Parcel 702
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Memorandum
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FROM:
Sue Filson
Executive Manager
Board of County Commissioners
Debbie Armstrong (}tJ'
Acquisition Specialist '
Transportation - Right-of-Way Office
TO:
DATE:
June 4, 2004
RE:
Immokalee Road, Project No. 66042
Parcel 702
Transmitted for your further handling is a TORE Agreement for acquisition of Parcel 702
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
101.
Please have the Chairman execute the attached TORE 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: 702
101
TDRE AGREEMENT
THIS TORE AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this l-'~" day of ~\ )n~ , 2004, by and between BAILES
FAMILY LIMITED PARTNERSHIP (h einafter referred to as "Owner"), whose mailing
address is 4624 Pine Castle Blvd. Suite A, Orlando, FL 32809, 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 "TORE") 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 TORE 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 TORE 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 TORE 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 TORE to County at no charge to the County.
2. Owner shall deliver the properly executed TORE 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 TORE 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
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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:
DATED: ~. '7 - OtJ
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
::LLlER ~OJ~
Donna iala, Chairman
BAILES FAMILY LIMITED PARTNERSHIP
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Print Name
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Approved as to form and
legal sufficiency:
~ft~
Ellen T. Chadwell
Assistant County Attorney
Donation Agreement
2
HM
HOLE MONTES
ENGINEERS, PlANNERS, SURVEYORS
10 'J
950 Encore Way' Naples, Florida 34110 ' Phone: 941,254.2000 ' Fax: 941.254.2099
HM PROJECT #2000067
3/25/2
REF. DWG. #B-3700
PARCEL NO. 702
LEGAL DESCRlPTION
A PORTION OF LOT 1 OF RIVER CHASE COMMONS ACCORDING TO THE PLAT THEREOF RECORDED IN
PLA T BOOK 32 AT PAGES 20 AND 21 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORlDA, BEING
MORE PARTICULARLY DESCRlBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF LOT 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; THENCE RUN N.00043 '03"W., ALONG THE WESTERLY BOUNDARY OF SAID LOT 1, FOR
A DISTANCE OF 37.90 FEET; THENCE RUN N.89°16'57"E. FOR A DISTANCE OF 18.00 FEET; THENCE RUN
S.00043 '03"E. FOR A DISTANCE OF 40.00 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID LOT
1; THENCE RUNN.84°03'58"W., ALONG THE SOUTHERLY BOlTNDARY OF SAID LOT 1, FORA DISTANCE OF
18.12 FEET TO THE POINT OF BEGINNING; CONTAINING 701.1 SQUARE FEET, MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRlCTIONS OF RECORD.
BEARINGS REFER TO THE SOUTHERLY BOUNDARY OF LOT 1 OF RIVER CHASE COMMONS ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 32 AT PAGES 20 AND 21 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, AS BEING N.84°03'58"W.
HOLE MONTES, INe.
CERTIFICATION OF AUTHORIZATION LB #1772
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B;¡ÛJJk"~ Ú
- THOMAS 1. GARRlS
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P.L.S. #3741
STATE OF FLORIDA
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