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Parcel 741TO: FROM: DATE: RE: Memorandum Sue Filson Executive Manager Board of County Commissioners Debbie Armstrong 0~' Acquisition Specialist Transportation - Right-of-Way Office October 16, 2003 Vanderbilt Beach Road, Project No. 63051 Parcel 741 Transmitted for your further handling is an Easement Agreement for donation of a Temporary Driveway Restoration Easement for the Vanderbilt Beach Road expansion project, which the Board authorized the Chairman to execute on its behalf on November 5, 2002, Resolution 2002-463 Item 10B. Please have the Chairman execute the attached Easement Agreement and forward to the Clerk for attestation. The instrument may then be returned to this office. Please do not hesitate to call (213-5874) if you have any questions or if I may be of any assistance. Thank you. Thank you. AEachment Transportation Right-of-Way Office PROJECT: Vanderbilt Beach Road PARCEL: 741 TDRE AGREEMENT THIS TDRE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this '~f'~day of ¢'~'f~'e~"~ ,2003, by and between ISLANDWALK HOMEOWNERS ASSOCIATION INC. (hereinafter referred to as "Owner"), whose mailing address is 6005 Vanderbilt Beach Road, Naples, FL 33119, and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WITNESSETH: WHEREAS, County has requested that Owner convey to the County a Temporary Driveway Restoration Easement (hereinafter referred to as "TDRE") over, under, upon and across the lands described in Exhibit "A" (attached hereto and made a part of this Agreement); and WHEREAS, Owner desires to convey said TDRE to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the non-monetary benefit to Owner resulting f~r~om the proposed driveway transitioning and desires to convey the TDRE to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the TDRE requested by County. NOW, THEREFORE, in consideration of these premises set forth above, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the TDRE to County at no charge to the County. 2. Owner shall deliver the properly executed TDRE instrument to County within 30 days of the date of this Agreement. 3. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 4. The County shall pay for all costs of recording the TDRE instrument in the Public Records of Collier County, Florida. 5. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 6. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 7. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: November 5, 2002 (Resolution No. 2002-463) AS TO COUNTY: DATED: 10- ~ ATTEST: DW!~ .GH' Tt;~,! BIR,oC K, Clerk erk ~ttest as t°:.Cha~r~m's AS TO OWNER: WITNESSES: Witness (Signature) /Witne/~ (signa~re) "~ (Print) ~ BOARD OF COJ~NTY CO,~MISSIONERS COLLIER C,OMNTY, ~Dt . BY: TOM HENNING, Chairman ISLANDWALK HOMEOWNERS ASSOCIATION INC. Approved as to form and le~//sufficiency: , ~,,""~llen T. Chadwell Assistant County Attorney Donation Agreement 2 0 EXISTING SOUTH ROW LINE. ZE~ OF >. P.O.C. P.O.B. ~ PARCEL 741 EXHIBrr_ .. Pi~_l LINE TABLE LINE LENG TH BEARING L 101 25.05 $89'5J'16"E L 102 J2.08 NOO'OO'45"W L10J 12J. 67 S89'26'41"E L 104 Jl. 09 $O0'JJ'21"W L105 12J. J5 N89'5J'16"I4/ ' 50' 100' 150' SCALE: 1"= 100' m o z m 104 mO Notes: 1. This Is not a survey. 2. Basis of bearing is the North llne of Vanderbllt Beach Road being N 89'55' 16" W Florida State Plane Coordinates, NAD 85/90, 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 8. C.U.E. represents County Utility Easement. 9. A.E. represents Access Easement. 10. D.E. represents Drainage Easement. 11. U.E. represents Utility Easement. DESCRIPTION: Being a portion of Tract "A", Islandwalk Phase One, as recorded In Plot Book 29, Page 100 of the Public Records of Collier County, Florlda, being more particularly described as follows: Commencing at the Southwest corner of Tract "A", Islandwalk Phase One of said plat; thence South 8953'16" East along the North right-of-way line of Vanderbilt Beach Road, for a distance of 25.05 feet to the POINT OF BEGINNING; thence North 00'00'45" West 32.08 feet; thence South 89'26'41" East 123.67 feet; thence South 00'33'21" West 31.09 feet, to the North right-of-way line of Vanderbllt Beach Road; thence along said line North 89'55'16" West 123.35 feet to the POINT OF BEGINNING. Containing 0.090 acres, more or less. ANDREW B. BECK, P.S.M. (FOR THE FIRM) FLA. ~.IC,~ NO. 6065 4:3~o,,~,~/~..~-~ (DATE SIGNED) NO"r' '4'ALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.: 741 WiisOnMiller Jun 13. 2003 - 11:46:29 KTHOIvlPSOIX:~SUR\O4224\VANDYYL372-A.dwg CUENT: DATE: o~/~oo~ IPROJECT NO.: ISHEET NUkISER: I FILE NO.: