Parcel 701
PROJECT: 60005
PARCEL No.: 701
FOLIO No.: 61940640006
TORE AGREEMENT
THIS TDRE AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this I<;^ day of '\AU~ ' 2006, by and between 2150 N.
GOODLETTE ROAD, INC., a Florida corporation erelnafter referred to as "Owner"), whose
mailing address is 2900 SW 28th Terrace 5th Floor, Miami, Florida 33133 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 TDRE to County at no charge to the County.
3. Owner shall deliver the properly executed TDRE 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,
Temporary Driveway Restoration Easement Agreement
Page 2
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 parties have caused these presents to be executed
the date and year first above written.
DATE ACQUISITION APPROVED BY BCC: June 14, 2005, Resolution 2005-223, Item 16(B)8
AS TO COUNTY:
DATED: VI"( (Of,
~
i ','., put Clerk
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AS TO OWNER")' ,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY~
BY: ~ ~~/
Frank Halas, Chairman
ATTEST:
DWIGHT E. !3ROp~: Clerk
WITNESSES:
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~'t/~0.A)/ 1-/ ,./~
Witness (Si~ature)
Name: 01-1(1 tl(C'r //11(/1
(Print)
~(S~
Name:;:b,I17f<Y Skt:J-;J/r~
(Print) I
2150 N. GOODLETTE ROAD, INC., a
a Florida corporation
V
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(5'ignature)
Nll..l.IO'-t.~ ~ CIA 1\, \"f...
(Name)
GL ~I..~
(Title)
Approved as to form and
legal sufficiency:
kd~
~lIen T. Chadwell
Assistant County Attorney
THIS CONVEYANCE ACCEPTED BY TtE
BOARD OF COUNTY COMMISSIONERS.
COlLIER COUNTY, FLORIDA,
PURSUANT T~ AGENDA, ( )
DATED: ~/14 6S ITEM NO. Ie, 8 ?;
~6SOL0110rJ; 2oo~' 2'27
SECTION 27, TOWNSHIP 49 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
PARCEL NO. 701
PROPERTY OWNER: 5/3 BANK
REFERENCE: O.R. 3773, PG. 1287
LINE
L1
L2
L3
L4
L5
P.O.C.
P.O.B.
R.O,W.
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0
SCALE: 1" = 50'
LINE TABLE
LENGTH
14.02
45.00
35.00
45.00
35.00
BEARING
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NOO'39'49"W
N89'20'11"E
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PARCEL 701
PROPOSED T.C,E.
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EXHIBIT A
Page I ~~
LEGAL DESCRIPTION..A Q..SKETCH SHEET 1 OF 2
DESCRIPTION: PARCEL ')'01'
CLIENT: COLLIER COUNTY;"
BY:
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
.....
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:::::: UNDAGE.IMC.
Professional engineers. planners, & land 8urveybrs
Cow.. COUllt,yl Butt. 1100, 70&00 'hmIUIll TrUJ, Harilll Rapl... J'L MUMI (21')581-:1111
t... C01Dlt,r, Salt. 101. UN HUldr7 lftIoHt, Port. ..,.,... PI. alllJOI (U')aN-lITa
CM"WIoab Dr .lutborlu.Uq No., Ul .. u. D 111M rUt (1811_-1103
GEO E .W. HACKNE . 1".5.'-1. NO, 5606
SCALE: 1"- 50' DATE: JUNE 17. 2005
DRAWN BY: GWH. PROJECT NO.: 8081 GR
ACAD NO:9116 50701 FILE NO:~
SECTION 27, TOWNSHIP 49 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 27, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS;
W
COMMENCING A T THE NORTHWESTERL Y CORNER OF THE 5/3 BANK PROPERTY AS
DESCRIBED IN OFFICIAL RECORDS BOOK 3773, PAGE 1287 SAID POINT ALSO LYING
ON THE EASTERLY RIGHT OF WA Y LINE OF GOOOLETTE FRAMK ROAD (C.R. 851)
(170' R.O. W) AND SAID POINT ALSO BEING THE SOU TH WESTERL Y CORNER OF THE
COLLIER COUNTY PROPERTY AS RECORDED IN OFFICIAL RECORDS BOOK 3534 PAGE
1749 AND 1753 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA;
THENCE SOUTH 00'39'49" EAST ALONG THE EASTERL Y R.O. W LINE OF SAID
GOODLETTE FRANK ROAD A DISTANCE OF 14.02 FEET TO THE POINT OF BEGINNING
OF THE PARCEL HERDN BEING DESCRIBED;
THENCE LEAVING SAID LINE NORTH 89'20'11" EAST A DISTANCE OF 35.00 FEET;
THENCE SOUTH 00'39'49" EAST ALONG A LINE 35.00 FEET EASTERL Y OF AND
PARALLEL WITH SAID R.O. W LINE A DISTANCE OF 45.00 FEET;
THENCE SOUTH 89'20'11" WEST TO AN INTERSECTION WITH THE AFORESAID R.O.W
LINE A DISTANCE OF 35.00 FEET;
THENCE NORTH 00'39'49" WEST ALONG SAID R.O. W LINE A DISTANCE OF 45.00
FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 1575 SQUARE FEET OF LAND MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD;
ABSTRACT NOT REVIEWED.
EXHIBIT A
Page I of Z-
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II::: 1\RBER &
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...... RUNDAGE,lNc.
Professional engineers, planners, & land surveyors
COWer County: Sutte 200, 7400 TII.D:l1I.1ll.1 Tra11, North: Napln. n. 34108 (23Il)l5n-3111
Lee COUllty: Sutte 101, 1826 ae.dry Stnet, Porl ~.... PI. :!IallO! (UII)3M-1173
Cort1t:loete of AuthortzaUOD. NOI. Ul SlIM anol Ell 3158" Par. (231)IlA-2203
LEGAL DESCRIPTION AN.DSkETt;;H; SHEET 2 OF 2
DESCRIPTION: PARCEL 701 (:.! .'" ,_,
CLIENT: COLLIER COUNTY T ANSPORTATION, IVISION ,
BY:
20JUL05
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
. At NE ,. P,S.M. NO. 5606
N. T.S. . DATE: JUNE 17 2005
DRAWN BY: GWH PROJECT NO.: 8081-GR
ACAD NO: 9116-SD701 FILE NO: 9116