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Parcel 739 ';" 7",' ~::r. "rf~;' ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce lion of the Chairman's si ature, draw a line throu roùtin lines #1 throu #4, com lete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Initials Date (List in roulin order) 1. 2. PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) 3. 4 5. Sue Filson, Executive Manager Board of County Commissioners Name of Primary Staff Deborah Farris )(-596\ Phone Number 213-5861 Contact Agenda Date Item was Octobe.r .~~,2~~ Agenda Item Number 16B5 Approved by the BCC . .~ .'..'" Type of Document TDRE Agreement Number of Original 1 Attached Documents Attached 6. Minutes and Records Clerk of Court's Office Yes (Initial) NI A (Not A licable) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certaih time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 10-28-03 enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chan es, if a licable. df N/A N/A df N/A I: Forms! County Forms/ Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 2. 3. 4. 5. 6. PROJECT: 65061 PARCEL: 739 FOLIO: 75115300808 TDRE AGREEMENT THIS TORE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this {7rl+dayof ,uOVf-M,<!E,( ,2005, by and WATERWAYS JOINT VENTURE IV, a Florida partnership (hereinafter referred to as "Owner"), whose address is 914 Grand Rapids Boulevard, Naples, FL 34120-4430, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; 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", which is 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 of constructing on Owner's lands with materials of like kind, a driveway/turnout and/or to provide for continuous transition between the existing driveway and the newly constructed roadway, sidewalk, and drainage improvements on Collier Boulevard, 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 parties hereto have executed this Agreement on this 17TH: day of ^,cn/~Æ~~ ,2005, Dated Project/Acquisition Approved by BCC: Gift and Purchase Resolution No. 2003-372, Agenda Item No. 16B5, Date 10/28/2003 Condemnation Resolution No. 2004-182, Agenda Item No. 1 OF, Date 5/25/2004 AS TO PURCHASER: DATED: 1· l-tl-05 ATTEST: DWIGHT E. BHQCK,Clerk ';.~~ . C'D, '. !?rf) , :,'~~,,"'\~j:...,"'" .-', i:.;;" to" " . , BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~W. ~ Fred . Coyle, Chairman Witness (Signature) WATERWAYS JOINT VENTURE IV, a Florida partners~.pf:-/ M"/ BY: ////2<.-. (Signature! Name: /0 r H.4 ¡ltJ ¡)4 1$ 4~ J /lí (Print or type) Title: /J? j A/ CI ¡.J4 L_ (Print Corporate Title) Name: (Print or Type) '/ftHf &L#tUtu Witness (Signature) Name: ~\ roceS ~L0AV (Print or Type) Approved as to form and legal sufficiency: 'i¿ ~CU- lien 1. Chadwell Assistant County Attorney ~ \ \ \ \ ---Ci87---~C" \ NORTHEAST \ CORNER ... .." ~ SECTION 34 CO I \ I \ l- V) L5 to C'\, ~ lL1 f'I) C) f'I) z. >\ f? C) -If) .2: llJf'I) - G::::f'I) ~ Lu° ~V) ()G:::: f-llJ ~ :58 ZC) 0 ~~ V) QltJ 0:: C() t:~ I- 2:~ ~ :¿z -C'-.j Q :¿- 00) ~a JC"1 - V)~ J: ~~ U) Q Z <::::(0 ~. .$ 0 2 D::CO Lu 1-. ~ ~ct: ~ $0 f'I) Z 0 ¡::: Ü Lu V) LEGAL DESCRIPTION A portion of Section 34, Township 48 South, Range 26 East, Collier County, Florida, being a portion of those lands described in O.R. Book 2924, Pages 335-.337, of the Public Records of Collier County, Florida, being more particularly described as follows: Commencing at the Northeast corner of Section 34, Township 48 South, Range 26 East, Collier County, Florida; thence N.B9·55'30"W., a distance of 1 00.15 feet to a point on the Westerly .r;ight-of-way line of County Road 951 (C.R. 951); thence 5.0Z"15'04"E. along said Westerly line, a distance of 669.62 feet; thence N.89'54'27"W., a distance of 65.05 feet; thence 5.02·15'04"E., a distance of 628.88 feet to the POINT OF BEGINNING; thence continue S.OZ"1S'04"W. along said line, a distance of 111,00 feet; thence 5.B7"44'S6"W., a distance of 36.00 feet; thence N,02"15'04"W., a distance of 111.00 feet; thence N.87"44'56"E., a distance of 36.0 et to the POINT OF BEGINNING. Contai ng 3,996.00 square feet or 0.0917 acre . m a 0 Ie AMDREW B. BECK, P.S.M. (FOR THE FIRM) FLORIDA LlC. NO. 6065 .I~//zok3-- _ (DATE SIGNED) I NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.: 65061 PAACEL NO. I 739 Wil.Milleï···W- PfartIww " ~ " écdoQ/III " SLrwy<n " I..&ntJ¡¡c¡¡pe ArdIecW " 1I'InIpcrIalion Condm ~,m ,.,.. , f« JI,wJ . ~ ' Jhdinb1 ' TMJ'I Wl9IIøyLn, aAtlf1J 'NØf. fbtk iIØH!W ./'ttJrr¡ ~ " Fu A'HØÐ' WtbfAIIIII*n*.I'Id Sap 25. 2003 - 15:03:09 MlJJ.tUREIX:\SUR\N6015\95hd100.dwg L289 ----- I I NOTES: 0- ~ o 0:: \ h \ \. . .' ~ o ci \ -1 « z () I \.- \ o l!1 ~ \; \ ~ I ~ Lj\ 1. This is not a survey, 2" Basis of bearing Is the West line of County Road 951 (C.R. 951) baing S 02"15'31" E. Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservat10ns and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P .O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10, U.E. represents Utility Easement. LINE TABLE LENGTH 100.15 669.62 65,05 628.88 111.00 36.00 111 .00 36.00 EXHIBIT A t of I . BEARING N89'55'.30"W S02"15'04"E NB9'54'27"W 502'15'04"E S02"15'04"E S87"44'56"W N02'15'04"W ~ N87' 44'56"E .::t;'\j I 25 50 100 GRAPHIC SCALE LINE L287 L28B L289 L290 L291 L292 L293 l294 Page 21 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION DRIVEWAY RESTORATION EASEMENT 10/2003 PROJECT NO.: N6015-005-000 SHEET NUMBER, 739 OF XXX F1l.E NO.: 2L-812