Agenda 08/22/2023 Item #16B 6 (Easement Agreement between the County and Vanderbilt Community Association)16.B.6
08/22/2023
EXECUTIVE SUMMARY
Recommendation to approve an amendment to an Easement Agreement between the County and Vanderbilt
Community Association Inc., that provided for the acquisition of Parcels 111RDUE1, 111RDUE2, 111TCE,
111TDRE, and 10ITCE, required for construction of roadway and related improvements to Vanderbilt
Beach Road (Project No. 60168). Estimated Fiscal Impact: None.
OBJECTIVE: To amend an existing Easement Agreement to provide for an additional payment to the Vanderbilt
Community Association, Inc. (the HOA) and the installation of a berm on the HOA's property in lieu of replacing
the HOA's fence and restoring landscaping that will be impacted by public improvements.
CONSIDERATIONS: On October 22, 2019, Collier County and the HOA entered into an Easement Agreement
(the Agreement) that provided for the purchase of Parcels 111RDUE1 and 111RDUE2 and the donation of Parcels
I I ITCE, 111TDRE and 101TCE, required for construction of the Vanderbilt Beach Road Project, No. 60168 (the
Project). A copy of the Agreement is attached. Paragraph 2 of the agreement obligates the County to relocate or
replace those portions of the HOA's chain link fence that conflict with Project improvements. Paragraph 7 requires
that the County use its best efforts to restore the surface area and landscaping within Parcels I I ITCE and 101TCE
to their pre-existing condition.
Representatives of the HOA recently informed staff that the HOA has decided to install a privacy wall along the
west side of Massey Street in light of increased traffic on this road. Accordingly, the HOA no longer requires its
fence along Massey Street (4,562 LF) to be relocated or replaced in its entirety. Instead, the HOA requested that the
cost saving to the County be paid to the HOA as a contribution towards the cost of the proposed wall. The
Amendment provides for an additional payment of $205,290 to the HOA, representing the cost the County would
have had to pay to replace the fence along Massey Street. The HOA also requested that the County install a low
berm in this location to accommodate the privacy wall, which is estimated to be an additional $11,670, in lieu of
restoring the existing berm.
The Amendment releases the County from the obligation to restore the landscaping for estimated replacement costs
of $148,307 in the above -referenced location. Project impacts to the HOA's landscaping will be higher than
anticipated when the Agreement was originally negotiated due to the absence of advanced design at the time. The
current construction plans provide for installation of a 48-inch pipe in the right of way adjacent to this location. The
trench required to accommodate this large pipe will require the removal of numerous mature oak trees and clusia
hedge plants that the County is required to replace under the existing agreement. Hence, release from the obligation
to restore this landscaping will result in a substantial cost -saving to the County.
Staff recommends that the Board of County Commissioners (the Board) approve the Amendment, which reflects an
amicably negotiated effort to contribute towards the cost of the privacy wall aimed to provide an opaque and secure
buffer between Massey Street and the HOA property, while also providing cost savings to the County. No change
order to the construction contract will be needed to deal with the cost saving arising from not having to replace the
fence and the relatively minor additional cost of constructing the berm. These items can be dealt with as under runs
and over runs of the related line items in the construction contract.
FISCAL IMPACT: Funds in the amount of $205,290 will be required to amend the existing Easement
Agreement. The primary funding source is road impact fees. Should impact fees not be sufficient within project
60168 the secondary funding source will be gas taxes.
The Amendment will not result in any additional maintenance costs for the County.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote
for Board approval. - SAA
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16.B.6
08/22/2023
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long Range Transportation
Plan and the Collier County Growth Management Plan.
1;1101110V 1u 111►117.%Y 1130
Approve the attached Amendment to Easement Agreement and authorize the Board Chairman to execute same
on behalf of the Board;
Authorize the payment of all costs and expenses that Collier County is required to pay under the terms of the
Amendment to Easement Agreement; and
Authorize the County Manager or his designee to take the necessary measures to ensure the County's
performance in accordance with the terms and conditions of the Easement Agreement, as amended.
Prepared By: Robert Bosch, Manager, Right of Way Acquisition, Transportation Engineering Division.
ATTACHMENT(S)
1. Easement Agreement (PDF)
2. [Linked] Amendment to Easement Agreement (PDF)
3. Jacobs Cost Saving Estimate (PDF)
4. Aerial (PDF)
5. Cost Comparison (PDF)
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16.B.6
08/22/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.13.6
Doe ID: 26052
Item Summary: Recommendation to approve an amendment to an Easement Agreement between the County and
Vanderbilt Community Association Inc., that provided for the acquisition of Parcels 111RDUE1, 111RDUE2,
111TCE, 111TDRE, and 101TCE, required for construction of roadway and related improvements to Vanderbilt
Beach Road (Project No. 60168). Estimated Fiscal Impact: None.
Meeting Date: 08/22/2023
Prepared by:
Title: Manager, ROW Acquisition — Transportation Engineering
Name: Robert Bosch
07/13/2023 7:19 AM
Submitted by:
Title: Division Director - Transportation Eng — Transportation Engineering
Name: Jay Ahmad
07/13/2023 7:19 AM
Approved By:
Review:
Transportation Engineering
Robert White
Additional Reviewer
Completed 07/13/2023 8:22 AM
Transportation Management Services Department
Jeanne Marcella
Transportation Management Services
Department
Completed 07/13/2023 8:26 AM
Transportation Engineering
Jay Ahmad
Additional Reviewer
Completed 07/13/2023 8:35 AM
Growth Management Community Development Department
Lisa Taylor
Additional Reviewer Completed
07/13/2023 9:30 AM
Transportation Management Operations Support
Tara Castillo
Additional Reviewer Completed
07/13/2023 1:31 PM
Transportation Engineering
Matthew Thomas
Additional Reviewer
Completed 07/17/2023 8:53 AM
County Attorney's Office
Sally Ashkar
Level 2 Attorney Review
Completed 07/18/2023 4:20 PM
Transportation Management Services Department
Trinity Scott
Transportation Completed
07/26/2023 1:58 PM
Office of Management and Budget
Blanca Aquino Luque
Level 3 OMB Gatekeeper Review
Completed 07/26/2023 2:33 PM
Office of Management and Budget
Agnieszka Chudy
Additional Reviewer
Completed 07/26/2023 3:01 PM
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Completed 07/26/2023 4:19 PM
County Manager's Office
Amy Patterson
Level 4 County Manager Review
Completed 08/16/2023 2:27 PM
Board of County Commissioners
Geoffrey Willig
Meeting Pending
08/22/2023 9:00 AM
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16.B.6.a
PROJECT: 60168 & 60109
PARCEL Nos.: 111RDUE1, 111RDUE2, 111TCE, 111TDRE & 101TCE
FOLIO Nos.: Portions of 79305005744, 79305001447, 79305005702 & 79305006662
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (herein referred to as the "Agreement") is made
and entered into on this day of !3Z 4 2019, by and between
VANDERBILIT COMMUNITY ASSOCIATION, INC., a Florida non-profit corporation, whose
mailing address is 8250 Danbury Boulevard, Naples, FL 34120 (hereinafter referred to as
"Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, whose
mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800,
Naples, Florida 34112 (hereinafter referred to as "County").
WHEREAS, County requires perpetual non-exclusive road right-of-way, drainage and
utility easements over, under, upon and across the lands described in Exhibits "Al" and
"A2", which are attached hereto and made a part of this Agreement (hereinafter referred to
as "Parcel 111RDUE1 " and "Parcel 111 RDUE2" respectively ); and
WHEREAS, County requires temporary construction easements over, under, upon
and across the lands described in Exhibits "B1" and "132", which are attached hereto and
made a part of this Agreement (hereinafter referred to as "Parcel 111TCE" and "Parcel
101TCE" respectively), for the purpose of constructing roadway, sidewalk, drainage and
utility facilities within the public right-of-way immediately adjacent thereto; and
WHEREAS, County requires a temporary driveway restoration easement over, under,
upon and across the lands described in Exhibit "C", which is attached hereto and made a
part of this Agreement (hereinafter referred to as "Parcel 111TDRE"); and
WHEREAS, Owner desires to grant Parcels 111RDUE1, 111RDUE2, 111TCE,
101 TCE and 111 TDRE (hereinafter collectively referred to as "the Easements") to County
for the stated purposes, on the terms and conditions set forth herein; and
WHEREAS, County has agreed to compensate Owner for the grant of Parcels
111 RDUE1 and 111 RDUE2, and Owner has agreed to grant Parcels 111TCE, 101TCE and
111TDRE to County for no monetary compensation.
NOW THEREFORE, in consideration 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. RECITALS - 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. PURCHASE PRICE - Owner shall grant Parcels 111 RDUE1 and 111 RDUE2 to County
for the sum of Four -Hundred -Sixty -Five Thousand Dollars ($465,000) (U.S.
Currency) payable at time of closing, subject to the apportionment and distribution of
proceeds pursuant to Paragraph 10 of this Agreement. Additionally, Owner shall grant
Ea
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Parcels 111TCE, 101TCE and 111TDRE to County for no monetary compensation.
(Said transactions are hereinafter referred to as the "Closing"). Said payment to
Owner, payable by County Warrant or funds wire transfer, shall be full compensation
for the Easements granted , including all landscaping, trees, shrubs, improvements,
and fixtures located thereon, and shall be in full and final settlement of any and all
damages resulting to Owner's remaining lands, including any alleged damages arising
from the construction of improvements to both Vanderbilt Beach Road and Massey
Street, mitigation for traffic noise, costs to cure, including, but not limited to (if
applicable), noise attenuation walls, landscape buffers, the cost to relocate the existing
irrigation system and other improvements, and the cost to cut and cap irrigation lines
extending into the Easements, and to remove all sprinkler valves and related electrical
wiring, and all other damages in connection with grant of said Easements to County,
and including all attorneys' fees, expert witness fees and costs as provided for in
Chapter 73, Florida Statutes. Notwithstanding the foregoing, County shall at its
expense, relocate or replace any portions of Owner's existing chain link fence that
conflict with the proposed project improvements or construction activities. Any portions
of the existing chain link fence that are located within Parcel 111 RDUE2 and do not
conflict with the proposed improvements shall be allowed to remain in their present
location and shall continue to be maintained by Owner.
3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall obtain from the holders of
any liens, exceptions and/or qualifications encumbering the Easements, the execution
of such instruments which will remove, release or subordinate such encumbrances
from the Easements upon their recording in the public records of Collier County,
Florida. Prior to Closing and as soon after the execution of this Agreement as is
possible, Owner shall provide County with a copy of any existing title insurance policy
and the following documents and instruments properly executed, witnessed, and
notarized where required, in a form acceptable to County (hereinafter referred to as
"Closing Documents"):
(a) Easement instruments;
(b) Instruments required to remove, release or subordinate any and all liens,
exceptions and/or qualifications affecting County's enjoyment of the
Easement;
(c) Closing Statement;
(d) Grantor's Non -Foreign, Taxpayer Identification and "Gap" Affidavit;
(e) W-9 Form; and
(f) Such evidence of authority and capacity of Owner and its representatives to
execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by County, County's
counsel and/or title company.
4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the
essence. Therefore, Closing shall occur within ninety (90) days of the date of execution
da
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of this Agreement or within thirty (30) days of County's receipt of all Closing Documents,
whichever is the later. This agreement shall remain in full force and effect until Closing
shall occur, until and unless it is terminated for other cause. At Closing, payment shall
be made to Owner in that amount shown on the Closing Statement as "Net Cash to the
Seller."
5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner agrees to
relocate any existing irrigation system located on the Easements including irrigation
lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the
project. County shall provide Owner with at least sixty days' written notice of
commencement of construction. Owner assumes full responsibility for the relocation
of the irrigation system (if any) on the remainder property and its performance after
relocation. Owner holds County harmless for any and all possible damage to the
irrigation system in the event owner fails to relocate the irrigation system prior to
construction of the project.
If Owner elects to retain improvements and/or landscaping ("Improvements") located
on the Easements (if any), Owner is responsible for their retrieval prior to the
construction of the project without any further notification from County. Owner
acknowledges that County has compensated Owner for the value of all improvements
located within the Easement area, and yet County is willing to permit Owner to salvage
said improvements as long as their retrieval is performed before construction and
without interruption or inconvenience to the County's contractor. All improvements not
removed from the Easements prior to commencement of construction of the project
shall.be deemed abandoned by Owner.
This provision shall survive Closing and is not deemed satisfied by grant of title.
6. LAWN MOWING OF PARCELS 111 RDUE1 AND 111 RDUE2 -Owner is responsible
for the lawn mowing of Parcels 111 RDUE1 and 111 RDUE2.
7. TERM OF TEMPORARY EASEMENTS AND RESTORATION OF SURFACE AREA —
The term of Parcels 111TCE and 111TDRE shall commence upon the issuance of
Grantee's official Notice to Proceed to its roadway contractor for the construction of the
Vanderbilt Beach Road Extension Project No. 60168 and shall automatically terminate
1,095 days therefrom.
The term of Parcel 101TCE shall commence upon the issuance of Grantee's official
Notice to Proceed to its roadway contractor for the construction of roadway, drainage
and utility improvements to Massey Street Project No. 60109 and shall automatically
terminate 1,095 days therefrom. However, if construction of the proposed roadway and
related improvements to Massey Street are added to the Vanderbilt Beach Road
Extension Project No. 60168, then the term of Parcel 101TCE shall be the same as
that provided for Parcels 111TCE and 111TDRE in this paragraph.
Upon completion of the construction of improvements within the public right-of-way
immediately adjacent to Parcels 101TCE and 111TCE, Grantee shall use its best
efforts to restore the surface area and landscaping of Parcels 101TCE and 111TCE to
their pre-existing condition.
0
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8. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things which
may be required to give effect to this Agreement immediately as such requirement is
made known to them or they are requested to do so, whichever is the earlier.
9. REPRESENTATIONS AND WARRANTIES - Owner agrees, represents and warrants
the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the Easements, to enter into and to execute this Agreement, to
execute, deliver and perform its obligations under this Agreement and the
instruments executed in connection herewith, to undertake all actions and to
perform all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
(b) County's acceptance of the Easements shall not be deemed to be full
performance and discharge of every agreement and obligation on the part of
Owner to be performed pursuant to the provisions of this Agreement.
(c) No party or person other than County has any right or option to acquire the
Easements or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in force and
effect, Owner shall not encumber or grant any portion of the property
underlying the Easements or any rights therein, nor enter into any agreements
granting any person or entity any rights with respect to the Easements, without
first obtaining the written consent of County to such grant, encumbrance, or
agreement, which consent may be withheld by County for any reason
whatsoever.
(e) There are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Easements.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Easements or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Easements which has not been disclosed to County in writing prior to the
effective date of this Agreement.
(g) County is entering into this Agreement based upon Owner's representations
stated in this Agreement and on the understanding that Owner will not cause
the physical condition of the property underlying the Easements to change
from their existing state on the effective date of this Agreement up to and
including the date of Closing. Therefore, Owner agrees not to enter into any
contracts or agreements pertaining to or affecting the property underlying the
Easements and not to do any act or omit to perform any act which would
0
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adversely affect the physical condition of the property underlying the
Easements or their intended use by County.
(h) The property underlying the Easements, and all uses of the said property, have
been and presently are in compliance with all Federal, State and Local
environmental laws; that no hazardous substances have been generated,
stored, treated or transferred on the property underlying the Easements except
as specifically disclosed to the County; that the Owner has no knowledge of
any spill or environmental law violation on the property contiguous to or in the
vicinity of the Easements to be sold to the County, that the Owner has not
received notice and otherwise has no knowledge of: a) any spill on the
property underlying the Easements; b) any existing or threatened
environmental lien against the property underlying the Easements; or c) any
lawsuit, proceeding or investigation regarding the generation, storage,
treatment, spill or transfer of hazardous substances on the property underlying
the Easements. This provision shall survive Closing and is not deemed
satisfied by grant of title.
10, INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the
County against and from, and reimburse the County with respect to, any and all
damages, claims, liabilities, laws, costs and expenses (including without limitation
reasonable paralegal and attorney fees and expenses whether in court, out of court, in
bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by
or asserted against the County by reason or arising out of the breach of any of Owner's
representations under paragraph 8(h). This provision shall survive Closing and is not
deemed satisfied by grant of title.
11. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all fees
to record any curative instruments required to clear title, and all Easement instrument
recording fees. In addition, County may elect to pay reasonable processing fees
required by lien -holders and/or easement -holders in connection with the execution and
delivery of a Release or Subordination of any mortgage, lien or other encumbrance
recorded against the property underlying the Easements; provided, however, that any
apportionment and distribution of the full compensation amount in Paragraph 2 which
may be required by any mortgagee, lien -holder or other encumbrance -holder for the
protection of its security interest, or as consideration due to any diminution in the value
of its property right, shall be the responsibility of the Owner, and shall be deducted on
the Closing Statement from the compensation payable to the Owner per Paragraph 2.
County shall have sole discretion as to what constitutes "reasonable processing fees."
12. PRIOR YEAR AD VALOREM TAXES - There shall be deducted from the proceeds of
sale all prior year ad valorem taxes and assessments levied against the parent tract
property which remain unpaid as of the date of Closing.
13. EFFECTIVE DATE - 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.
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14. PUBLIC DISCLOSURE - Owner shall make a written public disclosure, according to
Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for
perjury, of the name and address of every person having a beneficial interest in the
property underlying the Easements before the Easements held in such capacity are
granted to County.
15. ENTIRE AGREEMENT - Grant of the Easements, or any interest in the property
underlying the Easements, by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated herein; 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. No modification, amendment or cancellation of this Agreement shall be of any
force or effect unless made in writing and executed and dated by both Owner and
County.
16. BREACH AND TERMINATION - If either party fails to perform any of the covenants,
promises or obligations contained in this Agreement, such party will have breached this
Agreement and the other party may provide written notice of said breach to the party
in breach, whereupon the party in breach shall have 15 days from the date of said
notice to remedy said breach. If the party in breach shall have failed to remedy said
breach, the other party may, at its option, terminate this Agreement by giving written
notice of termination to the party in breach and shall have the right to seek and enforce
all rights and remedies available at law or in equity, including the right to seek specific
performance of this Agreement and to an award of attorney's fees and costs.
17, SEVERABILITY - Should any part of this Agreement be found to be invalid, then such
invalid part shall be severed from the Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect and not be affected by such invalidity.
18. VENUE - This Agreement is governed and construed in accordance with the laws of
the State of Florida and the parties consent to the jurisdiction of the Twentieth Judicial
Circuit Court, in and for Collier County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED: /D bu, 11 m
ATTEST:. = _.
CRYS I: * NZEL, Clerk of
the^ R'0,� Apmptroller
BOARD OF COUNTY COMMISSIONERS
COLLIER CO IDA
Will' m L. McDaniel, Jr.
Ch irman
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16.B.6.a
AS TO OWNER:
Witness (Signature)
vL P Oak
Name (Print or Type)
Approved as to form and legality:
Jennifer A. Belpe .
Assistant County Attorney
Last Revised: 06/2412019
Page 7
VANDERBILT COMMUNITY ASSOCIATION,
INC., a Florida non-profit corporation
B
Paul . iacobbe, Secretary
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AGUE ROADWAY, DRAINAGE AND ItTILfTY EASEMENT
OR OFFICIAL RECORDS (t1OOK/PAGE)
{2QL�XX7T PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT
LEGAL DESCRIPTION (PARCEL 111 RDUE1)
A PARCEL OF LAND LYING IN SECTKIN 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING
MORE PARTICULARLY OESCRIBEO AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 35:
THENCE N.02'17.24 W., ALONG THE EAST LINE OF SAID SECTION 35, FOR 60.04 FEET; THENCE S.89'55'06'W., ALONG
A LINE LYING 60 FEET NORTHERLY OF AND PARALLEL TO THE SOUTH LINE OF SAID SECTION .35, FOR 30.02 FEET
TO THE POINT OF BEGINNING OF THE PARCEL +fMIN DESCRIBED; THENCE CO"NUE ALONG SAID LINE LYING 60
FEET NORTHERLY OF ANO PARALLEL TO THE SOUTH UNE OF SAID SECTION 35, FOR 305.03 FEET;
THENCE N.86' 11'09"E., FOR 239.96 FEET;
THENCE NAV46'38"E., FOR 55,15 FEET;
THENCE N.12'41'18"E., FOR 105.51 FEET;
THENCE S,02'l7'24'E„ FOR 160.36 FEET TO THE POINT OF BEGINNING OF THE PARCEL ,9MAI}��(�DFKPEIN.
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CONTAINING 6,218 SQUARE FEET, MORE OR LESS. r , .
BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA MT ZONE. + ,�.�,��?�1G`R�E'••�'�` �
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COLW£R COUNTY, FLOTNDA R13NGINEERIN6' LSNo.:a9"'
JOB NUMBER REVLSION SEC1t0N 7CWNSHIP RA40E SCALE DATE ORAINN H1' FILE NAIfE SKEET
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EXHIBIT "A2"
SKETCH AND DESCRIPTION
PROPOSED 30' RIGHT-OF-WAY
PARCEL 111RDUE2
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A PORTION OF A TRACTS FOS AND FDIO ACCORDING TO
VANDERBILT COUNTRY CLUB - 2, AS RECORDED IN PLAT BOOK 32
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PAGES 42.55 ALL IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26
EAST, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
GRAPHIC SCALE
I
ARID BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 35, TOWNSHIP 40 SOUTH, RANGE 26 EAST,
( IN FEET)
THENCE RUN SOUTH 02'18'03" EAST 669.00 FEET ALONG THE EAST LINE OF SAID SECTION TO A
1 Inch - 000 1t.
POINT AT THE NORTH LINE OF TRACT FDIO ACCORDING TO VANDERBILT COUNTRY CLUB - 2, AS
0 1/2 X 14 Not to Bodo
RECORDED IN PLAT BOOK 32 PAGES 42.55 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
AND BEING THE POINT BEGINNING; THENCE CONTINUE SOUTH 02*18*03" EAST ALONG SAID SECTION
P.O.C.
LINE AND SAID TRACT FDIO A DISTANCE OF 2006.86 FEET TO THE EAST QUARTER CORNER OF SAID
NORTHEAST CORNER
SECTION; THENCE SOUTH 02'18'14' EAST ALONG SAID EASTSECTION LINE 787.95 FEET TO THE
SOUTH LINE OF TRACT fD70 AND THE NORTH LINE OF TRACT FD5; THENCE CONTINUE SOUTH
SECTION 35, TOWNSHIP
SE
SE
02*18*14" EAST 1828.50 FEET ALONG SAID SECTION LINE TO THE SOUTH LINE OF TRACT F05 AND THE
SOUTH, RANGE 26 EAST
SOUTH LINE OF SAID PLAT; THENCE LEAVING SAID EAST SECTION LINE SOUTH 89'54'06" WEST 30.02
FEET ALONG SAID SOUTH LINE OF TRACT FOS AND THE SOUTH LINE OF SAID PLAT; THENCE LEAVING
SAID SOUTH LINE OF TRACT FOS AND SOUTH LINE OF SAID PLAT NORTH 02'18'14' WEST 1827.34
W'
FEET TO THE NORTH LINE OF SAID TRACT FOS AND THE SOUTH LINE OF SAID TRACT FDIO; THENCE
o
CONTINUE NORTH 02'18'14" WEST 697.66 FEET; THENCE NORTH 87'41'46" EAST RAID FEET; THENCE
NORTH 02'18'14" WEST 9 0.3 0 FEET; THENCE NORTH 02'18'03" WEST 430.00 FEET; THENCE SOUTH
N:w
87'41'S7" WEST 8.00 FEET; THENCE NORTH 02'18'03" WEST 1578.04 FEET; THENCE NORTH 89*56'43"
N 99,5643, E N
EAST 30.02 FEET ALONG THE NORTH LINE OF SAID TRACT FDIO AND THE NORTH LINE OF SAID PLAT
30.02, '1�
TO THE POINT OF BEGINNING.
CONTAINING 3.09 ACRES MORE OR LESS
GENERAL NOTES:
P.O.B. 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF.
2. BEARINGS ARE ASSUMED AND BASED ON THE EAST LINE OF THE
NORTHEAST CORNER OF SECTION 35, TOWNSHIP 48 SOUTH,
TRACT FDIO RANGE 26 EAST, BEING 5 02'18'03" E.
3, ABSTRACT HOT REVIEWED.
g
4. LEGEND
r
P.O.B. = POINT OF BEGINNING
VANDERBILT COUNTRY CLUB-2 3
P.O.C.=PONT OF COMMENCEMENT
PLAT BOOK 32 PAGES 42.55 }� c
to 1e
FD = FUTURE DEVELOPMENT
z
g o SECTION LINEC�7
QUARTER CORNER
SECTION 95, TOWNSHIP48
SOUTH, RANGE 26 EASTi
REFEREN[EDETAILTO
THE RIGHTw18'14'W90.30,z2SOUTH
LINE TRACTFOIO
� SOUTH LINE TRACTFDIONORTH
LINE TRACT FD5 m
m NORTH LINE TRACTFOS
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w
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PREPARED BY:
VANDERBILT COUNTRY CLUB •2
TRACT FDS
PLAT BOOK 32 PAGES 42.55
t
3
W 'THOMAS J. ANOERSON,, P.S,M.
FLORIDA SURVEYOR S MAPPER LS 5804
COLLIER COUNTY SURVEYOR
00
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COLLIER COUNTY
SECTION LINE
Grovith Management Division
Road Maintenance Department
SOUTHEAST CORNER
2RRS Synth l lorwshu Drive, Noplcs Florida 341 &1
S 89'54'06"W
`SFCTI01135, TOWNSHIP
I'hntIC;239-232-R 192
30.02'
48 sount, RANGE 26 EAST
Dntc:
SCALE:
I'roJectNn:
FileNn:
VANDERBILT BEACH ROAD
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NEST UN: OF
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p5 '• IHE SOUTHEAST 1/4.
OF SECTION 35
VANDERBILT CMMTY ASSOC
INC. OR 29a1 PG 2366
TH3Dssln'•aa7 \ (HE SOUTHEAST 1/4,
THE SOUTHEAST 1/4•
OF SECTON 35
NORTH LINE OF THE
SOUTH 60 FEET OF THE
I SOUTHEASI 1/4. OF
THE SOUTHEAST 1/4.
' OF SECTION 35 Lt3'
j
. J
L2 L3
VANDERBILT
SOUTHEfST CORNER OT
TIIE SOUTHEAST 1/4.
THE SOUTHEAST J/a,
Of SECTION 35
EXHIBIT `EBl"
1 � 1
(h 1
td n'
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PROPOSED
OEL R111 7CE
V84 $0, FT, 1
1 r-
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OFL
1 CTI�ON
IT
—.,-__--.
LA -
�SOIITH LINT. ^_I
BEACH ROAD Or SECTION e5
SW COR SEC tie.
T,.Aa,.S. R-26.,L I
NE CON SEC 2,
Nw con SEC 1.
T-49-S. R 2E •£
1,111L I)Sx E
EXDE EXISTING DRAINAGE EASEMTNI PER PLAT HOOK A, PACE ?7 UNE NrunNe LFWIH
TDRE TEMPORARY DRIVEWAY RESTORATION EASEMFNi 11 NO2'li'26'w + aa.o+'
OR OFFICIAI. RECORDS (BOOK/PAGr_) 17 I aaess':1 t 1+l,sl
PROPOSED (F,MPORARY CONSTRUCTION EASEMFNT Ls ---
h89'SS•04'E d+2l•.
_..14 _ NET. � t'f13'E 234 9fi'•
:'s NAO'+6.38'E 5515'
LEOAL DESCRIPTION (PARCEL 1 S f TCE) R,:
A PARCEL OFLAUD L'OWC iN SEC7!CN 75. 7DwNS111P 4Lf SOUSNRANGE 26 FAST, COIUER COUN-Y, N07 te'u'w spCyCO' rLORIDA, BEINO MORE PARTIC.ULARij DESCRIBED AS FOLLOWS:
COMMENOMp AT SOUTHWEST CORNER OF THE 50UIKAST QUARTER, OF THE SOUIHEASI OUARTER, SC
SAID SECTION 35.
to
u 1,g
56%4T'�blY
502't11'I a'E
tf.na'
49N 87'
THENCE H.0246'26'1Y., ION 0004 FEET TO A POINT ON THE NORTH LINE OF
1HE SOUTH 60 FEET OF
Lto
51Tat'1yW
_
101J+'
SAID SOUTHEAST OUARTER:
THENCE N.89'S5'17"C., ALONG SAID NORTH LINE, rOR 141.81 FEET TO THE POINT OF BMNFBNC OF
LI1
340'46:36v7
ml 47,
THE HEREIN OCS018E0 PARCEL;
THENCE KIIT55'04"f.. FOR 646.08 FEET ALONG SAID NORfH LINE;
u:
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THENCE N.86'+1'D9"E., FOR 239 96 FEET;
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THENCE N.40746'38'E„ FOR 55 1A F'EL'1;
I
1I+
502'1T2/Y,
L0,01'
THENCE N.12'41' IS"E.. FOR IC554 FEET;
THENCE 1102'014"w., rOR 500.00 CFF 1;
1IIENCE S174V46'W., FOR 10,00 FECI;
THEN('E S07'18'14"E., FOR 49B.57 FCCT;
THENCE 5.12'41')81W.. FOR tot 74 1Fr,T,
Es�s 4d..•.••
,Gr ••``+�{�' f�
: "
THENCE S.40'46'36" W.. FOR 48.47 FEET,
�t1Cat(J
* ' �� �••• "
IHEHCE' S.86'11'09"W , FOR 235,a5 FF.FT:
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.� •'
IHENCE 5.89$506ly., FOR 846 1.3 FEET:
: 6301 S M
THENCE 5.02'17'24"E., FOR 10.01 FECT TO A PO+4F ON SAID NORTH UTLE AN(T
BEOM"NO OF 'THE HEREIN DESCRIBED PARCEL.
10 Ili[ POINT Of '; • '� Z
�� 1 2j�: O _�
CONTAINING 17,384 SOE EEL; MORE OR LE55.
