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Parcel 709 COLLIER COUNTY TRANSPORTATION DIVISION DEP ARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT RIGHT -OF- WAY ACQUISITION OFFICE MEMORANDUM DATE: July 28, 2004 TO: Sue Filson, Executive Manager - BCC FROM: Paul Young, Right-of-Way Property Acquisition Specialist Phone number: 239-213-5884 RE: Immokalee Road - project 66042, parcel 709(a portion of 27185003756) Attached please find the original TCE Agreement for parcel 709 for signature by the Chairman on behalf of the Board of County Commissioners. 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 the Agenda Item Number was 10- I. The Account Number is 331 163650. Please sign this Agreement on behalf of the Purchaser (BCC) and forward to the Board Minutes and Records for attestation by the Clerk. Thank you! c u l~~· é .. c ii)- U. >i \' PROJECT: 66042 PARCEL: 709 FOLIO: a portion of 27185003756 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered by and between COLLIER'S RESERVE ASSOCIATION, INC., a Florida not-for-profit corporation whose mailing address is 1255 Creekside Parkway, Naples, FL 34108-1936 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as the "Purchaser"); WHEREAS, the Purchaser requires a Temporary Construction Easement (hereinafter referred to as "TCE") described in Exhibit "B", which is attached hereto and made a part of this Agreement, over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement, (hereinafter referred to as the "Property") to provide room to maneuver equipment in order to construct utility, sidewalk, and roadway improvements in the Purchaser's existing right- of-way that is adjacent to the Property; and WHEREAS, the Owner desires to convey the TCE to the Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the Purchaser has agreed to compensate the Owner for the granting of the TCE over, under, upon, and across the Property. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. The above recitals are true and correct and are made a part of this Agreement. 2. Owner shall convey the TCE to Purchaser for the sum of $600.00, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the TCE conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said TCE to Purchaser, including all attorney's fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. Purchaser shall restore the existing landscaping, asphalt, utilities, plantings, light fixtures (if any) and any other items within the TCE area to the condition existing as of the date of the grant of easement. It is mutually understood that the Property is being acquired under threat of condemnation. 3. Both Owner and Purchaser agree that time is of the essence in regard to the closing and therefore, said closing shall occur within sixty (60) days of the execution of the Agreement by Purchaser. At closing, Owner shall deliver a TCE to Purchaser in a form acceptable to Purchaser and Purchaser shall deliver the County Warrant to Owner. 4. Conveyance of the TCE, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and the written agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there Temporary Construction Easement Agreement ~ are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 5. Owner represents that, to the best of its knowledge, without having investigated or inquired, the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the County, that the seller has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This representation does not survive closing. 