Parcel 702 B & CCOLLIER COUNTY TRANSPORTATION DIVISION
DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT
RIGHT-OF-WAY ACQUISITION OFFICE
MEMORANDUM
DATE:
TO:
FROM:
October 24, 2003
Sue Filson, Executive Manager - BCC
File
Paul Young, Right-of-Way Property Acquisition Specialist
Phone number: 239-213-5884
Vanderbilt Beach Road (Parcel # 702B and 702C, a portion of folio 63518000225
Attached please find the original TDRE AGREEMENT for signature by Commissioner
Henning on behalf of the Board of County Commissioners.
This property is part of the acquisition approved by the BCC pursuant to a Gift and
Purchase Resolution No. 2002-463, dated November 5, 2002 the Agenda Item Number was 10-
B. The Account Number is 313 163673
Please sign this Agreement on behalf of the Collier County (BCC) and forward to the
Board Minutes and Records for attestation by the Clerk.
Thank you!
PROJECT: Vanderbilt Beach Road
PARCEL: 702B & C
FOLIO: a portion of 63518000225
TDRE AGREEMENT
THIS TDRE AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into on this 2.qPrk day of OCt-o~-' ,2003, by and between VANAIR, LLC,
a Florida Limited Liability Corporation (hereinafter referred to as "Owner"), whose mailing
address is 7500 College Parkway, Fort Myers, FI 33907, 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 two (2) Temporary
Driveway Restoration Easements (hereinafter referred to as "TDREs") 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 TDREs to County for the stated purposes,
on the terms and conditions set forth herein; and
WHEREAS, Owner recognizes the non-monetary benefit to Owner resulting from the
proposed driveway transitioning and desires to convey the TDREs 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 TDREs 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 TDREs to County at no charge to the County; and Owner
shall make no claim for damages in connection with conveyance of said TDREs to County,
nor shall Owner assert any claim for attorneys' fees or expert witness fees and costs under
Chapter 73, Florida Statutes.
2. Owner shall deliver the properly executed TDRE instruments 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 instruments 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. Access through the TDRE (easement area) shall be maintained throughout
construction; except for time periods when actual physical construction is taking place within
the TDRE (easement area).
7. 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.
8. This Agreement is governed and construed in accordance under 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: JO-~..q, -0.~
ATTES~.,i,;,,,~,, ~'~ ,.,
DWI(~T E. BROCl~/Olerk
:' ~ ~ A, ,De~_u, ty Clerk
.At~,~t as ~.Chatl'mt~: J
AS TO oW R:
WITNESiES:
Name:
(Print)
Witness (Signature)
Name: ..-(~.¢'rz'~. 5. ~..2
(Print)
BOARD OF COUNTY COMMISSIONERS
COLLIER~TY,~:~IDA o
BY: /Ct, _.,,///~
ToIVI~Iq L~NI~I I N G~, Chairma'~
VANAIR, LLC, a Florida Limited Liability
Corporation
NORTH AMERICAN PROPERTIES -
SOUTHEAST, INC., a Florida corporation,
Managing
B Y: j~a,l~G. H a f e I e ,/-p r e s'i _d~_~-,~,~r~¢ i::;)~.~.~,~,~,'&
Approved as to form and
legal sufficiency:
Ellen T. Chadwell
Assistant County Attorney
Donation Agreement 2
EXISTING
NORTH
ROW LIN
P.O.B.
PORTION OF
TRACT "F"
PARCEL
,702B
In-
_JZ
Z
REVISED 09-05-03 ~ PARCEL ID 7028
EXHIBIT__A_
TRACT "GC1-E"
PELICAN MARSH UNIT 20, PLAT
BOOK ,30, PAGES 73-75
I
I
EXISTING 24' F.P.L
EASEMENT PER O.R. BOOK
1285, PAGES 1917-1919
/-- ACT "R"
'PELICAN MARSH UNIT 20, PLAT
BOOK 50, PAGES 7.3-75
0 75' 150' 225'
SCALE: 1"= 150'
LINE TABLE
_ UNE LENOTH BEARING
~ L131 $5.$8 $0075'01"iV
Lt~ , 53. f7 NI~8'22'~J
Notes:
1. Thls Is not a survey.
2. Basis of bearing Ia the North line of
Vanderbilt Beach Road being S 89'45'59" E
Florida Stats'Plane Coordinates NAD 83/90,
East Zone. '
5. Subject to easements0 reservations and
restrictions .of record.
4. Easements shown hereon are per plat,
unless otherwise noted.