UNl F
i np�`' • O��
of
a••ETT`•�GJ�1;
DE.ARINOS ARE BASED ON STATE PLANE. COORDINATES, FLORIDA EAST ZONE
;��
erp� Land
,,•'
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SKETCH & DESCRIPTION ONLY
-FTC A. AMR PApr S 1PUL s W V'
T4Al4A c nivruE
NOT A 90UNDARY SURVEY
xa ma1
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F04: COLLIER CDUNTY GOVERNMENT BOARD OF COUNTY COLR4:SS10NERS
W1 VA.;t AIr.+7Li1 IhL swim A Umnsic, 1UL 01
A FLWi A gf1WIftin Pw11E5S "L SWN(YCA mo
VANDRRBSLT BEACH ROAD F.XTFNSION
SKETCH & DESCRIPTION OF: 5310 w&ow Pori Dr., Stile 200
PROPOSED TEMPORARY CONSTRUCTION EASEMENT Nhnen{23p)S97•p575
PARCEL Ill TCE Fax: 1239) 597.0578
COLLIER COUNTY, MRTDA ENGINEERING LB Ho 6952
JOB NUMRFR REVISION SECTION TOWNSHIP RANGE S(:A(F DATE DRAWN BY FILE NAME SHLET
060119,00,00 2 35 495 26E 1 "n 100' 9-•20-19 WF SKI TICE 1 (if I
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Packet Pg. 603
16.B.6.a
PROJECT NO.60109
PROJECT PARCEL NO. 101TCE
EXHIBIT "B2"
LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT)
THE EASTERLY FORTY FEET OF THOSE LANDS KNOWN AS VANDERBfLT COUNTRY CLUB --
2, AS RECORDED IN PLAT BOOK 32, PAGES 42 THROUGH 55 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, LYING 1N SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THOSE PARCELS KNOWN AS PARCELS
111RDUE1, 111 RDUE2 AND 111TCE, AFORESAID PARCELS BEING MORE FULLY DESCRIBED
IN THE LEGAL DESCRIPTIONS AND SKETCHES ATTACHED HERETO.
CONTAINING 1.005 ACRES, MORE OR LESS.
Wor County OrmAth hlanagomant 01,20119 251 PM
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Packet Pg. 604
16.B.6.a
N
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S
lvEsf LINE OF
THE SOUTHEAST ,/4,
THE SOUTHEAST 1/4,
OF SF,CTION 35
VANDERBILT BEACH ROAD
r UNE TABLE
UNE SEARING LENGTH
LI
02' 6'25"W
60.04
L2
N 9'65'05" :
25.73
L5
NO ' 7'24"W.
104.35
L4
N6739'57"E
106.63
LS
SO1.57'46'E
V 80.15
30.C4
L6
519'23'1
L7
58955'06'WI
115.09
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EXHIBIT `IC"
(HE SOUTI-EAST 1/4.
df NpLES It,C THE SOUThEASf 1/4
1 t206/io45 OF SECTION 35
PARCEL 111 TORE\
11,444 50. FT.
NORTH L':VE 0% ft
SOUTH 60 FEET OF THE
SOUTHEAST I/4, OF
TH: SOUTHEAST I/A. `
CF SECTION 35
SOUTH LINE
ININc / OF StCT10N 35
LCOM ENCEMENTI
SOUTHWEST CORNER OF
THE SOUTHEAST 1/4,
THE SOUTHEAST I/4,
OF SECTIO,, 35
F,XDE EXISTING DRAINAGE EASCMENT PER PLAT SOCK 4, PACrF 77
TORE TEMPORARY DRIVEWAY RESTORATION EASEWNT
OR X X I OFFICIAL RECORDS (BOOK/PAGE)
m
PROPOSED ROADWAY, DRAINAGE AND UTIL TY EASEMENT
LEGAL DESCRIPTION (PARCEL 117 TORE)
A PARCEL OF LAND LYING IN SECTION 15. TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORID& BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT SOUTHWEST CORNER OF THE SOUTHEAST QUARTER, OF THE SOUTIICAST CUARTER, OF
SAID SECTION 35;
THENCE N.02'I6'26"W., FOR 60.04 FEET 10 A POINT ON THE NORTH LINE OF THE SOUTH 60 IEET OF
SAID SOUTHEAST QUARTER;
[HENCE N.89'55'06"E.. ALONG SAID NORTH LINE, FOR 26.7J FEET TO THE POINT OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL;
THENCE N,02'17'2d"W., FOR 104.35 FEET; -MCM - ROW
THENCE N.87'39'37'E., FOR 106,63 FEET: DECqq e Iy�I1
THENCE S.01'57'46"E., FCR 80,15 ;EFT; DEC L 1 20p9
THENCE S.19'23^ 2" E., FOR 30.04 qtJ TO A POINT ON SAID NORO- ltt<;
THENCE S.89'55'06'W., ALONG SAID NORTH L•NE, FOR 115.09 FEET TO THE POINT OF BEGINNING OF THE
HEREIN DESC9ISED PARCEL.
CONTAINING 11,444 SOJARE FEET. MORE OR LESS.
BEARINGS ARE BASED ON STATE PLANE COORDINATES, ;LORIDA EAST ZONE
Aa
o eu IROSKETCH & DFSCRIPTIO14 ONLY _ _ _ xtMianu� c�tirA�c a. s»I
NOT A oouNDART sURvtr DI+c:
FOR: COLLIER COUNTY OOVERNNE.NT BOARD OF COUN7Y COMMISSIONERS 1°+ 'alto KTMpyr 1trE lIGY4TVAE k O'MC.+K Ar+3[D LMlCSSEC StI1 01'
A rLOMDR Aicnl(AED YXU/tSSlalV xrrvcYal MD 1UPllX
VANDERBILT DEACH ROAD EXTENSION try
SKETCH & DESCRIPTION OF:
PROPOSED TER15011ARY DRIVEWAY RE90RATTON EASEMENT
PARCEL III TDRE selo uM• wltewPoledl.acn
N.DYR Flevba 9�10�
COLLIER COUNTY, PLORIDA Phmg R341 SDs.OS14 PAX:"169146M
L11 ewt
JOB NUMBER R VISION EC STW!! TOwm3I IIP RANGE SCALE OATC 0M BY FlLE NAME I SHFFT
= 120' 112-10-09_I R.Y.I _ SXIiIIQRF I OF I
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Packet Pg. 605
16.B.6.c
From:
Heldorfer, Kevin
To:
MessamMarlene; BoschRobert
Cc:
Gramer. Bill; MatthewThomas; WhiteRobert
Subject:
RE: VCC Wall
Date:
Tuesday, April 11, 2023 3:51:46 PM
Attachments:
imaae003.ona
imaae004.ioa
imaae005.ioa
imaae001.ona
Massey Wall EW backuo 4-11-23.odf
Massey Wall EW log 04-11-23.odf
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme
caution when opening attachments or clicking links.
All —
See below for the Massey St. cost changes to the project.
Additional Earthwork (see attachment for backupl:
Total additional excavation = 223 CY @ $10/CY = $2,230 (payitem 120-1)
Total additional embankment = 472 CY @ $20/CY = $9,440 (payitem 120-6)
Total additional Cost to the project = $11,670
®❑
Fence Deduction:
Total deduction to the fence = 4,562 LF @ $45/LF = $205,290 (payitem 550-10-242)
®❑
Temporary Fence (no cost
Per the additional specifications in the bid documents (exhibit 1), the contractor is responsible for a temporary secure
perimeter along Massey St to VCC.
Please let me know if you have any comments.
Regards —
Kevin Heldorfer
Civil Engineer Designer/ Project Manager
Transportation Business Group
D 1 239 4319211
E Kevin.He1dorferC@Jacobs.com
Packet Pg. 606
16.B.6.c
5811 Pelican Bay Blvd., Suite 305
Naples, FL 34108
www.macobs.com I Linkedln I Twitter I Facebook I Instagram
From: MessamMarlene <Marlene.Messam@colliercountyfl.gov>
Sent: Monday, April 10, 2023 2:52 PM
To: Heldorfer, Kevin <Kevin.Heldorfer@jacobs.com>; BoschRobert <Robert.Bosch@ col liercountyfl.gov>
Cc: Gramer, Bill <Bill.Gramer@jacobs.com>; MatthewThomas <Matthew.Thomas@colliercountyfl.gov>; WhiteRobert
<Robert.White@colliercountyfl.gov>
Subject: [EXTERNAL] RE: VCC Wall
Hi Kevin,
I noticed that an opinion on the construction cost still needs to be provided. So please submit an estimate for these
revisions. Thanks.
From: Heldorfer, Kevin <Kevin.Heldorfer(@iacobs.com>
Sent: Friday, March 24, 2023 3:37 PM
To: MessamMarlene<Marlene.Messam(@colliercountyf, Lg_ov>; BoschRobert <Robert. Bosch CcDcolliercountyfl.gov>
Cc: Gramer, Bill <Bill.Gramer(cDjacobs.com>; MatthewThomas <Matthew.Thomas(cDcolliercountyfl.gov>; WhiteRobert
<Robert.White(@Colliercountyfl.gov>
Subject: RE: VCC Wall
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme
caution when opening attachments or clicking links.
All —
Attached are the updated plans for VCC.
Regards —
Kevin Heldorfer
Civil Engineer Designer/ Project Manager
Transportation Business Group
D 1 239 4319211
E Kevin. HeldorferC@Jacobs.com
5811 Pelican Bay Blvd., Suite 305
Naples, FL 34108
www.macobs.com I Linkedln I Twitter I Facebook I Instagram
Packet Pg. 607
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Vanderbilt CC Eastern Property Line
Type D Buffer @ 10' width
Property Boundary Length
Buffer Area
4,600
46,000
LF
SF
Estimated Landscape
& Irrigation Replacement Costs
Material
Qty
Unit
Specification
Estimated
Unit Cost
Estimated Total
Cost
Trees @ 30' OC
153
EA
25 GAL., 10' HT., 1-3/4" CAL., 4' SPR.
$ 375.00
$
57,500.00
Shrubs Double hedge @ 36" oc
3,067
EA
3 GAL., 24" HT MIN.
$ 12.00
$
36,800.00
Mulch
285
CY
2" min. settled depth
$ 40.00
$
11,380.74
Root Barrier
3,067
LF
18" depth min., 20' per tree
$ 4.00
$
12,266.67
Irrigation
46,0001
SF
100% Coverage for all buffer materials
$ 0.66
1 $
30,360.00
TOTAL COST
$
148,307.41
Overall estimated cost savings to the County:
Original Agreement
205,290.1
11,670.1
New Agreement o0
�
�
Fence
$ 205,290.00
$
Difference
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PROJECT: 60168
PARCEL Nos: 111RDUE1, 111RDUE2, 111TCE, 111TDRE & 101TCE
FOLIO Nos: Portions of 79305005744, 79305001447, 79305005702 & 79305006662
AMENDMENT TO EASEMENT AGREEMENT
THIS AMENDMENT TO EASEMENT AGREEMENT is made and entered into this
day of , 2023 by and between VANDERBILT COMMUNITY
ASSOCIATION, INC., a Florida non-profit Corporation, whose mailing address is 8250
Danbury Boulevard, Naples, FL 34120 (hereinafter referred to as "Owner") and COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299
Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112
(hereinafter referred to as "County").
