Loading...
Parcel 720COLLIER 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 # 720 - a portion of folio 80400000109) Attached please find the original TDRE AGREEMENT for signature by Commissioner Tom 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: 720 FOLIO: a portion of 80400000109 TDRE AGREEMENT THIS TDRE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this ~_L~ day of Oc.to~¢.¢', 2003, by and between VILLAGE WALK HOMEOWNERS ASSOCIATION OF NAPLES, INC., a Florida Non-Profit Corporation (hereinafter referred to as "Owner"), whose mailing address is 3200 Village Walk Circle, Suite 100, Naples, FI. 34109-1316, 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 from 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. If Owner's lands are held in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 8. 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: ATTEST; DWIGIS~ E. BROCK, C!~rk ALt,.;..S~ as 'tO Cha'~llt~ Clerk AS TO OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER ~Y' ~,~TIDA o BY: TOI~3-'RE~N]N G.'~ h a i rrna n~,, WITNESSES: Witness (Signature) Name: /(///I~/E' ~". . (Print) Witness (Signa~e)- Name: ~~ (Print) Approved as to form and legal sufficiency: ~E~ t. Chadw~l] - ' Assistant County AEorney VILLAGE WALK HOMEOWNERS ASSOCIATION OF NAPLES, INC., a Florida Non- Profit Corporation Name: (Print) Title: Vi ~-~ &ZS t o ~ ~J1- Donation Agreement 2 ? ,CT "D" gE WALK PHA~;E ONE, PLAT,BOOK' 24, P~G~S 31-35 ~ P.O.B. TRACT "a"..j,~ ~ L48 TRACT "C" ~ ppLLAGE WALK SE ONE, PLAI~BOOK 24, 31-3L '.. EXISTING NORTH ROW LINE __/P,O,C, I %"N 1/4 CORNER SECTION 6-49-26~ .,,-.-15° L42 PARCEL 72O TrY CD- ~'"L 46 <~. 0 t--CD _JZ Z .< -I 40' 0 50' 100' 200' SCALE: 1"= 100' LINE TABLE LINE LENGTH BEARING L 42 15. 0.3 S00'04 '22 "W L 43 15. O0 S89 '59 '.32"E L44 15. O0 NO0'04 '47"E L 45 1.30. O0 S89'55 '? 3"E L46 10. O0 S00'04 '47"W L47 15.00 S89'54'50"E L 48 46. 54 S00'04 '4 7"W L 49 160. O0 N89'55 '39 "W L 50 41.56 NO0'04 '4 Notes: 1. This is not o survey. 2. Basis of bearing is the North line of Vonderbilt Beach Rood being N 89'55'46" W Florida State Plane Coordinates NAD 83/90, East Zone. 5. 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 Point of Commencement. DESCRIPTION: A portion of Tract "A", Tract "C" & Tract "D", Village Walk, Phase One, as recorded in Plat Book 24, pages 31,-35 in the Public Records of Collier County, Florida, and the Southwesterly corner of the North 1/4 Corner of Section 6 Township 49 South Range 26 East, being more particularly described os follows: Commencing at the Southwest Corner of the North 1/4 corner of said Section 6, Collier County, Florida; thence South 89'55'38" East, along the South right-of-way line of Vonderbilt Beach Rood, for o distance of 252.82 feet; thence South 00'04'22" West 15.03 .feet to the POINT. OF BEGINNING; thence South 89'59'32" East 15.00 feet; thence North 00'04'47" East 15.00 feet; thence South 89'54'50" East 130.00 feet; thence South 00'04'47" West 10.00 feet; thence South 89'55'39" East 15.00 feet; thence South 00'04'47" West 46.54 feet; thence North 89'55'39" .West 160.00 feet; thence North 00'04'47" East 41.56 feet to the POINT OF BEGINNING. Containing 0.20 acres, more or less. REV, I.) REVISED PARCEL 720, 08-12-03 ANDREW B. BECK, P.S.M. (FOR THE FIRM) F~A.~ ~C. ,~10. 6065 ~ (DATE SIGNED) . NOT VA~_ID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.: ~ I PARCEL NO. : 720 WilspnMiller Aug 12, 2003 - 11:39:29 MLAMUREIX:\SUR\04224\VANDYyL372-A.dwg CLIENT: TITLE: DATE: COL.L/ER COUNTY DEPARTMENT Oi= ~,.~POFrrAT/ON ~KETCH AND DESCRIFTION IPROJECT NO.: ISHEET NUUBER: I FiLE NO.: · ,o OF ~ IL-372A