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Parcel 723 ~~ 3552378 OR: 3727 PG: 1840 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, PL 02/03/2005 at 11:02AM DWIGHT B. BROCK, CLBRK RBC FEB 35.50 COPIBS 4.00 PROJECT: Rattlesnake Hammock Road PARCEL No: 723 FOLIO No: 62030000021 Retn: CLERK TO THB BOARD INTBROFFICB 4TH FLOOR BXT 7240 TDRE AGREEMENT THIS TORE AGRE~ENT (herei~ter referred to as the "Agreement") is made and entered into on this ~ day of t: ceJ'Ý\ ~[,1\..-2eJ04, by and between NAPLES LAKES COUNTRY CLUB HOMEOWNERS ASSOCIATION, INC., a Florida corporation (hereinafter referred to as "Owner"), whose mailing address is 4784 Inverness Club Drive, Naples, Florida 34112-2970, 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 "TORE") 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 a smooth transition between Owner's existing driveway and the new roadway, 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 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 TORE 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 TORE shall commence upon its recording in the Public Records of Collier County, Florida. OR: 3727 PG: 1841 Page 2 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: OCTOBER 28, 2003 - RESOLUTION NO. 2003-371, AGENDA ITEM NO. 16B4. AS TO COUNTY: DATED: o'l - () ( - too ç- ATTEST: D~~~~~1~Ít~:ROCK, Clerk , ...... Ø" ~.~,. "'" " , . BOARD OF COUNTY COMMISSIONERS GB:LLlER ~L~:t~ FR.EÞ ~,CoYL£)Chairman '.0:. . . ,. ..,,~--¡. "':" '.' 0 t ',', ,...,r '.,,') .i,.v., ~. ". ..... . epu Y ,.. ."." "Ii,l(:·t"':r··· ~ ,-, ~ At~!.~:.~.:}~;!ÇtL·drman·! "~~g~~t'~~!"J~~ (('1-.<" ....'€_~.~ AS)4Ø¡QWMER: WITNESSES: NAPLES LAKES COUNTRY CLUB HOMEOWNERS ASSOCIATION, INC., a Florida corporation .£¿ /~krlcJ/J Witness (Signature) <--.. Name:' ~. /2- ~;& J adT Witnés (Signature) ~ Name: . let L' U (Print) J By: // ~"'''' '( ~O?elJ, r :) . S~1)\dÞ- (Name) P1Le5)2t~ (Title) Approved as to form and legal sufficiency: c-cM rL ¡ / '-- Heidi F~ AShton' ./ Assistant County Attorney I OR: 3727 PG: 1842 SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCE:L NO. 723 PROPE:RTY OWNE:R; NAPLES LAKES COUNJRY CLUB RE:FE:RE:NC(; O,R, 2601. PO 650 STRAP NO,; 506900 R 15815 8 .. .... '" " ~'" ~II: i~ §SI b~ r1 i5~ r,i ~ _ ¡- _ _,! ~ ~'" ~~ ~ I,= a.: ...~ S::~ I ~ ~~ Q; '" I ~ I Q./ i'" I " as! g~ 8 i~ 1f1'~ .. I I ~ -~ ~I I ::! ð !tI ~ I ...~ ¡:;: ~.... Vj I L~ ~ d~ 15~ I ~ ~ >-~ 11: fJ I..J II£ST UHf OF SOU"'lAST OV...."'" ~I!: t! ~ -~ ~ S£cnON 'oS, J'1MI. .50 s., RGC. " r '"'\ ~ N OOïr27-ë 1S72..u i- L-.. .~ ~ § ~_ I ~~ :;!~~"'f/'....SQV;~,s~:.,,;.rr:.J ~~ ~!: ¡~ S¡ ij~ rEMPORARYDRIVEWAY ~~?<: I !t; ;~ RESTORATION EASEMENT ~~ ~~ I II! ~~ ~ ~ : I:~ I ~::! 8 I ~¡ I ;~ ~: ~i ~ ''JLIO NO. l.od..OSbOCX1%)I I ¡¡~ I ~ d 01 (j d a.: ~ ~ ~ i~ I if! -=:::::::r- Z --c:::I SCALE: I" = 80' I I I I , I I 1 I I I I I I ~ I d I a.! I . .. I \< ¡ ~ ~I! t) : II -.; I ~ ;II I!: I : ~¡ t4 ~ I ~ t~ I ~ I ~ ",I ~ ~ I i ~ j, ; ~ ~ Õ I , : :! ¡ i ¡ ~ I I 1 i ¡! i I I, il i I I ~~¡ ¡ ~I: , IT ,.. I I;§ I I ':J I I ~ I Id¡ I I I :~ I~ ~ : i ri ~..; ~III a~ ~./ i5S1 ~~ :2 <- \I) ~ ~ ~ ~ ~ ~ i5 ~¡: ~ !