 12 I I N m 1- Wm S 1 1N L] p0 $ b 0 -IO~4-"- ry N 0 1 I Z co L7.J -0 I I 17, a nor I 11' 3 1 I 12'DE& PUE ` Digitally signed by C 1 1 (PER PLAT) 1,1 -0- Mark A.Date:2022.i2r16 J _IL——— 5_- ——J L. ~-S89°30'47"W 119' ( NOT A SURVEY 13:10:31-05'00' .11 - I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE _———--I r r , r y AND BELIEF, THAT THE LEGAL DESCRIPTION AND 0 10 O 4i ATTACHED SKETCH WERE PREPARED IN ACCORDANCE (INTENDED DISPLAY SCALE: 1"=40') WITH THE APPLICABLE PROVISIONS OF CHAPTER 0 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472, FLORIDA STATUTES. 4 DESCRIPTION N THAT PORTION OF OF LOT 11, BLOCK 82, GOLDEN GATE UNIT 3, PLAT BOOK 5, PAGE 105 IN THE PUBLIC RECORDS R OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 27, TOWNSHIP 49 SOUTH, RANGE 26 EAST. BEING MORE o MARK DESCRIBED AS FOLLOWS: RK A. TEXTER (FOR THE FIRM L.B. 642) COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 11, THENCE RUN 500'29'13"E ALONG THE WEST LINE PROFESSIONAL SURVEYOR AND MAPPER OF SAID LOT 11 FOR 6.0 FEET; THENCE RUN 1489'30'47"E FOR 6.0 FEET TO THE POINT OF BEGINNING. FLORIDA CERTIFICATE NO. 6392 FROM SAID POINT OF BEGINNING THENCE RUN N89'30'47"E FOR 11.0 FEET; THENCE RUN S00'29'13"E FOR DATE SIGNED: __ ____�___—�— 113.0 FEET; THENCE RUN S89'30'47W FOR 11.0 FEET; THENCE RUN N00'29"13'W FOR 113.0 FEET TO THE POINT OF BEGINNING. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR f, PARCEL OF LAND CONTAINS 1,243 SQUARE FEET, MORE OR LESS. AND MAPPER. / GOLDEN GATE CITY-ALIGNMENT M JOHNSON ENGINEERING. INC. SKETCH AND DESCRIPTION-PARCEL OF LAND LYING IN 2122 JOHNSON STREET LOT 11,BLOCK 82,GOLDEN GATE UNIT 3 TEMPORARY CONSTRUCTION EASEMENT Air FORT MYERSP.O. FBOXORI 15A509oz-155D SECTION 27,TOWNSHIP 49 SOUTH,RANGE 26 EAST FOR STORMWATER IMPROVEMENTS PHONE: (239) 334-0046 COLLIER COUNTY,FLORIDA COLLIER COUNTY,FLORIDA ENGINEERING G I N E E R I N GFAX: 9k334-3sal E.B. #642 z DATE PROJECT N0. FILE NO 12/12/2022 20203244-000 27-49-26 SCALE:40 SHEET 1 OF 1