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Parcel 714C/Roppolo PROJECT: 60161 County Barn Road PP.RCEL No(s): 714C FOLIO No(s): a portion of 00427320004 TORE AGREEMENT THIS TORE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this l.-;J -It day of ~n..J,:>v , 2006, by and between MARTIN ROPPOLO, a widower, (hereinafter referred to as "Owner"), whose mailing address is 5619 Wendy Lane, Naples, FI 34112, 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 Oriveway 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 is the sole owner of the lands described in Exhibit "A" and desires to convey said TORE to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the TORE NOW, THEREFORE, in consideration of these premises set forth above, the sum of Ten Oollars ($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 for the sum of $1,500.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 8 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the Easement conveyed, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, and all other damages in connection with conveyance of said Easement to County, including all attorney's fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. At Closing, County shall pay to Bella Y. Patel the sum of $1,000.00 for legal fees. 3. Owner shall deliver the properly executed TORE instrument to County at Closing. 4. Owner is aware and understands that this Agreement is subject to the acceptance 2.~d ~I)Dr0v2! t'\J' !re !3C-::lrIj ('If C'OI...r.t\l GnmlT'li~c::innprc:: nf r.nllip.r r.0tmtv Florida. I I J ., 5. The County shall pay for all costs of recording the TORE instrument in the Public Records of Collier .County, Florida. Temporary Driveway Restoration Easement Agreement Page 2 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. County shall pay all fees to record any curative instruments required to clear title, all Easement recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien, or other encumbrance recorded against the property underlying the Easement; provided however that apportionment and distribution of the full compensation amount in Paragraph 2 which may required by any mortgagee, lien-holder, or other encumbrance-holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to Owner per Paragraph 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 parties have caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: Resolution No. 2006-39, Agenda item #10 (C), dated February 14, 2006. AS TO COUNTY: f t ..... i.., f DATED:_~2.i f!,/ L::J... , I' ATTEST: . . DWIGHT E. BR'OCK, Clerk ~~ ~~ru- ... . ' ,deputy Clerk I' to Oil fruit s s f Qf!~tlJr, O(l} ,II BOARD OF COUNTY COMMISSIONERS COLLIER C~ ~ BY:~ ~ Frank Halas, Chairman Temporary Driveway Restoration Easement Agreement AS TO OWNER: MARTIN ROPPOLO WITNESSES: << tv~ --Witness (Signature) ~ NameiJhllY CJ) ~~~-L.. Print) By: J.,ytM, t;;;:,-tfFJ -W~ 6 ~l"~TI;-f R(">.Pr=-'cL c' ( Print Name) itness Name: ~ND( L. CZ>t( (Print) Approved as to form and legal sufficiency: ~~ Ellen T. Chadwell Assistant County Attorney Page 3 It EXHIBIT Ii " PaQe_ 1 of - - TEMPoMRV DRIVEWAY RES10RA11DNEASEM~NT (DU AAT~ I VIARS FROM COMMEt.cIJE~ 01 CONSTRUCTION), PROJECT NOl 60101 ,PROJECT PARCEL NOl 714 C SHEET .L OF .L I 20' J LEGAL DESCRIPTION AND SKETCH -C Z~ TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSIDP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA WEST PROPERTY LINE \g .... ""-l THE WEST 52 FEET OF EAST 152 FEET OF NORTH 15 FEET OF THE NW 114 OF THE NW [14 OF SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COllIER COUNTY, fLORIDA. THE I I I I I t::: co I I 1!::.... I Des I I 66 I I bi I I I I [ I I I I I I I ~I I ~ I I ~ I [ ai I I g.; I ) ~ I f ll..: [ I ~ I I g,: I ~I [, I I I , ! I ~ I I I I I I I I I f;1 I I~ : l....:l I rill: 16' I --1 I - r-- . R/W UM 'I: 2681 LEGAL DESCRIPTION - PARCEL NO. 714 C ~ f,5 ~ ll..: ~ ~ MARTlN ROBPOLO FOLIO NUMBER: 00427320004 O.R. 657, PG. 797 52' TEMPORARY DRNEWAY RESTORATION EASEMENT LEOEND. . RIW . RIOHT OF "AY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PO. . PACE PSU . PROFESSIONAL SURVEYOR 8 UAPPER C.R. . COUNTY ROAD O.R. . OFFICIAL RECORD LX/STING so' fKJADNAY, ORAlN"" 8t UTILITY EASEMENT ~ RIW FOR COUNTY BARN ROAD (C.R. 268) (WIDTH VARIES) \'AST ~:TY LINE. WESTERLY RIW LINE OF COUNTY BARN ROAD (C.R. COUNIT BARN ROAD (C.R. 268) r;~American ' llIra Consulting Engineers of Florida, LLC 4111 Land 0' Lakes Blvd. Suite 210 Land 0' Lakes, FlorIda 34639 Phone: (813) 996-2800 Fax: (813) 996-1908 Certlfloate of AuthorIzation No. 7110 Joel C. McGee, P..s.M. No. 6430 NW Y.4 OF THE NW Y.4 SECTION /7 NE Y.4 OF THE NW Y.4 SECT/ON /7 COl.LIER COUNTY DEPARTMENT OF' TRA.NSPoRTA7TON DRAWN BY. JCM CHECKED BY. SP DRAWING DATE. OS-IS-OS SCALEr J H.40'