5. ROW represents Right of Way.
6. P.O.B. represents Point of Beginning.
7. P.O.C. represents Point of Commencement.
DESCRIPTION:
TIBURON-THE NORMAN ESTATES
AT PELICAN MARSH UNIT 23,
PLAT BOOK 31, PAGES 43-44
Belng a portion of Tract "F", Naples Walk, Plat
Book 50, page 94 of the Publlc Records of
Collier County, Florida, being more particularly
described as follows:
BEGINNING at a point located at the Northeast
comer of Tract "C", Naples Walk, Plat Book 30,
page 94 and the South right-of-way line of
Vanderbllt Beach Road; thence
South 89'4.3'59" East, along the South
right-of-way line of Vonderbllt Beach Road, for
a distance of 70.96 feet, Intersecting the
Northwest corner of Tract "D", Naples Walk, Plat
Book 30, page 94 of Collier County, Florida;
thence South 00'16'01" West 55.68 feet; thence
North 89'43'59" West 52.95 feet; thence
North 00'44'22" East 5.68 feet; thence
North 19'36'22" West 55:17 fast'tO the.~POINT
Contolnlnz'~08 acres,..t~Ore-°r. less. ·
~E OR~NXL RX~S~ SE~C' OF .~ FLORIDA
LICENSED SURVEYOR ~.N.0 MAPPER
., . CERTIFICATE OF AUTHORIZATION LB f~45
'IlSplIMilIer i .
. . . . ...... ' I ..... DeeC- P-m:w I
2003 - 14:18:34 M~MUREIX: ~SUR~O422~V~D~t~72-A. dwg
nO
'~0
Zrn
z = :~ARCEL
~_....,.~.~ 702C
EXISTING
NORTH ,,
ROW LINE
PORTION OF
TRACT "F"
SISrY
Cb,.
.,,,::C o
LLI I..t3
CO"-'
i---. r,D
--IZ,
COt-..
n--U3
Z
· TRACT "GC1-E"
!PEECAN MARSH UNIT 20, PLAT
BOOK 30, PAGES 73-75
"---EXISTING 24' F,P.L
EASEMENT PER O.R. BOOK
1285, PAGES 1917-1919
TRACT "R" "
PELICAN MARSH UNIT 20, PLAT
BOOK ,30, PAGES 73-75
TIBURON-THE NORMAN ESTATES
AT PELICAN MARSH UNIT 23,
PLAT BOOK 31, PAGES 43-44
REVISED 09-05-03 ~ PARCEL 702C
P.O~ NO.: ~ ~ 702C
Wils Miller
05. 2003 - 1~.:12:51 ULAUUR£JX:\SUR\O4224\VANDY\1L372_A. dwg
oe/zooa
0 75' 150' 225'
SCALE: 1"= 150'
_ LINE TABLE
_ UNE LENGTH BEARING
_ L 7 125. O0 $~'45'59 =g
L9 as. 00 N89'43'5~'w
~ LIO 25.00
_ L ? ~ 58.57 N44'45'59"Hz
Notes:
1. This Is not a survey.
2. Basis of bearing is the North line of
Vanderbllt Beach Road being S 89'43'59" E
Florida State Plane Coordinates NAD 83/90,
East Zone.
3. Subject to 'easements,· reservations and
restrictions of record.
4, Easements shown hereon ore per plot,
unless otherwise noted.
5. ROW represents Right of Way.
6. P.O.B. represents Point of Beginning.
7. P.O.C. represents Polnt of Commencement.
DESCRIPTION:
BBeln, g a port]on of Tract "F". NoNes ~.~6
.... . page 94 of the Public Records of
uoHler County, Florida, being more particularly
described as follows:
BEGINNING at a point located at the
Northeasterly corner of Tract "E", Naples Walk,
Plat Book 30, page 94 and the South
right-of-way line of Vanderbllt Beach Rood;
thence
South 89'43'59" East, along the South
right-of-way line of Vanderbllt Beach Road, for
a d[stance of 123.00 feet; thence
South 00'15'59" West' 65.00 feet; thence
North B9'43'59" West 83.00 feet; thence
North 00'16'00" East 25.00 feet; thence
North 44%3'59" West 56.57 feet to the POINT
OF BEGINNING.'
Containing 0.14 acres, more or less.
ANDREW B BECK P S, M (FOR THE
FLA...,I. JC. NO. 5055.' · '. FIRM),
~A'T~ S~GNED)
NUT VRLID WITHOUT'THE. SIGNATURE AND
THE ORIGINAL RAISED'SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER ,..'
CERTIFICATE OF AUTHORiZATION. LB. #43'
SKETCH AND ~
oe.~-ooo-ooo oe oF xx IL-372A