Agenda 09/14/2010 Item #16A11
Agenda Item No. 16A 11
September 14, 2010
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve an agreement between Collier County and Vanderbilt Galleria
Condominium Association for the conveyance to Collier County of a Temporary Construction
Easement relating to the Vanderbilt Beach Road six-Ianing project from east of Goodlette-
Frank Road to Airport-Pulling Road. Project No. 66065. (Fiscal Impact $35.50)
OBJECTIVE: To obtain the approval of the Board of County Commissioners to enter into an
agreement for the gratis conveyance of a Temporary Construction Easement.
CONSIDERATIONS: As a part of the improvements to Vanderbilt Beach Road between
Goodlette-Frank Road and Airport-Pulling Road two full median openings just west of Airport-
Pulling Road are being converted to a directional median openings which will allow only left turns
into each development, and will prohibit left turns out of the developments. In order to direct traffic
accordingly, and to channel all exiting vehicles into a single right turn lane, the project's engineers
desire to gain entry onto private property and "gore-out" the existing left turn lane. That is the term
for painting stripes on the existing pavement to indicate to motorists that they should not be driving
there.
The directors of the Board of Administration of the Vanderbilt Galleria Condominium association
have executed an Agreement to donate two Temporary Construction Easements to the County in
order to allow the work to proceed.
FISCAL IMPACT: The only expense associated with the approval of the attached Agreement will
be the cost to record the Temporary Construction Easement instrument in the public records
($35.50). Source of funds are gas taxes. Project No. 66065.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: This item is sufficient for Board Action. RNZ
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida:
1. Approve the attached Agreement and authorize its chairman to execute same on behalf of
the Board; and
2. Authorize the County Manager or his designee to record the Temporary Construction
Easement instrument in the public records of Collier County, Florida
Prepared by: Kevin Hendricks, Right-of-Way Acquisition Manager, Transportation Engineering
Department
Attachments: (1) Agreement with 2 exhibits; (2) Location Map
Agenda Item No. 16A 11
September 14, 2010
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16A11
Recommendation to approve an agreement between Collier County and Vanderbilt Galleria
Condominium Association for the conveyance to Collier County of a Temporary Construction
Easement relating to the Vanderbilt Beach Road six-Ianing project from east of Goodlette-
Frank Road to Airport-Pulling Road. Project No. 66065. (Fiscal Impact $35.50)
9/14/20109:00:00 AM
Item Number:
Item Summary:
Prepared By
Kevin Hendricks
Manager - Right of Way
Transportation Engineering &
Construction Management
Date
Transportation Division
7/29/201010:26:02 AM
Approved By
Kevin Hendricks
Manager - Right of Way
Transportation Engineering &
Construction Management
Date
Transportation Division
7/291201010:25 AM
Approved By
Dale A. Bathon, P .E.
Project Manager, Principal
Transportation Engineering &
Construction Management
Date
Transportation Division
7/29/201010:59 AM
Approved By
Daniel Hall
Project Manager, Senior
Transportation Engineering &
Construction Management
Date
Transportation Division
7/29/201011 :04 AM
Approved By
Norm E. Feder, AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
8/18/201010:10 AM
Approved By
Nick Casalanguida
Director - Transportation Planning
Date
Transportation Division
Transportation Planning
8/19/20102:29 PM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney
8/24/201010:58 AM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Division
Transportation Administration
8/26/20109:53 AM
Approved By
Agenda Item No. 16A 11
September 14, 2010
Page 3 of 8
Rookmin Nauth
Management/Budget Analyst
Date
Transportation Division
Transportation Administration
8/26/20109:58 AM
Approved By
Najeh Ahmad
Director - Transportation Engineering
Transportation Engineering &
Construction Management
Date
Transportation Division
8/26/201010:21 AM
Approved By
Natali Betancur
Administrative Assistant
Date
Transportation Division
Transportation Road Maintenance
8/26/20103:56 PM
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
8/27/20102:31 PM
Approved By
Jeff Klatzkow
County Attorney
Date
8/30/20104:34 PM
Approved By
Susan Usher
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
9/7/20102:14 PM
Approved By
Mark Isackson
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & BUdget
917/20103:33 PM
Agenda Item No. 16A11
September 14, 201t
Page 4 of S
PROJECT: Vanderbilt Beach 'Road
PARCEL No(s): 99999.203TCE
AGREEMENT
THIS AGREEMENT {hereinafter referred to as the "Agreement"} is made and
entered into on this _ da~ of . , 20_, by and between
VANDERBILT GALLERIA CONI)OMINIUM ASSOCIATION, a Florida not-for-profit
corporation, whose mailing addre!ss is C/O Colonial Square Realty, Inc., Post Office
Box 10608, Naples, Florida 34101 (hereinafter referred to as .Owner"), and COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301
Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County").
. WITNESSETH:
WHEREAS, County, as a P.rt of its roadway improvements to Vanderbilt Beach
Road, requires access to the private road known as Gallerie Antichi Way in order to
undertake certain pavement marking and striping; and
WHEREAS, County, as a p,rt of its roadway improvements to Vanderbilt Beach
Road, requires access to the private road known as Fontana Del Sol Way in order to
construct the new pavement of Vanderbilt Beach Road up to the existing pavers in
Fontana Del Sol Way; and .
