Parcel 756 A & B
COLLIER COUNTY TRANSPORTATION DIVISION
DEP ARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT
RIGHT-OF - WAY ACQUISITION OFFICE
MEMORANDUM
DATE:
July 26, 2004
TO:
Ann Jennejohn, Deputy Clerk
Minutes and Records Department
Lorraine Lantz, Right-of-Way Coordinator, VI. ¡ .'
Phone number: 239-213-5843 ~
FROM:
RE:
TDRE Agreement for VBR Parcels 756 A and B
Ann,
Attached is the original TDRE Agreement for the VBR project. Since it is an Agreement,
it only needs to be scanned into the BMR Real Property / VBR Project Folder. It does not need
to be recorded. I made a copy of the fully executed document for our records, please scan and
file the original with the rest ofthe VBR Project Agreements.
Thank you,
Lorraine
c
t.
f~~ (ì
c
II
H
1'1
t
l'
PROJECT:
PARCEL:
FOLIO:
Vanderbilt Beach Road
756 A and B
Portions of 00282280004
TDRE AGREEMENT
THIS TORE AG7~~ENT (her aft r referred to as the "Agreement") is made and
entered into on this day of , 20~ by and between PALM
ROYALE CEMETERY AND MAUS EU, I C., a Florida Corporation, (hereinafter referred
to as "Owner"), whosemailingaddre.6780VanderbiltBeachRoad.Suite 305, Naples,
Florida 34119, 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 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 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 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:
DAJri.·r>:......7 LI51D~
.' ~.ÇJ. Ct~· ø~>" "
~ ~.:~'::. 1. ..... .~¥.~,~~ ~::'\
.~'(~~ ,.- ".:.." ~.__"'~ ..,. J; -':..
- ,AJ::rES::r.,-" ' 1''' .
,.: dY;iléH-¡:E'~RqtK, Clerk
. '. '~'~/ ~ ,(:;;:~'
, ,,'i: : (}.:.
BOARD OF COUNTY COMMISSIONERS
COLLIER COU Y, FLORIDA
A~t<'~>'~
stllltur. 01111_
BY:
Donna
AS TO OWNER:
WITNESSES:
.:::n
Full Name)
fre~'t~ej
(Print Corporate Title, e.g., Pres. I Vice Pres.)
~
(sfgn ur~)
~/// I-k,~¿-, 1>/
~~/~
ure)
~ //A',.try /1 $h/k~
(Print Full Name)
Approved as to form and
legal sufficiency:
Item# Lb ß
Agenda l J~-o z.
Date .
~~~d 1- ã3 '6«1
Donation Agreement
2
.D. (
EXHIBIT~A I I
Page \ of I
. I
L
SOUTH ROW LINE
I
-:30.00'
Z
rrl
Z-" <
'T]»
rrl"'-... XZ
-" ..þ>. -0
"'-...0 (f) 'T]
:::j;o
..þ>........ zrn
tf)rI- G)r
(]) :y --
o (]) U) <
c:!':z w »rn
o rrl to ;OfT!
::J ui -»
-" ~ 'T]o
-t>-"'-... ,þo" 0:1:
to
-Þ- , ;0;0
fT
0 00
....... ~»
rI- 0
:r
(])
PARCEL 75M
L5
P.O.C.
NORTHEAST COR R
SECTION 4-49-2
TRACT 8W
GOLDEN GATE
ESTATES UNIT 2
TEMPORARY DRIVEWAY
RESTORATION EASEMENT
(DURATION: 3 YEARS FROM
COMMENCEMENT OF CONSTRUCTION)
PROJECT NO.:
63051 PARCEL NO. : 768A
WI'.Milleï"W~ m
f1ømon . ~ . ~ . ~ . LIIIC/tcIJpIo ~ . T/'anIIp<:riIIlM Ccnøu'IItå
WfBm\4fer, k1c.
,..,." . Fìrf.... . 6wuJIa . hØIåJ . r.",.
i!POOlWer~ altlOO· ~ Ibö ~.1fIOI!t H-W-«J. IV ~ .1tV1-11!ø ..........-
CUENT,
Jun 13, 2003 - 10'57'52 KTHDMPSDIX'\SUR\04224\VANDY\lL372-B,dwg
I
ØI
z
~.
o 40' 80' 120'
SCALE: 1 "= 80'
LINE TABLE
LINE LENGTH BEARING
L1 16,53 N89·53'49''w'
L2 42.00 SOO·06'U'\rI
L3 60.91 SOO·lO'30'\rI
L4 58.00 N89·49'30'\V
L5 60,83 NOO"10'30'E
L6 58.00 S89·53'49'E
Notes:
1., This Is not 0 survey.
2. Basis of bearing Is the South Hne of Vanderbilt
Beach Rood being S 89"53' 49" E Florida State
Plane Coordinates, NAD 83/90.. East Zone.
3. Subject to easements, reservations and
restrictions of recorcj.
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 UtJltty Easement.