¡;: fJ ð ~~¡ ~ ,<~IO Q:: ~~¡ ¡ ~'" g III :::j ... ~ ~ (,) ~ " I I I I I I I I I I 1 .1 I I I I I "" -¡: ~øi¡)fJ ~""i5~ ~~~~ ~...._IO ~~~¡ ~'" P,O,C. POINT OF COMMENCMENT P.O,B. POINT OF BEGINNING R,O.W, = RIGHT-OF-WAY LEGAL DESCRIPTION AND SKETCH SHEET ,. OF 2 THIS lEGAL DESCRIPTION AND SKETCH PREPARED 8Y: DESCRIPTION: PARCEL 723 ..... CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION :::: GNOLI ..... :: ::: RBER it. ..... :::::: RUNDAGE._ ProJ...tonal anew..n. plaa.ntln, Ie land .uneyort c.w.. c._tTJ N\e IH, 'foOl ,........a, Tr6Ü. lferQ ".~... n. ...." ("U!~''P.111l * ~:..~ :s.':~= :~ ':::\.. ~~n,:::" rr. .~: l:::a:;:~~ 1/15/04 8'1': G 0 E . HACKN Y, P.S.M. NO. 5606 SCALE: '1 ~ - BO' DA TE: oCr 7 2003 DRAWN BY:...:...-J.ð..ti PROJECT NO.:~ "CAD NO:B672-S01B FILE NO: B672 EXHIBIT It Page I of ~ ,; ., *** OR: 3727 PG: 1843 *** SECTION 15, TOWNSHIP 50 SOU TH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 723 THE NORTH 19.00 FEET OF THE SOUTH 44.00 FEET OF TRACT "R" (INVERNESS CLUB DRIVE) OF NAPLES LAKES COUNTRY CLUB AS RECORDED IN PLAT BOOK 33 8 PAGES 8 THROUGH 15 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWESTERLY-MOST CORNER OF SAID TRACT "R" SAID CORNER LYING ON THENORTHERL Y RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD AND ALSO BEING THE SOUTHEASTERLY MOST CORNER OF GOLF COURSE MAINTENANCE TRACT OF SAID PLAT; THENCE NORTH 87'48'34" EAST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 25,00 FEET; THENCE LEAVING SAID LINE NORTH 2'11'26" WEST A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED: THENCE NORTH 87'48'34" EAST ALONG A LINE 25,00 FEET NORTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 96,00 FEET TO THE EASTERL Y LINE OF SAID TRACT "R"; THENCE NORTH 2'11'19" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 19.00 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 87'48'34' WEST ALONG A LINE 44.00 FEET NORTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 96,00 FEET TO THE WESTERLY LINE OF SAID TRACT "R"; THENCE LEAVING SAID LINE SOUTH 2'11 '19" EAST ALONG SAID WESTERLY LINE A DISTANCE OF 19,00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBEO; CONTAINING 1,824 SQUARE FEET OF LAND MORE OR LESS; TEMPORARY DRIVEWAY RESTORATION EASEMENT FOLIO NO. GéZ0.341®Q ( LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 723 ..... CLIENT: COLLIER COUNTY TRANSPORTA TlO DIVISION .... .... ..... ..... ..... ...... II:::: RIJNDAGE,... Prot...lona) .nlll1....., pl.anen, AI land IUTVWTOTl ç.au.. CWaQI hl~ 100, "'Of Tud.... Tr.... .....Ull If_,. n auOl 1..1)1.'....1.. L.. c....1f': h.... 101, Jill "-*7 .....i,. ,." 1111... n. htol ..I)n'-IU I CerWI,.", .t h\Mrill.u.. ""' La .... ... .. IM4 'aD H&taII-lII. 1/15/04 EV; P.S.M. NO. 5606 OA TE: ,. OCT 7 2003 PROJECT NO.:~ FILE NO: 8672 BY: EXH\ß\1'- A- - J of~" Page ,.¡;;;;¿--