Parcel 707
COLLIER COUNTY TRANSPORTATION DIVISION
DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT
RIGHT-OF-W A Y ACQUISITION OFFICE
MEMORANDUM
DATE:
July 28, 2004
TO:
Sue Filson, Executive Manager - BCC
FROM:
Paul Young, Right-of-Way Property Acquisition Specialist
Phone number: 239-213-5884
RE:
Immokalee Road - project 66042, parcel 707 (a portion of 27185003251)
Attached please find the original TDRE Agreement for signature by the Chairman on
behalf of the Board of County Commissioners.
This property is part of the acquisition approved by the BCC pursuant to a Gift and
Purchase Resolution No. 2002-417, dated September 24,2002 the Agenda Item Number was W-
I. The Account Number is 331 163650.
Please sign this Agreement on behalf of the Purchaser (BCC) and forward to the Board
Minutes and Records for attestation by the Clerk.
Thank you!
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PROJECT: Immokalee Road - 66042
PARCEL: 707
FOLIO: a portion of 27185003251
TDRE AGREEMENT
THIS TORE AGREEMENT (her 'naf er referred to as the "Agreement") is made and
entered into on this a-q It day of , 2004, by and between COLLIER'S
RESERVE ASSOCIATION,INC., A FI ida ot-for-profit corporation (hereinafter referred to
as "Owner"), whose mailing address is 1255 Creekside Parkway, Naples, Florida 34108-
1936, 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
3411 2,
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a Temporary
Driveway Restoration Easement (hereinafter referred to as "TORE") described in Exhibit "B"
(attached hereto and made a part of this Agreement) 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 the
proposed driveway transitioning 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 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 rights stated herein 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 2002-417)
AS TO COUNTY:
DATED: l' 12ft fo~
ATTEST:
DWIGHT E. B.I3O'~'Ki~'r'k.""
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AS TO OWNEF1:~ ~tH,n~~....·'·
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BOARD OF COUNTY COMMISSIONERS
COLLIER CO Y, FLORIDA
BY:
Oonna ala, Chairman
WITNESSES:
dk~.CþdkA
Witness (Signature)
Name: AlaNf S. -¡¡¡;fú,~
(Print)
COLLIER'S RESERVE ASSOCIATION, INC.,
a Florida not-for-profit corporation
BY/þ¿ ø¿þ-l!
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Name: v~/~2k ().
(Print)
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(Title)
cSc;;;-E. M"~S7D"J
(Printed Name)
Approved as to form and
legal sufficiency:
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Ellen T. Chadwell
Assistant County Attorney
Item # )Q I
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HOLE MONTES
ENGINEERS, PLANNERS, SURVEYORS
950 Encore Way· Naples, Florida 34110' Phone: 239.254.2000' Fax; 239.254.2099
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EXHIBIT 11 po.
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HM PROJECT #2000067
7/17/3
REF. DWG. #B-3794
PARCEL NO. 707
LEGAL DESCRIPTION
A PORTION OF COLLIER'S RESERVE DRIVE (TRACT R) OF COLLIER'S RESERVE ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF THE CENTERLINE OF COLLIER'S RESERVE DRIVE (TRACT R) WITH THE
NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD AS THE SAME IS SHOWN ON THE PLAT OF
COLLIER'S RESERVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59
THROUGH 87 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON
THE BOUNDARY OF SAID COLLIER'S RESERVE; THENCE RUN N.89°45'55"W., ALONG THE BOUNDARY OF
SAID COLLIER'S RESERVE AND ALONG THE NORTHERLY RIGHT -OF- WAY LINE OF IMMOKALEE ROAD,
