Parcel 715A
COLLIER COUNTY TRANSPORTATION DIVISION
DEP ARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT
RIGHT-OF-W A Y ACQUISITION OFFICE
MEMORANDUM
DATE:
October 4, 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 115 (a portion of 27167500206)
TDRE Agreement 715A, TCE Agreement 715B
Attached please find the original Purchase Agreement for parcel 115, TDRE Agreement
for parcel 715A, and TCE Agreement for parcel 715B, for signature by the Chairman on behalf
of the Board of County Commissioners.
Parcels 715 A and B are 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 115 is part of the Condemnation Resolution 2004-35, Agenda Item 10 D approved
January 27,2004. -
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: 715A
FOLIO: a portion of 27167500206
TDRE AGREEMENT
THIS TORE AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this S h- day of 0 c... TV ßt!l- , 2004, by and between COLLIER
DEVELOPMENT CORPORATION, A Florida corporation (hereinafter referred to as
"Owner"), whose mailing address is 3003 Tamiami Trail N., Naples, Florida 34103-2714, 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 2002-417)
AS TO COUNTY:
DATED:~
~'-
BOARD OF COUNTY COMMISSIONERS
COLLIER COU Y, FLORIDA
BY:
Donna ala, Chairman
AS TO OWNER:
WITNESSES:
/'ft C\ ll1'-"
Witness (Signature)
Name:e,. R. C r'II11
(Print)
COLLIER DEVELOPMENT CORPORATION
a Florida corporation
By: ~Iá .~
~/j;~tu1fi/J¡;¡/Um )
Name: Elizabeth M. Dillingham
(Print)
J, D '
\ Ice r (fsll.iellt
(Title)
'ì ,
Set SCi VI t-I, ~v t-1-1-1 S
(Printed Name)
Approved as to form and
legal sufficiency:
t.L.~ \:f ~
Ellen T. Chadwell
Assistant County Attorney
2
HM
HOLE MONTES
ENGINEERS, PLANNERS, SURVEYORS
950 Encore Way' Naples, Florida 34110· Phone: 239.2542000' Fax: 239.254,2075
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EXHIBIT ¡ t\
Page t d z..
HM PROJECT #2000067
12/04/03
B-3796
PARCEL NO. 715-A
LEGAL DESCRIPTION
A PORTION OF TRACT B OF COLLIER HEALTH PARK ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 17 AT PAGES 50 AND 51 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING
MORE P ARTICULARL Y DESCRffiED AS FOLLOWS:
COMMENCE AT THE MOST SOUTHWESTERLY CORNER OF 1.'RACT B OF COLLIER HEALTH PARK
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 50 AND 51 OF THE PUBLIC
RECORDS OF COLLIER COUNT, FLORIDA; THENCE RUN N.05°57'34''W., ALONG THE WESTERLY
BOUNDARY OF SAID TRACT B, FOR A DISTANCE OF 23, 13 FEET TO A POINT 23.00 FEET NORTHERLY OF,
AS MEASURED AT RIGHT ANGLES TO, THE WESTERLY PROLONGATION OF THE SOUTHERLY BOUNDARY
OF SAID TRACT B AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;
THENCE CONTINUE N.05°57'34"W., ALONG THE WESTERLY BOUNDARY OF SAID TRACT B, FOR A
DISTANCE OF28.16 FEET; THENCE RUN S.89°48'51"E. FOR A DISTANCE OF 34.21 FEET TO A'POINT ON THE
BOUNDARY OF TRACT "B-1" OF PLAT OF TRACT "B-1" ACCORDING TO THE PLAT THEREOF RECORDED
IN PLAT BOOK 26 AT PAGES 42 AND 43 OF TllEPUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE RUN S.OoolO'54"W., ALONG THE BOUNDARY OF SAID TRACT "B-1", FOR A DISTANCE OF 6.80
FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE 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 A POINT 23.00
FEET NORTHERLY OF THE SOUTHERLY BOUNDARY OF TRACT B OF SAID PLAT OF COLLIER HEALTH
PARK; THENCE RUN N.89°48'51"W., PARALLEL WITH THE SOUTHERLY BOUNDARY OF SAID TRACT B,
FOR A DISTANCE OF 37.28 FEET TO THE POINT OF BEGINNING; CONTAINING 957.3 SQUARE FEET, MORE
OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE SOUTHERLY BOUNDARY OF TRACT B OF COLLIER HEALTH PARK ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 50 AND 51 OF THE PUBLIC RECORDS OF
COlLIER COUNTY, FLORIDA, AS BEING N.89°48'51"W.
HOLE MONTES, INe.
CERTIFICATION OF AUfHORIZATiON LB #1772
BY 1./-.--",. ~
THOMAS M~H
P.S.M. #5628
ST ATE OF FLORIDA
W:\2000\2000067\LEGAlDESB3196.doc
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