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Parcel 707COLLIER COUNTY TRANSPORTATION DIVISION DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT RIGHT-OF-WAY ACQUISITION OFFICE MEMORANDUM DATE: February 10, 2004 TO: Sue Filson, Executive Manager - BCC FROM: Paul Young, Right-of-Way Property Acquisition Specialist Phone number: 239-213-5884 Vanderbilt Beach Road (Parcel # 707, a portion of folio 47840000100) Attached please find the original TDRE AGREEMENT for Vanderbilt Beach Road - Project 63051 for execution by Chairman Donna Fiala. 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 Grantee (Collier County) and forward to the Board Minutes and Records for attestation by the Clerk. Thank you ! PROJECT: PARCEL: FOLIO: Vanderbilt Beach Road 7O7 a portion of 47840000100 TDRE AGREEMENT THIS TDRE AGREE~.~NT (hereinafter referred to as the "Agreement") is made and entered into on this '"'~'-day of February, 2004, by and between THE GROVES RESlDENT'S ASSOCIATION, INC., a Florida Non-Profit Corporation (hereinafter referred to as "Owner"), whose mailing address is 2480 Old Groves Rd, Naples, FI. 34109, 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. 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: ............ : ........ DWI G H.':P: .'.'~...R~ ~.~, ~J~erk '~-..-~ .. ~-~._ .. ¢~ -. _-- ,' ~; ,':,'- ', Attes( ~'¢: ~ ~'~: ~ .." AS TO OWNER: BOARD OF CO,.UNTY COMMISSIONERS COLLIER C/~TY' FLORID2 BY: %J,/~-., ~'~~ Donna fiialal Chairman WIT ES~,.~ Witness (Signa~ (Print) / Witness ('Signat~Te') Name.7-'~ (Print) THE GROVES RESIDENT'S ASSOCIATION, INC., a Florida Non- Profit Corporation N am e: -,"~/~//~/, ~,~,//~¢~ (Print) Title: Approved as to form and legal sufficiency Ellen T. Chadwell Assistant County Attorney Donation Agreement 2 EXIST1NG NORTH 0 100' 200' ,500' SCALE: 1"= 200' LINE TABLE LINE LENGTH BEARING L17 100. 95 S89'31 ' I S"E L 18 43.24 SOO"28'43"W L 19 100. 94 N89 "31 '18"W L20 42.29 NOO"28'43"E Z 18"E P.O.C, ii i 100.55' ~ PARCEL ~ i oqL ?= __JZ r'n~ rYu') ~> I I I I I I I SECTION 36 NOT PLATTED EXISTING 2~,' F.P.L. EASEMENT PER O.R. BOOK 1285, PAGES 1917-1919 PROJECT NO.= ~ 'IPARCEL NO.: 707 WIIS(]#MIIler Jun 11, 2003 - 07:47:49 KTHOMPSOIX:~$UR~O4224\VANDY~lL;372_A.dwg CUENT: DATE: o~/~x~ Notes: 1. This Is not o survey. 2. Basis of bearing Is the South line of Vonderbllt Beach Rood being N 89'51'18" W Florida State Plane Coordinates NAD 83/90, East Zone. .3. 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. 8. C.U.E. represents County Utility Easement. DESCRIPTION: Being a portion of Tract "A", The Groves Road, Plat Book 22, page 55 of the Publlc Records of Collier County, Florlda, being more particularly described as follows: Commencing at the Northwest corner of Tract "A", of sald plot; thence South 89'31'18" East, along the South right-of-way line of Vonderbilt Beach Road, for a distance of 100.55 feet to the POINT OF BEGINNING; thence South 89'31'18" East 100.95 feet; thence South 00'28'43" West 43.24 feet; thence North 89'31'18" West 100.94 feet; thence North 00'28'45" East 42.29 feet to the PONT OF BEGINNING. Containing 0.10 acres, more or less. ANDREW B. BECK, P.S:M., (FOR THE FIRM) THNO. 8065 . (DATE SIGNED) OUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CERTIFICATE OF AUTHORIZATION LB COLLIER COUNTY DEPAFiTMENT OF ~A TION 04~.-"'f---O00-O00___ 07 OF ~ J FILE NO.: 1L-872A