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Parcel 724 Memorandum FROM: Sue Filson Executive Manager Board of County Commissioners Debbie Armstrong \310 Sr. Property Acquisition Specialist Transportation - Right-of-Way Office TO: DATE: August 30, 2004 RE: Vanderbilt Beach Road, Project No. 63051 Parcel 724 Transmitted for your further handling is a TDRE Agreement for acquisition of Parcel 724 required for the Vanderbilt Beach Road expansion project, which the Board authorized the Chairman to execute on its behalf on November 5,2002, Resolution 2002-463 Item 10B. Please have the Chairman execute the attached TDRE Agreement and forward to the Clerk for attestation. The instrument may then be returned to this office. Please do not hesitate to call (213-5874) if you have any questions or if I may be of any assistance. Thank you. Thank you. Attachment Transportation Right-at-Way Office PROJECT: Vanderbilt Beach Road PARCEL: 724 FOLIO NO.: 80708185001 3476531 OR: 3644 PG: 3554 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 09/17/2004 at 02:57PM DWIGHT E. BROCK, CLBRK RBC FBB 61.00 COPIBS 7.00 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BXT 7240 TDRE AGREEMENT (VINEYARDS ELEMENTARY) THIS TDRE AGREEM~T (herein ter referred to as the "Agreement") is made and entered into on this 3f day of 1A..f- , 2004, by and between THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA (hereinafter referred to as "Owner"), whose mailing address is 5775 Osceola Trail, Naples, FL 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 grant to the County a Temporary Driveway Restoration Easement (hereinafter referred to as "TDRE") in the form and substance as attached hereto and made a part hereof as Exhibit "B" 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 grant 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 grant 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 grant 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, which approval shall be obtained within 60 days of the date hereof (the "Acceptance Deadline"). If the County fails to accept this Agreement on or before the Acceptance Deadline, the County shall promptly return the TORE to the Owner and this Agreement shall terminate and be of no force or effect. 4. The County shall prepare the DR-219 and 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. The grant of the TORE by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, OR: 3644 PG: 3555 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. 8. All work required to restore the Owner's driveway will be conducted through the County's Project No. 63051 at the County's expense, and in accordance with the attached construction plans herein after referred to as Exhibit "C". 9. To the fullest extent permitted by law, the County shall indemnify, defend, save and hold harmless Owner, Owner's officers, agents, invitees, guests and/or employees from and against any construction liens, suits, demands, claims, liability, losses, penalties, damages, judgments, orders, decrees, and costs and expenses (including attorneys' fees and all costs of litigation) for property damage, construction lien, liability, or death which may result from or arise out of any willful misconduct or negligent act of the County which occurred or is alleged to have occurred with respect to the County's use of the TORE. This indemnification provision shall not be construed as a waiver of sovereign immunity or any limitation or liability to which the County may be entitled under Section 768.28 FS. 10. Any work to be conducted within the TORE area shall not occur during normal hours of operation for Vineyards Elementary School from the months of August to May, excluding holiday vacation periods. Further, the County or its agents shall provide the Owner with at least 10 days advanced, written notice of any such work, which notice shall identify the work to be done, the estimated number of days to complete the work and the estimated start and stop time for the work during each work day in order to permit the Owner to property schedule and plan its school activities. 