WHEREAS, County and Owner have entered into an Easement Agreement dated
October 22, 2019 (the "Agreement") attached hereto as Exhibit B; and
WHEREAS, County and Owner are desirous of amending the Agreement.
NOW THEREFORE, in consideration of the covenants and agreements provided
within the Agreement and Ten Dollars ($10.00) and Other Valuable Consideration, the
Agreement is hereby amended as follows:
1. Paragraph 2 of the Agreement is hereby amended by making the following
deletions as shown by strive thFOU0 and additions as shown by underline:
2. PURCHASE PRICE- Owner shall grant Parcels 111 RDUE1 and 111
RDUE2 to County for the sum of Four -Hundred -Sixty -Five Thousand
Dollars ($465,000) (U.S. Currency) payable at time of closing, subject to
the apportionment and distribution of proceeds pursuant to Paragraph 10 of
this Agreement. Additionally, Owner shall grant Parcels 111TCE, 101TCE
and 111TDRE to County for no monetary compensation. Said transactions
are hereinafter referred to as the " Closing"). Said payment to Owner,
payable by County Warrant or funds wire transfer, shall be full
compensation for the Easements granted , including all landscaping, trees,
shrubs, improvements, and fixtures located thereon, and shall be in full and
final settlement of any and all damages resulting to Owner's remaining
lands, including any alleged damages arising from the construction of
improvements to both Vanderbilt Beach Road and Massey Street,
mitigation for traffic noise, costs to cure, including, but not limited to ( if
applicable), noise attenuation walls, landscape buffers, the cost to relocate
the existing irrigation system and other improvements, and the cost to cut
and cap irrigation lines extending into the Easements, and to remove all
sprinkler valves and related electrical wiring, and all other damages in
connection with grant of said Easements to County, and including all
attorneys' fees, expert witness fees and costs as provided for in Chapter
73, Florida Statutes. y&hall a '+&
[23-ECM-02907/1798783/11 s
ccw,
expense, relesate er replace aRy PGFtiensGf il�einer�_ex;`c�ting ehain link
a Gtivities Any nortienc of the evicting nhain link fence that are Ieeaterd within
Dareel 111 RID E2 and rle net eenfliet with the nrepesed imnrevemento
shall be allewed to remain OR their present IGGatiGR and shall GontiRUe te be
mainfaiRedby QwneF.Notwithstanding the foregoing, County shall, at its
expense, remove Owner's existing chain link fence along the west side of
Massey Street and install six-foot high temporary construction fencing in a
location to be agreed upon between County's road contractor and Owner
based on field conditions. Failing agreement, the temporary fencing shall
be installed at the back of the existing sidewalk on the east side of
Gleneagle Way. County shall remove the temporary fencing upon
completion of construction of drainage, berm and related improvements
adjacent thereto as part of the Vanderbilt Beach Road Extension Project
No. 60168, so that Owner can commence construction of its privacy wall.
Owner hereby grants to County a temporary license and right to enter upon
Owner's property, where necessary, for installation and removal of the
aforementioned temporary construction fencing where there is insufficient
space within the area of Parcels 101TCE and 111TCE. As consideration
for being released from the obligation to replace Owner's chain link fence,
Countv shall oav to Owner an additional amount of $205.290.
2. Paragraph 7 of the Agreement is hereby amended by making the following
deletions as shown by Strife thrp-,-, and additions as shown by underline:
7. TERM OF TEMPORARY EASEMENTS AND RESTORATION OF
SURFACE AREA— The term of Parcels 111TCE and 111TDRE shall
commence upon the issuance of Grantee' s official Notice to Proceed to its
roadway contractor for the construction of the Vanderbilt Beach Road
Extension Project No. 60168 and shall automatically terminate 1,095 days
therefrom.
The term of Parcel 101TCE shall commence upon the issuance of Grantee's
official Notice to Proceed to its roadway contractor for the construction of
roadway, drainage and utility improvements to Massey Street Project No.
60109 and shall automatically terminate 1,095 days therefrom. However, if
construction of the proposed roadway and related improvements to Massey
Street are added to the Vanderbilt Beach Road Extension Project No. 60168,
then the term of Parcel 101TCE shall be the same as that provided for
Parcels 111TCE and 111TDRE in this paragraph.
r,f ,., adjaGept terzv-PaTcc-ia 1-1, CE and 11 !TCE,Grantee shall
u e it best -e eeTrt6 to re6tore the su fane area and IandSGanlnn of Darnels
1(11T(`G and 111T(`G to their pre evicting GOnditi„n. County shall, at its sole
cost and expense, grade a flat surface within the area of Parcel 101TCE and
that portion of Parcel 111 TCE that runs along the west side of Massey Street
[23-ECM-02907/1798783/11
I
no.o
in preparation fora privacV wall to be constructed by Owner. The aforesaid
flat surface shall be graded in substantial conformity with the plan sheets
attached hereto as composite Exhibit "A" and incorporated herein b
reference. Owner hereby rants to County a temporary license and right to
enter u on Owner's property, where necessary,for construction of a slo e
to support this flat surface where there is insufficient space for such slope
within the area of Parcels 101TCE and 111TCE. All additional costs relating
to the design, permitting and construction of the privacy wall shall be the sole
responsibility of the Owner. Upon completion of construction of this flat
surface and of roadway and related improvements within the public right-of-
way immediately adjacent to Parcels 101TCE and 111TCE the Count 's
obligation to use its best efforts to restore the surface area and landscaping
to theirpre-existing condition shall be limited to that portion of Parcel
111TCE that runs along the north side of Vanderbilt Beach Road where no
berm is to be installed and which the County does not anticipate will be
impacted by construction of Project improvements.
Except as expressly provided herein, the Agreement between County and Owner
remains in full force and effect according to the terms and conditions contained therein,
and said terms and conditions are applicable hereto except as expressly provided
otherwise herein.
IN WITNESS WHEREOF, Owner and County have hereto executed this
Amendment to Easement Agreement the day and year first above written.
AS TO COUNTY:
ATTEST:
CRYSTAL K, KINZEL, Clerk of
the Circuit Court & Comptroller
am
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
RICK LoCASTRO, Chairman
OWNER'S SIGNATURE BLOCK APPEARS ON THE FOLLOWING PAGE
[23-ECM-02907/1796783/1] j
CAO
AS TO OWNER: VANDERBILT COMMUNITY ASSOCIATION,
INC., a Florida non-profit corporation
DATED: G 2 b?_
BY: w J
Hess (Signature)ROBERT TESCHKE, President
c 1Pdnt l%,
Name (Print or Type)
Witness (Sig na ui )
�ki-c %zz Ica 1
Name (Print or Type)
Approved as to form and legality:
Sally A. Ashkar
Assistant County Attorn
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Exhibit V:�'
PROJECT; 60168 & 60109
PARCEL Nos.: 111RDUE1, 111RDUE2, 111TCE, 111TDRE & 101TCE
FOLIO Nos.. Portions of 79305005744, 79305001447, 79305005702 & 79305006662
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (herein referred to as the "Agreement") is made
and entered into on this LOday of 2019, by and between
VANDERBILIT COMMUNITY ASSOCIATION, INC., a Florida non-profit corporation, whose
mailing address is 8260 Danbury Boulevard, Naples, FL 34120 (hereinafter referred to as
"Owner") and COLLIER COUNTY, a political subdivision of the State of Florida, whose
mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800,
Naples, Florida 34112 (hereinafter referred to as "County").
WHEREAS, County requires perpetual non-exclusive road right-of-way, drainage and
utility easements over, under, upon and across the lands described in Exhibits "Al" and
"A2", which are attached hereto and made a part of this Agreement (hereinafter referred to
as "Parcel 111RDUE1" and "Parcel 111RDUE2" respectively ); and
WHEREAS, County requires temporary construction easements over, under, upon
and across the lands described in Exhibits "131" and "B2", which are attached hereto and
made a part of this Agreement (hereinafter referred to as "Parcel 111TCE" and "Parcel
101TCE" respectively), for the purpose of constructing roadway, sidewalk, drainage and
utility facilities within the public right-of-way immediately adjacent thereto; and
WHEREAS, County requires a temporary driveway restoration easement over, under,
upon and across the lands described in Exhibit "C", which is attached hereto and made a
part of this Agreement (hereinafter referred to as "Parcel 111TDRE"); and
WHEREAS, Owner desires to grant Parcels 111RDUE1, 111RDUE2, 111TCE,
101TCE and 111TDRE (hereinafter collectively referred to as "the Easements") to County
for the stated purposes, on the terms and conditions set forth herein; and
WHEREAS, County has agreed to compensate Owner for the grant of Parcels
111 RDUE1 and 111RDUE2, and Owner has agreed to grant Parcels 111TCE, 101TCE and
111TDRE to County for no monetary compensation.
NOW THEREFORE, in consideration 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. RECITALS - 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. PURCHASE PRICE - Owner shall grant Parcels 111 RDUE1 and 111 RDUE2 to County
for the sum of Four -Hundred -Sixty -Five Thousand Dollars ($465,000) (U.S.
Currency) payable at time of closing, subject to the apportionment and distribution of
proceeds pursuant to Paragraph 10 of this Agreement. Additionally, Owner shall grant
Page 2
Parcels 111TCE, 101TCE and 111TDRE to County for no monetary compensation.
