Parcel 798
COLLIER COUNTY TRANSPORTATION DIVISION
DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT
RIGHT -OF- WAY ACQUISITION OFFICE
MEMORANDUM
DATE:
July 2, 2004
TO:
Sue Filson, Executive Manager - BCC
FROM:
Paul Young, Right-of-Way Property Acquisition Specialist
Phone number: 239-213-5884
RE:
Vanderbilt Beach Road (Parcel # 798, apportion of 00205880009)
Attached please find the original TDRE Agreement for Vanderbilt Beach Road - Project
63051 for execution by Chairman 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 have this Agreement signed on behalf of the Purchaser (BCC) and forward to the
Board Minutes and Records for attestation by the Clerk.
Thank you!
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PROJECT: Vanderbilt Beach Road- 63051
PARCEL: 798
FOLIO: a portion of 00205880009
TDRE AGREEMENT
THIS TORE AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this 25th day of June , 2004, by and between JOHN J.
NEVINS, BISHOP OF THE DIOCESE OF VENICE, a corporation sole (hereinafter referred
to as "Owner"), whose mailing address is 1000 Pinebrook Road, Venice, Florida 34285-6426,
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 the
proposed driveway transitioning 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. Owner shall convey the TORE to County at no charge to the County.
2. Owner shall deliver the properly executed TORE 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 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. 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 2002-463)
AS TO COUNTY:
DATED: '7- t.. 0'1
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ATTEST: ,,,,,~. ..ç. · (;;:'tI,,~..;,.,
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AS TO OWNER:
BOARD COUNTY~O MISSIONERS
COLLI OUNTY, FlO DA...
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BY:
Donna Fiala, Chairman
WITNESSES:
By Volodymyr Smeryk as Attorney in Fact for
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Witness (Signature)
Name: (!4-77rGeI,t/¿- /V. 3t~£ Ç,R
(Print) /
JOHN J.NEVINS, BISHOP OF THE
DIOCESE OF VENICE, a corporation sole
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Volodymyr Smeryk
(Printed Name)
Approved as to form and
legal sufficiency:
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Ellen T. Chadwell
Assistant County Attorney
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C.R. 951
The Southwest Corner
Section 35
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PARCEL
798
CUENT:
ll11E:
DATE:
08/2003
50' 100' 150'
SCALE: 1"= 1 00'
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LINE
LT06
LT07
LT08
LT09
LINE TABLE
LENGTH
34.04
67.00
34.04
67.00
BEARING
NOO'04'22"W
N89'55'31"£
500'04 '22"£
589'55'31"W
PROJECT NO.: 83051 PARCEl NO. : 798
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Jun 13, 2003 - 11:46:29 KTHOMPSOIX:\SUR\04224\VANDy\1L372-A.dwg
Notes:
1. This Is not a survey.
2. BasIs of bearing Is the North line of Vanderbnt
Beach Road being N 89"55' 31" W Florida State
Plane CQordlnates, 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
8. C.U.E. represents County Utility Easement.
DESCRIPllON:
Being a portion of the South 1/2 of the South 1/2
of the Southwest 1/4 of Section 35, Township 48
South, Range 26 East, Collier County, Florida, being
more particularly described as follows:
Commencing at the Southwest corner of Section
35, Township 48 South, Range 26 East, Collier
County, Florida; thence North 0219'49" West,
across Vanderbilt Beach Road Extension to the
North right-of-way line, for a distance of 60.05
feet; thence North 89'55'31" East, along the North
right-of-way line of Vanderbilt Beach Road
Extentron, for a distance of 727.14 feet to the
POINT OF BEGINNING; thence North 00'04'22" West
34.04 feet; thence North 89'55'3'" EQ~t ö7.00 feet;
thence South 00'04'22" East 34.04 feet; thence
South 89'55'31" West 67.00 feet to the POINT OF
BEGINNING.
Containing 0.052 acres, more or less.
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ANDREW B. BECK, P.S.M. (FOR THE FIRM)
FLA. ~. O. 6065
GJh ~ ~ (DA TE SIGNED)
NOT'V ID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
UCENSED SURVEYOR AND MAPPER
CERllFICA TE OF AUTHORIZA llON LB #43
COUJER COUWTY DEPAFf'T"MENT
OF 'TRANSPORTATJON
SKETCH AND DESCRIPTION
7E!iIoFORARY CONSTFlUCT1ON EASEMENT
PROJECT NO.:
04224-000-0Oo
SHEET NUMBER:
IíIB OF XX
FILE NO.:
1L -372A