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Parcel 713COLLIER COUNTY TRANSPORTATION DIVISION DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT RIGHT-OF-WAY ACQUISITION OFFICE MEMORANDUM DATE: TO: FROM: November 5, 2003 Sue Filson, Executive Manager - BCC File Paul Young, Right-of-Way Property Acquisition Specialist Phone number: 239-213-5884 Vanderbilt Beach Road (Parcel 713, Folio 00282520007 Attached please find the original TDRE Agreement for Parcel 713, Vanderbilt Beach Road - Project 63051 for execution by Chairman Tom Henning. This property is part of the acquisition approved by the BCC pursuant to a Girl 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 TDRE Agreement on behalf of the Purchaser (BCC) and forward to the Board Minutes and Records for attestation by the Clerk. Thank you! PROJECT: Vanderbilt Beach Road PARCEL: 713 FOLIO: a portion of 00282520007 TDRE AGREEMENT THIS TDRE AGREEMENT (hereinaftej; referred to as the "Agreement") is made and entered into on this 7..~-'-- day of ~c~-~'¢f-, 2003, by and between ZOM VANDERBILT, LTD., A Florida Limited Partnership (hereinafter referred to as "Owner"), whose mailing address is 1950 Summit Park Drive, Suite 300, Orlando, FL 32810-5931,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. 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: I I"Z- WITNESSES: BOARD OF C(~UNTY C?/MMISSlONERS COLLi E R ..C~NTY, ~Ri DA BY: .--.~~ ~., TOM HENNING, Chairman ~r ZOM VANDERBILT, LTD., a Florida Limited Partnership Witness (Signature) (Print) By: ZOM DEVELOPMENT, INC., a Florida For Profit Corporation, General W it ¢{~"~ (Signat~'~e) Name: (Print) Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney Donation Agreement 2 P.O.C. PARCEL 71.3 L22 Z XF'~ zr-' WEST LINE SECTION I EXISTING NORTH ,~ ROW LINE '~ aJ 31 0 50' 100' 200' SCALE: 1"-- 100' DESCRIPTION: Being a portion of ZOM Vanderbilt, LTD. recorded in O.R. Book 2307, Page 2144 of the Official Records of Collier County and located in Section 6, Township 49 South, Range 26 East, Collier County, Florida, and being more particularly descripted os follows: Commencing at the Northwest corner of Section 6, Township 49 South, Range 26 East, Collier County, Florida; Thence South 89°55'46'' East, runs along the South right-of-way line of Vonderbilt Beach Rood for o distance of 52`3.94 feet to the POINT OF BEGINNING; thence continue along said line ""OJECT NO.= ~,5~ I~^"CEL NO.= CLIENT: South 89'55'46" East for o distance of 92.4.3 feet; thence South 00'07'20" West ,34.99 feet; thence North 89'52'33" West 92.43 feet; thence North 00'07'20" East 54.90 feet to the POINT OF BEGINNING. Containing 0.07 acres, more or less. ANDREW B. BECK, P.S.M. (FOR THE FIRM) FLA. LJC./NO. 6065 ~/?//~-~ (DATE SIGNED) NOr Vi(LID wITHOuT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CERTIFICATE OF AUTHORIZATION LB //4.3 COLLIER COUNTY DEPARTMENT OF TRAN~RTA"rION WilspnMiller I~ · ~ . ~ . ~urveyoca · L~I~..N~ Arch~ · Tnmlpor~lt~l Co~ fKlaonlW~, hc. ,Jun 11, 2003 - 07:47:49 KTHOblPSOIX:~SUR\O4224~VANDY~lL572-A.dwc I TITLE; DATE: o~/~ ~tKETCH AND DESCRIPTION 'I~7~:~tARY C~TION EF.4~MENT IPROJECT NO.: 04224~ tSHEET NUMBER: I FILE biO,: 13 OF ~ IL-372A Notes: 1. This is not a survey. 2. Basis of bearing is the South line of Vanderbilt Beach Rood being N 89'55'46" W Florida State Plane Coordinates NAD 83/90, East Zone. ,3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right of Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. LINE TABLE LINE LENG TH BEARING L 21 92. 43; S89 '55 '46 "E L22 $4.99 S00'07'20 L 25 92. 4.71 N89'52 '`73'W L 24 ,74. 90 NO0'O