(Said transactions are hereinafter referred to as the "Closing"), Said payment to
Owner, payable by County Warrant or funds wire transfer, shall be full compensation
for the Easements granted , including all landscaping, trees, shrubs, improvements,
and fixtures located thereon, and shall be in full and final settlement of any and all
damages resulting to Owner's remaining lands, including any alleged damages arising
from the construction of improvements to both Vanderbilt Beach Road and Massey
Street, mitigation for traffic noise, costs to cure, including, but not limited to (if
applicable), noise attenuation walls, landscape buffers, the cost to relocate the existing
irrigation system and other improvements, and the cost to cut and cap irrigation lines
extending into the Easements, and to remove all sprinkler valves and related electrical
wiring, and all other damages in connection with grant of said Easements to County,
and including all attorneys' fees, expert witness fees and costs as provided for in
Chapter 73, Florida Statutes, Notwithstanding the foregoing, County shall at its
expense, relocate or replace any portions of Owner's existing chain link fence that
conflict with the proposed project improvements or construction activities. Any portions
of the existing chain link fence that are located within Parcel 111 RDUE2 and do not
conflict with the proposed improvements shall be allowed to remain in their present
location and shall continue to be maintained by Owner.
3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall obtain from the holders of
any liens, exceptions and/or qualifications encumbering the Easements, the execution
of such instruments which will remove, release or subordinate such encumbrances
from the basements upon their recording in the public records of Collier County,
Florida. Prior to Closing and as soon after the execution of this Agreement as is
possible, Owner shall provide County with a copy of any existing title insurance policy
and the following documents and instruments properly executed, witnessed, and
notarized where required, In a form acceptable to County (hereinafter referred to as
"Closing Documents"):
(a) Easement instruments;
(b) Instruments required to remove, release or subordinate any and all liens,
exceptions and/or qualifications affecting County's enjoyment of the
Easement;
(c) Closing Statement;
(d) Grantor's Non -Foreign, Taxpayer Identification and "Gap" Affidavit;
(e) W-9 Form; and
(f) Such evidence of authority and capacity of Owner and its representatives to
execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by County, County's
counsel and/or title company,
4. TIME 1S OF THE ESSENCE - Both Owner and County agree that time is of the
essence. Therefore, Closing shall occur within ninety (90) days of the date of execution
0
0010
Page 3
of this Agreement or within thirty (30) days of County's receipt of all Closirig Documents,
whichever is the later. This agreement shall remain in full force and effect until Closing
shall occur, until and unless it is terminated for other cause. At Closing, payment shall
be made to Owner in that amount shown on the Closing Statement as "Net Cash to the
Seller."
5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner agrees to
relocate any existing irrigation system located on the Easements including irrigation
lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the
project. County shall provide Owner with at least sixty days' written notice of
commencement of construction, Owner assumes full responsibility for the relocation
of the irrigation system (if any) on the remainder property and its performance after
relocation. Owner holds County harmless for any and all possible damage to the
irrigation system in the event owner fails to relocate the irrigation system prior to
construction of the project.
If Owner elects to retain improvements and/or landscaping ("Improvements") located
on the Easements (if any), Owner is responsible for their retrieval prior to the
construction of the project without any further notification from County. Owner
acknowledges that County has compensated Owner for the value of all improvements
located within the Easement area, and yet County Is willing to permit Owner to salvage
said improvements as long as their retrieval is performed before construction and
without interruption or inconvenience to the County's contractor. All Improvements not
removed from the Easements prior to commencement of construction of the project
shall -be deemed abandoned by Owner.
This provision shall survive Closing and is not deemed satisfied by grant of title.
6. LAWN MOWING OF PARCELS 111RDUE1 AND 111RDUE2 - Owner Is responsible
for the lawn mowing of Parcels 111 RDUE1 and 111 RDUE2,
7. TERM OF TEMPORARY EASEMENTS AND RESTORATION CF SURFACE AREA —
The term of Parcels 111TCE and 111TDRE shall commence upon the issuance of
Grantee's official Notice to Proceed to its roadway contractor for the construction of the
Vanderbilt Beach Road Extension Project No. 60168 and shall automatically terminate
1,095 days therefrom.
The term of Parcel 101TCE shall commence upon the issuance of Grantee's official
Notice to Proceed to its roadway contractor for the construction of roadway, drainage
and utllity improvements to Massey Street Project No. 60109 and shall automatically
terminate 1,095 days therefrom. However, if construction of the proposed roadway and
related improvements to Massey Street are added to the Vanderbilt Beach Road
Extension Project No. 60168, then the term of Parcel 101TCE shall be the same as
that provided for Parcels 111TCE and 111TDRE in this paragraph.
Upon completion cf the construction of improvements within the public right-of-way
immediately adjacent to Parcels 101TCE and 111TCE, Grantee shall use its best
efforts to restore the surface area and landscaping of Parcels 101 TCE and 111TCE to
their pre-existing condition.
(a
8
Page 4
MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things which
may be required to give effect to this Agreement immediately as such requirement is
made known to them or they are requested to do so, whichever is the earlier.
9. REPRESENTATIONS AND WARRANTIES - Owner agrees, represents and warrants
the following;
(a) Owner has full right, power and authority to own and operate the property
underlying the Easements, to enter into and to execute this Agreement, to
execute, deliver and perform its obligations under this Agreement and the
instruments executed in connection herewith, to undertake all actions and to
perform all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
(b) County's acceptance of the Easements shall not be deemed to be full
performance and discharge of every agreement and obligation on the part of
Owner to be performed pursuant to the provisions of this Agreement.
(c) No party or person other than County has any right or option to acquire the
Easements or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in force and
effect, Owner shall not encumber or grant any portion of the property
underlying the Easements or any rights therein, nor enter into any agreements
granting any person or entity any rights with respect to the Easements, without
first obtaining the written consent of County to such grant, encumbrance, or
agreement, which consent may be withheld by County for any reason
whatsoever.
(e) There are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Easements.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Easements or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Easements which has not been disclosed to County in writing prior to the
effective date of this Agreement.
(g) County is entering into this Agreement based upon Owner's representations
stated in this Agreement and on the understanding that Owner will not cause
the physical condition of the property underlying the Easements to change
from their existing stale on the effective date of this Agreement up to and
including the date of Closing. Therefore, Owner agrees not to enter into any
contracts or agreements pertaining to or affecting the property underlying the
Easements and not to do any act or omit to perform any act which would
CAO
Page 5
adversely affect the physical condition of the property underlying the
Easements or their intended use by County.
(h) The property underlying the Easements, and all uses of the said property, have
been and presently are in compliance with all Federal, State and Local
environmental laws; that no hazardous substances have been generated,
stored, treated or transferred on the property underlying the Easements except
as specifically disclosed to the County; that the Owner has no knowledge of
any spill or environmental law violation on the property contiguous to or in the
vicinity of the Easements to be sold to the County, that the Owner has not
received notice and otherwise has no knowledge of: a) any spill on the
property underlying the Easements; b) any existing or threatened
environmental 'ien against the property underlying the Easements; or c) any
lawsuit, proceeding or investigation regarding the generation, storage,
treatment, spill or transfer of hazardous substances on the property underlying
the Easements. This provision shall survive Closing and is not deemed
satisfied by grant of title.
10. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the
County against and from, and reimburse the County with respect to, any and all
damages, claims, liabilities, laws, costs and expenses (including without limitation
reasonable paralegal and attorney fees and expenses whether in court, out of court, in
bankruptcy or administrative proceedings or on appeal), penalties or fines Incurred by
or asserted against the County by reason or arising out of the breach of any of Owner's
representations under paragraph 8(h). This provision shall survive Closing and is not
deemed satisfied by grant of title.
11, CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all fees
to record any curative instruments required to clear title, and all Easement instrument
recording fees. In addition, County may elect to pay reasonable processing fees
required by lien -holders and/or easement -holders in connection with the execution and
delivery of a Release or Subordination of any mortgage, lien or other encumbrance
recorded against the property underlying the Easements; provided, however, that any
apportlonment and distribution of the full compensation amount in paragraph 2 which
may be required by any mortgagee, lien -holder or other encumbrance -holder for the
protection of its security interest, or as consideration due to any diminution in the value
of its property right, shall be the responsibility of the Owner, and shall be deducted on
the Closing Statement from the compensation payable to the Owner per Paragraph 2.
County shall have sole discretion as to what constitutes 'reasonable processing fees."
12. PRIOR YEAR AD VALOREM TAXES - There shall be deducted from the proceeds of
sale all prior year ad valorem taxes and assessments levied against the parent tract
property which remain unpaid as of the date of Closing.
11 EFFECTIVE DATE - 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.
'ONO
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Page 6
14, PUBLIC DISCLOSURE - Owner shall make a written public disclosure, according to
Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for
perjury, of the name and address of every person having a beneficial interest in the
property underlying the Easements before the Easements held in such capacity are
granted to County.
15. ENTIRE AGREEMENT - Grant of the Easements, or any interest in the property
underlying the Easements, by Owner Is contingent upon no other provisions,
conditions, or premises other than those so stated herein; 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. No modification, amendment or cancellation of this Agreement shall be of any
force or effect unless made in writing and executed and dated by both Owner and
County.
16. BREACH AND TERMINATION - If either party fails to perform any of the covenants,
promises or obligations contained in this Agreement, such party will have breached this
Agreement and the other party may provide written notice of said breach to the party
in breach, whereupon the party in breach shall have 15 days from the date of said
notice to remedy said breach. If the party in breach shall have failed to remedy said
breach, the other party may, at Its option, terminate this Agreement by giving written
notice of termination to the party in breach and shall have the right to seek and enforce
all rights and remedies available at law or in equity, including the right to seek specific
performance of this Agreement and to an award of attorney's fees and costs.
17. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such
invalid part shall be severed from the Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect and not be affected by such Invalidity.
18. VENUE - This Agreement is governed and construed in accordance with the laws of
the State of Florida and the parties consent to the jurisdiction of the Twentieth Judicial
Circuit Court, in and for Collier County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
A5 TO COUNTY:
DATED: /0 t�i
ATTEST:.
GRYS $ f: NZEL, Clerk of
the g ft�o ^$ mptroller
$''sSG�
BOARD OF COUNTY COMMISSIONERS
COLLIER CC 4DA
BY:
Will m L. McDaniel, Jr.
