Parcel 203TCE
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 ~ day of ~1If;l"1"li.Mf.le&20~, by and between
VANDERBILT GALLERIA CONDOMINIUM ASSOCIATION, a Florida not-far-profit
corporation, whose mailing address is CIO Colonial Square Realty, Inc., Post Office
Box 10608, Napies, 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 part 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 part 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 Gallerie 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 recognizes 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 no compensation shall be due and payable for the
Property requested by County.
NOW, THEREFORE, in consideration 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 Easements 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 Easements by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and this 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.
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 TOCOJ.!NTY~ _
DATED:~O
ATTEST:
DWIGHT E. BROCK;' Clerk
~.'II~~lf
..."
BOARD OF COUNTY COMMISSIONERS
COLLIER OU TY, FLORIDA
L~_lv
BY:
Fred W. Coyle, Chairman
AS TO OWNER:
VANDERBilT GALLERIA
CONDOMINIUM ASSOCIATION,
a Florida not-far-profit corporation
---
DATED:
~V\ fe~ ,
Witness (Signature)
\'\\€\\~Qrn\C\ \I
Name (Print or Type)
~kl:vl~
Witmhs (Signature)
<~
(Signy;ore)
~
CLIFFORD A. OlSON, PRES In
(Pd,w\.r~lAL S(JU~ KhALl '
PROPERTY MANAOBR FOR vGc~
---'
(Corporate Title)
;J?~J 11 A:J.~ t?'L
Name (Print or Type)
Approved as to form and
(en
.----;?
Last Revised: 11130/09
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
EXHIBIT A..
Page-'--of~
Commencing at the Southeast corner of Section 35, Township 48 South. Range 25 East,
Collier County, Florida; thence along the south line of said Section South 890 38' 54" West a
distance of 100.00 feet to a point on the West right~of.way line of Airport -Pulling Road; thence
continue along said Section line South age 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 to the POINT OF BEGINNING of the parcel herein described; thence South a90
38' 54" West a distance of 20 feet; thence North Doe 20' 33" West a distance of 300 feet;
thence North 890 38' 54" East a distance of 20 feet: thence South 000 20' 33" East a distance of
300 feet to the POINT OF BEGINNING.
~'
300 300'
NORTH RJGHT~OF-WAY LINE OF VANDERBILT BEACH ROAD
20:
:160'
SOUTHEAST CORNER
SOUTH RIGHT-OF-WAY LINE OF VANDERBILT BEAC:R:::'ON 35 -~1-0-0;-
771.70' .u;~~~
WEeST RIGHT-OF-WAY LINE OF
AIRPORT-PULLING ROAD
SKETCH NOT TO SCALE
Collier County Transportation Engineering and Construc1lon Management Department (Vanderbilt Galleria Conoo legal and Sket~h No.1)
06/10i10 4:54 PM
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
EXHIBIT A
., -
Page ~of.....k.-
Commencing at the Southeast corner of Section 35, Township 48 South, Range 25 East,
Collier County, Florida: thence along the south tine of said Section South 890 38' 54" West a
distance of 10000 feet to a point on the West right-of~way line of Airport ~PuUing Road; thence
continue along said Section line South 890 38' 54" West a distance of 771.70 feet; thence North
00021' 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 described; thence South 890 38' 54" West a distance af 140
feet; thence North 000 20' 33" West a distance of 20 feet; thence North 8go 38' 54" East a
distance of 140 feet; thence South 000 20' 33" East a distance of 20 feet to the POINT OF
BEGINNING
20'1
140'
140'
120'
269.52'
NORTH ROW LINE OF VANDERBILT BEACH ROAD
,
,
:160'
,
SOUTH ROW LINE OF VANDERBILT BEACH ROAD ~
SOUTHEAST CORNER
OF SECTION 35 ~h .
771.70' ---r1~
WEST RIGHT -OF-WAY LINE OF
AIRPORT-PULLING ROAD
SKETCH NOr TO SCALE
Callier County Transportation Engineering and Construction Management Department (Vanderhilt Galleria Condo Legal and Sketch No.2)
a6111/109:32AM