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Parcel 703 PROJECT: Rattlesnake Hammock Road PARCEL: 703 TDRE AGREEMENT THIS TDRE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this 21?TH day of 0cTÙ.8 E-Æ.. , 2004, by and between HUNTINGTON WOODS HOMEOWNERS ASSOCIATION OF NAPLES, INC., a Florida corporation (hereinafter referred to as "Owner"), whose mailing address is 6064 Huntington Woods Drive, Naples, Florida 34112-2981, 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 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 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. 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 TORE to County at no charge to the County. 3. Owner shall deliver the properly executed TORE instrument to County within 30 days of the date of this Agreement. 4. 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. 5. The County shall pay for all costs of recording the TDRE instrument in the Public Records of Collier County, Florida. 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, This Agreement may only be amended in writing by the parties hereto. 9. 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: to / l.~ / ')...003' AS TO COUNTY: DATED: í O,(:~/~004 '. t.., " '- . ATTEST: . ". '. DWIGHT E."BROCK..eler :( :\ , . . ' '. ...., . . ~ ~; ~dJ.~q. 0¿i<J~QOo,((/C ~'}>" '~Clerk Attest ilS'/to ¡hi t~n' s sig..ature 0111,. BOARD OF COUNTY COMMISSIONERS COLLIER COUN ,FLORIDA / d~ la, Chairman AS TO OWNER: WITNESSES: Huntington Woods Homeowners Association of Naples, Inc., a Florida corporation ~c{ /4 j}¿'¿<~1 Witness (Signature) (j Name: 'ï? fØ rlf I), rn E\fé-?( J:' ~~.' Witness (Signature) Name: f(é)EtlT f.,{. BoscH (Print) BY:~i¿~~ Geraldine Harvatt, President Approved as to form and legal sufficiency: al._~~ Ellen T. Chadwell ssist Attorney Item # \ (p ß4:. Agenda lD ..2.~..()3 Date ~~d l{).. Z6 ~~ ltC 2 · ::2.. SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 703 PROPERTY OWNER: EDWARD A, LlEBHABER REFERENCE: O.R. 1333, PG. 1858 STRAP NO,: 502616138.0265816 ~ d <0:2 ~ ~IR --0 ~~=>~ ~ t- _!k:o> if¡ ~~~2 '" w 810iò ~ ~ <0 ~1XI~1:I ~~ _tC) C\ "I(a:!/).... ~ t5 0 ~¡ 1= cJd~~ 0 ~ ~ + >- ~g: C\ <:( m II) ~ ~~ ~ Q:: t 0 \oJ IXI / ~ :::> ~ 0 ~ !Ii ~ ll) <:> ~ ::æ: ~ oC f:b :i :2 co ~ ~ 0 f5-~ ~ Q ~~~ 8311 ~ ~ _d 2 <.> a¿ (f) ffia.~ ~! ~ <o- S ::J M' iõ " ..( :1 iò 51 ~ i -1:1 (l,G. ~ ç:: ~ &!~~ ª <.> ~Oll. b1 ~ ~ IXIg ~ ßa:1I) 0 0 ~ d + 0 :x: ~ ~ 3-Z--<=={ SCALE: 1" = 80' !I! I ~ I I i I I Q, I I ä I I ~ I ~ I ¡; I '" I ~ I ~. I ~ 1 ~~ ~ ~~ I ~ I iln ~I '"' I I ~ ~ ! , g I - , I '--' ¡ I~ I ~ I o¿ '" cJ I ~ I i I~ 0::: I g I ~ I~ :t I &i I ~ " ~ " ~ I!' ~w'C( I~I :: 0::: I i I "'.,j I ~ I ::ï I a¿ I ¡!;5! . ~~ ~ I , I I I ~ => cJ !k: - ;õ!:i!::~ ..... tC) ,..:·8 i5~~ ~~ª ~'«~ !.&JQ.t'>I 0::: .~ !f)~"" ~Q)1l. Q. "I; 'C( ~81!: ~ II) IXI o¿ d t- if¡ W <0 C'\ t5 ~ IW ~ t :::> ~ 0 ll) f:b ~ ~ 2 c:;¡ ~ ç:: <.> b¡ ,., - <0 ~ i!::~ .....1/) ~q;~ g~§ ~"I(ë;¡ <ca.co ~ ~~tC) ss".... ~Il. "I; ~~ g a: d I<)W ~~iì . "'..: IX! tjl<A ~ <J :¡¡ Q. Q:: - ~B:~ I, f I ~ ~ I~ iii ", <.:I ' I ~ I~ I !II I::? IJ I~ I I , I i I ! ~w r..