Parcel 721
COLLIER COUNTY TRANSPORTATION DIVISION
RIGHT -OF- WAY ACQUISITION OFFICE
DEP ARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT
MEMORANDUM
DATE:
July 14, 2004
TO:
Sue Filson, Executive Manager - BCC
FROM:
Paul Young, Right-of-Way Property Acquisition Specialist
Phone number: 239-213-5884
RE:
Immokalee Road parcel 721 (a portion of folio 64280000387)
Attached please find the original TDRE Agreement for parcel 721 - Project 66042 for
execution by Chairman Fiala.
This property is part of the acquisition approved by the BCC pursuant to a Gift and
Purchase Resolution No. 2002-417, dated September 24,2002.
Please sign this Agreement on behalf of the County, and forward to the Board Minutes
and Records for attestation by the Clerk.
Thank you!
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PROJECT: Immokalee Road #66042
PARCEL: 721
FOLIO: a portion of 64280000387
TDRE AGREEMENT
THIS TORE AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this 1ft1 day of ~ ' 2004, by and between NORTH
NAPLES MEDICAL PARK OWNERS' SSOCIATION, INC., a Florida not for profit
corporation (hereinafter referred to as "Owner"), whose mailing address is P.O. Box 413029,
Naples, Florida 34101-3029, 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.
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: '{ - Jó- 7...00£/
~/., , , 0, ~pl, ',uf Clerk
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AS TO QWf\JER:
BOARD OF COUNTY COMMISSIONERS
COLLIER C UNTY, FLORIDA
~~d
Fiala, Chairman
ATTESI~' :¿í'i,i;f; (i"
OWIGftt E. BROCK,:Qlerk
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WITNESSES:
NORTH NAPLES MEDICAL PARK
OWNERS' ASSOCIATION, INC., a
Florida not for profit corporation
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Witness (Signature)
Name: K.~/", CøtJ¡7V
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Title
Approved as to form and
legal sufficiency:
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Ellen T. Chadwell
Assistant County Attorney
Item # 10 L
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HOLE MONTES
ENGINEERS, PlANNERS . SURVEYORS
950 Encore Way' Naples, Florida 34110 . Phone: 239.254.2000 . Fax: 239.254.2099
LEGAL DESCRIPTION
I~ II
EXHIBIT A
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HM PROJECT #2000067
7/17/3
REF. DWG. #B-3798
PARCEL NO. 721
A PORTION OF TRACT R (MEDICAL BOULEVARD) OF NORTH NAPLES MEDICAL PARK ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 46 AND 47 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGIN AT THE MOST SOUTHEASTERLY CORNER OF TRACT R (MEDICAL BOULEVARD) OF NORTH
NAPLES MEDICAL PARK ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 46
AND 47 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.89°13'25"W., ALONG
THE SOUTHERLY BOUNDARY OF SAlD TRACT R, FOR A DIST ANCE OF 80.00 FEET; THENCE RUN
N.Ooo46'35"W., ALONG THE WESTERLY BOUNDARY OF SAID TRACT R, FOR A DISTANCE OF 32.25 FEET;
THENCE RUN N.89°13'25"E. FOR A DISTANCE OF 80.00 FEET TO A POINT ON THE EASTERLY BOUNDARY
OF SAID TRACT R; THENCE RUN S.Ooo46'35"E., ALONG THE EASTERLY BOUNDARY OF SAlD TRACT R,
FOR A DISTANCE OF 32.25 FEET TO THE POINT OF BEGINNING; CONTAINING 2580,0 SQUARE FEET, MORE
OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESER V ATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE SOUTHERLY BOUNDARY OF TRACT R (MEDICAL BOULEV ARD) OF NORTH
NAPLES MEDICAL PARK ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 46
AND 47 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S.89°13 '25"W.
HOLE MONTES, INC.
CERTIFICATION OF AUTHORIZATION LB #1772
BY ~ If. ~P.S.M.#5628
THOMAS M., MURP ~, . STATE OF FLORIDA
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