Ch irman
AS TO OWNER:
I R LL_ � (a-Lmri
Name (Print or Type)
Approved as to form and legality,
� � �k
Jennifer A. Belpe
Assistant County Attorney
Last Revised: 0612412GI9
Page 7
VANDERBILT COMMUNITY ASSOCIATION,
INC., a Florida non-profit corporation
i 1
Paul iacobbe, Secretary
N
w E
5 �
VANDEABLT
COUNTRY CLUB
PR 30/36
rROPosto
PARCEL t1l ROUE1
�Uf SEC110N 35 6.215 SO. FT.
i) 564'S5'06'ri 30563'
VANDERBiff BEACH ROAD ppE[
326.21'(S) �x10lI
1
—POINT or
COMMENCEMENT
LNE: TABLE
LINE
BEARING I
UNCTN
L I
NO2,17'2 4 W
L2
LS
4 d '
15'
L5
SOT 1 '1 4"t
1
EXHIBIT "Al"
M
PB PLAT 00OX (800K/PAGE)
SO. FT, 50VASE FE
EXDE EXISTING DRAINAGE EASEMENT PER PLAT BOOK A. PAGE 77
ROUE ROADWAY, OkXuAGE AND UTILITY EASTMFNT
OR OFFICIAL RECORDS (OOOK/PAGE)
D�G�7XC33Lq] PROPOSED ROADWAY, DRA AGE AND UTILITY EASEMENT
LEGAL DESCRIPTION (PARCEL III ROUEI)
A PARCEL OF LAND LYING IN SECTION 35. TOWNSHIP 48 SOUTH, RANGE .28 EAST, COLLIER COU re. FLORIDA. 13CING
MORE PARTICULARLY DESCRIBES A5 FOLLOWS:
COMMENCING AT 7HE SOUTHEAST CORNER or SATO SECTION 35;
TtiENCE 11.02'W2A1,4., ALONG THE EAST LINT: Or SAID SECTION 35. FOR GO.OA FEET; VINCE S•89'S5'06'1Y., ALONG
A LINE LYINn RO FEET NORTHERLY CF AND PARALLEL TO THE SOUTH LINE OF SAID SECTION .35, FOR 30.02 FEET
TO THE POINT OF BEGINNING OF THE PARCEL HEREIN VC5CM13M; THENCE CONTINUE ALONG SAID LINE LTING 60
FEET NORTHERLY OF AND PARALLEL TO THE SOUTH LINE Or SAID SECTION 35, FOR 305,03 FEET;
THENCE N.&6'11`OB"E_, FOR 239.96 FEET;
THENCE NAO'46'3B'E., FOR 55,15 FEET;
THENCE N.12'41'I8'E_ FOR 105.51 FEET;
THENCE 5,02'17'24'E., FOR 10D,36 FEET TO THE POINT OF BEGINNING OF THE PARCEL IiSORbF K FIN.
CONTAINING 0,218 SOUARE FEET. MORE OR LESS.P'•r
BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE, ,� �kN:`Le`RrLo ,.
O
5301 `
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r�pu.j..eiTy1 JUQq�1�yfv/t9
0 60 h.h` M `` M�YTM,101t IR` #�AC�ri�ne. S1M �
SKETCH 3 DESCRIPTION ONLY Wr
NOT A BOUNDARY SURVEY tcAes: V-100
FOR: COLLIER COU4TY GCVERNMENT BOARD OF COUNTY COMMI54011ERS A "MIT ^'7 Iucto t ro.= aUr or
� ranee. rrach'+td me.Mua+K urmTtya h.o NrrM.
VA"ZRIMT BEACEf ROAD EXTENSION
5IEETM h IYESCRFFTION OF PROPOSlD 31D11T P9' WAY PARCEL 6616N1bnPAilp,9ugF9pp
Kaaba, Roildi St109
Prwmw Im; 331-0576
PARCE7. l l A RDUE REFa+: (299IS17.057e
COWER COUNTY, FWjl IDA EhdGiNE ERl m0 LE Ho: 0bp
JOB NUMB RE'AS1aN £CIION 70wNsNIP RnNOI' LL t:ATE p WN H1' flLt HAI/E SHEET
Gs0119.00.00 2 35 49A 26E I' IDO' T1-8-I f, "r"'L" HONF1 I or I
EXHIBIT "A2"
SKETCH AND DESCRIPTION
PROPOSED 30' RIGHT-OF•WAY
PARCEL 111RDUE2
A PORTION OF A TRACTS FDS AND FD 10 ACCORDING TO
VAN MRSI IT COUNTRY CLUB • 2, AS RECORDED IN PLAT BOOK 12
,u+
PAGES 41•S5ALL IN SECTION 35, TOWNSHIP 485DUTH, RANGE 26
1q1°'
EAST, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
GRAPHIC SCALE
AND BEING MORE PAATSCULARLY DESCR10fOA5 FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 35, TOWNSHIP 40 SOUTH, RANGE 26 FAST,
( EH FEET)
THENCE RUN SOUTH O2'18'03' EAST 669.00 FEET ALONG THE EAST LINE OF SAID SECTION TO A
I IneN * 600 IL
POINT AT THE NORTH LINE OF TRACT FDTO ACCORDING TO VANDERBILT COUNTRY CLUB • 3, AS
C I/Z K 14 Not La 80010
RECORDED IN PLAT BOOK 32 PAGES 42.55 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
AND BEING TILE POINT DEGINNING; THENCE CONTINUE SOUTH 02'18'03' EAST ALONG SAID SECTIDN
P.O.C.
LINE AND SAID TRACT FD10 A DISTANCE OF 21106.86 FEET TO THE EAST QUARTER CORNER OF SAID
NORTHEAST CORNER
SECTION; THENCE SOUTH 02'18'14' EAST ALONG SAID EAST SECTION LINE 787,95 FE ET TO THE
SOUTH UN[ OF TRACT ID IC AND THE NORTH LINE OF TRACT FDS; THENCE CONTINUE SOUTH
SECTION 35, TOWNSHIP
OT' 1814" EAST 1928.50 FEET ALONG SAID STCTION tINE TO TO IF SOUTH LINE OF TRACT FD5 ARD THE
48 SOUTH, RANGE 26 FAST
SOUTH LINE OF SAID PLAT; THENCE LEAVING SAID [AST SECTION LINE SOUTH 89'54'06' WEST 30.07
FEET ALONG SAID SOUTH LINE OF TRACT FD5 AND THE SOUTH LINE OF SAID PLAT; THENCE LEAVING
SAID SOUTH LINE OF TRACT FOS AND SOUTH ONE OF SAID PLAT NORTH 02'18' 14' WEST 1017.34
w;
FEET TO THE NORTH LINE OF SAID TRACT FDS AND THE SOUTH LINE OF SAID TRACT FD10; THENCE
'a
CONTINUE NORTH02'38'14" WEST 697,66 FFET; THENCE NORTH 87'41'46' EAST 8.00 FEET;THENCE
IO,
NORTH 02'18'14" WEST 90.30 FEET; THENCE NORTH 02' 18'03' WEST 430.00 FEET; THENCE SOUTH
87'41'57" WEST 8.00 FEET; THENCE NORTIT 02' IR'03" WEST 157d04 FEET; THENCE NORTH 89'56'43"
N 19'36'41' E 0'
EAST 30.02 FEET ALONG THE NORTH LINE OF SAID TRACT FD10 AND THE NORTH LINE OF SAID PLAT
30,02'
To THE POINT OF BEGINNING.
CONTAINING 3.07 ACRES MORE OR LESS
GENERAL NOTES:
P.O.B. 1. DIMENSIONS ARE1N FEETAND DECIMALS THEREOF.
2. BEARINGS ARE ASSUMED AND BASFD ON THE EAST LINE OF THE
NORTISEASTCORNER OF SECTION 3S, TOWNSHIP 48 SOUTH,
TRACT FDIA RANGE 26 EASI, BEING 502'15'03` IF
3, ABSTRACT NOT REVIEWED,
4. LEG END
P.O.B, POINT OF BEGINNING
VANDERBILT COUNTRY CLUB-2 V
P.O.C.. POINT OF COMMENCEMENT
PLAT COOK 32 PAGES 42- 55 b ;
u
fD• FUTURE DEVELOPMENT
o
z
SECTION LONECW�
QUARTER CORNERSECTION
35,TOWNSHIP4E
SOUTH, RANGE 76 EASTREFERENCE
DfTAIITOTHE
RIGHT1'
IAILNOT
Id'I4' W70.3
ISOUTH
SOUTH LINE TRACT Fk30
LINE TRACE F010 +n
10 NORTH LINE TRACT ros
NORTH LINE TRACT FDS
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O
4
Er
Ei THIS IS NOT A SURVEY
PREPAREOOY; I
VANDEROILTCOUNTRY CLUD•1
PLAT COOK 32 PAGES 42.55 ;Ili
TRACTFDS �. 1
I5t
THOMAS J. ANDERSON- A.S.M.
FLORIDA SURVEYOR 5 MAPPER LB MCA
b COLLIER COUNTY BURVFYOR
$
SECTION LINE COLLIER COUNTY
GrovAh Management Dlvielon
Road Mahlenance Department
_
SOWWAST(OMIR 2193 SLmlh I41r 01ne Zblm Ngda I`InlE3a 1413I
S87'54,06'w
SI[neRis, 10VINSIOP I'IunIc:239.232•K192
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48 SUUIII, RANGE If IASf
Itnl4: SI:ALIi: llroyvct No; FilO Nn:
VAN DEROTLT BEACH
ROAD ..n ne nn.n ,,, _ cnnueOQov eTnr.rr �nna�
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. y SKi1p1 OF PARCEL %II IC[
.4.J1 (NOT fO 3LALfj
EXHIBIT 11131"
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hfS1 A OF
f/ [HCE SOUTHr1Eh51 I/4, F- j
IHSOU1HEW IJA• 04I ec
\� Or SECTION 35 W
YANDMI1Z CUMrs ASSOC _j
WC. OR 29AI PG 2366 %
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SOUTHWZV COMER OT
rIFF SOU1HEAel 1/4.
THE SOUTHEAST 1/4,
Of SEGTr011 36
TNC SOVTKA5T 1/4.
I
�\\ OF SCCTION 35�
0
PRpPOS
RCEL
IOSTCE. 7364 So, fT.
bt
NORTH LINE OF TNC
50UTH 60 rEET OF TH(
i
SOUTHEASTp5T
lip1/4,
EA51 Ll%
THE SCUTrI I
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or SEcr10N _
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OF SECTION
LS L, —_ SOUTH LI-...
NT.
