Parcel 716
PROJECT:
PARCEL No(s):
FOLIO No(s):
63051
716
a portion of 00202280000
TDRE AGREEMENT
THIS TORE AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this -1!:tl- day of M tJvd.. , 20~ by and between BASIL
PROPERTIES, INC., a Florida for profit corporation (hereinafter referred to as "Owner"),
whose mailing address is 2306 Immokalee Road, Naples, Florida 34110, 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's improvements to Vanderbilt Beach Road will require
modifications to Owner's driveway located at 3333 Vanderbilt Beach Road; and
WHEREAS, Owner has requested that County remove the existing driveway and
construct a new driveway to the west of the existing driveway; and
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) in order to construct the new driveway referenced above; 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 desires to be paid by County for the cost to reconstruct Owner's
parking lot, internal water management system and landscape buffer, and to relocate
Owner's signage; and
WHEREAS, Owner acknowledges that the relocation and reconstruction of the
driveway by County, and that the reconstruction of the parking lot, the water management
system, and the landscape buffer by Owner, as well as relocation of the signage, will
eliminate any damages to the remaining real estate and to the business(es) operating
thereon.
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 . 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.
Temporary Driveway Restoration Easement Agreement
Page 2
2. Owner shall convey the TORE to County within 60 days of the date of this
Agreement in exchange for payment in the amount of $9,300, (said transaction is hereinafter
referred to as the "Closing.")
3. Furthermore, County shall pay to Owner the additional sum of $30,000 which
payment Owner acknowledges as full payment and compensation for Owner's costs to
reconstruct the parking lot and the water management system, and to install a landscape
buffer with an irrigation system, and to relocate the signage in conformance with the Collier
County Land Development Code, and which payment includes, but is not limited to,
expenses for surveying, engineering and permitting, and for any and all damages of any
nature whatsoever resulting to Owner's remaining lands, and business, and for all other
damages in connection with conveyance of said TORE to County, including all attorney's
fees and expert witness fees and costs as provided for in Chapter 73, Florida Statutes.
4. 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.
5. The County shall pay for all costs of recording the TORE instrument in the
Public Records of Collier County, Florida.
6. 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.
7. The TORE shall commence upon its recording in the Public Records of Collier
County, Florida, and shall expire 48 months thereafter.
8. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and this 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. This
Agreement may only be amended in writing by the parties hereto.
9. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
DATE ACQUISITION APPROVED BY BCC: November 5,2002, (Resolution 2002-463).
IN WITNESS WHEREOF, the parties have caused these presents to be
executed the date and year first above written.
AS TO COUNTY:
DATED:~
ATTEST:
DWIGHT"E:~~~~·.~I~rk
~ ..' ..ib................. ~"'k ....
.. ~~
~ :.:' '. .' ¡' . '. ", ¿ !
11... "',;': : ..--:- .: èfjîJ Clerk
C?):. ¡' ,'r~~":'. ' . "'.::J.~;, ... ...._
Att.ÍÌ'st {~,.,:::, tTó:·~&~JI.j...'Ìt~. ;.-'"
~ " . ~...~;¡,..."r:.~ ' oa ~
s 19Mtwr+ 00 11.~ ·-;-::·'r·'~'
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f I í J it I .. . I I I \ \' ~ ' .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Fred W. Coyle, Chåirm n
Item # ( D ß
Agenda I J - /" .02...
Date :;:)
Temporary Driveway Restoration Easement Agreement
Page 3
AS TO OWNER:
WITNESSES:
BASIL PROPERTIES, INC., a Florida
For-profit corporation
-=='eS-===-'?
Witness (Signature)
Name: ~oßß~( ~ofcH
(Print)
~J:wþ-IJ{'f" I~
Wiess (Signature)
Name: ::rEtJ~ifë::"L livpE: fuAei..
(Print)
By:
----_._-------::-/
- .
A LA}] fÎ--F¿rr
(Name)
y (L1Z.5 J /)b-J-¡
(Title)
Approved as to form and
legal sufficiency:
.'1
f!a-~ ~
-- Ellen T. Chadwell
Assistant County Attorney
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REVISED 10/15/03 - REVISED PARCEL SIZE
REVISED 09/29/03
PROJECT NO.: 63051 PARCEL NO. : 718
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Sep 30. 2003 - 13:55:02 ULAMUREIX:\SUR\04224\VANDY\IL372-A,dw9
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Notes:
1, This is not a survey.
2. Basis of bearing is the North line of
Vanderbilt Beach Rood being S 89'55'46" 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 otherwise noted.
5. ROW represents Right of Way.
6. P.O.B. represents Point of Beginning.
7. P.O.C. represents Point of Commencement.
LINE TABLE
LINE LENGTH BEARING
L26
L27
L28
L29
LJO
150,00
63.00
67,00
63.00
67.00
NOD "04 '14"£
NOO"04'14"
589'55'46"£
SOO'04'14"W
N89"55'46"W
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EAST 1/2 OF THE WEST 1/2 OF THE
EAST 1/2 OF THE SOUTH 1/2 OF THE
SW 1/4 OF THE SW 1/4 \
SECTION 31- TOWNSHIP 48 S-RANGE
26 E
DESCRIPTION:
Being a part of the East 1/2 of the West 1/2 of
the East 1/2 of the South 1/2 of the Southwest
1/4 of the Southwest 1/4 of Section 31, Township
48 South Range 26 East, recorded in O.R. Book
2763, Pages 2329-2332 of the Official Records of
Collier County, Florida, being more particularly
descripted as follows:
Commencing at the Southwest Corner of the East
1/2 of the West 1/2 of the East 1/2 of the South
1/2 of the Southwest 1/4 of the Southwest 1/4 of
Section 31 Township 48 South Range 26 East,
Collier County, Florida; thence North 00'04'14" East,
across the 150,00 teet right-at-way for Vanderbilt
Beach Rood, to the POINT OF BEGINNING; thence
continue along said line North 00'04'14" Eost 63.00
feet; thence
South 89'55'46" East 67.00 feet; thence
South 00'04'14" West 63,00 teet to its intersection
with the North right-ot-way line of Vanderbilt
Beach Road; thence
North 89"55'46" West 67.00 feet to the POINT OF
BEGINNING.
Q .S. ~Q':?ÿ
ANDREW B. BECK, P.S.M. (FOR THE FIRM)
FLA. LI~ NO. 6065
/tJ4~L?J-- (DATE SIGNED)
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CERTIFICATE OF AUTHORIZATION LB #43
CLIENT:
COLLIER COUNTY DEPARTMENT
OF TRANSPORTATION
TITLE:
SKETCH AND DESCRIPTION
£:ft\IEWA Y RE'S7QI'IA TION EASEMENT
DATE:
otI/2003
PROJECT NO.:
04224-000-00o
SHEET NUt.ABER: FllE NO.:
1tI OF XX 1L -372A