Parcel 236TDRE
Project: 60044 - Oil Well Road - Phase 1
Parcel: 236TDRE
Folio: 40073040002
TDRE DONATION AGREEMENT
THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered
into on this ;23 day of /1C/~()? r , 2007, by and between NAPLES
TRUCKING INC., a Florida Corporation whose mailing address is 371 17th Street NW,
Naples, Florida 34120 (hereinafter referred to as "Owner"), to 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 "County").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a Temporary
Driveway Restoration Easement (TDRE) over, under, upon and across the lands described in
Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto
and made a part of this Agreement; 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 TDRE 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
TDRE requested by County.
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 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 TDRE to County at no charge to the County.
3. Owner shall deliver the properly executed TDRE instrument to County within 30
days of the date of this Agreement.
4. The County shall pay for all costs of recording the TDRE instrument in the Public
Records of Collier County, Florida.
5. County's use of the Easement Area shall not materially interfere with ingress and
egress to Owner's property or the use and quiet enjoyment of Owner's property by Owner, its
employees, tenants, invitees, contractors or representatives.
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 TDRE shall commence upon its recording in the Public Records of Collier
County, Florida.
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.
9. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, Declarant has caused these presents to be executed the
date and year first above written.
Acquisition Approved by BCC pursuant to Resolution No. 2006-107 approved on the 25th day
of April, 2006, agenda item no. 10A.
AS TO PURCHASER:
DATED: t 1;;- r- lOr
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ATTEST:
~~'k
Attest.' to~~y flerk
s 1911aturt. oM,i
BOARD OF COUNTY COMMISSIONERS
COLLIER COU Y, FL ID
BY:
JA.
AS TO SELLER:
DATED: X/J.S/fJ7.
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Witness (Signature)
\'-JO rsetc G I U S\n
Name (Print or Type)
Naples Trucking, Inc.,
A Flo . rporation
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'Witness (Signature)
/Ie/we Uu-elJc, rc,
Name (Print or Type)
Name (Print or Type
Approved as to form and
legal ~ufficiency:
~Z~L ~ CLc~
Ellen T. Chadwell
Assistant County Attorney
,
EXHIBIT ..lL
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LEGAL DESCRIPTION AND SKETCH
Temporary Driveway Restoration Easement Parcel No. 236 TDRE
(This is not a Field Survey)
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DESCRIPTION
The South 58.0 feet of the North 129.5 feet of the West 57.0 feet of the
East 107.0 feet of Tract 113, Golden Gate Estates, Unit No. 67, as recorded
in Plat Book 6, Page 89 of the Public Records of Collier County, Florida.
Containing 3,306.0 square feet, more or less.
~TING RIGHT-OF-WAY LINE
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33RD AVE. N.E.
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S 89'40'50" E
NORTH
(60' RMI)
680.0'
LINE OF TRACT 113
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EXISTING RIGHT-OF-WAY LINE
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57.0'
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! 57.0' I!
TEMPORARY DRIVEWAY I W
RESTORATION EASEMENT
NO. 236 TORE
(3,306.0:1: SQUARE FEE'!) I
PERPETUAL, NON-EXCLUSIVE
ROAD RIGHT-OF-WAY, DRAINAGE
AND UTILITY EASEMENT I
BEARINGS AND DIMENSIONS SHOWN ARE
BASED ON THE PLAT OF GOLDEN GATE
ESTATES, UNIT 67, COLLIER COUNTY, FL. I
TRACT 11 3
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NOT TO SCALE
LEGAL DESCRIPTlON AND SKETCH PREPARED BY McKlM&CREED, PA
STATE OF FLORIDA CERllFICATE OF AUTHORIZATION No. LB 6566.
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CLIENT: COLLIER CO. I CH2MHILL
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JEFFR~. SllLL - PROFESSIONAL SURVEYOR ANO MAPPER
STATE OF FLORIOA REGISTRA1l0N LICENSE No. LS 6369
PROJECT: OIL WELL ROAO
DATE: APTlL 18, 2007
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6241 MC WAY
FORT MYERS, FLORIDA, 33912
PHONE: (239) 276-8875 F"ax: (239) 275-7029
FLORIDA CERllFICATE OF AUTHORIZATION No. La 6566
INTERNET SITE: HTTP://WWW.MCKlMCREEC.COM
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