;INp�NINfi VANDERBILT BEACH ROAD Or .SECTIOh7 35
SC cart --Er
7w COA SEC w
7-•48•-S. R-26 •L
NE CDN SEC 2. I
NW [OR SEC 1,
T_ag_S, R 2E •t
LfR! IARIf
FXOE F705FINC• DRAINAGE CA4CMFN1 PER PLAr 7iilO1[ a, PAGE 71
uv[
rvuw
vAarA
TORE TEMPORARY OrtIVEWAY F7MORATION LASEMFN7
11
n0774'94'k
4p.0+'
p �OR OFrrCLN, !;ECORDS (BOOK/PAGf)
II
an ss'•A'<
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P 14ROPCIS10 IF.MPORARY CANSFRUCT1ON CASENICNT
_
OTSVC47
d46.W'
i
n+0'4L74L
IEDAI DESCRIPTION (PARCEL r 1 r TCLT
]111'
A PARCEL OF LIr10 L'fINC IN 5EOT!ON )5, IOWNSJIIP Ab YLW"H, WIDE 26 rA51, COLLIL•R WVN-Y,
rLOMA, BLIND 7AQRi PARFTCAAR+,r OESCROCID AS FOLLOWS!
L+
N0211d'"'w
2MC0'
COI4WENOIRO AT 50wo*E51 CORNER OFF THE LOV111;AST QUA PIER, Qr THE SOUIMEASI QUARTER L,f
LA
..
_ 11 al'A61r1
1G.MI'
SAID SEN 35,
C710
,
7,R
iJ1'IE'74'L
a9M1 67'
THENCE N.02'1 5'26 *W., FUR CC D4 FEET TO A Pa!Nr ON THE rORrM ONE OF THE
SAID SOUTHrkV QUARTER:
SOUTH PO FF.F.T Of
L10
51741t C'W�
101.14,
'UCNCE N.89'55'17"L ALDND SAuO 1491M LINE, FOR t41.a1 rt ET TO THE PORT► OF 8FA71FF6N0 Or
LEI
S'6'A6:Sd^r7
4F I'
IRE HEREIN rXSCRIBE0 PARCEL;
THENCE N.69'5S'DA'E., roi 040.OB rur ALONG SAID NORIH LI!4!;
L1:
ww I I'Gew
7]5,AS-
THENCE N, 6611 D9"E., FOR 23006 rm;
llA
Y4D'S]1DL4
__
dlG,l ]'
� ,
TNC NCE IN 4Qa6'75'E.. FAR :+a 1;A YCL'T;
I u
spY 1T2.7.
_
p,pl'
TNC4CE N.12'A I't6'C., r'OR IC:.54 FLET;
THENCE H62'11!'1A'W., FOR 500.00 rFEI;
�F� A. wl1A
IIgNCL 567.4 VA 6'W, FOR 10.00 rEET;
THENi7L, 502, is, 14'C.. Port 496.97 rCCT;
t
• ��
• ,�C'�,• r`,Al
TEW7CC S41'1a'lII.. FOR 40174 IrrTt
i[��[J
ry,.
'Va
.401
THHENCE S./V4H'36'W., FOR 4!l.47 rECi,
I�EkCr "..IVI1'rAW fDR
, 235.AS FEET;
-
iLFNCF 5.64'b5'O6'Yf.. FOR 645 13 FEEF:
THEW S.0217'74'r_ POP If)_al rtCT TQ A PD-Nr QN SA10 vOf]fH LOIC ANFs to
SITE Pow OF'+ �
MOOM CFT IRE HMrIN CESCRIBED PARCEL.
�'•'.Lnf ,A�: O -
CONTAINING 17,304 SOVARE rECT, WORE oR tf.SS.
�•atQofF1°'���:
r��IeA�
EIFMINOS ARE BASED ON STATE PLA+4r. COORQTNATCS, ttOR10A EAST LONE'
ere a..Fa�JA�
�(� �,E�l'TmF
r1114%J 1u�!
SKETCH & DESCRIPTION ONLY
wrr«n A eAMIL F+In(si10WS NMAY1
rLpMA4 AffJ\Rai14n PIT Ya;a
NOT A BOUNDARY SURVEY
L Ip pl
f4 MNG WE
FOR! COLLIER CCVNTY cmtPHIAEHS SCAPD OF COUNTY CQVM,'SS*MCRS w1'r;[ -1-0M Iµ 1"-'au A MM11 FAMt, tran5r^ 10a D,
+ RSAnh1 +f .i�Lflce !MIAI7M+L lIfMIKn Axp NafFC�,
V'hNfIF REiiLT BEACH ROAD EXT};NSION
9MCH k DESCRIPTMN OT': 6e 1D YViow vn+A D1„ RWR Coo
PROPOSED TEMPORAtIY CONWRUCTION EABEMIINT Nubinr.pnnm,AlDy
PhenF;2301 907_0575
PARCEL III ICE Fax: {2W)597.0579
COMM COUNTY, PLORMA EN CINEERI NI3 LR Ho,.6957
JOQ NUlAMR REVISION SrCT1aN TQwNSHIY RANGE SfA4E DATE ONAEVK 13Y F!LC NMIC SHr FT
0511149.00.00 4 1 35 1 495 I 26E l'n 10'J' - 9-•7D-'4 V1F_ . SKI 10CC I (if 1
(9
8
PROJECT NO.60109 EXHIBIT "132"
PROJECT PARCEL NO. 101TCE
LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT)
THE EASTERLY FORTY FEET OF THOSE LANDS KNOWN AS VANDERBILT COUNTRY CLUB --
2, AS RECORDED IN PLAT BOOK 32, PAGES 42 THROUGH 55 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, LYING IN SECTION 35, TOWNSHIP 48 SOU7H, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THOSE PARCELS KNOWN AS PARCELS
141RDUE1, 11IRDUE2 AND 111TCE, AFCRESAID PARCEL$ BEING MORE FULLY DESCRIBED
IN THE LEGAL ❑ESCRIPT€ONS AND 8KETCHES ATTACHED HERETO.
CONTAINING LOOS ACRES, MORE OR LESS
CcaotCaxy Gm*Vi A1rugamml OgAATiwt Tren"Ibn ErgnuMOOMWI MOM L51 PM
9
a
w E If I, � oI EXHIBIT C
s in
0
t1LSf LINE OF 11417. SOUfI-EAST I/d,
THE SOUTHEAS1 ,11, or 6F rr,atES rnCTHE SOUTHEAST Ili
TH£ SOUTHEM1 /4, + CIA 2ZO6/1041 ``\ OF SECTION 35
OF SECFKIN Si �OQ10(010)09
�, PROPOSED
PARCEL III MITE
11,444 SO. FT.
NORTH LIVE 0; Wit
54UTR 60 PEEF OF THE
G SOUTHEASI /4. OF
TH_ SOUTHEAST IN.
142
CIF SECTION 35
L7
VANDERB'LT BEACH ROAD e�criNlN°rc 1r seenoNE35
�E 17 U%E
_,_
LIME
GEARING
LENGTH
Li
'26' .�
14D.04
L2
26.73
L3
4' W
104935
L4 m
467a5r
,ars3
_ L5
1• AW .
3O.C4
LIS
I '
L7
sawt,5'06,w
t19.09
SOLRhwFSF C(1Rr1ER OF I
IHE SOUTHLAST 1/a,
-- ......�_ THE SOUIHEAST 1/4, _
Or seCTrpr 36
E)tDE EXISTING DRAINAGE FASCMCNF PER PLAT SOCK 4, WF 77
TORE TEMPORARY DRrVCWAY F7ESTORATION C.ASEW..NT
OR OFr1CIAL RECORDS (GOOK/PAGE)
PROPOSED ROADWAY, URAINAOE ANO UTIL TY tASEHENF
LEGAL OESCMPTION (PARCEL III TORE)
A PAACEt OF LAND LYING IN SECTSON 35. TOWNSHIP 66 SOVTN, RANCE 26 LAST, COLLIf:R COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT 5011MtYE5T CORNER OF THE SOUTHEAST OU,4RTER, OF THE SOUTI1CAST CUARTER. OF
SAID SECTION 35;
THENCE N,07181VAI., FOR 60,04 FELI 10 A POINT ON THE NORTH LINE OF THE SOUTH e0 "ICT OF
SAIO SOUHEAST QUARTER;
FENCE N,89'S6'OVE.. ALONG SAID NORTH LINE, FoR 25.73 TF.ET TO THE PCINI OF BEGINNING OF THE
HEREIN DESCRIBED PARC;I.L.
THENCE N.Q2'17'2-e'W., FOR 104.35 FEET; TECM - ROW
THENCE N.87'39'37 E., FOR 100.63 FEET -
THENCE S.OV57'46"E.. FOR 60.15 rE1T; DE-C 2 1 M
THENCE S.IB 23•ITE., rOR 30.D4 rE0 TO A PDINT ON UAJD NMI- LING
THENCE. SM'55'06"W , ALONG SAID NORTH L•NE, FOR 115.0 FEET iC THE POINT Or BEGINNING OF THE
HEREIN OESCRIBEO PARCEL.
CO TAININO 11.444 SOJARE FEET, IAORE OR LESS.
BEARINGS. ARE BASED ON STATE FLAN?•: COORDINATES, TLDRIOA EAST ZONE
r��ra�6f
SKETCH k OESCRIPTION ONLYw
�LpiL;ni�Id71iIFu1!e rmxre+
NOT A DOUNDARY SURVEY sCru: ra l4'
> � wlb
rM COLLIER COUNTr GOVERNMENT SOARO OF COVHTY COUMfSS+ONCAS
Mt kYA �ryipy7 T1! r px\ryRl A O„0�; M 7Lp 1M1tSrp7 !UL 07
f,MQ. L[im[REo ew.tif101N alrntno" N4 NAItr/I
VANDERBILT DEACH ROAD EXTENSION
1Nf
SKETCH k DESCRIPTION OF,
ivd aarepn..r" t
YROPOSBO TIMPORATIY DRIVEWAY RE90RA7TON EASEUENP
PARCEL 111 TOM
Ten M1`�>MAUM irY TEE
a.rr►A.M.rt1r
COLLIER COUNTY. F1.OAMA
ph-9 rbrl l"411 Ow 06n
Le Nr • wu
J4R NUMBER
R NSION
SECTION
10%vHSIl1s P4NCE
SCALE
OATC
DRAWN AV
PLC NAME
SHEET
I
1 4 S B
1'=I29'_
1.2-10--09
R.Y.
9(111IURF
Or !
cao