Parcel 715B
COLLIER COUNTY TRANSPORTATION DIVISION
DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT
RIGHT -OF- WAY 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: 66042
PARCEL: 715B
FOLIO: a portion of 27167500206
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered by and between COLLIER
DEVELOPMENT CORPORATION, a Florida corporation whose mailing address is
3003 Tamiami Trail N., Naples, FL 34103-2714 (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") 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 and material 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 use its best efforts to restore the existing landscaping, asphalt,
utilities, plantings, light fixtures (if any) and any other items within the TCE area to
their original condition. 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.
Temporary Construction Easement Agreement
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
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, 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
6. Purchaser shall pay for all recording fees for the TCE.
7. Owner agrees to grant the TCE for the purpose of maneuvering equipment and
material in order to construct utility, sidewalk, and roadway improvements in the
Purchaser's existing right-of-way that is adjacent to the Property. 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 _ 5"ti.- day of ()cTh' ~ , 2004.
Dated Project/Acquisition Approved by BCC: September 24, 2002, Item 10-1,
Resolution 2002-417
Temporary Construction Easement Agreement
AS TO PURCHASER:
DATED: (Ò~ 0'1
ATTEST:
D\~{~<~f. Ft.< BROCK, Clerk
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flerk
WITNESSES:
~('¡ ¿r-
(Si nature)
D.R.Cxin1
(Printed Name)
~ '~
¡ll. ¡Pllli. ¡y,.}
( Ignature)
Elizabeth M. DiIHngham
(Printed Name)
Approved as to form and
~iCi~Y~
./
Ellen T. Chadwell
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, FLORIDA
BY:
COLLIER DEVELOPMENT CORPORATION
a Florida corporation
BYjµoOM U.Watk
Signature
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Printed name
,
VI ce P/t':;/ntt1t
Title
Temporary Construction Easement Agreement
,-. ~
HM
HOLE MONTES
ENGINEERS, PLANNERS, SURVEYORS
950 Encore Way· Naples, Florida 34110 . Phone: 239.254.2000' Fax: 239.254.2075
(t Ij
EXHIBIT A
Page-L œ 1.,-
HM PROJECT #2000067
12/04/03
REF. DWG. #B-4470
PARCEL NO. 715-B
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 DESCRIBED AS FOLLOWS:
COMMENCE AT THE MOST SOUTHEASTERLY 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.oooll '09"E., FOR A DISTANCE OF 23.00 FEET
TO A POINT ON THE NORTHERLY RIGHT-OF- WAY LINE OF IMMOKALEE ROAD THE SAME BEING THE
POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED AND THE SAME BEING THE
BEGINNING OF A CIRCULAR CURVE CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS
N.0001I'09"E., A DISTANCE OF 50.00 FEET THEREFROM; THENCE RUN ALONG THE ARC OF SAID CURVE
TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 25°50'31"
SUB TENDED BY A CHORD OF 22.36 FEET AT A BEARING OF N.76°53'36"W., FOR A DISTANCE OF 22.55 FEET
TO THE END OF SAID CURVE; THENCE RUN 8.89°48'51"E., FOR A DISTANCE OF 23.89 FEET; THENCE RUN
S.0001I'14"W., FOR A DISTANCE OF 5.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF
IMMOKALEE ROAD; THENCE RUNN.89°48'51"W., ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF
IMMOKALEE ROAD FOR A DISTANCE OF 2.09 FEET TO THE POINT OF BEGINNING; CONTAINING 83,9
SQUARE FEET, MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, 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 PUBUC RECORDS OF COLLIER COUNTY,
FLORIDA, AS BEING N.OO° 11 '09"E.
HOLE MONTES, INC.
CERTIFICATION OF AUTHORIZATION LB #1772
BY ~,!st Ml~~~~';~OR1DA
W:\2000\2000067\l.EOAlDESB4470.doc.
Naples' Fort Myers' Venice
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