6. Purchaser shall pay for all recording fees for the TCE. 7. This TCE shall expire on November 1, 2007. In the event that the construction of the utility and sidewalk improvements has not been completed by November 1, 2007, the Purchaser reserves the right to record in the Public Records of Collier County a Notice of Time Extension which shall grant a one (1) year time extension until November 1, 2008, for the completion of said construction. Owner shall be provided with a copy of the recorded Notice of Time Extension. 8. This Agreement is governed and construed in accordance with the laws of the State of Florida. 9. 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 trustee, and assignees whenever the context so requires or admits. IN WITNESS WHEREOF, the parties hereto have executed this Temporary Construction Easement Agreement on this Z ~ day of q lA L.' ' 2004. Dated Project/Acquisition Approved by BCC: September 24, 2002, Item 10-1, Resolution 2002-417. ~ Temporary Construction Easement Agreement AS TO PURCHASER: DATED: M 2-<1, 2-0°1 ATTEST: DWIGHT E. BROCK, Clerk ~" "ßi"h J 1 . ~ ^~'t~ ~.OL. /?:" :::~'~_t~~.'~\· tø ~~11rk .'::' ;',,:. . ~Jjnà~. Oftl,. ~:~, ~A~TQ,~NÞR: , \·y';:'tì~~~. n>:/itk ~, .mð ~ L@.':'l!f7"' , r ignature) ctlJlRk V -~ (Printed Name) Approved as to form and legahsufficiency: /~V~ ~Ellen 1. Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COU TY, FLORIDA BY: Donna COLLIER'S RESERVE ASSOCIATION,INC., a Florida not-for-profit corporation BJJ~//~ Signature .,s;o7TG: m~~AJ Printed name WC€~N7 Title Temporary Construction Easement Agreement ~~. HM HOLE MONTES ENGINEERS, PlANNERS ' SURVEYORS 950 Encore Way· Naples, Florida 34110. Phone: 239,254,2000. Fax: 239,254,2099 LEGAL DESCRIPTION " EXHIBIT A ¡f ~ ( ofL- HM PROJECT #2000067 7/17/3 REF. DWG. #B-3795 PARCEL NO, 709 A PORTION OF TRACT "01" OF COLLIER'S RESERVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF COLLIER'S RESERVE DRIVE WITH THE NORTHERL Y RIGHT -OF- WAY LINE OF IMMOKALEE ROAD AS THE SAME IS SHOWN ON THE PLAT OF COLLIER'S RESERVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE BOUNDARY OF SAID COLLIER'S RESERVE; THENCE RUN S.89°45'55"E" ALONG THE BOUNDARY OF SAID COLLIER'S RESERVE AND ALONG THE NORTHERLY RIGHT-OF- WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 90.00 FEET TO A POINT ON THE BOUNDARY OF TRACT "01" OF SAID COLLIER'S RESERVE, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS N.ooo14'05"E., A DISTANCE OF 25.00 FEET THEREFROM; THENCE RUN NORTHWESTERL Y, ALONG THE BOUNDARY OF TRACT "01" AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 25,00 FEET, THROUGH A CENTRAL ANGLE OF 36°49'00", SUB TENDED BY A CHORD OF 15.79 FEET AT A BEARING OF N.71 °21 '25"W., FOR A DISTANCE OF 16.06 FEET TO THE POINT OF BEGINNING OF TIŒ PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE NORTHWESTERLY, ALONG THE BOUNDARY OF SAID TRACT "01" AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 53011 '00", SUBTENDED BY A CHORD OF 22.38 FEET AT A BEARING OF N.26°21 '25"W., FOR A DISTANCE OF 23.21 FEET TO THE END OF SAID CURVE; THENCE RUN N.00014'05"E" ALONG THE BOUNDARY OF SAID TRACT "01", FOR A DISTANCE OF 14.00 FEET; THENCE RUN S.89°45'55"E. FOR A DISTANCE OF 10,02 FEET; THENCE RUN S.00014 '05"W. FOR A DISTANCE OF 34.01 FEET TO THE POINT OF BEGINNING; CONTAINING 280.4 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 COLLIER'S RESERVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S.89°45'55"E, HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 BY ~····w ,'f!t;- ' .,'., ,,:'<, , THOMAS M: Mt, mt . ' ..' . ". P.S.M. #5628 STATE OF FLORIDA " ~; /' W;\2000\2000067'LEGALDI!SB319j,doI; FOLIO NO.~7/X',-Sm~Oh ~ Naples' Fort Myers· Venice' Enolewood Q 0 fT1 ::0 o > ~ ~ 7'iOID 51D!t~ ~ .. c 0 > > ¡;j ¡;j ~ ~ à à (,¡ [, '"0 :T ~:::Jg "0- :T:L""Z ~g.'E'!~ aocølo 0........,.. P1 :J ;;J.