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Agenda 09/14/2010 Item #16A11 Agenda Item No. 16A 11 September 14, 2010 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve an agreement between Collier County and Vanderbilt Galleria Condominium Association for the conveyance to Collier County of a Temporary Construction Easement relating to the Vanderbilt Beach Road six-Ianing project from east of Goodlette- Frank Road to Airport-Pulling Road. Project No. 66065. (Fiscal Impact $35.50) OBJECTIVE: To obtain the approval of the Board of County Commissioners to enter into an agreement for the gratis conveyance of a Temporary Construction Easement. CONSIDERATIONS: As a part of the improvements to Vanderbilt Beach Road between Goodlette-Frank Road and Airport-Pulling Road two full median openings just west of Airport- Pulling Road are being converted to a directional median openings which will allow only left turns into each development, and will prohibit left turns out of the developments. In order to direct traffic accordingly, and to channel all exiting vehicles into a single right turn lane, the project's engineers desire to gain entry onto private property and "gore-out" the existing left turn lane. That is the term for painting stripes on the existing pavement to indicate to motorists that they should not be driving there. The directors of the Board of Administration of the Vanderbilt Galleria Condominium association have executed an Agreement to donate two Temporary Construction Easements to the County in order to allow the work to proceed. FISCAL IMPACT: The only expense associated with the approval of the attached Agreement will be the cost to record the Temporary Construction Easement instrument in the public records ($35.50). Source of funds are gas taxes. Project No. 66065. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is sufficient for Board Action. RNZ RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Approve the attached Agreement and authorize its chairman to execute same on behalf of the Board; and 2. Authorize the County Manager or his designee to record the Temporary Construction Easement instrument in the public records of Collier County, Florida Prepared by: Kevin Hendricks, Right-of-Way Acquisition Manager, Transportation Engineering Department Attachments: (1) Agreement with 2 exhibits; (2) Location Map Agenda Item No. 16A 11 September 14, 2010 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date: 16A11 Recommendation to approve an agreement between Collier County and Vanderbilt Galleria Condominium Association for the conveyance to Collier County of a Temporary Construction Easement relating to the Vanderbilt Beach Road six-Ianing project from east of Goodlette- Frank Road to Airport-Pulling Road. Project No. 66065. (Fiscal Impact $35.50) 9/14/20109:00:00 AM Item Number: Item Summary: Prepared By Kevin Hendricks Manager - Right of Way Transportation Engineering & Construction Management Date Transportation Division 7/29/201010:26:02 AM Approved By Kevin Hendricks Manager - Right of Way Transportation Engineering & Construction Management Date Transportation Division 7/291201010:25 AM Approved By Dale A. Bathon, P .E. Project Manager, Principal Transportation Engineering & Construction Management Date Transportation Division 7/29/201010:59 AM Approved By Daniel Hall Project Manager, Senior Transportation Engineering & Construction Management Date Transportation Division 7/29/201011 :04 AM Approved By Norm E. Feder, AICP Administrator - Transportation Date Transportation Division Transportation Administration 8/18/201010:10 AM Approved By Nick Casalanguida Director - Transportation Planning Date Transportation Division Transportation Planning 8/19/20102:29 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney 8/24/201010:58 AM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Division Transportation Administration 8/26/20109:53 AM Approved By Agenda Item No. 16A 11 September 14, 2010 Page 3 of 8 Rookmin Nauth Management/Budget Analyst Date Transportation Division Transportation Administration 8/26/20109:58 AM Approved By Najeh Ahmad Director - Transportation Engineering Transportation Engineering & Construction Management Date Transportation Division 8/26/201010:21 AM Approved By Natali Betancur Administrative Assistant Date Transportation Division Transportation Road Maintenance 8/26/20103:56 PM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 8/27/20102:31 PM Approved By Jeff Klatzkow County Attorney Date 8/30/20104:34 PM Approved By Susan Usher Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 9/7/20102:14 PM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & BUdget 917/20103:33 PM Agenda Item No. 16A11 September 14, 201t Page 4 of S PROJECT: Vanderbilt Beach 'Road PARCEL No(s): 99999.203TCE AGREEMENT THIS AGREEMENT {hereinafter referred to as the "Agreement"} is made and entered into on this _ da~ of . , 20_, by and between VANDERBILT GALLERIA CONI)OMINIUM ASSOCIATION, a Florida not-for-profit corporation, whose mailing addre!ss is C/O Colonial Square Realty, Inc., Post Office Box 10608, Naples, Florida 34101 (hereinafter referred to as .Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County"). . WITNESSETH: WHEREAS, County, as a P.rt of its roadway improvements to Vanderbilt Beach Road, requires access to the private road known as Gallerie Antichi Way in order to undertake certain pavement marking and striping; and WHEREAS, County, as a p,rt of its roadway improvements to Vanderbilt Beach Road, requires access to the private road known as Fontana Del Sol Way in order to construct the new pavement of Vanderbilt Beach Road up to the existing pavers in Fontana Del Sol Way; and . WHEREAS, County has requested that Owner convey to the County two Temporary Construction Easements over, under, upon and across the lands described in Exhibit "A" (a portion of Galleri'" Antichi Way and a portion of Fontana Del Sol Way), which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easements"); and WHEREAS, Owner recogniles the benefit to Owner and desires to convey the Easements to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that mo compensation shall be due and payable for the Property requested by County. ' NOW, THEREFORE, in contideration 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. 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. Owner shall convey the Eabements to County, in a form acceptable to County and at no cost to the County, unless otherwise stated herein. Said conveyance (Owner's delivery to County of a properly executed easement instrument) is hereinafter referred to as the "Closing." 3. 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. 4. Conveyance of the Easem~ts by Owner is contingent upon no other provisions, conditions, or premises otler than those so stated above; and this written Agreement, including all (jxhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written o~ oral agreements, undertakings, promises, warranties, or covenants not contained ~erein. Agenda Item No. 16A 1 September 14, 201 Page 5 of 5. This Agreement is governed and construed in accordance with the laws of the State of Florida. . IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. . AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Fred W. Coyle, Chairman AS TO OWNER: DATED: . If\. 1\ ,.[) If"\, ,,',' ' ~\....--...... Witness (Signature) l'(\~\~~QrcNJ n Name (Print or Type) ~~ me rr- j'",,~,;?t. Name (Print or Type) VANDERBILT GALLERIA CONDOMINIUM ASSOCIATION, a Florida not-far-profit corporation ~ ~' ~ ~ (s/g~ CLIFFORD A OlSON, PRESBY p~~~~&~A.. (CorporBte Tnlo) ,----p Lo.t Rovfe"d: 11/30109 Agenda Item No. 16A 11 September 14, 2016 ge 6 of LEGAL qescRIPTION & SKETCH (NOT A SURVEY) EXHIBIT -L. Page....l-of ~ Commencing at the Southeast cotner of Section 35, Township 48 South, Range 25 East, Collier County, Florida; thence alol1g the south line of saId Section South 89' 38' 54" West a distance of 100.00 feet to a point ocf the West right-of-way line of Airport -Pulling Road; thence continue along said Section line SolWJ 89' 38' 54' West a distance of 771.70 feet; thence North 00' 21' OS" West a distance of 16D feet to a point on the South right-of-way line of Vanderbilt Beach Road to the POINT OF BE$INNING of the parcel herein described; thence South 89' 38' 54' West a distance of 20 fedt; thence North DO' 20' 33' West a distance of 300 feet; thence North 89' 38' 54" East a db.nce of 20 feet; thence South 00' 20' 33" East 8 distance of 300 feet to the POINT OF BEGINNING. 20' 300 300' NORTH RIGHTK>l'-WAY LINE OF VANDERBILT BEACH ROAD 20 160' SOUTHEAST CORNER SOUTH RIGH1-OF-WA Y LINE OF VANDERBILT BEAC: R::ION 35 -~1-0-0-' _ 771.70' ._-~;:,;:,>t- WEST RIGHT-OF-WAY LINE OF AIRPORT-PULLING ROAD SKETCH NOT TO SCALE Conier County Tnmsplll1aUon Engineering and Construcllon Managementtlepartment (Vanderbll Gelleria Cooda Legal end Sl<e1ch No. 11 06/10/10~:54 PM Agenda Item No. 16A 1 September 14, 201 ge 7 of LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) EXHIBIT -1L Page-Lof -L Commencing at the Southeast coll1er of Section 35, Township 48 South, Range 25 East, Collier County, Florida; thence along the south line of said Section South 8go 38' 54" West a distance of 100.00 feet to a point 011 the West right-of-way line of Airport -Pulling Road; thence continue along said Section line Solth 89' 38' 54" West a distance of 771.70 feet; thence North 00.21' 06' West a distance of 160'feet to a point on the South right-of-way line of Vanderbilt Beach Road; thence South 890 38' 54' West a distance of 269.51 feet to the POINT OF BEGINNING of the parcel herein dltscrlbed; thence South 89' 38' 54' West a distance of 140 feet; thence North 00' 20' 33" We.t a distance of 20 fee~ thence North 89' 38' 54" East a distance of 140 teet; thence South;OO' 20' 33" East a distance of 20 feet to the POINT OF BEGINNING. 140' 20' 269.52' NORTH ROW LINE OF VANDERBILT BEACH ROAD 140' I I , , , :160' , , , . , SOUTH ROW LINE OF VANDERBILT BEACH ROAD I SOUTHEAST CORNER OF SECTION 35 ~ _ _ . m.70' --'--1~ WEST RIGHT-OF-WAY LINE OF AIRPORT -PULLING ROAD SKETCH NOT TO SCALE CollIer Counly Transpotlalion Engineering ana Conslruclion Managemet11 ~1Il1mDnl (VandertJIIl Galleria Condo Legal and Skelch No.2) 06111/10 9:32 AM ._-----+- J .....0 CO .......--.... <(00 .- N CO -m - C) ..:..'-CO (l)Q. 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