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Vanderbilt Inn Beach Acc Easeme Memorandum FROM: Minutes & Records Management f\ .. ~ Cindy Erb, Sr. Property Acquisition Specialist \)f'v \ Real Estate Services TO: DATE: November 29,2005 RE: Vanderbilt Inn Beach Access Easement Please find attached one (1) oriQinal recorded Public Beach Use and Access Easement for the above referenced project. The Board of County Commissioner of Collier County, Florida had approved the Settlement Agreement pursuant to Agenda Item 12 A , dated June 14, 2005. Please contact me if you have any questions or comments at 8917. Thank you. attachments as stated cc: Property Appraiser's Office w/attachment Tax Collector's Office w/attachment Inventory w/attachment Office of the Real Estate Services PROJECT: Vanderbilt Inn Beach Access Tax Property ID #: 22870200005 3733239 OR: 3929 PG: 2319 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 11/15/2005 at 02:18PM DWIGHT B. BROCK, CLBRK RBC FBB DOC-.70 COPIBS 35.50 .70 4.00 Prepared by: Ellen T. Chadwell, Es~ire Office of the County ~ttorney 3301 East TaMia.i Trail Naples. Florida 34112 ( 941) 77 4-8400 Retn: RBAL BSTATB SBRVICBS INTBROFFICB ATTN: CINDY PUBLIC BEACH USE AND ACCESS EASEMENT THIS PUBLIC BEACH USE AND ACCESS EASEMENT is made and entered into this ~ day of ~ð-1' ,......;a..--'<V, l£) -'{? 2005, by VAN-DEV, INC., a Florida corporation, and VAND RBIL T BEACH ASSOCIATES LIMITED PARTNERSHIP, a Florida limited partnership, both entities having their principal place of business at 11000 Gulf Shore Drive North, Naples, Florida 34108 (collectively "OWNER") in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), whose address is 3301 Tamiami Trail East, Naples, Florida 34112, its successors and/or assigns. OWNER, for and in consideration of the sum of One Dollar ($1.00), and other good and valuable considerations to OWNER in hand paid. the receipt whereof is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does hereby grant, bargain, sell and convey to COUNTY, its successors and assigns forever, a perpetual non-exclusive easement upon, over and across the property described on Exhibit "A" hereto for the purpose of providing public beach use and access from Bluebill Avenue to the Gulf of Mexico; together with the continuing right to clear and remove any brush, debris, vegetation, structures and obstructions and the right to construct improvements, including, but not limited to, concession and bathroom facilities thereon, all of which may be required for the full enjoyment of the rights. herein granted. This Public Beach Use and Access Easement is granted in accord with the terms and conditions of Paragraph 2 and 3 of that certain Settlement Agreement dated June 14. 2005 by and between OWNER and COUNTY. This easement runs with the land and shall burden the lands described above on Exhibit "A" hereto. This is not homestead property. IN WITNESS WHEREOF, OWNER has executed and delivered this instrument in its name, by its proper officers, duly authorized to do so, before the undersigned witnesses, on the date first above written has caused these presents to be executed the date and year first above written. VAN-DEV, INC., a Florida corporation "/'j">""l By: ./7 C{A_ð~ Marilyrl Opelka. 0 r~ (/) /~ / ~¡~Cg:VEYANCE ACCEPTEO IV TH! COlLIER C=V COMMISSIONERS. PURSUANT TO ,FLORIDA. DATED: 4jJ«(j~:O:TrM HO. IL. A Printed Name of Witness #2 L Wt'tésses: )' ~ . ·Wiíness ~ ä¿.·~v~£ ~~~~ Witness #2 /P1-+~,.c.. ~ O' i>~ r ~ OR: 3929 PG: 2320 VANDERBILT-BEACH ASSOCIATES LIMITED PARTNERSHIP, a Florida limited partnership ~~ ~L (~ '.,er Nerad, a~ General Partner The foregoing Public Beach Use and Access Easement was acknowledged before me this L&.. day of Y\~ I. c. ___ .2005 by Marilyn Opelka, as CFO on behalf of VAN-DEV, INC., à Florida corporation, who is personally known to me or who has producifC~.Q'"7I'" [,¡) v~.