~...,~ z~..ro ~a I ",. "'-N .. ",,-O"'~ ~ 2. 8 ô~ fj~iiliiI~ ~ I!~III :b. Ilil!:1 ~ ~ ~ .. CJ) >-/1\ r'1 ï-f r'1(") G'):J: >- ï-f cO 1T1» CJ}(") (")(") :::20 ..,,~ -t.." 0>- ZZ -< §¡ ~::o ~ > ::0 ~~ 0 ID Z fT1 I" !:2-.¡r- ~z::o~oz cÕO 9 <Op UI' I Z ¡;jP "U ::0 o ffl 00 o-i ~z -..¡P 'lJ'lJ 00 zz .....¡.....¡ 00 "" rno "'0 G1:!:: z:!:: Z", -z Zo G1", :!:: ", Z .....¡ .. 'lJ'lJ 00 rno r fT1 G') fT1 Z o r- rr- N~Z ", U>Z r ooooZ coo;ü'" ~-lrr1--1 (J1~O» . "=:Jrn q~~M ",,,, S2 ....~U> o~-I , , » OOz N. Q 0 ", o OOC N~::O < ", NN::O U1U1» . . 0, 00- ooc . "U> N~¡;; (".OJz NaG1 -:'~::E o C ::0 N~O< NU1IM , . 0 ("'"-J::o.....¡ ~tqO» rn r ", Zz N"-Jrn OJ....", NN» ....~::o ÑÑz U1: ~ G1 ::E::E (J1VJ (".OJo -l~rr¡ --'cor " ......¡ gg» : = ~ I~ 10 ~ r M 1M I~ (:) > o I I ~ I (:) I I~ I ~ ~ ~ M IL/) I ~ n ~CJ) :~ N- I I CJ) ~..¡ I I...... N"- ~r~~ fTl Z !f~ [51 '" >::0 ¡;;I f'l? ;:C;E ~c OZ fT1(J1 CD co ~ oi (]I . " ., EXHIBIT f\ p~ '2- fA L-' - -- - lJ o () 1\ ,\"", I I I I I I I I -- ", co p o q, 34.01' S 00'14'05" W I Fot '0 NO od,l/ 8Dfrßì5C'7 :::0 ~<: t:J:jt::cj ~ wn _['V ~ >-¡j(/) øt::x:l ~ (/)n ['V 0 o~ I~ ['V 0 fo--'Z (/) L1 ~ >-¡jn bJo 'b ['V I---< >--3 ot::cj ~ -:::0> 'lj (/)- n c;":) >--3 (/)~ 0 CJl(fl ......... c.ot::cj I~ CXJ~ --..] z .... N o () ~ ~ ~ H o 0 S' ,.... o þ' ..... 2: II "'.! N t>j o t>j >-3 (f) o -0 > t-< M ........ .... r" N o ---- COLLIER'S RESERVE DRIVE 't 130' R-Q-W N 00·14'05" E TRACT R COLLIER'S RESERVE P.B, 20, PGS 59-87 ---- ~ PROJECT: PARCEL: FOLIO: 66042 709 a portion of 27185003756 If EXHIBIT ß 1/ Page. (d L( -- TEMPORARY CONSTRUCTION EASEMENT This Easement granted this __ day of , 2004, by COLLIER'S RESERVE ASSOCIATION, INC., a Florida not-for-profit corporation whose mailing address is 1255 Creekside Parkway, Naples, FL 34108-1936 (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 assigns (hereinafter referred to as "Grantee"), (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of all individuals, and the successors and assigns of corporations.) WITNESSETH that the Grantor, for and in consideration of Ten Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a Temporary Construction Easement to enter upon the lands described as follows: SEE ATTACHED EXHIBIT uA" which is incorporated herein by reference, to provide room to maneuver equipment and material in order to construct utility, sidewalk, and roadway improvements in the Grantee's existing right-of-way that is adjacent to this Temporary Construction Easement area, Except as provided below, this Temporary Construction Easement shall expire on November 1,2007, If the construction of the utility and sidewalk improvements is not complete by November 1, 2007, then the Grantee may extend the Temporary Construction Easement for one (1) year, until November 1, 2008, by recording a Notice of Time Extension in the Public Records of Collier County, Florida, If the Grantee shall extend the completion of the public facilities, Grantee shall first notify the Grantor in writing at the address listed above on or before November 1, 2007 stating such intention and the November 1, 200B expiration date, Upon the completion of the utility, sidewalk, and roadway improvements, the Grantee will restore the surface of the temporary construction easement area to its original condition, IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written, WITNESSES: COLliER'S RESERVE ASSOCIATION, INC" a Florida not-for-profit corporation BY~dJr~¿ Signature t::&--;;¡-e;~~~,J Printed name V;è:é ~.s",2;6Afì Title STATE OF COUNTY OF EXHIBIT . f B if Page~ Ot~ OR produced (affix notarial seal) ,I"'~." ;~"'," CHARLES J, HOAR ~ 4W ~ MY COMMISSION # DO 128891 ~~, EXPIRES: July 8, 2006 ~lf OF n.