Parcel 741TO:
FROM:
DATE:
RE:
Memorandum
Sue Filson
Executive Manager
Board of County Commissioners
Debbie Armstrong 0~'
Acquisition Specialist
Transportation - Right-of-Way Office
October 16, 2003
Vanderbilt Beach Road, Project No. 63051
Parcel 741
Transmitted for your further handling is an Easement Agreement for donation of a
Temporary Driveway Restoration Easement for the Vanderbilt Beach Road expansion
project, which the Board authorized the Chairman to execute on its behalf on November
5, 2002, Resolution 2002-463 Item 10B.
Please have the Chairman execute the attached Easement Agreement and forward to
the Clerk for attestation. The instrument may then be returned to this office.
Please do not hesitate to call (213-5874) if you have any questions or if I may be of any
assistance. Thank you.
Thank you.
AEachment
Transportation Right-of-Way Office
PROJECT: Vanderbilt Beach Road
PARCEL: 741
TDRE AGREEMENT
THIS TDRE AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this '~f'~day of ¢'~'f~'e~"~ ,2003, by and between ISLANDWALK
HOMEOWNERS ASSOCIATION INC. (hereinafter referred to as "Owner"), whose mailing
address is 6005 Vanderbilt Beach Road, Naples, FL 33119, 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 f~r~om the
proposed driveway transitioning 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. Owner shall convey the TDRE to County at no charge to the County.
2. Owner shall deliver the properly executed TDRE instrument to County within 30
days of the date of this Agreement.
3. 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.
4. The County shall pay for all costs of recording the TDRE 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. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the 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.
7. 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: November 5, 2002 (Resolution No. 2002-463)
AS TO COUNTY:
DATED: 10- ~
ATTEST:
DW!~ .GH' Tt;~,! BIR,oC K, Clerk
erk
~ttest as t°:.Cha~r~m's
AS TO OWNER:
WITNESSES:
Witness (Signature)
/Witne/~ (signa~re) "~
(Print) ~
BOARD OF COJ~NTY CO,~MISSIONERS
COLLIER C,OMNTY, ~Dt .
BY:
TOM HENNING, Chairman
ISLANDWALK HOMEOWNERS
ASSOCIATION INC.
Approved as to form and
le~//sufficiency: ,
~,,""~llen T. Chadwell
Assistant County Attorney
Donation Agreement 2
0
EXISTING
SOUTH ROW
LINE.
ZE~
OF
>.
P.O.C.
P.O.B. ~
PARCEL
741
EXHIBrr_ ..
Pi~_l
LINE TABLE
LINE LENG TH BEARING
L 101 25.05 $89'5J'16"E
L 102 J2.08 NOO'OO'45"W
L10J 12J. 67 S89'26'41"E
L 104 Jl. 09 $O0'JJ'21"W
L105 12J. J5 N89'5J'16"I4/ '
50' 100' 150'
SCALE: 1"= 100'
m
o
z
m
104
mO
Notes:
1. This Is not a survey.
2. Basis of bearing is the North llne of Vanderbllt
Beach Road being N 89'55' 16" W Florida State
Plane Coordinates, NAD 85/90, East Zone.
3. Subject to easements, reservations and
restrictions of record.
4. Easements shown hereon are per plat, unless
otherwise noted.
5. ROW represents Right of Way.
6. P.O.B. represents Point of Beginning.
7. P.O.C. represents Point of Commencement
8. C.U.E. represents County Utility Easement.
9. A.E. represents Access Easement.
10. D.E. represents Drainage Easement.
11. U.E. represents Utility Easement.
DESCRIPTION:
Being a portion of Tract "A", Islandwalk Phase One,
as recorded In Plot Book 29, Page 100 of the Public
Records of Collier County, Florlda, being more
particularly described as follows:
Commencing at the Southwest corner of Tract "A",
Islandwalk Phase One of said plat; thence
South 8953'16" East along the North right-of-way
line of Vanderbilt Beach Road, for a distance of
25.05 feet to the POINT OF BEGINNING; thence
North 00'00'45" West 32.08 feet; thence
South 89'26'41" East 123.67 feet; thence
South 00'33'21" West 31.09 feet, to the North
right-of-way line of Vanderbllt Beach Road; thence
along said line North 89'55'16" West 123.35 feet to
the POINT OF BEGINNING.
Containing 0.090 acres, more or less.
ANDREW B. BECK, P.S.M. (FOR THE FIRM)
FLA. ~.IC,~ NO. 6065
4:3~o,,~,~/~..~-~ (DATE SIGNED)
NO"r' '4'ALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CERTIFICATE OF AUTHORIZATION LB #43
PROJECT NO.:
741
WiisOnMiller
Jun 13. 2003 - 11:46:29 KTHOIvlPSOIX:~SUR\O4224\VANDYYL372-A.dwg
CUENT:
DATE:
o~/~oo~
IPROJECT NO.:
ISHEET NUkISER: I FILE NO.: