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Parcel 702 i" f ,:;1' .. Memorandum 10' --<I 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 10 J f 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 ~reC.&- - ....) ~ ~tJ L. e-.. Lt4 Eo t"L Print Name ¥t I ¡.¡. f f:> VV1""'~"'- Titl 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 -~ ~.'..', B;¡ÛJJk"~ Ú - THOMAS 1. GARRlS ,,;;.. P.L.S. #3741 STATE OF FLORIDA ~ -,',' J -~ '\','" ,'" FOLIO NO...w~xt-r}co08'( W:\2000\20000ó7\LEGALDESB3700.doc EXHIBIT A Page.....L- of 2. Naples· Fort Myers· Venice· EnglewDDd 0 " \J :r <:> »- ", ::c ::c 0 0 »- =< ","~CD~ ro n 5 w ~~ :r iTi ~ .. :!1 \J º Z - c c c 0 r ::c »- »- .." 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