Parcel 191TCE Project: 51029 Golden Gate City Stormwater
Parcel: 191TCE
Folio: 36373880002
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT hereinafter
referred to as the "Agreement") is made and entered into on this "2 _ , day of
t 1 , 20g by and between LEOBARDO RIVERA SR. and OLGA O.
RIVERA, husband and wife, whose mailing address is 2797 53rd Terrace SW, Naples, FL
3416, (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.
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: 5 / 3 / 2-3
ATTEST:
CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNT COMMISSIONERS
Circuit Court & Comptroller COLLIER COUNTY, FLORIDA
BY:
BY:
puty Clerk RICK LoCASTRO, Chairman
Attest as to Chairman's C�
It„, signature only 0
AS TO OWNER:
DATED: f
n, `f' 2`� , 1.C-
� �
Witness (Signature) LEOBARDO RIVERA SR.
El I Z..?( e) • 6-w.---(m.e.to
Name (Print or Type)-�
C, k_ O\ ; 0 O c G f 6 - t tt C. RA,
Witness (Signature) OLGA O. RIVERA
Name (Print or Type)
Approved as to form and legality:
OtAA 0
DEREK D. PERRY, ESQ.
Assistant County Attorney
Last Revised 11/14/22
TE-ROW 191 TCE LEGAL DESCRIPTION & SKETCH
3/22/22 Exhibit A TEMPORARY CONSTRUCTION EASEMENT
2797 53RD TERRACE S.W. (FOLIO NO. 36373880002)
Page 1 of 2 NAPLES, FLORIDA
DESCRIPTION:
THAT PORTION OF LOT 5, BLOCK 207, GOLDEN GATE UNIT 6 PART 1, AS RECORDED
IN PLAT BOOK 9, PAGES 1-7 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 EASTERNMOST CORNER OF SAID LOT 5; THENCE S 51°05'21" W,
ALONG THE SOUTHEAST LINE OF SAID LOT 1, FOR 66.50 FEET; THENCE N 38°54'39"
W FOR 6.00 FEET TO THE POINT OF BEGINNING; THENCE S 51°05'21" W FOR 25.60
FEET; THENCE N 32°06'29" W FOR 14.10 FEET; THENCE N 51°05'21" E FOR 16.00
FEET; THENCE S 78°45'48" E FOR 12.37 FEET; THENCE S 38°54'39" E FOR 4.50 FEET
TO THE POINT OF BEGINNING.
SAID LANDS CONTAINING 309 SQUARE FEET, MORE OR LESS.
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Digitally signed
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q1 647" 4:soya by Darren
Townsend
Date:
w°i °•• STATE OF QQ
%a;•. FLORIDA .4.4, 2022.03.16
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▪ NOTES: 14141;;ve'°` 15:13:41 -04'00'
• 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS
• THEREOF. DARREN TOWNSEND
2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 6, PROFESSIONAL SURVEYOR AND MAPPER
PART 1, PLAT BOOK 9, PAGES 1-7. 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-12180 - SMOF-1989
SIESES 2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 36373880002)
�.S FORT MYERS, FLORIDA 33901
www.aimengr.com DRAWN: CHECKED: CLIENT:
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: SHEET 1 OF 2
A I M LICENSED BUSINESS No. 3114 20-1121 28 49 S 26 E COLLIER
L
191TCE
LEGAL DESCRIPTION & SKETCH
TEMPORARY CONSTRUCTION EASEMENT pliX4'
Exhibit A 2797 53RD TERRACE S.W. (FOLIO NO. 36373880002)Page 2 of 2 NAPLES, FLORIDA !
III
INTENDED DISPLAY SCALE: 1" = 20'
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TEMPORARY
FOLIO NO. 36373880002
CONSTRUCTION
a EASEMENT LOT 5, BLOCK 207 °
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a 0 P.B. 5, PGS. 124-134
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o M D&PUE = DRAINAGE & PUBLIC UTILITIES EASEMENT
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N LB = LICENSED BUSINESS
,,, NO. OR # = NUMBER
(P) = AS SHOWN IN P.B. 9, PGS. 1-7
P.B. = PLAT BOOK
7
PGS. = PAGES
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POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
v R/W = RIGHT OF WAY
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a NOTES:
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• 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS
• THEREOF.
N 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 6,
PART 1, PLAT BOOK 9, PAGES 1-7.
Q• NOT VALID WITHOUT THE ATTACHED DESCRIPTION. THIS IS NOT A SURVEY.
AIM Engineering& Surveying,Inc. SMIL-12180 - SMOF-1989
= 2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 36373880002)
-_ FORT MYERS, FLORIDA 33901
Esaffing www.aimengr.com DRAWN: CHECKED: CLIENT:
PHONE(239) 332-4569 15 3-9-22 DT 3-10-22 COLLIER COUNTY
TOLL FREE (800) 226-4569 PROJECT NO.: SECTION: TOWNSHIP, RANGE: COUNTY: SHEET 2 OF 2 /
A I M LICENSED BUSINESS No. 3114 20-1121 28 49 S 26 E COLLIER