FOR A DISTANCE OF 90.00 FEET TO A POINT ON THE WESTERLY RIGHT -OF- WAY LINE OF COLLIER'S
RESERVE DRIVE, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY,
WHOSE RADIUS POINT BEARS N.00014'05"E" A DISTANCE OF 25.00 FEET THEREFROM; THENCE RUN
NORTHEASTERLY, ALONG SAID WESTERLY RIGHT-OF-WAY LINE AND ALONG THE ARC OF SAID CURVE
TO THE LEFr, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90°00'00", SUB TENDED
BY A CHORD OF 35.36 FEET AT A BEARING OF N.45°14'05"E., FOR A DISTANCE OF 39.27 FEET TO THE END
OF SAID CURVE; THENCE RUN N.00014 '05"E., ALONG SAID WESTERLY RIGHT -OF- WAY LINE, FOR A
DISTANCE OF 14.00 FEET; THENCE RUN S.89°45'55"E. FOR A DISTANCE OF 130.00 FEET TO A POINT ON
THE EASTERLY RIGHT-OF-WAY LINE OF COLLIER'S RESERVE DRIVE; THENCE RUN S.00014'05''W., ALONG
SAID EASTERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 14.00 FEET TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE, CONCA VB NORTHEASTERLY; THENCE RUN SOUTHEASTERLY ALONG
SAID EASTERLY RIGHT -OF- WAY LINE AND ALONG THE ARC OF SAID CURVE TO THE LEFr, HAVING A
RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90°00'00", SUBTENDED BY A CHORD OF 35.36
FEET AT A BEARING OF S.44°45'55"E., FOR A DISTANCE OF 39.27 FEET TO THE MOST SOUTHEASTERLY
CORNER OF COLLIER'S RESERVE DRIVE, THE SAME BEING A POINT ON THE BOUNDARY OF SAID
COLLIER'S RESERVE AND A POINT ON THE NORTHERLY RIGHT -OF- WAY LINE OF IMMOKALEE ROAD;
THENCE RUN N.89°45'55''W., ALONG THE BOUNDARY OF SAID COLLIER'S RESERVE AND ALONG THE
NORTHERLY RIGHT -OF- WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 90.00 FEET TO THE POINT
OF BEGINNING; CONTAINING 5338.3 SQUARE FEET, MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESER V AT IONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE SOUTHERLY BOUNDARY OF COLLIER'S RESERVE ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, AS BEING N.89°45'55"W.
HOLE MONTES, INC. ,
CERTIFICATION OF AUTH(jRl'ZAJJON L,B #1772
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PROJECT:
PARCEL:
FOLIO:
Immokalee Road - 66042
707
a portion of 27185003251
EXHIBIT 'i(3 if
Pøge-L d....:;L
TEMPORARY DRIVEWAY RESTORATION EASEMENT
THIS EASEMENT is granted this day of ,2004, by
COLLIER'S RESERVE ASSOCIATION, INC., a Florida not-for-profit corporation
(hereinafter referred to as "Grantor") to COLLIER COUNTY, a political subdivision of
the State of Florida, its successors and assigns, (hereinafter referred to as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and their respective heirs, legal representatives, successors or
assigns, Grantor and Grantee are used for singular or plural, as the context requires.)
WITNESSETH, that the Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which
is hereby acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a
Temporary Driveway Restoration Easement to enter upon the lands described as
follows (the" Easement Area"):
See attached Exhibit "A", which is
incorporated herein by reference,
The subject property IS NOT the Homestead Property of the Grantor.
The Easement Area shall be used by Grantee for the purpose of filling, grading
and placing concrete, asphalt or rock, on Easement Area for the purpose(s) of
constructing, with materials of like kind, a driveway/turnout and/or to provide for
continuous transition between the existing driveway and the newly constructed
roadway, sidewalk, and drainage improvements on Immokalee Road. This Temporary
Driveway Restoration Easement shall expire on November 1, 2008. Grantee will
restore the surface of the Easement Area to its original condition,
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be
executed the day and year first above written.
