Parcel 716A
RIGHT-OF-W A Y ACQUISITION OFFICE
COLLIER COUNTY TRANSPORTATION DIVISION
DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT
MEMORANDUM
DATE:
October 5,2004
TO:
Sue Filson, Executive Manager - BCC
FROM:
Paul Young, Right-of-Way Property Acquisition Specialist
Phone number: 239-213-5884
Immokalee Road - project 66042, parcel 716A & parcel 716B (a portion of
27167550489).
RE:
Attached please find the original TDRE Agreement for Parcel 716A and TCE Agreement
for parcel 716B for signature by the Chairman on behalf of the Board of County Commissioners.
Parcel 716A 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-
1.
Parcel 716B is part of the condemnation resolution approved by the BCC pursuant to
Resolution 2004-35, dated January 27, 2004 as Agenda item lO-D.
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!
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PROJECT: Immokalee Road - 66042
PARCEL: 716A
FOLIO: a portion of 27167550489
TDRE AGREEMENT
THIS TORE AGREE~NT (hereinafter" referred to as the "Agreement") is made and
entered into on this 'S day of O~~ , 2004, by and between JLZ
PROPERTIES, LTD., a Florida limited partnership, formerly known as lJZ PROPERTIES,
l TO., a Florida limited partnership, (Hereinafter referred to as "Owner"), whose mailing
address is 1435 Immokalee Road, Naples, Florida 34110-1401, 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
Oriveway 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 Oollars ($10.00), and other good and valuable consideration, the receipt and sufficiency
of which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall convey the TORE to County at no charge to the County.
2. Owner shall deliver the properly executed TORE instrument to County within 30
days of the date of this Agreement.
3. Owner is aware and understands that this Agreement is subject to the acceptance
and approval by the Board of County Commissioners of Collier County, Florida.
4. The County shall pay for all costs of recording the TORE instrument in the Public
Records of Collier County, Florida.
5. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustees, and/or assignees, whenever the context so
requires or admits.
6. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the written Agreement,
including all exhibits attached hereto, shall constitute the entire Agreement and
understanding of the parties, and there are no other prior or contemporaneous written or oral
agreements, undertakings, promises, warranties, or covenants not contained herein.
7. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
DATE ACQUISITION APPROVED BY BCC: September 24, 2002 (Resolution 2002-417, Agenda
Item 10-1)
AS TO COUNTY:
DATED: ðc..r S ~1
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ATTEST:",.. .>."
DW!$~t;¡;.:i1t1oêK, Clerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COU Y, FLORIDA
JLZ PROPERTIES, LTD., a Florida limited
partnership, formerly know as LJZ
PROPERTIES, L TO., a Florida limited
partnership
By: Its General Partner
Zimm Investments, Inc.
A Florida corporation
WI~~SSES:
tí!á$;¿;&t¿¡2~
Witness (Signature)
Name: ELleJJ)} ·ê¡20Z/£
(Print)
By:
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Name~n\tPJ ~rýLJ-
(Print)
,J¿JfJer
(Printed Name)
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Approved as to form and
legal sufficiency:
_kC>l~
Ellen T. Chadwell
Assistant County Attorney
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HOLE MONTES
ENGiNEERS· PLANNERS· SURVEYORS
950 Encore Way' Naples, Florida 34110 . Phone: 239.254.2QOO . Fax: 239.254.2075
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illvI PROJECT #2000067
12/04/03
REF. DWG. #B-3797
PARCEL NO. 716-A
LEGAL DESCRIPTION
A PORTION OF TRACT "B-1" OF THE PLAT OF TRACT "B-1" ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 26 AT PAGES 42 AND 43 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED As FOLLOWS:
COMMENCE AT THE MOST SOUTHWESTERLY CORNER OF TRACT "B-1" OF THE PLAT OF TRACT "B-1"
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 42 AND 43 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.00011 '09"E., ALONG THE WESTERLY
BOUNDARY OF SAID TRACT "B-1", FOR A DISTANCE OF 23.00 FEET TO THE POINT OF BEGINNING OF THE
PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.ooo11 '09"E. FOR A DISTANCE OF 28.00 FEET;
THENCERUNN.89°48'51"W. FOR A DISTANCE OF 6.08 FEET TO A POINT ON THE WESTERLY BOUNDARY
OF SAID TRACT "B-1"; THENCE RUN S.00010'54''W., ALONG THE WESTERLY BOUNDARY OF SAID TRACT
"B-1", FOR A DISTANCE OF 6.80 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE,
CONCA VB EASTERLY; THENCE RUN SOUTHERLY, ALONG THE BOUNDARY OF SAID TRACT "B-1" AND
ALONG THE ARC OF SAID CURVE TO THE LEFf, HAVING A RADIUS OF 40.00 FEET, THROUGH A CENTRAL
ANGLE OF 32°00'05", SUBTENDED BY A CHORD OF 22.05 FEET AT A BEARING OF S.15°49'09"E., FOR A
DISTANCE OF 22.34 FEET TO THE POINT OF BEGINNING; CONTAINING 128.7 SQUARE FEET, MORE OR
LESS.
THIS PROPERTY IS SUBJECT TO EASEN1ENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE WESTERLY BOUNDARY OF TRACT "B-1" ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 26 AT PAGES 42 AND 43 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, AS BEING N.ooo11'09"E.
HOLE MONTES, INe.
CERTIFICATION OF AUTHORIZATION LB #1772
BY
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P.S.M. #5628
STATE OF FLORIDA
W:\2000\2000061\l..EGALDHSB3797.doc:
Naples' Fort Myers' Venice
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