~entification. (affix notarial seal) ·..,WY'hŸ"N~~\I\A¡W OFFICIAL SEAL PHYWS A HARDY ~TAAY PU8UC. STATE OF tU..INOIS COMMtSSION EXPtRES:06/17106 ~r¿r~i'! 15 t.O "YtPl '..llt. ffc;;~n( ~¿l ~0J.. ¿jn:~;_ . '. . ,,;,t Cfun~ Attori'lç' ì:Tlen T. ø-i'ftl1 ; , (tg~t~ë '~f ~~t;ry ~bli~) ~ j -- J\J?-k' (¡ 9r\ '-\ L-L\ S Ä-- \-\ Þ-..C' \'J'f (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: ~ / / 7 I û ç, , r The foregoing Public Beach Use and Access Easement was acknowledged before me this ~ day of ~~ If ':<.-A. __ ,2005 by Jerry Nerad, as General Partner, on behalf of VANDE IL T BEACH ASSOCIATES LIMITED PARTNERSHIP, a I Florida limited partnershiP. ' wh? is personally known to me or who has produced ( ~cPi 0" O(¿7 ~~ )ientlflcatlon Printed Name of Witness #2 STATEOF~ COUNTY OF e.. co 1<2....--- (affix notarial seal) ·..NWVW""lW'iŸnv~'·· OFFICIAL SEAL '1~. PHYLUS A HARDY NJTARY PUBlIC. STATE OF ILLlNOt8 COMMISSION EXPfRES:06117106 ~"",. STATE OF" 9 " (, u _--..~ COUNTY OF G..... ò t:'. /:.:L- '(¿¿n~t~ of ~ta~ ~IiC~'u~:& U Qµ 't '-...LI. S. ~ ~N~t)f (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: '-:, II 7/0 f> OR: 3929 PG: 2321 EXHIBIT "A" BBLS SURVEYORS & MAPPERS INC. 1502-A RAILHEAD BLVD. NAPLES, FLORIDA 34110 TELEPHONE: (239) 597-1315 FAX: (239) 597-5207 LEGAL DESCRIPTION A PORTION OF LOT 6, BLOCK A, BAKER-CARROLL POINT, UNIT NO.2, PLAT BOOK 8, PAGE 62, COLLIER COUNTY, FLORIDA BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEASTERLY CORNER OF SAID LOT 6; THENCE N.89052'20"W. ALONG THE NORTHERLY LINE OF SAID LOT 6, A DISTANCE OF 217.29 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREON DESCRffiED. THENCE N.89°52'20"W., A DISTANCE OF 10.35 FEET; THENCE N.14049'20"W., A DISTANCE OF 20.70 FEET; THENCE N.89°52'20"W., A DISTANCE OF 333.85 FEET TO A POINT ON THE VANDERBILT BEACH, COLLIER COUNTY, EROSION CONTROL LINE, O.R. 2151, PG. 2397; THENCE N.16°12'ITW. ALONG SAID EROSION CONTROL LINE, A DISTANCE OF 20.84 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 6; THENCE S.89°52'20"E. ALONG SAID NORTHERLY LINE, A DISTANCE OF 344.72 FEET; THENCE S.14°49'20"E. ALONG SAID NORTHERLY LINE, A DISTANCE OF 41.40 FEET TO THE POINT OF BEGINNING. BEARINGS SHOWN HEREON ARE BASED ON BAKER-CARROLL POINT UN1T No.2, PLAT BOOK 8, PAGE 62, COLLIER COUNTY, FLORIDA. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. ~ 0 BRETT A BISHOP, TE OF FLORIDA, (L.S. #4760) BBLS SURVEYORS & MAPPERS INC., (L.B. #6753) Z\PROJECTS\2004\0429 VANDERBILT INN SPC\SURVEY\04129 BEACH ACCESS EASEMENT 0929 OS.LWP PROOFED BY:~ 4~.ð SHEET 1 OF 2 EXHIBIT "A" *** OR: 3929 PG: 2322 *** T*N cI E .P~ s ICWt I" - IOD' I I I I I 0' II' 10' 'FI' 100' \ o u ~ :E u. o U. ....I ::¡ (:) ~ o o "- o "- o ~ . u ~ o ~ F1ELD LOCAlED UEAH HIGH 01 WA1!:R UNE EL£VA11ON - g 1.48' NOW 1e21 PRO~DED ~ "' "' u u < ~ u < <D ~ o / . U ~ 0, I , I ' I " I ' II '-'-... I " I ' , I ' 'v " ~ I ' I ' I " I ' I " I ' I " '......, ...... \ \ NOTES: 1.) BEARINGS SHOWN HEREON ARE BASED ON BAKER-CARROll. POINT UNIT No.2. PLAT BOOK 8, PAGE 62. COUUER COUNTY, FLORIDA. 2.) 1HIS PROPERTY IS SUBJECT TO EASEMENTS. RESERVA 110NS OR RESTRICll0NS OF RECORD. 3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS 1HEREOF. ~.) ALL IMPROVÐ4ENTS SHOWN ON 1HIS DRAWING ARE PROPDSED .- LINE TABLE LEGEND: UNE BEARING LfNG1H P.O.C. L1 N89-S2'20'W 10.35 POINT OF COMMENCEMENT L2 NH"~9'20'W 20.70 P.O.B. POINT OF BEGINNING LJ N1e'2',7'W 20.e~ ~ BEACH ACCESS L~ S'~'~9'20'E ~1.4Q EASEMENT 1 - o ~ ~ ~ N SHEET 2 OF 2 SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY "l a ........ N '- o 10 II :s -.- ~ "" ~ i ð ~ II') '" BBLS SURVEYORS & MAPPERS INC. 1502·A RAIL HEAD BL VD. NAPLES, FLORIDA 34110 (239) 597·1315 ;:: OJ -« OJ Ö ~ o a: CI. ~ A PORTION OF LOT 6 , BLOCK A BAKER CARROLL POINT, UNIT No, 2, PLA T BOOK 8, PAGE 62, COLLIER COUNTY, FLORIDA ~ < '" -_..,--"..."""-,-._-".>-~=-"-",~-_.,,*,-,,",_....,,,~,"-~~,,,.,.,...,~.