Parcel 705
Memorand u m
TO: Sue Filson
Executive Manager
Board of County Commissioners
FROM: Debbie Armstrong (þ)~
Acquisition Specialist
Transportation - Right-of-Way Office
DATE: May 5, 2004
RE: Immokalee Road, Project No. 66042
Parcel 705
Transmitted for your further handling is a TDRE Agreement for a Temporary Driveway
Restoration Easement acquisition of Parcel 705 required for the Immokalee Road
improvements project, which the Board authorized the Chairman to execute on its
behalf on September 24, 2002, Resolution 2002-417 Item 10-1.
Please have the Chairman execute the attached TDRE Agreement and forward to the
Clerk for attestation. The instrument may then be returned to this office.
Please do not hesitate to call (213-5874) if you have any questions or if I may be of any
assistance. Thank you.
Thank you.
Attachment
Transportation Right-at-Way Office
-
.
PROJECT: Immokalee Road #66042
PARCEL: 705
TDRE AGREEMENT
THIS TDRE AGRE§.MENT ~aiter referred to as the "Agreement") is made and
entered into on this :aD~ay of OL1 L.- , 2004, by and between RIVERCHASE
COMMONS OWNERS' ASSOCIATION, INC. (hereinafter referred to as "Owner"), whose
mailing address is 4901 Tamiami Trail North, Naples, Florida 34103-3010, and COLLIER
COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "County"),
whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a Temporary
Driveway Restoration Easement (hereinafter referred to as "TDRE") over, under, upon and
across the lands described in Exhibit "A" (attached hereto and made a part of this
Agreement); and
WHEREAS, Owner desires to convey said TDRE to County for the stated purposes, on
the terms and conditions set forth herein; and
WHEREAS, Owner recognizes the non-monetary benefit to Owner resulting from the
proposed driveway transitioning and desires to convey the TDRE 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 TDRE requested by County.
NOW, THEREFORE, in consideration of these premises set forth above, the sum of
Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency
of which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall convey the TDRE to County at no charge to the County.
2. Owner shall deliver the properly executed TDRE instrument to County within 30
days of the date of this Agreement.
3. Owner is aware and understands that this Agreement is subject to the acceptance
and approval by the Board of County Commissioners of Collier County, Florida.
4. The County shall pay for all costs of recording the TDRE instrument in the Public
Records of Collier County, Florida.
5. 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 trustees, and/or assignees, whenever the context so
requires or admits.
6. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the 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.
7. This Agreement is governed and construed in accordance with the laws of the State
of Florida
.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
DATE ACQUISITION APPROVED BY BCC: September 24, 2002 (Resolution No. 2002-417)
AS TO PURCHASER:
DAT~D~""""~,' g,~L
" .Of:h '.I!) "
,.,f(j¡~.........~,:- "
Ar~l~- , .~:"" '(j.'I, BOARD OF COUNTY COMMISSIONERS
~'1iŒ~,,~ i~~r,,~~':~R~~1\ 'Ç\lerk COLLIER COUNTY, FLORIDA
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hA ~ '. '../ , ,,';; I:: !: ' . . O. G. BY: A i .~..........' d~
~ \~. . ,..99 <, ler~ Donna Piala, Chairman
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AS TO OWNER:
~SES: I . J '.
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Witness (Signature)
Name: ,7'1/ß/1 £ &/¡e..~,ße;) By:
(Prinij S
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Print Name
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Name:~t:t'el'l (?eH,'#¿~ VlCA:- .é.~ '"~~
(Print) Title
Approved as to form and
legal sufficiency:
kv~
Ellen T. Chadwell
Assistant County Attorney
llem # 10 ¡
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Date - 'fJ, ð-
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Reç'd' J oJ-O
Donation Agreement 2
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HM
HOLE MONTES
ENGINEERS, PLANNERS, SURVEYORS
950 Encore Way. Naples, Florida 34110' Phone 239.254.2000' Fax: 239.254.2075
HM PROJECT #2000067
4121/04
REF. DWG. #B-3793
PARCEL NO. 705
LEGAL DESCRIPTION
A PORTION OF RIVERCHASE BOULEV ARD (TRACT "1") OF RIVERCHASE COMMONS ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 32 AT PAGES 20 AND 21 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF THE CENTERLINE OF RIVERCHASE BOULEVARD (TRACT "1"), WITH
THE NORTHERLY RIGHT -OF- WAY LINE OF IMMOKALEE ROAD, THE SAME BEING A POINT ON THE
BOUNDARY OF RlVERCHASE COMMONS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK
32 AT PAGES 20 AND 2,1 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN
N.89°45'55"W., ALONG THE BOUNDARY OF SAID RIVERCHASE COMMONS AND ALONG THE NORTHERLY
RIGHT-OF-W A Y LINE OF IMMOKALEE ROAD, FOR A DIST ANCE OF 65.42 FEET TO A POINT ON THE
WESTERLY BOUNDARY OF RIVERCHASE BOULEVARD, THE SAME BEING A POINT ON A CIRCULAR
CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N.Ooo14'O5"E., A DISTANCE OF 25.00
FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE WESTERLY BOUNDARY OF
RIVERCHASE BOULEVARD AND ALONG THE ARC OF SAID CURVE TO urn LEFf, HAVING A RADIUS OF
25.00 FEET, THROUGH A CENTRAL ANGLE OF 70°05'34", SUB TENDED BY A CHORD OF 28.71 FEET AT A
BEARINGOFN.55°11 '18"E., FOR A DISTANCE OF 30.58 FEET TO THE END OF SAID CURVE; THENCE RUN
S.89°26'48"E. FOR A DISTANCE OF 83.18 FEET TO A POINT ON THE EASTERLY BOUNDARY OF
RIVERCHASE BOULEVARD, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE
NORTHEASTERLY, WHOSE RADIUS POINT BEARS N.69°11 , 47"E., A DISTANCE OF 25.00 FEET THEREFROM;
THENCE RUN SOUTHEASTERLY, ALONG THE EASTERLY BOUNDARY OF RIVERCHASE BOULEV ARD AND
ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL
ANGLE OF 68°57'42", SUB TENDED BY ACHORD OF 28.31 FEET AT A BEARING OF S.55°17'04"E., FOR A
DISTANCE OF 30.09 FEET TO THE MOST SOUTHEASTERLY CORNER OF RIVERCHASE BOULEVARD, THE
SAME BEING A POINT ON THE BOUNDARY OF SAID RIVER CHASE COMMONS AND A POINT ON THE
NORTHERLY RIGHT -OF-W A Y LINE OF IMMOKALEE ROAD; THENCE RUN N.89°45'55"W., ALONG THE
BOUNDARY OF SAID RIVERCHASE COMMONS AND ALONG THE NORTHERLY RIGHT-OF-W A Y LINE OF
IMMOKALEE ROAD, FOR A DISTANCE OF 64.59 FEET TO THE POINT OF BEGINNING; CONTAINING 1660.0
SQUARE FEET, MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE NORTHERLY RIGHT -OF- WAY LINE OF IMMOKALEE ROAD, AS BEING
N.89°45'55"W.
HOLE MONTES, INe.
CERTIFICATION OF AUTHORIZATION LB #1772
BY IJ~ 1«, ~/ P.S.M. #5628 E~H'6rr -Ï:
., .' THOJ'v'j\S . M . PHY STATE OF FLORIDA
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