Parcel 242TDRE
PROJECT: 60168 - Phase 1
PARCEL No(s): 242TORE
FOLIO No(s): 37549560003
TEMPORARY DRIVEWAY RESTORATION EASEMENT AGREEMENT
THIS TEMPORARY DRIVEWAY RESTORATION EASEMENT AGREEMENT
(hereinafter referred to as the "Agreement") is made and entered into on this J3- day
of ~\ l\.u , 2009, by and between ZARA lEYVA, whose mailing address is
10 Wil~n Blvd. N, Naples, FL 34120, (hereinafter referred to as "Owner"), 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. The County shall pay for all costs of recording the TORE instrument in the
Public Records of Collier County, Florida.
5. 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.
6. The TORE shall commence upon its recording in the Public Records of
Collier County, Florida.
7. 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.
8. This Agreement is governed and construed in accordance with the laws of
the State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO PURCHASER:
BY:
DONNA
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~ t"eu'Y C OJ2;nNt+-.
Name (Print or Type)
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Witnes:(Signatu~ )
ZARA LEYVA
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Name (Print or Type)
Approved as to form and
legal sufficiency:
~"'b\0~
Assi nt County Attorney
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VANDERBILT BEACH ROAD
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LEYVA, ARMANDO & ZARA R G" r
OR 2480/1806 PROPOSED L Vl
PARCEL 242 TDRE
189 SQ. FT.
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TRACT 133
NORTH 150' OF
TRACT 134
TRACT 134
GOLDEN GATE ESTATES
UNIT 1 9
PLAT BOOK 7, PAGE 78
WATERWAYS JOINT VENTURE IV
OR 3890/166
10th AVENUE NW
SQUARE FEET
ROADWAY, DRAINAGE AND UTILITY EASEMENT
OFFICIAL RECORDS (BOOK/PAGE)
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 78
SQ. FT.
RDUE:
OR
LEGAL DESCRIPTION (PARCEL 242 TDRE)
"'em
700
--~
.' .Immmmm ,',... ....
LENGTH
83.10
67.56
21.79
8.55
21.79
8.84
A PORTION OF TRACT 134, GOLDEN GATE ESTATES UNIT 19, AS RECORDED IN PLAT BOOK 7, PAGE 78, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY,
FLORIDA, ElEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 134
THENCE S89' 31 '49" W. ALONG THE NORTH LINE OF SAID TRACT 134 FOR 83.00 FEET:
THENCE 5.00'28'50" E. FOR 67.56 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
THENCE CONTINUE S.00'28'50"E. FOR 21.79 FEET;
THENCE S89' 31 '10" W. FOR 8.55 FEET;
THENCE N,01'14'49"W. FOR 21.79 FEET;
THENCE N.89'31'10"E. FOR 8.84 FEET; TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN.
CONTAINING 189 SQUARE FEET M,ORE OR LESS
BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE.
() 00 J;;O
SKETCH & DESCRIPTION ONLY I
NOT A BOUNDARY SURVEY SCALE: 1"=120'
FOR: COLLIER COUNTY GOVERNMENT bOARD OF COUNTY COMMISSIONERS
VANDERBILT BEACH ROAD EXTENSION
SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY DRIVEWAY
PARCEL 242 TDRE RESTORATION EASEMENT
COLLIER COUNTY, FLORIDA
JOB NUMBER
060119.00.00
SCALE
1" == 120'
240
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LINE
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LINE TABLE
BEARING
S89'31, 49"W
500'28'50"E
500'28'50"E
589'31'10"W
N01'14' 49"W
N89'31'10"E
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D\lT^~C.~on
CONSULTING avllFngiDeeriog
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6610 Willow Park Olive, Suite 200
Naples, Aorlda 34109
Phona: (239) 597-0575 FAX: (239) 597-0578
LB No.: 6952
FILE NAME
UN 19SK242TDRE
SHEET
OF 1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Otlice. The completed routing slip and original
documents are to be forwarded to the Board Otlice only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exce tion of the Chairman's si nature, draw a line throu h routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin order
1.
(The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive
summar). Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BeC Chairman's signature are to be delivered to the BeC otlice only after the BCe has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
$::.}y-\' U- '-
\ - \ t)'
\ L,. Number of Original
","'~~'rI'\~,,^,'~ Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
appro riate.
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval ofthe
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
Sl nature and initials are re uired,
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
PLEASE scan under in the BMR Real Property Folder, Thank you.
2.
3.
4.
//
5.
B
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
I.
2.
3.
4.
5.
6.
,~0
2
Yes
(Initial)
N/A (Not
A licable)
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DATE RECEIVED:
REQUEST FOR LEGAL SERVICES
DATE:
7/10/2009
TO:
Jennifer B. White, Assistant County Attorney
j/ FROM:
RE: 4:00 FILE
Sonja Stephenson
~vJ- \ .\'S.oq
TDRE Agreement and Easement Agreement - Zara Leyva 60168-242
ACTION REQUESTED:
to Sue Filson. Thank you.
Please approve as to form and legal SUffiCi~CI ~; lonei'd w
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