Parcel 254TCE Project: 51029 Golden Gate City Stormwater
Parcel: 254TCE
Folio: 35982600001
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred
to as the"Agreement") is made and entered into on this 2 L. day of v ati L r,%w , 20 i ,
by and between SERGIO E. PALACIOS and SHARI J. PALACIOS, husband and wife, whose
mailing address is 4519 25TH Avenue, Naples, FL 34116-7809 (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.
EXHIBIT A
Page 1 of 1
TE ROW III NOTES;
12/19/22 254TCE J L J L_ 1. THIS IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO
——— —� L-L. BE USED AS ONE.
2. COORDINATES AND HORIZONTAL DATA SHOWN HEREON ARE
N89°30'47"E 2.0'� IN FEET AND ARE PROJECTED ONTO THE FLORIDA STATE
————'—'-I r r 1 r PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN
8' ' - I DATUM OF 1983 (NA083), 2011 ADJUSTMENT.
E -i ro 2'-...-f I 3. BEARINGS SHOWN HEREON ARE BASED ON FIXING THE EAST
LINE OF LOT 29. BLOCK 82. GOLDEN GATE UNIT 3,
"' o� LU ' �DESCRIBED PARCEL OF LAND WHEREIN SAID EAST LINE BEARS N00'29'12"W.
ni c+1 O> 4. PARCEL CONTAINS 226 SQUARE FEET, MORE OR LESS.
R. CONTAINS 226 SQ.FT.,t
N I- 5. P.O.C. = POINT OF COMMENCEMENT
0 Y z 0 O. M M 6. P.O.B. = POINT OF BEGINNING
O ......p j 7. ORB = OFFICIAL RECORDS BOOK
O H d c0 Q .- B. PG = PAGE
30 J Q in N 3 W 9. P = PLAT
m O Y ti in i+> 28 10.DE = DRAINAGE EASEMENT
m Z O N r `- 11.PUE = PUBLIC UTILITY EASEMENT
Csi W O CDN 12. R/W = RIGHT-OF-WAY
0 0 m oSN 13. SQ. FT. = SQUARE FEET
Ii s -�o, 0 O H tl,, 52 0 14. PID = PARCEL IDENTIFICATION NUMBER
I p Z
r'1 Il
-o1�
szt
J 12'
(PER PLATE N DgnDigled by
1--- a il
i-——— �N0079'13S89'3017 W 6.0' J L- - Mark A.Texter
——--3J : 1Y
6i \W 1 \ '47"W 2.0' \� Date:
2022.12.16
P.O.B.— -ram- 12:47:04
P.O.C. -0sa0
25TH AVENUE SW
1 SOUTHEAST CORNER OF NOT A SURVEY
LOT 29, BLOCK 82, I I HEREBY CERTIFY. TO THE BEST OF MY KNOWLEDGE
'' GOLDEN GATE UNIT 3 AND BELIEF, THAT THE LEGAL DESCRIPTION AND
(PLAT BOOK 5, PAGE 105) 0 10 20 40
WITHHED CH ERE PREPARED IN THE APPLICABLE
5522 (INTENDED DISPLAY SCALE: 1'-40') 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT
TO CHAPTER 472, FLORIDA STATUTES.
1
DESCRIPTION
THAT PORTION OF OF LOT 29, 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
H PARTICULARLY DESCRIBED AS FOLLOWS: MARK A. TEXTER (FOR THE FIRM L.B. 642)
gl COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 29, THENCE RUN NO0'29'13"W ALONG THE EAST LINE PROFESSIONAL SURVEYOR AND MAPPER
a OF SAID LOT 29 FOR 6.0 FEET; THENCE RUN 589'30'47"W FOR 6.0 FEET TO THE POINT OF BEGINNING. FLORIDA CERTIFICATE NO. 6392
.s FROM SAID POINT OF BEGINNING THENCE RUN S89'30'47"W FOR 2.0 FEET; THENCE RUN NO0'29'13"W FOR DATE SIGNED:
i 113.0 FEET; THENCE RUN N89'30'47"E FOR 2.0 FEET; THENCE RUN 500'29'13"E FOR 113.0 FEET TO THE __________
POINT OF BEGINNING. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
7 PARCEL OF LAND CONTAINS 226 SQUARE FEET. MORE OR LESS. AND MAPPER.
/GOLDEN GATE CITY-ALIGNMENT M JOHNSON ENGINEERING, INC. SKETCH AND DESCRIPTION-PARCEL OF LAND LYING IN
TEMPORARY CONSTRUCTION EASEMENT `r 2122
JOHNSON BOX N 1550 STREET LOT 297, OWBLONS IP2,G49 UT GATE UNIT 3
FORT MYERS, FLORIDA 33902-1550 SECTION 27,TOWNSHIP 49 SOUTH,RANGE 26 EAST
FOR STORMWATER IMPROVEMENTS PHONE: (239) 334-0046 COLLIER COUNTY,FLORIDA
COLLIER COUNTY,FLORIDA ENGINEERING FAX:#6429Qe313B. 642 DAZE Pna032 NO. FIE-4 SCALE SHEET
E.B. 12/12/2022 20203244-000 27-49-26 1:40
1 OF 1
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: 1 12C,43 Zo
ATTEST:
CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit Court & Comptroller COLLIER COUNTY, FLORIDA
BY: BY:
J ;Deputy Clerk RICK LoCASTRO, Chairman
Attest as to Ciiairnian's
signature only.
cqo
AS TO OWNER:
DATED: i/A2/;oa 3
/ ,
Witn ( ignature) SERGIO E. PALACIOS
4-91.1.4 Lc,
Name itPrint or Type)
fitness (S nature) SHARI J. PALACIOS
Lairef
Name (Print or Type)
A• ved as to form and legality:
V
DEREK D. PERRY, ESQv. 'V
Assistant County Attorney \
Last Revised 11/14/22
1r