Parcel 702
MEMORANDUM
Date:
October 28, 2004
To:
Robert Bosch
Right-of-Way Acquisition Specialist
Transportation Department
From:
Linda A. Houtzer, Deputy Clerk
Minutes & Records Department
Re:
TDRE AGREEMENT
Rattlesnake Hammock Road
Parcel: 702
please find enclosed one (1) copy of the document as
referenced above, (Agenda Item #16B4), as approved by the
Board of County Commissioners on October 28, 2003.
If you should have any questions, please call me at 774-8411.
Thank you.
Enclosure
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
(Print on pink paper~Àttach to original document. Original documents should be hand delivered to the Board Office. The
complèted routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on
. the iteÎn.)
<st 0;.,', .,;,H';,~., ROUTING SLIP
?;:'~;iH/"j ,,-,.-,,-. ,,_'-~~~·~'·"~\~,:,.i:,,'·:,..,-_\'~"""'>-;;· \; ,,~'. .
,. ëomplete~¡'outïriilines #{ through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is
already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the
checklist, and forward to Sue Filson line #5 .
Ro~t.~ to. Addressee(s) ,Office Initials Date
. st m I;;Í1tin order ' .:.~:,
PRIMARY CONTACT INFORMATION
primary contact is the holder of the original document pending BCC approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original documents needing the Bce Chainnan's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name ofPrirnary Staff Robert Bosch
Contact
Agenda Date Item was October 28, 2003
A roved b the BCe
Type of Document , ,:...
Attacb:ed -, . ,
INSTRUCTIONS & CHECKLIST
Initial the Y'es column or mark uN/A" in the Not Applicable column, whichever is
'.. ai" r riaté':,'~~~'';i:::I!fd '; J,
Original dOcument has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chåirman, with the exception of most letters, must be reviewed and signed
by the Office ofthê County Attorney. This includes signature pages from ordinances,
I'C:solutio~, eìç. sigtÌed by the County Attorney's Office and signature pages from
;c(;ntracts: agt~emetÌts, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.
All handwrittenstrlk¡;:;through and revisions have been initialed by the County Attorney's ~
Office and all other arties exc t the BCC Chainnan and the Clerk to the Board ~
The Chairman's signature line date has been entered as the date ofBCC approval of the
J6cument or the final ne otiated contract date whichever is a licable.
4. ,"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ture and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be prqvided to Sue Filson in the BCC office within 24 hours of~CC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadliÌ1es!
Board of County Commissioners
Phone Number
Agenda Item Number
!r>
Number of Original
Documents Attached
I: Fonnsl County Fonnsl BCe Fonnsl Original Documents Routing Slip
WWS Original 9.03.04 ''', .
213-5805
16B4
1
N[4
PROJECT: Rattlesnake Hammock Road
PARCEL No: 702
FOLIO No: 00419320009
TDRE AGREEMENT
THIS TORE AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this 2,Nð day of [)JSCJ:;4¿lEt<.. ,2004, by and between SHEPHERD OF
THE GLADES lUTHERAN CHURCH, INC., a Florida corporation (hereinafter referred to as
"Owner"), whose mailing address is 6020 Rattlesnake Hammock Road, Naples, Florida
34113 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 a
smooth transition between Owner's existing driveway and the new roadway, 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. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein
are made a part of this Agreement.
2. Owner shall convey the TORE to County at no charge to the County.
3. Owner shall deliver the properly executed TORE instrument to County within 30
days of the date of this Agreement.
4. 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.
5. The County shall pay for all costs of recording the TORE instrument in the Public
Records of Collier County, Florida.
6. 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.
7. The TORE shall commence upon its recording in the Public Records of Collier
County, Florida.
Page 2
8. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and this 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. This
Agreement may only be amended in writing by the parties hereto.
9. 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: OCTOBER 28,2003 - RESOLUTION NO. 2003-371,
AGENDA ITEM NO, 16B4.
AS TO COUNTY:
DATED: I). - 0 l - )..<::>04,
"._";\~:' . ·~l:~,/;J
ATTEST: .' .,,";¡\(" ",," 3',.