11. Owner, has perpetual rights of access and use of improvements constructed on County owned property adjacent to Owner's property pursuant to the construction plans on Exhibit "C" including roadway and sidewalks. 12. Any work by the County within the Vanderbilt Beach Road Right-of-Way abutting and/or affecting access to the TORE area shall not unreasonably interfere with access to the Owner's property and the County Shall provide continual access to the Owner's property. 13. This Agreement shall be recorded in the public records of Collier County. The parties agree that this Agreement complies with Section 125.411, FS and the laws governing the recording of real estate conveyances. 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: DA TEt;,~~~ ~J;:ØI , II ,,"'\,-,¿ ...... Of It.. "/¡:',,~ f i ... ~,.. '" I ('1" ..... ...~.' -.,_ it or>. .". "":~ {r T't' E:: ~:-....,.,." ;"~._;.;;- ',', . t:.:I'«,. I A ¡:...S'T~/":lo l: ,":~',"~ 0. ~;~ ~ "OWl t41r~~~.;Iå~ , ~rk . <4:./ 'I"~" ,"q}~_ . '~. / :. ::: 4,' .-,,' ,«~_'~'~' .._...,: ~ " "\ \. "; i í":'./, : t' rd2D {le. ' - \,' --~ ..~:'i~eÞuty Clerk I ~ l~" .. 6. ",'" :; 'j';:\At'têAA~ ~s-' to Cha 1 run . s s i g~'alure OA 1 J . BY: TOM HENNING, Chairman TORE Donation Agreement 2 OR: 3644 PG: 3556 AS TO OWNER: WITNESSES: t!~~ COUNTY Witness (Signature) Name: cj(af.e,n eSQi'c!- (Print) J 9:} W1J() ~".rL/rÀim~JJ Witness (Sign"aM'e) vc- Name: fþ 10 /)y- A-h NA I cj el\.l ()t f- (Print) SCHOOL BOARD OF COLLIER By: ¡kJ¡6~ DICK J. BR E, CHAIR Approved as to form and legal sufficiency: ¿JAJ. fj- idíF. Ashton Assistant County Attorney "'\ On behalf of the School Board of Collier Count y, Florida Reviewed by: Roetzel & Andress, L.P.A. ~ ~ Douglas A:-Lewis For the Firm TDRE Donation Agreement 3 6 31 TRACT D2 EXISTING SOUTH ROW LINE. 32 60' DRAINAGE I I EASEMEN! I I I I I I I ,- I~ !.q: ItO IV I I I I , I I I I I I. I I I I 213.0~' P.O.B. Tract "S- 4" THE VINEYARDS UNIT 3 PLAT BOOK 16, PAGE 2 35' LANDSCAPE BUFFER EASEMENT 214,2 ' I I I I I I I I I T t "s 3" I rac - I THE VINEYARDS UNIT ~ PLAT BOOK 16, PAGE 12 I I I I I I I I \ I I I fTl X< (J)> -12 20 C)fTl ::;0 ;Om Or :E-I r--.. m :EfTl -» 00 -II I <::;0 »0 ::;0» -0 fTl (J) '-../ PARCEL 724 REVISED LEGAL DESCRIPTION 06/29/04 REVISED 3/8/04 PROJECT NO.: 83051 PARCEL NO. , 7:2.4 WiI.IIIII.'···- I'IIrr1n . ~ . Ecøq iII , an.rr.n ' ~ ArI:I*cIa ' '/IwIIpcIrfd:II CœdIntI WfIoM4Iw". I1c. ' ,.,. , Fcrt,... , InåI . IhIiIØII ' r... IIIf1)MrLn,Utø· -",1IriII NIJHØ1'''''''' ",....., '" IH4H1II . ~ .........- Mar 08. 2004 - 10:ð2:53 KRIMEstX:\SUR\CJ.4224\VANDy\1L372-A.dwg CLIENT: TITl£: ): 0:1 z ......... o 50' 100' 150' SCALE: 1" = 100' EXHIBIT A Paoe....l.- of-l- OR: 3644 PG: 3557 Notes: 1. This is not a survey. 2. Basis of bearing is the South line of Vanderbilt Beach Road being N 89'55' 27" 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 DESCRIPTION: Being a portion of Tract "S_3", The Vineyards Unit 3, recorded thereof In the Plot Book 16, page 2 of the Public Records of Collier County, FlorIda, being more particularly described as follows: Beginning at the Northwest corner of Tract "5-3", of said plat; thence South 89'55'27" East, along the South right-of-way line of Vanderbilt Beach Road, for a distance of 70.01 feet¡ thence South 00'27'32" East 214.28 feet; thence North 88'55'27" West 72.03 feet; thence North 00'04'36" East 213.03 feet to the POINT OF BEGINNING. ContainIng 0.347 acres, more or less. ~k. ANDREW B. BECK, P.S.M. (FOR THE FIRM) FLAv1-IC{ .ÞK>~ 6065 ,p¿'/Z,'f//ftfI' (DATE SIGNED) NOT V~ID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CERTIFICATE OF AUTHORIZATiON LB #43 COLLIER COUNTY Dlf!PARTMENT OF TRANSPORTATION SKETCH AND OEBCRIF'TION 'I!!IrOIW9Y CCNBTRCJCT70N EASEM!ffNT DATE: 0tI11lOOfJ FILE ND.: 1L-372A EXHIBIT ....13.