Parcel 720COLLIER COUNTY TRANSPORTATION DIVISION
DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT
RIGHT-OF-WAY ACQUISITION OFFICE
MEMORANDUM
DATE:
TO:
FROM:
October 24, 2003
Sue Filson, Executive Manager - BCC
File
Paul Young, Right-of-Way Property Acquisition Specialist
Phone number: 239-213-5884
Vanderbilt Beach Road (Parcel # 720 - a portion of folio 80400000109)
Attached please find the original TDRE AGREEMENT for signature by Commissioner
Tom Henning on behalf of the Board of County Commissioners.
This property is part of the acquisition approved by the BCC pursuant to a Gift and
Purchase Resolution No. 2002-463, dated November 5, 2002 the Agenda Item Number was 10-
B. The Account Number is 313 163673
Please sign this Agreement on behalf of the Collier County (BCC) and forward to the
Board Minutes and Records for attestation by the Clerk.
Thank you!
PROJECT: Vanderbilt Beach Road
PARCEL: 720
FOLIO: a portion of 80400000109
TDRE AGREEMENT
THIS TDRE AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this ~_L~ day of Oc.to~¢.¢', 2003, by and between VILLAGE WALK
HOMEOWNERS ASSOCIATION OF NAPLES, INC., a Florida Non-Profit Corporation
(hereinafter referred to as "Owner"), whose mailing address is 3200 Village Walk Circle, Suite
100, Naples, FI. 34109-1316, 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 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. If Owner's lands are held in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, Owner shall
make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of
the name and address of every person having a beneficial interest in the Property before the
Property held in such capacity is conveyed to County, its successors and assigns. (If the
corporation is registered with the Federal Securities Exchange Commission or registered
pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is
hereby exempt from the provisions of Chapter 286, Florida Statutes.)
8. 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:
ATTEST;
DWIGIS~ E. BROCK, C!~rk
ALt,.;..S~ as 'tO Cha'~llt~ Clerk
AS TO OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER ~Y' ~,~TIDA o
BY:
TOI~3-'RE~N]N G.'~ h a i rrna n~,,
WITNESSES:
Witness (Signature)
Name: /(///I~/E' ~". . (Print)
Witness (Signa~e)-
Name: ~~ (Print)
Approved as to form and
legal sufficiency:
~E~ t. Chadw~l] - '
Assistant County AEorney
VILLAGE WALK HOMEOWNERS
ASSOCIATION OF NAPLES, INC., a
Florida Non- Profit Corporation
Name:
(Print)
Title: Vi ~-~ &ZS t o ~ ~J1-
Donation Agreement 2
?
,CT "D"
gE WALK
PHA~;E ONE,
PLAT,BOOK' 24,
P~G~S 31-35
~ P.O.B.
TRACT "a"..j,~ ~
L48
TRACT "C"
~ ppLLAGE WALK
SE ONE,
PLAI~BOOK 24,
31-3L
'..
EXISTING
NORTH
ROW LINE
__/P,O,C, I
%"N 1/4 CORNER
SECTION 6-49-26~
.,,-.-15°
L42
PARCEL
72O
TrY
CD-
~'"L 46 <~. 0
t--CD
_JZ
Z
.<
-I
40'
0 50' 100' 200'
SCALE: 1"= 100'
LINE TABLE
LINE LENGTH BEARING
L 42 15. 0.3 S00'04 '22 "W
L 43 15. O0 S89 '59 '.32"E
L44 15. O0 NO0'04 '47"E
L 45 1.30. O0 S89'55 '? 3"E
L46 10. O0 S00'04 '47"W
L47 15.00 S89'54'50"E
L 48 46. 54 S00'04 '4 7"W
L 49 160. O0 N89'55 '39 "W
L 50 41.56 NO0'04 '4
Notes:
1. This is not o survey.
2. Basis of bearing is the North line of
Vonderbilt Beach Rood being N 89'55'46" W
Florida State Plane Coordinates NAD 83/90,
East Zone.
5. Subject to easements, reservations and
restrictions of record.
4. Easements shown hereon ore per plot,
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.
DESCRIPTION:
A portion of Tract "A", Tract "C" & Tract "D",
Village Walk, Phase One, as recorded in Plat Book
24, pages 31,-35 in the Public Records of Collier
County, Florida, and the Southwesterly corner of the
North 1/4 Corner of Section 6 Township 49 South
Range 26 East, being more particularly described os
follows:
Commencing at the Southwest Corner of the North
1/4 corner of said Section 6, Collier County,
Florida; thence South 89'55'38" East, along the
South right-of-way line of Vonderbilt Beach Rood,
for o distance of 252.82 feet; thence South
00'04'22" West 15.03 .feet to the POINT. OF
BEGINNING; thence South 89'59'32" East 15.00 feet;
thence North 00'04'47" East 15.00 feet; thence
South 89'54'50" East 130.00 feet; thence South
00'04'47" West 10.00 feet; thence South 89'55'39"
East 15.00 feet; thence South 00'04'47" West
46.54 feet; thence North 89'55'39" .West 160.00
feet; thence North 00'04'47" East 41.56 feet to the
POINT OF BEGINNING.
Containing 0.20 acres, more or less.
REV, I.) REVISED PARCEL 720, 08-12-03
ANDREW B. BECK, P.S.M. (FOR THE FIRM)
F~A.~ ~C. ,~10. 6065
~ (DATE SIGNED) .
NOT VA~_ID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CERTIFICATE OF AUTHORIZATION LB #43
PROJECT NO.: ~ I PARCEL NO. : 720
WilspnMiller
Aug 12, 2003 - 11:39:29 MLAMUREIX:\SUR\04224\VANDYyL372-A.dwg
CLIENT:
TITLE:
DATE:
COL.L/ER COUNTY DEPARTMENT
Oi= ~,.~POFrrAT/ON
~KETCH AND DESCRIFTION
IPROJECT NO.:
ISHEET NUUBER: I FiLE NO.:
· ,o OF ~ IL-372A