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Parcel 705 Memorand u m TO: Sue Filson Executive Manager Board of County Commissioners FROM: Debbie Armstrong (þ)~ Acquisition Specialist Transportation - Right-of-Way Office DATE: May 5, 2004 RE: Immokalee Road, Project No. 66042 Parcel 705 Transmitted for your further handling is a TDRE Agreement for a Temporary Driveway Restoration Easement acquisition of Parcel 705 required for the Immokalee Road improvements project, which the Board authorized the Chairman to execute on its behalf on September 24, 2002, Resolution 2002-417 Item 10-1. Please have the Chairman execute the attached TDRE Agreement and forward to the Clerk for attestation. The instrument may then be returned to this office. Please do not hesitate to call (213-5874) if you have any questions or if I may be of any assistance. Thank you. Thank you. Attachment Transportation Right-at-Way Office - . PROJECT: Immokalee Road #66042 PARCEL: 705 TDRE AGREEMENT THIS TDRE AGRE§.MENT ~aiter referred to as the "Agreement") is made and entered into on this :aD~ay of OL1 L.- , 2004, by and between RIVERCHASE COMMONS OWNERS' ASSOCIATION, INC. (hereinafter referred to as "Owner"), whose mailing address is 4901 Tamiami Trail North, Naples, Florida 34103-3010, 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 "TDRE") 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 TDRE 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 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 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. Owner shall convey the TDRE to County at no charge to the County. 2. Owner shall deliver the properly executed TDRE 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 TDRE 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 Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: September 24, 2002 (Resolution No. 2002-417) AS TO PURCHASER: DAT~D~""""~,' g,~L " .Of:h '.I!) " ,.,f(j¡~.........~,:- " Ar~l~- , .~:"" '(j.'I, BOARD OF COUNTY COMMISSIONERS ~'1iŒ~,,~ i~~r,,~~':~R~~1\ 'Ç\lerk COLLIER COUNTY, FLORIDA ", , .-, "" " ", ',"",.',' ,.~' a ' ",. .' "". ..... " ~ ~. '" ¡/, .. ~, '; , . " I ~": ", /:';,,"~:';v hA ~ '. '../ , ,,';; I:: !: ' . . O. G. BY: A i .~..........' d~ ~ \~. . ,..99 <, ler~ Donna Piala, Chairman 11 tfl q1." Ifr'8ln S S (j(l,~~tJfe~ðñll. AS TO OWNER: ~SES: I . J '. ~ ~~'-r-- , Witness (Signature) Name: ,7'1/ß/1 £ &/¡e..~,ße;) By: (Prinij S ~ y_. -~~4"1L- Print Name , '}If- () Name:~t:t'el'l (?eH,'#¿~ VlCA:- .é.~ '"~~ (Print) Title Approved as to form and legal sufficiency: kv~ Ellen T. Chadwell Assistant County Attorney llem # 10 ¡ A9ftfld-q ð4 . Date - 'fJ, ð- Date t::::;..t::: :f Reç'd' J oJ-O Donation Agreement 2 --- .... . .-. -' HM HOLE MONTES ENGINEERS, PLANNERS, SURVEYORS 950 Encore Way. Naples, Florida 34110' Phone 239.254.2000' Fax: 239.254.2075 HM PROJECT #2000067 4121/04 REF. DWG. #B-3793 PARCEL NO. 705 LEGAL DESCRIPTION A PORTION OF RIVERCHASE BOULEV ARD (TRACT "1") OF RIVERCHASE COMMONS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 32 AT PAGES 20 AND 21 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE CENTERLINE OF RIVERCHASE BOULEVARD (TRACT "1"), WITH THE NORTHERLY RIGHT -OF- WAY LINE OF IMMOKALEE ROAD, THE SAME BEING A POINT ON THE BOUNDARY OF RlVERCHASE COMMONS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 32 AT PAGES 20 AND 2,1 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89°45'55"W., ALONG THE BOUNDARY OF SAID RIVERCHASE COMMONS AND ALONG THE NORTHERLY RIGHT-OF-W A Y LINE OF IMMOKALEE ROAD, FOR A DIST ANCE OF 65.42 FEET TO A POINT ON THE WESTERLY BOUNDARY OF RIVERCHASE BOULEVARD, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N.Ooo14'O5"E., A DISTANCE OF 25.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE WESTERLY BOUNDARY OF RIVERCHASE BOULEVARD AND ALONG THE ARC OF SAID CURVE TO urn LEFf, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 70°05'34", SUB TENDED BY A CHORD OF 28.71 FEET AT A BEARINGOFN.55°11 '18"E., FOR A DISTANCE OF 30.58 FEET TO THE END OF SAID CURVE; THENCE RUN S.89°26'48"E. FOR A DISTANCE OF 83.18 FEET TO A POINT ON THE EASTERLY BOUNDARY OF RIVERCHASE BOULEVARD, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS N.69°11 , 47"E., A DISTANCE OF 25.00 FEET THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE EASTERLY BOUNDARY OF RIVERCHASE BOULEV ARD AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 68°57'42", SUB TENDED BY ACHORD OF 28.31 FEET AT A BEARING OF S.55°17'04"E., FOR A DISTANCE OF 30.09 FEET TO THE MOST SOUTHEASTERLY CORNER OF RIVERCHASE BOULEVARD, THE SAME BEING A POINT ON THE BOUNDARY OF SAID RIVER CHASE COMMONS AND A POINT ON THE NORTHERLY RIGHT -OF-W A Y LINE OF IMMOKALEE ROAD; THENCE RUN N.89°45'55"W., ALONG THE BOUNDARY OF SAID RIVERCHASE COMMONS AND ALONG THE NORTHERLY RIGHT-OF-W A Y LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 64.59 FEET TO THE POINT OF BEGINNING; CONTAINING 1660.0 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY RIGHT -OF- WAY LINE OF IMMOKALEE ROAD, AS BEING N.89°45'55"W. HOLE MONTES, INe. CERTIFICATION OF AUTHORIZATION LB #1772 BY IJ~ 1«, ~/ P.S.M. #5628 E~H'6rr -Ï: ., .' THOJ'v'j\S . M . PHY STATE OF FLORIDA page..-L-- of w,'2nOO\10001J<i7\LEGALDESB37".d" ì~anìe: c i'or!. IVlvel':' VerllCl ~ _. ----, - 2 0 -0 ",::t) 0 Q > CD --it) <D~ Z ~<D~~ ~.. -0 Q z ~ N OO-oOr I 0 > > ~ ~ m ø ¡Tj ¡Tj ~ CD G') ..... loTi 0° fTl I rV .¡. .¡. a--i GJ m .... 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