- page...L- of.2.- OR: 3644 PG: 3558 PROJECT: Vanderbilt Beach Road PARCEL: 724 TEMPORARY DRIVEWAY RESTORATION EASEMENT THIS EASEMENT is granted this day of , 2004, by THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a non-exclusive Temporary Driveway Restoration Easement to enter upon the lands described as follows (the "Easement Area"): See attached Exhibit "A", which is incorporated herein by reference. The subject property IS NOT the Homestead Property of the Grantor. The Easement Area shall be used by Grantee for the purpose of filling, grading and placing concrete, asphalt or rock, on Grantor's lands, pursuant to the approved construction plans attached as exhibit "c" to the TORE Agreement between Grantor and Grantee dated , for the purpose(s) of constructing, with materials of like kind, a driveway/turnout and to provide for continuous transition between the existing driveway and the newly constructed roadway, sidewalk, and drainage improvements on Vanderbilt Beach Road. This Temporary Driveway Restoration Easement shall automatically expire and terminate on June 30, 2008. Grantee shall use its best efforts to restore the existing landscaping, asphalt, utilities, plantings, fencing, light fixtures (if any) and any other items within the Easement Area to their original condition. Any such work by Grantee within the Easement Area shall not unreasonably interfere with or unreasonably limit parking or access to or the use of Grantor's property and shall comply with the 2000 FOOT Standard Specifications for Road & Bridge Construction. Grantor shall have the right to use the Easement Area for ingress and egress purposes. Grantee shall not conduct any activities within the Easement Area during normal hours of operation for Vineyards Elementary School, from the months of August to May, excluding holiday vacation periods. Further, the Grantee or its agents shall provide the Grantor with at least 10 days advanced, written notice of any such work, which notice shall identify the work to be done, the estimated number of days to complete the work and the estimated start and stop time for the work during each work day in order to permit the Grantor to property schedule and plan its school activities. IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. Page 1 of 2 WITNESSES: ~'- fß¿;~ Witness (Signature) Name: Ko../ f.. í} EJ sa /OL (Print) w~~~lè~fíJflA~i- Name:1)~)h')-f}h NAIJ e ,,\ ùFf (Print) STATEOF~ COUNTY OF . OR: 3644 PG: 3559 SCHOOL BOARD OF COLLIER COUNTY f,!) !J ~ l;(' By: j.llC,{ It-2)~ DICK J.~RUCE, CHAIR ThisJemporary Driveway Restoration Easement was acknowledged before me this J! day of ~~ ,2004, by jlc.L:r. ßrutl-e- the -=:::1 0 tLV-ð- eP1tA-\ý' on behalf 0 the SCHOOL BOARD OF COLLIER COUNTY who: £ is personally known to me OR _ who produced as proof of identity (affix notarial seal) ""~~:~"'" MARY KATIiARINE DOBSON ?r'å~~ MY COMMISSION # CC 964157 ~~~{>7 EXPIRES: October 26, 2004 '4('¡¡f:~~.(''' 80nded Thru NQtary Public Underwrite~ 9tt ~~ (Si9~f Notary Public) ~~ KI'''-+ hi<-Y .. '" L 1) obs ð Y1 (Print me of Notary Public) NOTARY PUBLIC Serial/Commission #: ~C- 1. {., t !f-1 My Commission Expires: IO;¡ fe, 0 Page 2 of 2 (J4r(.-ø.JJrJø.~ ,..!to rlXJit-!JJr-:;: =:~r~~~::;:d . ~ 3!.! -~, eHA 113 ,- i.; ¡ tI f- 11~ , n 0;<1 .' .' .' .' .' .' .' EXHIBIT C Page-L- of~ r~~ I '" Q ç '/. h b¡ +- C fu ThR t. fr1rfe(Y){Flt- ,-'." ." ,. *** OR: 3644 PG . 3560 *** . I I I I I ~I ><1 '" "'I f- , "" t\J ~~ @ I I '" - ¡¡¡I I !!!I !Q :t ! I I , I I I 1 I ¡ 1 1 1 i ¡ 4_1- i I -~I Z!ö ---+--- -i-- I I T ---'--- , 1--, i 1 I I i ; r 1 I I I 1 I I r ¡ ! ! i 1 I~ ~ë I ~~ - :;1 ~ I It-I '" 1 Lu 1 t- -J I ï.;:~ I ~iE I V) Lu ;;;:"" ~~ I -JO Cl.. 1 I -.J. 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