Parcel 770
PROJECT: Vanderbilt Beach Road
PARCEL: 770
FOLIO: 00204760706
TORE AGREEMENT
THIS TORE AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this 2.'1~ day of d> Co ~ , 2003, by and between MARK
L. LINDER, TRUSTEE UNRECORDED LAND TRUST U/T/D 1-4-99 (hereinafter
referred to as "Owner"), whose mailing address is 4980 Tamiami Trail N. Suite 200,
Naples, FL 34103-2849, 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
Oriveway Restoration Easement (hereinafter referred to as "TORE") 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 TORE 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 TORE 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 TORE 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 TORE to County at no charge to the County.
2. Owner shall deliver the properly executed TORE 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 TORE 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 2002-463, Item 10B
AS TO COUNTY:
DATED: to I J-LfJ 0 3
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NTY COMMISSIONERS
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WITNESSES: ~
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Witness (Signature)
Name: L z: oS,.., T~
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~s (Si9natuR
Name:1J~tVllA.O. e,u(lLe,
(Print)
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MARK L. LINDNER, Trustee
unrecorded Land Trust UITIO 1-4-99
Approved as to form and
legal sufficiency:
&~ ~&1Ah.dV
~Ellen T. Cha well
Assistant County Attorney
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Donation Agreement
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o 50' 100' 150'
SCALE: 1"= 100'
O.R BOOK 3043
PAGE 2882
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PARCEL 770
VAlII::lERaL T BEACH ROAD ~
EXISTINQ 145' R.O. W.
N 89'45'53" W
2603.06'
34
35
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PROoECT NQ., tJ305r PARCEl. NO. I 770
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Jun 17. 2003 - 13:49:80 t.lLAMURElX:\SUR\04224\VANDY\harvey.dwg
CLlENTt
p. 0, C,
A PORTION OF THE SOUTH j OF THE SOUTHWEST i
OF THE SOUTHEAST :t OF SECTION 34, TOWNSHIP
48 SOUTH, RANGE 26 EAST, COWER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF
SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA: THENCE NORTH
89"45'53" WEST, ALONG THE SOUTH LINE OF THE
SOUTHEAST :t OF SAID SECTION 34, A DISTANCE
OF 2603.06 FEETi THENCE NORTH 00'14'07" EAST,
A DISTANCE OF 145.00 FEET TO A POINT ON THE
NORTHERLY RIGHT-OF-WAY LINE OF VANDERBILT
BEACH ROAD. THE SAME BEING THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBEDi THENCE NORTH 89'46'22" WEST ALONG
ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 41.37 FEETi THENCE NORTH
89'52'33" EAST ALONG SAID NORTHERLY
RIGHT-OF-WAY LINE, A DISTANCE OF 5.82 FEETi
THENCE DEPARnNG FROM SAID NORTHERLY
RIGHT-OF-WAY LINE. NORTH 01'36'36" EAST, A
DISTANCE OF 31.09 FEETi THENCE SOUTH
89'49'30" EAST. A DISTANCE OF 45.02 FEET;
THENCE SOUTH 02"23'25" EAST, A DISTANCE OF
31.15 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.03 ACRES MORE OR LESS.
CYV , t=R COUNTY DePAIfTMENT
ot= lRANSftOATATJON
SKETCH AND DE8CRIPTION
I:IfWEWA y IEB7l:R4 710N EAEiIBlfENl'
. BOUTWELl. P.S.M. (FOR THE FIRM)
. NO. 3934
7 03 (DATE SIGNED)
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CERTIFICATE. OF AUTHORIZATION LB #43
Notes:
1. Th!s Is not a survey.
2. Bearings are based on 'State Plane Coordinates,
Florida East Zone. '
3. Subject to easements, reservations and
restrictions of record.
4. Easements shown hereon are per plat, unless
otherwise noted.
5. R.O. W represents Right of Way.
6. P.O.B. represents Point of Beginning.
7. P.O.C. represents Point of Commencement
8. . represents parcel described herein.
111l.f:
DATE:
oe/.2003
SHEET NUIolBER: FILE NO.:
fIB OF XX 1L -372
.
Memorandum
TO:
Sue Filson
Executive Manager
Board of County Commissioners
Debbie Armstrong y?-
Acquisition Specialist
Transportation - Right-of-Way Office
FROM:
DATE:
October 29,2003
Vanderbilt Beach Road, Project No. 63051
Parcel 770
RE:
Transmitted for your further handling is an Easement Agreement for donation of a
Temporary Driveway Restoration Easement for the Vanderbilt Beach Road expansion
project, which the Board authorized the Chairman to execute on its behalf on November
5, 2002, Resolution 2002-463 Item 10B.
Please have the Chairman execute the attached Easement Agreement and forward to
the Clerk for attestation. The instrument may then be returned to this office.
Please do not hesitate to call (213-5874) if you have any questions or if I may be of any
assistance. Thank you.
Thank you.
Attachment
Transportation Right-of-Way Office