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Parcel 171TCE 1 68 1 Project: 51029 Golden Gate City Stormwater Parcel: 171TCE Folio: 35991920002 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the"Agreement") is made and entered into on this .5 " day of M 14 , 2023, by and between KELLY GLEN COLBURN and LISA J. COLBURN, husband And wife, whose mailing address is 3015 47TH Street 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. Cq0 16B J 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: M F !� 20 Z3 ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court & Comptroller COLLIER COUNTY, FLORIDA BY: I VI AAK G..„kap BY: RICK LoCASTRO Chairman Attest as to Chairman's t.. signature only 16B 1 AS TO OWNER: DATED: J S ).,. iftlitlikak N71.- Witness (Signature) KELLY GLEN COLBURN Mill'..-r it_ OA (IV Name (Print or y e) .././ Witness (Signature) L SA J. LB N £4MuC c. PeicE,7_, Name (Print or Type) Appro d as to form and legality: DAL OP.",v..——......_ DEREK D. PERRY, ESQ. Assistant County Attorney • Last Revised 11/14/22 16B 1 ATE-ROW 171 TCE LEGAL DESCRIPTION & SKETCH 3/22/22 TEMPORARY CONSTRUCTION EASEMENT 3015 47TH STREET S.W. (FOLIO NO. 35991920002) NAPLES, FLORIDA EXHIBIT A Page 1 of 2 DESCRIPTION: THAT PORTION OF LOT 14, BLOCK 92, GOLDEN GATE UNIT 3, AS RECORDED IN PLAT BOOK 5, PAGES 97-105 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 27, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 14; THENCE WEST, ALONG THE NORTH LINE OF SAID LOT 14, FOR 6.00 FEET; THENCE SOUTH FOR 6.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH FOR 14.00 FEET; THENCE WEST FOR 38.00 FEET; THENCE NORTH FOR 6.00 FEET; THENCE WEST FOR 43.00 FEET; THENCE SOUTH FOR 6.00 FEET; THENCE WEST FOR 32.00 FEET; THENCE NORTH FOR 14.00 FEET; THENCE EAST FOR 113.00 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 1,324 SQUARE FEET, MORE OR LESS. Q N N N N M S E U) W N NN N N N N N a , Digitally signed ��•..:.r..,tis a.t.' 6`" '.Fy by Darren • Townsend STATE OF • Date: ▪ NOTES: ass'o• FLORIDA ..•�.� 2022.03.16 oat• .....•of 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS Survey 1 S:O7:42 -04'00' THEREOF. N 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 3, DARREN TOWNSEND PROFESSIONAL SURVEYOR AND MAPPER PLAT BOOK 5, PAGES 97-105. FLORIDA CERTIFICATE. NO. 6476 i NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND f, 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-10356 - SMOF-1515 --7—±—_ 2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 35991920002) FORT MYERS, FLORIDA 33901 _ i' www.alrnengr.com DRAWN: CHECKED: CLIENT: PHONE (239) 332-4569 JS 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 27 49 S 26 E COLLIER SHEET 1 OF 2 , 7.1 16B 1 171 TCE LEGAL DESCRIPTION & SKETCH N TEMPORARY CONSTRUCTION EASEMENT 3015 47TH STREET S.W. (FOLIO NO. 35991920002) (el) NAPLES, FLORIDA EXHIBIT A 06,6...10 20 Page 2 of 2 INTENDED DISPLAY SCALE: 1" = 20' a LOT 13, BLOCK 92 w P.B. 5, PGS. 97-105 g 1 o 0 1 1 POC: NE CORNER LOT 14, BLOCK 92 j GOLDEN GATE UNIT 3 L J \ Q 6' D&PUE (P) EAST 125.00' \\; p I CC 6' D&PUE (P) SOUTH 6.00' -�I6.00' Icc U N' = EAST 113.00' 000 Ho POB Ho E- cL o N. Oa Io WEST 43.00' IH - O D o o EC WEST 32.00' LO O Oz o WEST 38.00' a UJ w 0 0 Qs LOT 14, BLOCK 92 o P.B. 5, PGS. 97-105 TEMPORARY 1 21 CONSTRUCTION M FOLIO NO. 35991920002 EASEMENT r, N 0 O LEGEND: 0 " D&PUE = DRAINAGE & PUBLIC UTILITIES EASEMENT LI E INST. = INSTRUMENT LI LB = LICENSED BUSINESS u w NO. OR # = NUMBER IZi (P) = AS SHOWN IN P.B. 5, PGS. 97-105 P.B. = PLAT BOOK 0 r PGS. = PAGES POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT I2 R/W = RIGHT OF WAY w w V k_ NOTES: 9 1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS THEREOF. . 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 3, C PLAT BOOK 5, PAGES 97-105. " NOT VALID WITHOUT THE ATTACHED DESCRIPTION. THIS IS NOT A SURVEY. AIM Engineering& Surveying, Inc. SMIL-10356 - SMOF-1515 2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 35991920002) 1 =_= FORT MYERS, FLORIDA 33901 s _ 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 27 49 S 26 E COLLIER SHEET 2 OF 2/ i' 1.{