Temporary Construction Easement/Parcel 104TCE INSTR 4812964 OR 4897 PG 2759
RECORDED 3/19/2013 8:22 AM PAGES 4
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$35.50
PROJECT: US-41/Collier Blvd. Intersection Improvements
Project No. 60116
PARCEL: Parcel 104TCE
FOLIO: Portion of 00726720402
TEMPORARY CONSTRUCTION EASEMENT
THIS EASEMENT, is made and entered into this 21:.4. day of c1\
2013, by the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS
EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER
DISTRICT, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples,
Florida 34112 (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political
subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East,
c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter
referred to as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs, legal representatives, successors and
assigns. Grantor and Grantee are used for singular or plural, as the context requires.)
WITNESSETH:
That the Grantor, for and in consideration of Ten Dollars ($10.00) and other
valuable consideration paid by the Grantee, receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a Temporary
Construction Easement as described in Schedules I and II, attached hereto and by
reference made a part hereof:
Upon the completion of the construction of improvements in or adjacent to the
easement area the Grantee shall use its best efforts to restore the surface of the
temporary construction easement area to its pre-existing condition.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the date and year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
C 444 °:`A� COUNTY AND AS EX-OFFICIO THE
r8-
• ` ' GOVER G %OAR,/ OF THE COLLIER
{ COUNT W A T R-S: ER DISTRICT
.rA
. _ L
BY
puty Clerk Geor•'� ! H''er, Esq.
1,,; 1 as to Chairma Chairwoman
THIS CONVEYANCE ACCEPTED BY THE
Approved as to form and BOARD OF COUNTY COMMISSIONERS,
legal sufficiency: COLLIER COUNTY.FLORIDA.
PURSUANT TO AGENDA,
&1_11tioteeji6__
DATED: °2 13 ITEM NO. I /\
Asst. County Attorney
This prepriy has boon acquired under
threat of condemnation and is exempt
from documentary stamp tax.
Schedule I
(Temporary Construction Easement)
TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS
INCURRED FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF
ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION
OF US 41 AND COLLIER BOULEVARD (TRANSPORTATION INTERSECTION
SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO. 60116)
The following summarizes the interests and rights Collier County (hereinafter "the
County") shall acquire from the property owners/interest holders (hereinafter
"Owner(s)") of certain real property and described in the legal description and sketch
("Schedule II") and the obligations the County has agreed to comply with in connection
with such easement interests and rights:
1. The area of the easement interests and rights to be acquired by the County are
described and depicted herein and on Schedule II.
2. Schedule II describes and depicts a Temporary Construction Easement ("TCE")
area as follows:
a. The County shall have the temporary right and privilege to enter upon the
lands described in Schedule II as a temporary construction easement area
for the purpose of (1) constructing roadway, bikepath and sidewalk
improvements, drainage structures (including but not limited to ditches,
swales, earthen berms, rip-rap and retaining wall systems, underground
pipes, various types of water control structures), and any and all manner
of public and private utility facilities within the public right-of-way; (2)
constructing or modifying driveways, walls, and other structures affected
by the roadway construction but which are not within the public right-of-
way; (3) storage and marshalling of equipment and materials during the
roadway construction project, and (4) demolishing or clearing any
structures, improvements or other features required to be removed in
order to construct the improvements contemplated by the Contract Plans
for Intersection Capacity Improvements for Collier County Project No.
60116, with full authority to enter upon, grade, regrade, excavate or
otherwise construct such improvements as are necessary for the
construction of the Project, any improvements depicted in Schedule II, and
for restoring the temporary construction easement area.
b. All the TCE rights and privileges granted herein shall commence on the
day the easement rights are vested in the County through agreement,
court order, or operation of law and end three (3) years after that date.
c. Throughout the duration, the County has the right and authority to remove
and dispose of dirt, rocks and vegetation within the temporary construction
easement area. To the extent damage or loss results from use of the TCE
by the County, its agents or contractors, County shall compensate
Owner(s) for any damage or loss remaining at the end of the of term of
this TCE.
3. Owner(s), their heirs, successors and assigns may continue to use the TCE area
for any lawful purposes that do not directly interfere with the County's acquired rights;
provided, however, that Owner(s), their heirs, successors and assigns shall not
Schedule I - Page 1 of 2
construct nor permit to be constructed any building, structure, excavation or other
improvement or obstruction, on, over, under, above, across, within or through the TCE
area (for as long as it shall exist) which may interfere with the County's construction of
the improvements as depicted in the Contract Plans for Intersection Capacity
Improvements for Collier County Project No. 60116 or which would otherwise directly
interfere with the exercise by the County of its acquired easement rights, including
ingress to and egress from the TCE area (for as long as it shall exist).
Schedule I - Page 2 of 2
N
*.1 ...t. SCHEDULE II
0,444i UNPLATTED
Page 1 of 1
"' UNITED TELEPHONE COMPANY
S OF FLORIDA
0 20 40
OR 1233, PG 1742
��yry FOLIO NO. 00726680005
GRAPHIC SCALE
1" = 40'
ecJ
UNPLATTED
COLLIER COUNTY
OR 1663, PG 289
0
S84'26'56'E FOLIO NO. 00726720402
5.00' 104TCE
N05'33`04"E 0` 100 SF
20.00' S05`33
'04"W
0 g POB 4 20.00"
POC N$4'26'56"W
S89'43'38"E t 5.00"
41.31'
- R
N05'33'04"E
17.20"
EXISTING RW
UNPLATTED LEGEND
KRG 951 & 41, LLG Rw : RIGHT—OF—WAY
OR 4167, PG 801 OR = OFFICIAL RECORDS BOOK
FOLIO NO. 00726721809 PB = PLAT BOOK
PG = PAGE
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
NO. = NUMBER
S.R. = STATE ROAD
LEGAL DESCRIPTION - PARCEL 104TCE AKA = ALSO KNOWN AS
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1663, PAGE 289 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE S89'43'38"E FOR 41.31 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL RECORDED IN OFFICIAL
RECORDS BOOK 1663, PAGE 289;
THENCE LEAVING SAID SOUTHERLY BOUNDARY, N05'33'04"E FOR 17.20 FEET, TO THE POINT OF BEGINNING OF THE
PARCEL DESCRIBED HEREIN;
THENCE N05'33'04"E FOR 20.00 FEET;
THENCE S84'26'56"E FOR 5.00 FEET;
THENCE S05'33`04"W FOR 20.00 FEET;
THENCE N84'26'56"W FOR 5.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
TEMPORARY TECM - ROW
CONSTRUCTION EASEMENT ALM 1 5 2012
DURATION 3 YEARS.
MICHAEL A. WA PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
June 8,2012 8:16 AU W:\2009\090081.00.00 1)941 dr CR951 Intersection Improvements And C9951 RRR\901‘Pfons\Ph 1—Surrey\Sketch And 0. rtptions\TCE—RW Rev 02\SKO_104TCE.dwq
PROJECT: U.S.41/C.R.951/S.R.951 T\X]AIN Y cut Nincaing SKETCH AND LEGAL DESCRIPTION l i g &M �
PARCEL 1 04TCE: TEMPORARY CONSTRUCTION EASEMENT
6610 Wtllow Park Drive,Suite 206
PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Naples. FAX Phone:(239) FAX:(239)597.0578
LB No.:
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE SNAME SHEET
090081.00.00 1 3 51S 26E 1" = 40' 3 13 12 R.A,K. SKD_104TCE 1 OF 1