Parcel 714C/Roppolo
PROJECT: 60161 County Barn Road
PP.RCEL No(s): 714C
FOLIO No(s): a portion of 00427320004
TORE AGREEMENT
THIS TORE AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this l.-;J -It day of ~n..J,:>v , 2006, by and between MARTIN
ROPPOLO, a widower, (hereinafter referred to as "Owner"), whose mailing address is 5619
Wendy Lane, Naples, FI 34112, 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 is the sole owner of the lands described in Exhibit "A" and desires
to convey said TORE to County for the stated purposes, on the terms and conditions set forth
herein; and
WHEREAS, County has agreed to compensate Owner for conveyance of the TORE
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 for the sum of $1,500.00 subject to the
apportionment and distribution of proceeds pursuant to Paragraph 8 of this Agreement (said
transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by
County Warrant, shall be full compensation for the Easement conveyed, and shall be in full
and final settlement of any damages resulting to Owner's remaining lands, costs to cure, and
all other damages in connection with conveyance of said Easement to County, including all
attorney's fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes.
At Closing, County shall pay to Bella Y. Patel the sum of $1,000.00 for legal fees.
3. Owner shall deliver the properly executed TORE instrument to County at Closing.
4. Owner is aware and understands that this Agreement is subject to the acceptance
2.~d ~I)Dr0v2! t'\J' !re !3C-::lrIj ('If C'OI...r.t\l GnmlT'li~c::innprc:: nf r.nllip.r r.0tmtv Florida.
I I J .,
5. The County shall pay for all costs of recording the TORE instrument in the Public
Records of Collier .County, Florida.
Temporary Driveway Restoration Easement Agreement
Page 2
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. County shall pay all fees to record any curative instruments required to clear
title, all Easement recording fees, and any and all costs and/or fees associated with securing
and recording a Release or Subordination of any mortgage, lien, or other encumbrance
recorded against the property underlying the Easement; provided however that
apportionment and distribution of the full compensation amount in Paragraph 2 which may
required by any mortgagee, lien-holder, or other encumbrance-holder for the protection of its
security interest or as consideration for the execution of any release, subordination or
satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing
Statement from the compensation payable to Owner per Paragraph 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 parties have caused these presents to be executed
the date and year first above written.
DATE ACQUISITION APPROVED BY BCC: Resolution No. 2006-39, Agenda item #10 (C),
dated February 14, 2006.
AS TO COUNTY:
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DATED:_~2.i f!,/ L::J...
, I'
ATTEST: . .
DWIGHT E. BR'OCK, Clerk
~~ ~~ru-
... . ' ,deputy Clerk
I' to Oil fruit s
s f Qf!~tlJr, O(l} ,II
BOARD OF COUNTY COMMISSIONERS
COLLIER C~ ~
BY:~ ~
Frank Halas, Chairman
Temporary Driveway Restoration Easement Agreement
AS TO OWNER:
MARTIN ROPPOLO
WITNESSES:
<< tv~
--Witness (Signature) ~
NameiJhllY CJ) ~~~-L..
Print)
By: J.,ytM, t;;;:,-tfFJ -W~ 6
~l"~TI;-f R(">.Pr=-'cL c'
( Print Name)
itness
Name: ~ND( L. CZ>t(
(Print)
Approved as to form and
legal sufficiency:
~~
Ellen T. Chadwell
Assistant County Attorney
Page 3
It
EXHIBIT Ii "
PaQe_ 1 of -
-
TEMPoMRV DRIVEWAY
RES10RA11DNEASEM~NT
(DU AAT~ I VIARS FROM
COMMEt.cIJE~ 01 CONSTRUCTION),
PROJECT NOl 60101
,PROJECT PARCEL NOl 714 C
SHEET .L OF .L
I 20' J
LEGAL DESCRIPTION AND SKETCH -C Z~
TEMPORARY DRIVEWAY RESTORATION EASEMENT
(NOT A SURVEY)
SECTION 17, TOWNSIDP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
WEST
PROPERTY LINE
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THE WEST 52 FEET OF EAST 152 FEET OF
NORTH 15 FEET OF THE NW 114 OF THE
NW [14 OF
SECTION 17, TOWNSHIP 50 SOUTH,
RANGE 26 EAST,
COllIER COUNTY, fLORIDA.
THE
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LEGAL DESCRIPTION - PARCEL NO. 714 C
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MARTlN ROBPOLO
FOLIO NUMBER: 00427320004
O.R. 657, PG. 797 52' TEMPORARY DRNEWAY
RESTORATION EASEMENT
LEOEND. .
RIW . RIOHT OF "AY
LS . LAND SURVEYOR
LB . LICENSED BUSINESS
P.B. . PLAT BOOK
PO. . PACE
PSU . PROFESSIONAL SURVEYOR 8 UAPPER
C.R. . COUNTY ROAD
O.R. . OFFICIAL RECORD
LX/STING so' fKJADNAY, ORAlN""
8t UTILITY EASEMENT
~
RIW FOR
COUNTY BARN ROAD (C.R. 268)
(WIDTH VARIES)
\'AST ~:TY LINE.
WESTERLY RIW LINE OF
COUNTY BARN ROAD (C.R.
COUNIT BARN ROAD
(C.R. 268)
r;~American '
llIra Consulting Engineers of Florida, LLC
4111 Land 0' Lakes Blvd. Suite 210
Land 0' Lakes, FlorIda 34639
Phone: (813) 996-2800 Fax: (813) 996-1908
Certlfloate of AuthorIzation No. 7110
Joel C. McGee, P..s.M. No. 6430
NW Y.4 OF THE NW Y.4 SECTION /7
NE Y.4 OF THE NW Y.4 SECT/ON /7
COl.LIER COUNTY
DEPARTMENT OF' TRA.NSPoRTA7TON
DRAWN BY. JCM
CHECKED BY. SP
DRAWING DATE. OS-IS-OS
SCALEr J H.40'