Parcel 743
PROJECT: 65061
PARCEL No.: 743
FOLIO No.: 2511790003
TDRE AGREEMENT
THIS TORE AG~E~ENT (he~ferred to as the "Agreement") is made and
entered into on this . -r day of r, 2005, by and between BRITTANY
BAY PARTNERS lTD., a Florida limited partnership (hereinafter referred to as "Owner"),
whosemailingaddressis1551SandspurRoad.Maitland. Florida 32751-6138 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 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 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 . 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. Owner shall not be liable for any injury, damage or loss on the property suffered
by the County, its agents, contractors or employees which is not caused by the negligence or
intentional acts of the Owner.
6. The County shall pay for all costs of recording the TORE instrument in the Public
Records of Collier County, Florida.
7. The County acknowledges and accepts responsibility for damages caused by the
acts of its agents, contractors or employees while on the property and, to the extent
permitted by law and without waiver of its sovereign immunity provided in s.768.28, Fla. Stat.,
agrees to indemnify and hold harmless the Owner for any damages caused by the County,
its agents, contractors or employees.
)
Temporary Driveway Restoration Easement Agreement
Page 2
8. 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.
9. The TORE shall commence upon its recording in the Public Records of Collier
County, Florida.
10. 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.
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties have caused these presents to be executed
the date and year first above written.
DATE ACQUISITION APPROVED BY BCC: 10/28/03, Resolution 2003-372
AS TO COUNTY:
DATED: ( /2../Ö·;;-
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f!.~ 1"}3 O~}Ù>,bÄ. ,.',.> signature Oft11
, eputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: pJiW ~
Fred W. Coyle, Chairma
WITNESSES:
Brittany Bay Partners, Ltd.,
a FL limited partnership
By: CEO Capital Holdings 2000 Y, L.L.C.,
a FL limited liability company, its
general partner
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(Print) . ( . .
(Signature)
ØY1el U!lraVl,'
(Print)
By:
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JaH P. Brock, Manager
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Approved as to form and legal sufficiency:
"
, ftb- ~ aâ~
Ellen T. Chadwell
Assistant County Attorney
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All R, GHAHRAMANI, M,D.
O.R. BOOK 1422. PAGE
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CAMDEN COVE
PLAT BOOK 39, PAGES
24-25
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RICHARD R, YUREWITCH
O,R. BOOK 15.33. PAGE 182
REVISED TIE IN BEARING 3/'4/05
PftOJECT NO" 65061 p....eEL NO. : 74J
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Exhibit II A"
4
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o 25 50 100 200
GRAPHIC SCALE
CURVE TABLE
CURVE lEN~TM RAOIU OE TA TAN E T CHaR
. ..
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NOTES:
HORD BEARINC
1, This is not 0 survey,
2. Basis of bearing is the West line of County
Road 951 (C.R. 951) being N 02'15'.33" W, Florida
State Plane Coordinates NAD 8J/90, East Zane.
.3. Subject to easements, reservations and
restrictions or record.
4. Easements shown hereon are per plot, unless
otherwise noted.
5, ROW represents Right-of-Way.
6. P.O.B. represents Point of Beginning.
7. P,O.C, represents Point af Commencement.
8. O.R. represents Official Records.
g. L.B.E. represents Landscape Buffer Easement.
10. U.E. represents Utility Easement.
11. B.E. represents Buffer Easement.
12. P .U.E. represents Public Utility Easement.
1 J. S.U.E. represents Special Utility Easement.
DESCRIPTION:
A partion of the Access Easement &: Drainage
Easement H 1, Tract "A", Camden Cave, as recorded
in Plat Book 39, Pages 24-25 of the Public
Records of Collier County, Florida,: being mare
particularly described os fallows:
Commencing at the Northeast corner of soid T roct
";:"; thence South 02'15'33" East, along the Easterly
line of said Tract" ¡':', for a distance of 11.56 feet
to it's intersection with the North line of said
Access Easement &: Drainage Easement H 1 and the
POINT OF BEGINNING; thence continue along Easterly
line of said Troct "A", South 02'15'.33" East, for 0
distance of 69.00 feet to it's intersection with the
Southeast corner of said Access Easement &:
Drainage Easement H'; thence .34.53 feet along the
South line of said Access Easement &: Drainage
Easement /I 1. and along the arc of 0 circular curve
concave north having 0 radius of 538.00 feet
through 0 central angle of 03'40'40" and being
subtende'd by a chord which bears North 89'58'14"
West, for a distance of .34.53 feet; thence North
02'15'33" West, for a distance of 74.24 feet, to 0
point on the North line of said Access Easement &:
Drainage Easement II 1; thence .35,14 feet along the
North line of said Access Easement &: Drainage
Easement /11, and the arc of a circular curve
concave south having a radius of 469.00 feet
through 0 central angle of 04' 1 7'33" and being
subtended by 0 chord which bears South 81'24'46"
East, for 0 distonce of J5.13 feet to the POINT OF
BEGINNING.
CUE"'IT;
~~nJ~~~,ing fee~.~.~~5:0, :\å.~~es, more
, " P. .M. ~r:S1R "tiE;FIRM)
FLORIDA LlC.eve. ~34 '... '-. ¡,:
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NOT VALID WITHOUT THE" SiGNATURE AND THE
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB #43
COLLIER COUNTY DEPARTMENT
OF TRANSPORTATION
SKETCH ðc DESCRIPTION
ORIVEWAY R~SroRATION E:AS~M~NT
TlTl£:
CAfE:
07/200J
flU: NO"
2L-812
PROJECt NO.'
N6015-00!5-000
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