Parcel 713
COLLIER COUNTY TRANSPORTATION DIVISION
DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT
RIGHT-OF-WAY ACQUISITION OFFICE
MEMORANDUM
DATE:
(..
August;y' 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 713 (a portion of 27185002508)
Attached please find the original TCE 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 Resolution
2004-35, Agenda item 10 D, dated January 27,2004.
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: 66042
PARCEL: 713
FOLIO: a portion of 27185002508
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered by and between AW NAPLES,
LLC, a Florida limited liability company whose mailing address is 7458 N. Harlem
Avenue, Chicago, II 60631-4404 (hereinafter referred to as "Owner"), and 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 the "Purchaser");
WHEREAS, the Purchaser requires a Temporary Construction Easement
(hereinafter referred to as "TCE") over, under, upon and across the lands described in
Exhibit "A", which is attached hereto and made a part of this Agreement, (hereinafter
referred to as the "Property") to provide room to maneuver equipment and material in
order to construct utility, sidewalk, and roadway improvements in the Purchaser's
existing right-of-way that is adjacent to the Property; and
WHEREAS, the Owner desires to convey the TCE to the Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, the Purchaser has agreed to compensate the Owner for the granting
of the TCE over, under, upon, and across the Property.
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 are hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. The above recitals are true and correct and are made a part of this Agreement.
2. Owner shall convey the TCE to Purchaser for the sum of $33,300.00, payable by
County Warrant (said transaction hereinafter referred to as the "Closing"). Said
payment shall be full compensation for the TCE conveyed, including all
landscaping, trees, shrubs, improvements, and fixtures located thereon, and for
any damages resulting to Owner's remaining lands, and for all other damages in
connection with conveyance of said TCE to Purchaser, including all attorney's
fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes.
Purchaser shall use its best efforts to restore the existing landscaping, asphalt,
utilities, plantings, light fixtures (if any) and any other items within the TCE area to
their original condition. It is mutually understood that the Property is being
acquired under threat of condemnation.
3. Both Owner and Purchaser agree that time is of the essence in regard to the
closing and therefore, said closing shall occur within sixty (60) days of the
execution of the Agreement by Purchaser. At closing, Owner shall deliver a TCE
to Purchaser in a form acceptable to Purchaser and Purchaser shall deliver the
County Warrant to Owner.
4. Conveyance of the TCE, or any interest in the Property, by the Owner is
contingent upon no other provisions, conditions, or premises other than those so
stated herein; 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.
Temporary Construction Easement Agreement
5. Owner represents that the Property and all uses of the Property have been and
presently are in compliance with all Federal, State and Local environmental laws;
that no hazardous substances have been generated, stored, treated or transferred
on the Property except as specifically disclosed to the County; that the Owner has
no knowledge of any spill or environmental law violation on any property
contiguous to or in the vicinity of the Property to be sold to the County, that the
seller has not received notice and otherwise has no knowledge of a) any spill on
the Property, b) any existing or threatened environmental lien against the Property
or c) any lawsuit, proceeding or investigation regarding the generation, storage,
treatment, spill or transfer of hazardous substances on the Property. This
provision shall survive closing and is not deemed satisfied by conveyance of title.
6. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the
County against and from, and to reimburse the County with respect to, any and all
damages, claims, liabilities, laws, costs and expenses (including without limitation
reasonable paralegal and attorney fees and expenses whether in court, out of
court, in bankruptcy or administrative proceedings or on appeal), penalties or fines
incurred by or asserted against the County by reason or arising out of the breach
of owner's representation under Section 5. This provision shall survive closing and
is not deemed satisfied by conveyance of title.
7. Purchaser shall pay for all recording fees for the TCE.
8. Owner agrees to grant the TCE for the purpose of maneuvering equipment and
material in order to construct utility, sidewalk, and roadway improvements in the
Purchaser's existing right-of-way that is adjacent to the Property. This TCE shall
expire on November 1, 2007. In the event that the construction of the utility and
sidewalk improvements has not been completed by November 1, 2007, the
Purchaser reserves the right to record in the Public Records of Collier County a
Notice of Time Extension which shall grant a one (1) year time extension until
November 1, 2008, for the completion of said construction. Owner shall be
provided with a copy of the recorded Notice of Time Extension.
9. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
10. 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 trustee, and assignees whenever
the context so requires or admits.
IN WITNESS WHEREOF, the partie!3 hereto have executed this Temporary
Construction Easement Agreement on this fø h day of ~ú-+- , 2004.
Dated Project/Acquisition Approved by BCC: January 27,2004, Resolution 2004-35,
Agenda Item 10 D.
