Parcel 214TCE Project: 51029 Golden Gate City Stormwater
Parcel: 214TCE
Folio: 36458000008
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred
to as the"Agreement") is made and entered into on this a7 day of Wbruai ,--2(141776a3
by and between JOSE CRUZ and MILDRED CRUZ, husband and wife, whose mailing address
is PO BOX 471, Naples, FL 34106 (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, c/o 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.
V✓
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: d 2o23
ATTEST:
CRYSTAL K., II,NZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit Gburt&Comptroller COLLIER COUNTY, FLORIDA
I v
BY: C BY:
.yIr RICK LoCASTRO, Chairman
"MO
as hat, S
signature only.,
AS TO OWNER:
DATED: 0- 2 8 202
fitness (Signature) JOSS CRUZ
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Name (Print or Type)fie.Bmi L (yell/c/410 -' /
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Witness (Signature) MILDRED CRUZ C---
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Name (Print or Type)
A r ved s t for nd legality:
DEREK D. PERR , ESQ.
Assistant County Attorne c: 9'sk
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ti
Last Revised 11/14/22
•
•
EXHIBIT A
Page 1 of 1
TE-ROW 21 4TCE NOTES:
1. THIS IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO
12/19/22 BE USED AS ONE.
—P.O.C. 29TH PLACE S.W. 2. COORDINATES AND HORIZONTAL DATA SHOWN HEREON ARE
CORNER OF IN FEET AND ARE PROJECTED ONTO THE FLORIDA STATE
NORTHWEST
LOT BLOCK 267, PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN
DATUM OF 1983 (NAD83), 2011 ADJUSTMENT.
GOLDEN GATE UNIT 7 3. BEARINGS SHOWN HEREON ARE BASED ON FIXING THE WEST
E. (PLAT BOOK 5, PAGE 140) LINE OF LOT 20, BLOCK 267, GOLDEN GATE UNIT 7,
M —P.O.B. N87°55'43"E 14.0' WHEREIN SAID WEST LINE BEARS NOO'06'35'W.
I S00'0635E 6.0' R\ 4. PARCEL CONTAINS 322 SQUARE FEET, MORE OR LESS.
—R W 5. P.O.C. = POINT OF COMMENCEMENT
N8�55'43 6.0'�� 6. P.O.B. = POINT OF BEGINNING
• 1 14', `—�DESCRIBED PARCEL OF LAND N. 7. ORB = OFFICIAL RECORDS BOOK
20' CONTAINS CONTAINS 322 SQ.FT.,t 8. PG = PAGE
1- 2'DE&PUE7-7?-
19. P = PLAT
(PER PLAT) __ S00°06'35"E 23.0' r� 10.DE = DRAINAGE EASEMENT
__ J 11.PUE = PUBLIC UTILITY EASEMENT
F.. r 6'DE& PUE 12.R/W = RIGHT—OF—WAY
▪ N00°06'35"W 13.50. FT. = SQUARE FEET
23.0' LOT 20,BLOCK 267 (PER PLAT) Z 14. PID = PARCEL IDENTIFICATION NUMBER
ed
''▪ S87°55'43"W 14.0' GOLDEN GATE UNIT 7 Digitally
PLAT BOOK 5,PAGE 140
E 6'DE&PUE P10: 36458000008 x ,„signed by
5498 29TH PL SW C—+ �:, Mark A.
g —(PER PLAT) J
e-t-n� -Texter
(— `i� ;,, , bate:
U-_ -
�'` ' 2022.12.16
E 09:39:40
m—— 19 -05'00'
NOT A SURVEY
a I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE
1 # AND BELIEF, THAT.THE LEGAL DESCRIPTION AND
0 10 20 40 ATTACHED SKETCH WERE PREPARED IN ACCORDANCE
(INTENDED DISPLAY SCALE: 71'm40') WITH THE APPLICABLE PROVISIONS OF CHAPTER
�, 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT
TO CHAPTER 472, FLORIDA STATUTES.
g DESCRIPTION _
EJ THAT PORTION OF OF LOT 20, BLOCK 267. GOLDEN GATE UNIT 7, PLAT BOOK 5, PAGE 140 IN THE PUBLIC
S RECORDS OF COWER COUNTY, FLORIDA, LYING IN SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST. BEING MORE MARK A. TEXTER (FOR THE FIRM L.B. 642)
S PARTICULARLY DESCRIBED AS FOLLOWS: PROFESSIONAL SURVEYOR AND MAPPER
i COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 20. THENCE RUN 500'O6'35"E ALONG THE WEST UNE OF FLORIDA CERTIFICATE NO. 6392
• SAID LOT 20 FOR 6.0 FEET; THENCE RUN N87'55'43"E FOR 6.0 FEET TO THE POINT OF BEGINNING.
e FROM SAID POINT OF BEGINNING THENCE RUN N8755'43"E FOR 14.0 FEET; THENCE RUN S00'08'35"E FOR 23.0 DATE SIGNED:
2 FEET; THENCE RUN S8755'43"W FOR 14.0 FEET; THENCE RUN N00'06'35"W FOR 23.0 FEET TO THE POINT OF NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
BEGINNING.
tE RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
▪ PARCEL OF LAND CONTAINS 322 SQUARE FEET, MORE OR LESS. AND MAPPER.
GOLDEN GATE CITY-ALIGNMENTS II JOHNSON ENGINEERING, INC. SKETCH AND DESCRIPTION-PARCEL OF LAND LYING IN
2122 JOHNSON STREET LOT 20,BLOCK 267,GOLDEN GATE UNIT 7
TEMPORARY CONSTRUCTION EASEMENT P.G. BOX 1550 SECTION 28,TOWNSHIP 49 SOUTH,RANGE 26 EAST
FORT MYERS, FLORIDA 33902-1550 COLLIER COUNTY,FLORIDA
FOR STORMWATER IMPROVEMENTS PHONE: (239) 334-0046
COLLIER COUNTY,FLORIDA ENGINEERING FAX: 3
B. �842d B. 42 PROJECT NO. FILE NO. SCALE s11�r
12/12/2022 20203244-000 28-49-26 1:40 1 OF 1