#~ eon~d TIII1' B~ Najar¡' services 2 HM HOLE MONTES ENGINEERS, PLANNERS· SURVEYORS 950 Encore Way. Naples. Florida 34110. Phone: 239,254.2000 . Fax: 239,254.2099 II EXHIBIT ß II p~ ~of-L .. LEGAL DESCRIPTION II II EXHIBIT A p~ t of '1-' HM PROmCT #2000067 7/17/3 REF. DWG. #B-3795 PARCEL NO. 709 A PORTION OF TRACT "01" OF COLLIER'S RESERVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF COLLIER'S RESERVE DRIVE WITH THE NORTHERL Y RIGHT -OF- WAY LINE OF IMMOKALEE ROAD AS THE SAME IS SHOWN ON THE PLAT OF COLLIER'S RESERVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE BOUNDARY OF SAID COLLIER'S RESERVE; THENCE RUN S.89°45'55"E., ALONG THE BOUNDARY OF SAID COLLIER'S RESERVE AND ALONG THE NORTHERLY RIGHT-OF- WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 90.00 FEET TO A POINI' ON THE BOUNDARY OF TRACT "01" OF SAID COLLIER'S RESERVE, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCA VB NORTHEASTERLY, WHOSE RADIUS POINT BEARS N.ooo14'05"E., A DISTANCE OF 25,00 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG THE BOUNDARY OF TRACT "01" AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 36°49'00", SUB TENDED BY A CHORD OF 15.79 FEET AT A BEARING OF N.71°21'25"W., FOR A DISTANCE OF 16.06 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE NORTHWESTERLY; ALONG THE BOUNDARY OF SAID TRACT "01" AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 53°11'00", SUBTENDED BY A CHORD OF 22.38 FEET AT A BEARING OF N.26°21 '2S"W., FOR A DISTANCE OF 23.21 FEET TO THE END OF SAID CURVE; THENCE RUN N.00014'05''E., ALONG THE BOUNDARY OF SAlD TRACT "01", FOR A DISTANCE OF 14.00 FEET; THENCE RUN S.89°45'55"E. FOR A DISTANCE OF 10.02 FEET; THENCE RUN S.00014'05"W. FOR A DISTANCE OF 34,01 FEET TO THE POINT OF BEGINNING; CONTAINING 280.4 SQUARE FEET, MORE OR LESS. TillS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTHERLY BOUNDARY OF COLLIER'S RESERVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING S,89°45'55"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 BY , , ~""i'l · ~~1f~' P.S.M. #5628 STATE OF FLORIDA ..;. ,. '" ,:',.- ,. /' -/ W;I2OOOI2IIOOOo7II!SII3795,dcç FOLIO NO.d7/X'"Sm=)Oh ~ Naples' Fort Myers· Venice· Enoewood Q CJ ,., ::0 o » ãm' ~aJ'21~ ~ .. g g ~ ¡;j ¡;j ~ 8~ ~ ~ §!Z ß ß -.JP -0 -::r ~::!g "'0· :I':t'"z ~g.E!~ !!.ocølO õ.-- P1 ::I ;;);~?~ zi..... 0 ~ ~ I (, ãI -.N..... ...,¡ O-~ ;:j ~ 8 ô~ S~ii1il ~ II~II! ~ 1111:1 ~ m ~ (J) ~^ f"'I r..... f"'IO G">:I: > r-t cO 1""1» (1)0 00 ~o "1J~ ::::!"1J o~ ZZ ~ c :u " ~ ~ ~ aJ~l/TI ß C) Z-.. ~~9~g~ UI' I Z ¡;p -0-0 00 [D() -0-0 00 zz --;--; 00 r -r¡ -r¡ ", [D () G) ~ ~ rr1 Z ~ Z ~~ 0 c;)", ~ ", z --; c ~~Z ", (J)Z C ())ogZ IOO;;C1T1 ~JIT1--; (J1~()> '-::jrn ~8or · :zrrI ",,,, g -'-'(J) Pf'~ OOz ~q() ", .. () ()()c N->;;C ~ .. NN;;C (J1(J1» · . \:) 00- ooc · -(J) N~F;:; t.¡?1z · oc;) ~O!.:r () c ;;c N~()< N(J1IIT1 · . 0 t.¡--.I;;c--; O!. 10. 0 » rn F;:; Zz N--.lrn m-'T ÑN» --'~;o ÑNZ U').U').G) =E=E (J1t.¡ t.¡mo J~T -'lOr · ---; 88» · . ~ I~ 10 ~ r M 1M I~ o > t:::J I I ~ I o I I~ I ~ ~ t--c M I(/) I ~ gUl ~~ ~- l~ ex> I_ IN........ ~r~~ TJ EXHIBIT flA \1 P~'2ofv -0 o () 1\ I \ "-- ¡ , I I I I I I -- ------ z if£ ~J! ~:u ~? ;;g~ ~¡: cz /TItJ) OJ co .þ. CJI u1' 01 . T co p o q 34.01' S 00·14'05" W I FOt 10 ~O.:J]8C)tYßì5(~ >-cj:::O b:1~ :;:d wO ~N g2 >-cj(/.) c;-::¡ t?=j ::: (/.)0 o N¡s:: 0ìS::: 10 ~z (/.) L1 ¡::; r( I( EXHIBIT fS ~ ~ofi z ..... N o Ç) ~ ~ ::r: H o 0 S' ,..., o þ' Z 11 ~ I\) t.:.1 o ~ (J) ~ 0 o > ~ ...... ~ N o ---- COLLIER'S RESERVE DRIVE 't 130' R-O-W N 00'14'05" E TRACT R COLLIER'S RESERVE P,B. 20, PGS 59-87 ----- >-cj0 tDO -~~ ~ >-cj (/.)- n ø --3 (/.) :::0 _ t::rjo U1 (f.) >-" I::>:j - co~ dn~ --..] ~