DWIG HT E:,~RQC,K, C¡ßrk:"~)
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AS TO OWNER:
SHEPHERD OF THE GLADES LUTHERAN
CHURCH, INC., a Florida corporation
WITNESSES:
~<~,Ay><l
Witness (Signature)
Name: ~("\(\\'i v~ C7Qo1:?CdL'ê"
(Print)
~
Witness (Signature)
Þ? crli: (n ,-H L~
(Print)
/1 ~
By: ¡)p~),
Donald Bassett, President
Name:
Approved as to form and
legal sufficiency:
11, (4 1 J "-
Heidi F. Ashton
Assistant County Attorney
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EXHIBIT
Page (
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SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUN TY, FLORIDA
PARCEL NO. 702
PROPERTY OWNER: SHEPHERD OF THE GLADES
LUTHERAN CHURCH
REFERENCE: O.R. XXXX. PG. YYYY
STRAP NO,: 502616018.0005816
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THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
LEGAL DESCRIP,TION AND SKETCH SHEET 1
DESCRIPTION: PARCEL 702
CLIENT: COLLIER COUNTY T
....!J\
::::H.GNOIJ
.....(3
::::: ~BER &
......(3
......
...... RUNDAGE,IIfc.
ProfessIonal engIneers, planners, & land surveyors
CoWer COUDtr- Butte 200. 7fOO TamIamI trail. lI'orth; 11'0.1... I'L MI08 (861)887-1111
t.. COWlVI Butte 101, 1828 U...cb7 Sl....t, rort ~.n. PI. 8UOI (ifl)3I7-11 It
C.rtltloate of A.ulhonsaU... 1101, L8 18" ...4 U S8" ram {OfI)888-8808
1/15/04
OF 2
BY:
DIVISION
E W. HACKN Y, P.S.M. NO. 5606
SCALE:' ," -eO' DATE: OCT. 3. 2003
DRAWN BY: i JAN PROJECT NO.: 8315
ACAO NO: 8672-508 FILE NO: 8672
EXHIBIT
Page :;L
A
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SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION OF PARCEL 702
ALL THAT PART OF THE SOUTH 1/2 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA BEING PART OF SHEPHERD OF THE GLADES
LUTHERAN CHURCH PROPERTY LYING NORTHERLY OF RATTLESNAKE HAMMOCK
ROAD (C,R. 864) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16;
THENCE SOUTH 89'13'46" EAST ALONG THE SOUTH LINE OF SAID SECTION AND
THE SURVEY BASELINE OF SAID RATTLESNAKE HAMMOCK ROAD A DISTANCE OF
378.48 FEET;
THENCE NORTH 0"46'14" EAST A DISTANCE OF 67.50 FEET TO THE NORTHERLY
RIGHT OF WAY LINE OF SAID RATTLESNAKE HAMMOCK ROAD AND THE POINT OF
BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED;
THENCE CONTINUE NORTH 0'46'14" EAST A DISTANCE OF 21.50 FEET;
THENCE SOUTH 89'13'46" EAST ALONG A LINE 21.50 FEET NORTHERLY OF AND
PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 54.00 FEET;
THENCE LEAVING SAID LINE SOUTH 0"46'14" WEST A DISTANCE OF 21.50 FEET TO
SAID RIGHT OF WAY LINE;
THENCE NORTH 89'13'46" WEST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF
54.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 1,161 SQUARE FEET OF LAND MORE OR LESS;
LEGAL DESCRIPTION,' AND SKETCH SHEET 2 OF 2
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 702 , ,
CLIENT: COLLIER COUNTY TRANSPoRTATION DIVISION
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:::::L>ARBER &
······13
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...... RUNDAGE,lNc,
Professional engineers, planners. & land surveyors
C.W.r c.""",. Suit. 200. 7400 TamIamI Troll, ".rth¡ lIopl.., n. 8-1101 (8U)087-8111
Le. C.un"', SuIt. 101, 1820 ø...4r:Y 1Itn.&. r.rt If;r.r.. n. 8aDOI (8U)887-8111
c.rtttlaot. .r Autb.rb.U.... II... L8 BUt ...4 2. IUt For. {HI)OU-IIOI
1/15/04
BY:
5606
DA TE: OCT. 3. 2003
PROJECT NO.: 8315
FILE NO: 8672
SCALE: N.T.S.
DRAWN' BY: ,JAN
ACAD NO:8672 SD8