Parcel 713COLLIER COUNTY TRANSPORTATION DIVISION
DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT
RIGHT-OF-WAY ACQUISITION OFFICE
MEMORANDUM
DATE:
TO:
FROM:
November 5, 2003
Sue Filson, Executive Manager - BCC
File
Paul Young, Right-of-Way Property Acquisition Specialist
Phone number: 239-213-5884
Vanderbilt Beach Road (Parcel 713, Folio 00282520007
Attached please find the original TDRE Agreement for Parcel 713, Vanderbilt Beach
Road - Project 63051 for execution by Chairman Tom Henning.
This property is part of the acquisition approved by the BCC pursuant to a Girl 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 TDRE Agreement on behalf of the Purchaser (BCC) and forward to the
Board Minutes and Records for attestation by the Clerk.
Thank you!
PROJECT: Vanderbilt Beach Road
PARCEL: 713
FOLIO: a portion of 00282520007
TDRE AGREEMENT
THIS TDRE AGREEMENT (hereinaftej; referred to as the "Agreement") is made and
entered into on this 7..~-'-- day of ~c~-~'¢f-, 2003, by and between ZOM
VANDERBILT, LTD., A Florida Limited Partnership (hereinafter referred to as "Owner"),
whose mailing address is 1950 Summit Park Drive, Suite 300, Orlando, FL 32810-5931,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. 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: I I"Z-
WITNESSES:
BOARD OF C(~UNTY C?/MMISSlONERS
COLLi E R ..C~NTY, ~Ri DA
BY: .--.~~ ~.,
TOM HENNING, Chairman ~r
ZOM VANDERBILT, LTD., a Florida
Limited Partnership
Witness (Signature)
(Print)
By: ZOM DEVELOPMENT, INC., a Florida For Profit Corporation, General
W it ¢{~"~ (Signat~'~e)
Name:
(Print)
Approved as to form and
legal sufficiency:
Ellen T. Chadwell
Assistant County Attorney
Donation Agreement 2
P.O.C.
PARCEL
71.3
L22
Z
XF'~
zr-'
WEST LINE SECTION
I
EXISTING
NORTH ,~
ROW LINE '~
aJ
31
0 50' 100' 200'
SCALE: 1"-- 100'
DESCRIPTION:
Being a portion of ZOM Vanderbilt, LTD. recorded in
O.R. Book 2307, Page 2144 of the Official Records
of Collier County and located in Section 6, Township
49 South, Range 26 East, Collier County, Florida,
and being more particularly descripted os follows:
Commencing at the Northwest corner of Section 6,
Township 49 South, Range 26 East, Collier County,
Florida; Thence South 89°55'46'' East, runs along
the South right-of-way line of Vonderbilt Beach
Rood for o distance of 52`3.94 feet to the POINT
OF BEGINNING; thence continue along said line
""OJECT NO.= ~,5~ I~^"CEL NO.=
CLIENT:
South 89'55'46" East for o distance of 92.4.3 feet;
thence South 00'07'20" West ,34.99 feet; thence
North 89'52'33" West 92.43 feet; thence North
00'07'20" East 54.90 feet to the POINT OF
BEGINNING.
Containing 0.07 acres, more or less.
ANDREW B. BECK, P.S.M. (FOR THE FIRM)
FLA. LJC./NO. 6065
~/?//~-~ (DATE SIGNED)
NOr Vi(LID wITHOuT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CERTIFICATE OF AUTHORIZATION LB //4.3
COLLIER COUNTY DEPARTMENT
OF TRAN~RTA"rION
WilspnMiller
I~ · ~ . ~ . ~urveyoca · L~I~..N~ Arch~ · Tnmlpor~lt~l Co~
fKlaonlW~, hc.
,Jun 11, 2003 - 07:47:49 KTHOblPSOIX:~SUR\O4224~VANDY~lL572-A.dwc
I TITLE;
DATE:
o~/~
~tKETCH AND DESCRIPTION
'I~7~:~tARY C~TION EF.4~MENT
IPROJECT NO.:
04224~
tSHEET NUMBER: I FILE biO,:
13 OF ~ IL-372A
Notes:
1. This is not a survey.
2. Basis of bearing is the South line of
Vanderbilt Beach Rood being N 89'55'46" W
Florida State Plane Coordinates NAD 83/90,
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.
LINE TABLE
LINE LENG TH BEARING
L 21 92. 43; S89 '55 '46 "E
L22 $4.99 S00'07'20
L 25 92. 4.71 N89'52 '`73'W
L 24 ,74. 90 NO0'O