WHEREAS, County has requested that Owner convey to the County two
Temporary Construction Easements over, under, upon and across the lands described
in Exhibit "A" (a portion of Galleri'" Antichi Way and a portion of Fontana Del Sol Way),
which is attached hereto and made a part of this Agreement (hereinafter referred to as
the "Easements"); and
WHEREAS, Owner recogniles the benefit to Owner and desires to convey the
Easements to the County for the stated purposes, on the terms and conditions set forth
herein, said terms including that mo compensation shall be due and payable for the
Property requested by County. '
NOW, THEREFORE, in contideration of these premises, 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. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made~a part of this Agreement.
2. Owner shall convey the Eabements to County, in a form acceptable to County
and at no cost to the County, unless otherwise stated herein. Said conveyance
(Owner's delivery to County of a properly executed easement instrument) is
hereinafter referred to as the "Closing."
3. 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.
4. Conveyance of the Easem~ts by Owner is contingent upon no other provisions,
conditions, or premises otler than those so stated above; and this written
Agreement, including all (jxhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written o~ oral agreements, undertakings, promises, warranties,
or covenants not contained ~erein.
Agenda Item No. 16A 1
September 14, 201
Page 5 of
5. This Agreement is governed and construed in accordance with the laws of the
State of Florida. .
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written. .
AS TO COUNTY:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Fred W. Coyle, Chairman
AS TO OWNER:
DATED:
. If\. 1\ ,.[) If"\, ,,',' '
~\....--......
Witness (Signature)
l'(\~\~~QrcNJ n
Name (Print or Type)
~~
me rr- j'",,~,;?t.
Name (Print or Type)
VANDERBILT GALLERIA
CONDOMINIUM ASSOCIATION,
a Florida not-far-profit corporation
~
~'
~ ~
(s/g~
CLIFFORD A OlSON, PRESBY
p~~~~&~A..
(CorporBte Tnlo)
,----p
Lo.t Rovfe"d: 11/30109
Agenda Item No. 16A 11
September 14, 2016
ge 6 of
LEGAL qescRIPTION & SKETCH
(NOT A SURVEY)
EXHIBIT -L.
Page....l-of ~
Commencing at the Southeast cotner of Section 35, Township 48 South, Range 25 East,
Collier County, Florida; thence alol1g the south line of saId Section South 89' 38' 54" West a
distance of 100.00 feet to a point ocf the West right-of-way line of Airport -Pulling Road; thence
continue along said Section line SolWJ 89' 38' 54' West a distance of 771.70 feet; thence North
00' 21' OS" West a distance of 16D feet to a point on the South right-of-way line of Vanderbilt
Beach Road to the POINT OF BE$INNING of the parcel herein described; thence South 89'
38' 54' West a distance of 20 fedt; thence North DO' 20' 33' West a distance of 300 feet;
thence North 89' 38' 54" East a db.nce of 20 feet; thence South 00' 20' 33" East 8 distance of
300 feet to the POINT OF BEGINNING.
20'
300 300'
NORTH RIGHTK>l'-WAY LINE OF VANDERBILT BEACH ROAD
20
160'
SOUTHEAST CORNER
SOUTH RIGH1-OF-WA Y LINE OF VANDERBILT BEAC: R::ION 35 -~1-0-0-' _
771.70' ._-~;:,;:,>t-
WEST RIGHT-OF-WAY LINE OF
AIRPORT-PULLING ROAD
SKETCH NOT TO SCALE
Conier County Tnmsplll1aUon Engineering and Construcllon Managementtlepartment (Vanderbll Gelleria Cooda Legal end Sl<e1ch No. 11
06/10/10~:54 PM
Agenda Item No. 16A 1
September 14, 201
ge 7 of
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
EXHIBIT -1L
Page-Lof -L
Commencing at the Southeast coll1er of Section 35, Township 48 South, Range 25 East,
Collier County, Florida; thence along the south line of said Section South 8go 38' 54" West a
distance of 100.00 feet to a point 011 the West right-of-way line of Airport -Pulling Road; thence
continue along said Section line Solth 89' 38' 54" West a distance of 771.70 feet; thence North
00.21' 06' West a distance of 160'feet to a point on the South right-of-way line of Vanderbilt
Beach Road; thence South 890 38' 54' West a distance of 269.51 feet to the POINT OF
BEGINNING of the parcel herein dltscrlbed; thence South 89' 38' 54' West a distance of 140
feet; thence North 00' 20' 33" We.t a distance of 20 fee~ thence North 89' 38' 54" East a
distance of 140 teet; thence South;OO' 20' 33" East a distance of 20 feet to the POINT OF
BEGINNING.
140'
20'
269.52'
NORTH ROW LINE OF VANDERBILT BEACH ROAD
140'
I
I
,
,
,
:160'
,
,
,
. ,
SOUTH ROW LINE OF VANDERBILT BEACH ROAD I
SOUTHEAST CORNER
OF SECTION 35 ~ _ _ .
m.70' --'--1~
WEST RIGHT-OF-WAY LINE OF
AIRPORT -PULLING ROAD
SKETCH NOT TO SCALE
CollIer Counly Transpotlalion Engineering ana Conslruclion Managemet11 ~1Il1mDnl (VandertJIIl Galleria Condo Legal and Skelch No.2)
06111/10 9:32 AM
._-----+-
J
.....0 CO
.......--....
<(00
.- N CO
-m
- C)
..:..'-CO
(l)Q.
E.o
mE
:=:(1)
-
coo.
'"0(1)
~Cf)
C)
<(
>-
<(
~
....J
o
(f)
....J
UJ
o
<(
z
<(
~
Z
o
u..
o
z
<(
>-
<(
~
I
()
~
Z
<(
UJ
cr:
<(
....J
<(
<.9
<.9
z
~
o
I
(f)
a..
<(
::2:
z
o
~
<(
()
o
....J