WITNESSES:
COLLIER'S RESERVE ASSOCIATION, INC.,
a Florida not-for-profit corporation
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itne s (Signature)
Name:~£. fØ~
(Print)
BY:~ø~
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~¡-E: hb~~u
(Printed Name)
exHIBIT '8 jf
Page~ õt:j:
STATE OF /-"Z()i!./P"p
COUNTY OF. ~'E¿
This Temporary Drlv~estO,"lion
J..IQ day of
~personallY known to me
Easement was aCk~~ed before me this
, 2004, by S{.4 dllao ~ who:
OR
__ who produced
(affix notarial seal)
NOTARY PUBLIC II q
Seria~Commlssion #, ~' f k
My Commission Expires: t ~
Prepared by:
Ellen T. Chadwell, Es~lrt
Offic~ ~f ~h~ County Attorney
j~)l E~~t Tamlaml Trail
Naples, Florida 3411Z
(941) 774-8-400
é':·'·:~8"C CHARLES J. HOAR
... £W .. MY COMMISSION # DO 128891
"~. EXPIRES: July 8, 2006
~"~O"f....<:fr-~ Bonded nru Bu~gel Notary S.rviœs
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... f'$". "",> :,::)Unty AttornlJ
len L, Chadwlll
HM
HOLE MONTES
ENGINEERS, PLANNERS· SURVEYORS
950 Encore Way· NapJes, Florida 34110 . Phone: 239.254.2000 . Fax; 2392542099
EXHIBIT · A I,
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HM PROJECT 1#2000067
7/17/3
REF. DWG. #B-3794
PARCEL NO. 707
LEGAL DESCRIPTION
A PORTION OF COLLIER'S RESERVE DRIVE (TRACT R) OF COLLIER'S RESERVE ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF THE CENTERLINE OF COLLIER'S RESERVE DRIVE (TRACT R) WITH THE
NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD AS THE SAME IS SHOWN ON THE PLAT OF
COLLIER'S RESERVE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59
THROUGH 87 OF THE PUBLIC RECORDS.oF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON
THE BOUNDARY OF SAID COLLIER'S RESERVE; THENCE RUN N.89°45'55"W., ALONG THE BOUNDARY OF
SAID COLLIER'S RESERVE AND ALONG THE NORTHERLY RIGHT -OF-WAY LINE OF IMMOKALEE ROAD,
FOR A DISTANCE OF 90.00 FEET TO A POINT ON THE WESTERLY RIGHT -OF- WAY LINE OF COLLIER'S
RESERVE DRIVE, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCA VE NORTHWESTERLY,
WHOSE RADIUS POINT BEARS N,00014'05''E., A DISTANCE OF 25.00 FEET THEREFROM; THENCE RUN
NORTHEASTERLY, ALONG SAID WESTERLY RIGlIT-OF-WAY LINE AND ALONG THE ARC OF SAID CURVE
TO THE LEFf, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90°00'00", SUB TENDED
BY A CHORD OF 35,36 FEET AT A BEARING OF N.45°14'05''E., FOR A DISTANCE OF 39,27 FEET TO THE END
OF SAID CURVE; THENCE RUN N.ooo14'05"E., ALONG SAID WESTERLY RIGHT-OF-WAY LINE, FOR A
DISTANCE OF 14,00 FEET; THENCE RUN S.89°45'55',£, FOR A DISTANCE OF 130.00 FEET TO A POINT ON
THE EASTERLY RIGHT-OF-WAY LINE OF COLLIER'S RESERVE DRIVE; THENCE RUN S.ooo14'05"W., ALONG
SAID EASTERLY RIGHT -OF- WAY LINE FOR A DISTANCE OF 14,00 FEET TO THE BEGINNING OF A
T ANGENT-IAL CIRCULAR CURVE, CONCA VB NORTHEASTERLY; THENCE RUN SOUTHEASTERLY ALONG
SAID EASTERLY RIGHT -OF- WAY LINE AND ALONG THE ARC OF SAID CURVE TO THE LEFI', HAVING A
RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90°00'00", SUB TENDED BY A CHORD OF 35.36
FEET AT A BEARING OF S,44°45'55"E., FOR A DISTANCE OF 39.27 FEET TO THE MOST SOUTHEASTERLY
CORNER OF COUlER'S RESERVE DRIVE, THE SAME BEING A POINT ON THE BOUNDARY OF SAID
COLLIER'S RESERVE AND A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD;
THENCE RUN N.89°45'55'W., ALONG THE BOUNDARY OF SAID COLLIER'S RESERVE AND ALONG THE
NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 90.00 FEET TO THE POINT
OF BEGINNING; CONTAINING 5338.3 SQUARE FEET, MORE OR LESS.
TIllS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD,
BEARINGS REFER TO THE SOUTHERLY BOUNDARY OF COLLIER'S RESERVE ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, AS BEING N.89°45'55"W,
HOLE MONTES, INC.
CERTIFICATION OF AUTIIÓRl'ZÄTIONLB #1772
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