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Parcel 715B COLLIER COUNTY TRANSPORTATION DIVISION DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT RIGHT -OF- WAY ACQUISITION OFFICE MEMORANDUM DATE: October 4, 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 115 (a portion of 27167500206) TDRE Agreement 715A, TCE Agreement 715B Attached please find the original Purchase Agreement for parcel 115, TDRE Agreement for parcel 715A, and TCE Agreement for parcel 715B, for signature by the Chairman on behalf of the Board of County Commissioners. Parcels 715 A and B are 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 10-1. - Parcel 115 is part of the Condemnation Resolution 2004-35, Agenda Item 10 D approved 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! (.::: " l~~' to c 'f Hi ,j ,> ^.. ..~-_...._-_._-^ ._~--_.~- PROJECT: 66042 PARCEL: 715B FOLIO: a portion of 27167500206 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered by and between COLLIER DEVELOPMENT CORPORATION, a Florida corporation whose mailing address is 3003 Tamiami Trail N., Naples, FL 34103-2714 (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 $600.00, 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. Temporary Construction Easement Agreement 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. 5. Owner represents that, to the best of its knowledge, 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 6. Purchaser shall pay for all recording fees for the TCE. 7. 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. 8. This Agreement is governed and construed in accordance with the laws of the State of Florida. 9. 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 parties hereto have executed this Temporary Construction Easement Agreement on this _ 5"ti.- day of ()cTh' ~ , 2004. Dated Project/Acquisition Approved by BCC: September 24, 2002, Item 10-1, Resolution 2002-417 Temporary Construction Easement Agreement AS TO PURCHASER: DATED: (Ò~ 0'1 ATTEST: D\~{~<~f. Ft.< BROCK, Clerk ~J.'.,,- ":~;'.'.. -....¿.'}, . .~. "",," ....'.)~ " 0,( r flerk WITNESSES: ~('¡ ¿r- (Si nature) D.R.Cxin1 (Printed Name) ~ '~ ¡ll. ¡Pllli. ¡y,.} ( Ignature) Elizabeth M. DiIHngham (Printed Name) Approved as to form and ~iCi~Y~ ./ Ellen T. Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FLORIDA BY: COLLIER DEVELOPMENT CORPORATION a Florida corporation BYjµoOM U.Watk Signature ~.~. U ";,n n{-\. tv aj ·f ~. Printed name , VI ce P/t':;/ntt1t Title Temporary Construction Easement Agreement ,-. ~ HM HOLE MONTES ENGINEERS, PLANNERS, SURVEYORS 950 Encore Way· Naples, Florida 34110 . Phone: 239.254.2000' Fax: 239.254.2075 (t Ij EXHIBIT A Page-L œ 1.,- HM PROJECT #2000067 12/04/03 REF. DWG. #B-4470 PARCEL NO. 715-B LEGAL DESCRIPTION A PORTION OF TRACT B OF COLLIER HEALTH PARK ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT PAGES 50 AND 51 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST SOUTHEASTERLY CORNER OF TRACT "B-1" OF THE PLAT OF TRACT "B-1" ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 42 AND 43 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.oooll '09"E., FOR A DISTANCE OF 23.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF- WAY LINE OF IMMOKALEE ROAD THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED AND THE SAME BEING THE BEGINNING OF A CIRCULAR CURVE CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS N.0001I'09"E., A DISTANCE OF 50.00 FEET THEREFROM; THENCE RUN ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 25°50'31" SUB TENDED BY A CHORD OF 22.36 FEET AT A BEARING OF N.76°53'36"W., FOR A DISTANCE OF 22.55 FEET TO THE END OF SAID CURVE; THENCE RUN 8.89°48'51"E., FOR A DISTANCE OF 23.89 FEET; THENCE RUN S.0001I'14"W., FOR A DISTANCE OF 5.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD; THENCE RUNN.89°48'51"W., ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD FOR A DISTANCE OF 2.09 FEET TO THE POINT OF BEGINNING; CONTAINING 83,9 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE WESTERLY BOUNDARY OF TRACT "B-1" ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 42 AND 43 OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N.OO° 11 '09"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 BY ~,!st Ml~~~~';~OR1DA W:\2000\2000067\l.EOAlDESB4470.doc. Naples' Fort Myers' Venice EXHIBIT tA 1/ ~ ).. of ;L J\2000067\ TAKE SKETCHES\SE22-B-TE-B,clwg T<lb' Model Dec 04, 2003 - 10'44<lM Plottecl by, BenNoweU <:) ~ ;0 (') » ^ ~ ~ ~ID r ~ ~ o 0 » » ¡:;:j ¡:;:j '" '" ¿, ¿, loI loI "tJ :T ~~g ~~!'! z ~g.E-[~ !tncø:O Õ.-· P1 ::33:N"'~ zir~ro ?a I "'~ ~""N"" ....,·O....~ ¡j 2. g Ô~ ~~itl¡¡;~ ~ 1!~I!I1,c I;. 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