Temporary Construction Easement Agreement
AS TO PURCHASER:
DATED: "',& !~,/ þ y
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ATTË~J5:'" ."'" >':"'''ì.o. \
DWIGB'i~·.êRciÒ~~lerk
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Y Clerk
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AS TO OWNER:
DATED:
WITNESSES:
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p.,Ic.( tA-- c. Æ-It t;; '(
rt'\,inted Name)
UdQL~
(Signatu re)
~,..J ¡JC L &. ~ 'Reo "f I~
(Printed Name)
Approved as to form and
legal sufficiency:
.bh- ~ ~_
Ellen T. Chadwell
Assistant County Attorney
Temporary Construction Easement Agreement
BOARD OF COUNTY COMMISSIONERS
COLLIER C TY, FLORdD
'__¿~ .f-.. _ /J
BY: vrrr--- ~
Donna lala, Chairman
AW NAPLES, LLC, a Florida limited liability
company
By
Sign
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Printed name
M~101"-
Title
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HM
HOLE MONTES
ENGINEERS· PLANNERS· SURVEYORS
950 Encore Way· Naples, Florida 34110, Phone: 239.254.2000' Fax: 239,254.2099
EXHIBIT r\
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HM PROJECT #2000067
7/17/3
REF. DWG. #B-3881
PARCEL NO. 713
LEGAL DESCRIPTION
A PORTION OF TRACT I OF COLLIER'S RESERVE ACCORDING TO THE PLAT TIffiREOF RECORDED IN
PLAT BOOK 20 AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCE AT THE MOST SOUTHEASTERLY CORNER OF TRACT I 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 NORTIffiRL Y RIGHT -OF-
WAY LINE OF IMMOKALEE ROAD; THENCE RUN N.89°48'51"W., ALONG THE SOUTHERLY BOUNDARY OF
SAID TRACT I AND ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 366.60 FEET TO
THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE
N.89°48'51"W., ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT I AND ALONG SAID NORTHERLY
RIGHT-OF-WAY LINE. FOR A DISTANCE OF 50.00 FEET; THENCE RUN N.Oooll '09"E. FOR A DISTANCE OF
25.00 FEET; THENCE RUN S.89°48'51 "E. FOR A DISTANCE OF 50.00 FEET; THENCE RUN S.00011 '09"W. FOR A
DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING; CONTAINING 1250.0 SQUARE FEET, MORE OR
LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE SOUTHERLY BOUNDARY OF TRACT I OF COLLIER'S RESERVE ACCORDING TO
THE PLAT TIffiREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA, AS BEING N.89°48'51"W,
HOLE MONTES, me.
CERTIFICATION OF AlJ'fHORIZATION LB #1772
BY
4-. #t. ~P.S.M. #5628
THOMAS M. ML ~ . f/ STATE OF FLORIDA
W;\2000\2000067\L.EGALDESB3381.doc
FOLIO NO.~
Naples' Fort Myers' Venice' Englewood
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HM
HOLE MONTES
ENGINEERS· Pl.ANNERS ' SURVEYORS
950 Encore Way· Naples, Florida 34110 ' Phone: 239.254.2000· Fax: 239.254.2075
LEGAL DESCRIPTION
EXHIBIT
p~ :3 of '-t
A
HM PROJECT #2000067
9/25/3
REF. DWG. #B-4398
PARCEL NO. 713-1
A PORTION OF TRACT I 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:
COMMENCE AT THE MOST SOUTHEASTERLY CORNER OF TRACT I 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; THENCE RUN N.89°48'51"W., ALONG THE SOUTHERLY
BOUNDARY OF SAID TRACT I, AND ALONG THE NORTH RIGHT-OF-WAY LINE OF IMMOKALEE ROAD,
FOR A DISTANCE OF 9.60 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED; THENCE CONTINUE N,89°48'51"W., ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT I,
AND ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID IMMOKALEE ROAD, FOR A DISTANCE OF 357,00
FEET; THENCE RUN N.Oooll '09"W., FOR A DISTANCE OF 15.00 FEET TO A POINT 15.00 FEET NORTHERLY
AS MEASURED AT RIGHT ANGLES TO THE NORTH RIGHT -OF- WAY LINE OF SAID IMMOKALEE ROAD;
THENCE RUN S.89°48'51 "E., PARALLEL TO THE NORTH RIGHT -OF- WAY LINE OF SAID IMMOKALEE ROAD,
FOR A DISTANCE OF 365.08 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID TRACT I; THENCE
RUN S.05°37'21"E., ALONG THE BOUNDARY OF SAID TRACT I, FOR A DISTANCE OF 0.86 FEET; THENCE
RUN S.30010'43"W., FOR A DISTANCE OF 16.33 FEET TO nIE POINT OF BEGINNING; CONTAINING 5,419.69
SQUARE FEET, MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE SOUTHERLY BOUNDARY OF TRACT I OF COLLIER'S RESERVE ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 TtffiOUGH87 OFTHEPUBL ICRECORDS
OF COLLIER COUNTY, FLORIDA, AS BEING S.89°48'51"E.
HOLE MONTES;'INC.
CERTIFICATION OF AUTHORIZATION LB #1772
BY ~'.' 14. '/Ø.nn4-t _/ P,S.M. #5628
., " THOMAS M. M'LrG:HY7 STATE OF FLORIDA
W:\200Q\2000067\LEGALDESB4397.doc
FOLIO NO.~1/~S(](lJC{J.~
Naples' Fort Myers' Venice
EXHIBIT A
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