DESCRIPTION:
8elng a portion of the Northeast one-quarter of the
Northeast one-quarter of the Northeast one-quarter
of SectIon 4, Township 49 South, Range 26 East,
Collier County, FlorIda, beIng more particularly
described as follows:
Commencing at the Northeast corner of Section 4,
Township 49 South, Ranoge 26 East, Collier County,
Florida; thence North 89"53'49" West, along the South
right-of-way line of Vanderbilt Beach Road, for a
distance of 16.53 feet; thence South 00"06'11" West
42.00 feet to the POINT OF BEGINNING: thence
South 00'10'30" West 60.91 feet; thence
North 89"49'30" West 58.00 feet; thence
North 00"'0'30" East 60.83 feet; thence
South 89'53'49" East 58.00 feet to the POINT OF
BEGINNING.
Containing 0.081 acres, more or less.
tkð~
ANDREW B. BECK, P.S.M. (FOR mE FIRM)
FLA. J.,.IC'LNO. 6065 .
¿J¿,/11.æ3... (DATE SIGNED)
No1 VÄLlD WITHOUT ,THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CERllFICATE OF AUTHORIZAllON LB #43
COLUER COUNTY DEPARTMENT
OF TRANSPORTATION
SKETCH AND DëSCRIP110N
D'RtVEWAY RESTORA T70N EASEMENT
OATE,
OtJ/ROOO
PROJECT 1010.,
04:l.fl~
SHEET NUMBER:
5«A OF xx
fiLE NO.:
1L -372A
SOUTH ROW LINE
r+z
~~
z.......
fTl~
..þ.
.......
~o
..þ.-
r+
(f)::J
(]) (])
o
r+z
o fT1
:J
-30.00'
(J)
DI
10
oi
~
~
10
.
f'Tl
.......
..þ.~
-þ..
o
-
PARCEL 756B
z......
fTl~
-þ..
......
~O
..þ.- Z
(f)r+ ex>
(]) ::J
o (]) to
.
!:!:z (J1
o fTl 0-!.
:J -þ..
....... to
..þ.~ ::
..þ. ~
0
- <
0)
r+ ex> JTl»
::J
(]) :Þ- xz
-0
(J1 (/)JT1
-....,J ~AJ
zm
GJr
~
~CD
AJfTl
-»
JTl0
°I
AJAJ
00
~»
0
,--
L__
PROJECT NO.:
63051 PARCEL NO. : 7588
WilsqnMille," .~- M
F7Imn . ~ . EcdodIfI . Stne)'In . ~ ArdiI«b . T/'IIIIfPOI'Iatløn CenNfenIt
WlsonMIer, tic
,.,.. , Føt Jtww ' 8nIDII ' Ihd!IIåI . rlllpl
æJ) Mrl.n\ 1UP191 . ~ fbifI ~ 'Ffr:trt PHfHI«I' FU IUI-I4H1IS .1I\IHIf M*"*'.cm
Jun 13, 2003 - 12107'54 KTHOMPSOIXI\SUR\D4224\VANDY\lL372-B.awg
I ø I Z
HIBIT A
of H ....-..-
o 40' 80' 120'
SCALE: 1"= 80'
LINE
LINE TABLE
LENGTH
BEARING
L8
L9
L10
Lll
Ll2
30,00
48.43
134.02
48.27
134,02
SOO·06·!1''v/
SOO·48'30'E
N89"49'30"w
NOO" 48'30''v/
S89"53'49'E
Notes:
1. This is not a survey.
2. Basis of bearing is the South line of Vanderbilt
Beach Road being S 89'53' 49" E 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
otherwlse noted.
5. ROW represents Right of Way.
6. P.O.B. represents Point of Beginning.
7. P.O.C. represents Point of Commencement
a. C.U.E. represents County Utility Easement.
TEMPORARY DRIVEWAY
RESTORATION EASEMENT
~~:3YEARSFROM
COMMENCEMENT OF CONSTRUCTION)
DESCRIPTION:
Being a portion of the Northwest one-quarter of
the Northeast one-quarter of the Northeast
one-quarter of Section 4, Township 49 South,
Range 26 East, Collier County, Florida, being more
particularly described as follows:
Commencing at the Northeast corner of Section 4,
Township 49 South, Range 26 East, Collier County,
FlorIda; thence North 89"53'49" West, along the
South right-of-way line of Vanderbilt Beach Road,
for a distance of 684.57 feet; thence
South 00'06'11" West 30.00 feet to the POINT OF
BEGINNING; thence South 00'48'30" East 48.43 feet;
thence North 89"49'30" West 134.02 feet; thence
North 00'48'30" West 48.27 feet; thence South
89"53' 49" East 134.02 feet to the POINT OF
BEGINNING.
ContaIning 0.149 acres, more OJ less.
--
--
----
------
A~~'~FOR ~E ARM)
F~C NO. 6065 .
~ ~ (DATE SIGNED); .
N AL~THOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CERTlFICA TE OF AUTHORIZATION LB #43
COLUER COUNTY DEPARTMENT
OF TRANSPORTATION
CUEN
SKETCH AND DESCRIPTION
DRI\IEWAY RE8TOFlA TION EASEMENT
DATE:
06/2O()(J
PROJECT NO.:
042.24-000-00O
SHEET NUMBER: FILE NO.:
5t1B OF XX 1L -372A