>æ 8 , I Ij d I ~ I ~~ ~ I ~ I \oJ' ", 3~ ~ ~ , ¡., I ~ I ~! i I ~I '" I ~ I , ~ I , it, I 1-1 3t",3t3t3t I' , . , \., ~~~~~ Pr-~r-P gmg:a ; "''''''''''''' 5! ~ :in:: ~ I~~~:;j~ fa co ~õ~ ~8 ~Q~ co ~Æ~ ~i!::~ :x:=>1l. ft-'g Vi II) o o + ~ ~:;!j3:!j~ TEMPORARY DRIVEWAY RESTORATION EASEMENT I , I I I ,-~OLIO NO..fQ.JfQ3j20000 P.O.C. STA. 185+02.50 P.O.C. P.O,B. R.O.W. = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY LEGAL DESCRIPTION. AND SKETCH SHEET 1 OF 2 THIS LEGAL DEscRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL, 70.3 CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION ....!J\ ::::tlGNOU ·····1 I:::; ~BER & ...... ...... ...... RUNDAGE,IIfc, Professional engineers, planners, & land surveyors com.. County: !III1u 100, 7400 Tamlaml trail, lIorth; lIapl.., rL 114108 (VU)OV7-81 U Le. C.un!.r- lluiu 101, le2S B......,. Street, Fort 111.'0, rL 88VOI (VU)SS7-UU Certltloau of ...thor!JoaUo. II... tB _ ....4 18 SSM Fox: (VU &es-IIOS BY: 1/15/04 EY, P,S.M. NO, 5606 DA TE: OCT. 3. 2003 PROJECT NO.: 8315 ~LE NO: 8672 GEO SCALE: 1", = 80' DRAWN BY: JAN ACAD NO:8672-SD9 , ' EXHIBit Page :l - f1 of ;¡ SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, rLORIDA LEGAL DESCRIPTION OF PARCEL 703 ALL THAT PART OF THE SOUTH 1/2 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING PART OF HUNTINGTON WOODS CONDOMINIUM PROPERTY LYING NORTHERLY OF RATTLESNAKE HAMMOCK ROAD (C,R. 864) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16; THENCE SOUTH 89"13'46" EAST ALONG THE SOUTH LINE OF SAID SECTION 16 AND THE SURVEY BASELINE OF SAID RATTLESNAKE HAMMOCK ROAD A DISTANCE OF 460,05 FEET; THENCE NORTH 0'46'14" EAST A DISTANCE OF 50.00 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID RATTLESNAKE HAMMOCK ROAD; THENCE NORTH 0'07'43" EAST A DISTANCE OF 17.52 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE NORTH 0'07'43" WEST A DISTANCE OF 21.50 FEET; THENCE SOUTH 89"13'46" EAST ALONG A LINE 39.00 FEET NORTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 54,05 FEET; THENCE LEAVING SAID LINE SOUTH 0'46'14" WEST A DISTANCE OF 21.50; THENCE NORTH 89"13'46" WEST ALONG A LINE 17.50 FEET NORTHERLY OF AND PARALLEL TO SAID RIGHT OF WAY LINE A DISTANCE OF 53.71 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1,158 SQUARE FEET OF LAND MORE OR LESS; TEMPORARY DRIVEWAY RESTORATION EASEMENT =OLIO NO..C)(JqQQ~OOo ....!I\ !!E!fi"tGNOLI ::::: BER & ...... ...... ...... RUNDAGE,mc, Professional engineers. planners. & land surveyors com... c.....t" Bulte 200. 7400 TomIam1 Trell. N.rth, Napl.., n. 84108 1841)887-8111 1.<0. County: llalte 101, 1828 R......,. str..t, r.rt ~..... n. 88801 841)887-8111 c.rtJf o.te of Authorls&Uo.. N... LD 8884 ..., 18 88M rim (1141)98-8208 , \ LEGAL DESCRIPTION, AND SKETCH ?HEET 2 OF 2 DESCRIPTION: PARCEL 703 /) . CLIENT: COLLIER COUNTY TRANS\,Ç>R AllON D SIaN BY: 1/15/04 GEaR SCALE:!. N;:r.S;:: DRAWN BY: ' JAN ACAD NO:8672-SD9 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: