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Parcel 107 Halstatt PartnershipTO: FROM: DATE: RE: Memorandum Ellie Hoffman Records Technician III Minutes & Records Management Real Property Spec~ist II Real Property Management Department October 5, 2000 Computerized Traffic Signal - Parcel 107 - The Halstatt Partnership Please find attached one (1) ori_ainal recorded Special Warranty Deed, one (1) ori~linal recorded Subordination of Utility Interests, and one (1) original Purchase Agreement for the above referenced project. The Board of County Commissioner of Collier County, Florida approved the acquisition by gift or purchase pursuant to Resolution 2000-145, Agenda item 16 B 11, dated May 23, 2000, and approved the acquisition by condemnation pursuant to Resolution 2000- 164, Agenda Item 8 B 1, dated May 23, 2000. Please contact me if you have any questions or comments at 8991. Thank you. attachments as stated cc: Tax Appraiser's Office w/attachment Tax Collector's Office w/attachment inventory File w/attachment Office of the Real Property Management Department (Signature) ~'ol ewe._. V~Ja ~ ~<J~F~ Ng~a.e. (Print or ~I'yp.e) Witness (Si~nature~ LYNTON, and JULIET C. SPROUL, as Trustees of the Edith Collier Sproul Trust Under Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7, 1982, PARTNER. 2600 Golden Gate Parkway, Suite 200 Nap/les~lorida 34 105 L~,OYI~G. HENDRY, as Trustee ~' THIS CONVEYANCE APPROVED BY THE BOARD OF COUNTY COMMI~IONF-R~, PROJECT: Computerized Signal System FOLIO: 20765322702 PARCEL: 107 '11ds propa has been aaluimd under threat of condemnation and is exempt from documentary stamp tax 2694830 OR: 2726 PG: 1842 R~CORDBD in 0~EIClAh R~CORDS 0f COLLIER C0DN~¥, EL 0~/28/2000 at 09:37AK DWIGHT S. BROCK, ChBRK CONS 181~ l~ I~C E]~ 24.oo 5.00 SPECIAL WARRANTYDD-~'Dg~! THIS SPECIAL WARRANTY DEED made this 15lk day of S~O'~Cl",% b~r, 2000, by THE HALSTATT PARTNERSHIP, a Florida general partnership, by its undersigned General Partners, who have been duly authorized by the Partnership to execute this Deed, whose post office address is 2600 Golden Gate Parkway, Suite 200, Naples, Florida 34105 (hereinafter collectively referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida, 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum often Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See attached EXHIBIT "A", which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey skid land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. 1N WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: THE HALSTATT PARTNERSHIP, a Florida general partnership By: LLOYD G. HENDRY, HAROLD S. LYNTON, and JULIET C. SPROUL, as Trustees of the Edith Collier Sproul Trust Under Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7, 1982, PARTNER. ~Jtness (Signature) N01oe ~fint o~ T~P) Wi~es5 (~gnat~) Nine (Print or T~e) 2600 Golden Gate Parkway, Suite 200 Nap!es//~lorida 34105 L.~,OYI~G. HENDRY, as Trustee f' THIS CONVEYANCE APPROVED BY BOARD OF COUNTY COMMISSIONERS, COLLIER COUNT~, FLORIDA, PURSUANT TO THE PROVISIONS OF RESOLUTION NO..20c0-~,/~' ¥ L. ~.~'~ ~SARRON COLLIER FILE NUMBER Witness (Signature) Irene Nakoneczny N,.~ne (Print or Typ~ ~ . _ / Name (Print or Type) _ (Print orJyp Witness (Sienature) TRONf~ L TRFatl)~.I, Name (Print or Type) OR: 2726 PG: 1843 HAROLD S. LYNTON, a~ Trustee yl~T Q~SPROl~L, a~Trustee ' STATE OF F/or,ctct~ COUNTY OF ;~ee. The foregoing Special Warranty Deed was acknowledged before me this ]~q4~ day of ,~e~+ew It~_v-- , 2000 by LLOYD G. HENDRY, AS TRUSTEE, for Edith Collier Sproul Trust under' Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7, 1982, PARTNER, on behalf of THE HALSTATT PARTNERSHiP, a Florida general partnership, who is_lzErsonally known~ to me or who has produced as identification. WITNESS my hand and official seal this /54~day of~, 2000. (affix notarial seal) (Sign t~e of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(if any) My Commission Expires: STATE OF NEW YORK COUNTY OF COUNTY OF NEW YORK The foregoing Special Warranty Deed was acknowledged before me this 14th day of September , 2000 by HAROLD S. LYNTON, AS TRUSTEE, for Edith Collier Sproul Trust under Agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7, 1982, PARTNER, on behalf of THE HALSTATT PARTNERSHIP, a Florida general partnership, who is personally known to me mx~:4m~x~md~ as identification. WITNESS my hand and official seal this __ (affix notarial seal) 14th~ay of September ,2000. (Signat~of Not~y ~ublic) Joanne Mentz JOANNE MENTZ NOTARY PUBLIC, State of New York No. 41-4821399 Qualified in Queens County Commission Expires November 30, ~ I (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(if any)_ My Commission Expires: L BARRON COLLIER CO FI!..~ NUMgER OR: 2726 PG: 1844 STATEOF COUNTY OF_ The foregoing Special Warranty Deed was acknowledged before me this ]3P~ day of ~. 0~'~d~, , 2000 by JULIET C. SPROUL, AS TRUSTEE, for Edith Collier Sproul Trust und~-rl~greement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 7, 1982, PARTNER, on behalf of THE HALSTATT PARTNERSHIP, a Florida general parmership, who is personally known to--me or who has produced as identification. '"'"'- WITNESS myhand and official seal this I~'~ dayof~6q ,2000. (affix notarial seal) ~~.~ (Signature of Notary Public) (~b OO~/ SUSAN L MATORO I (Print Name of Notary Public) ~'~ .,r CC589434 / o~o O=~, t§1~ Serial/Commission#:(ifany~ dC ~ ......... . -- -~-~ ,'~- My Commission Expires: WITNESSES: By: Witness (Signature) Irene Nakoneczny Name (Print or Type) Witnessl~(i~namre) 01ilAS L. TIIFADWF!.I~ JR. Name (Print or Type) V;~il~~ at~~ Witness(Signature) Ilt0~ L. TRFADIIm~ .! .. m. Name (Print or Type) HAROLD S. LYNTON, KATHERINE G. SPROUL, and JULIET C. SPROUL, as Trustees for Juliet C. Sproul under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated June 15, 1993, and filed June 22, 1993, in Probate No. 76-33, of the Probate Records of Collier County, Florida, PARTNER. 2600 Golden Gate Parkway, Suite 200 Naples,,Florida 34105 ~ -. HAROLD S. LYNTON, a~/Tmstee K~THER1NE G.~S'~O~,~as T stee ~-3f_fL}~T C. S~ROU~,~ Tmstde- BAR RONZ~L Li-~-C~-- FIll:: NtJMBER STATE OF NEW YORK COUNTY OF NE~ YORK OR: 2726 PG: 1845 Prepared by: Rcbert N. Zachary, Esquire Office of the County Attomelt 3301 East Tamlami Trail Naples, Florida 34112 (941) 774-8400 The foregoing Special Warranty Deed was acknowledged before me this 14th day of September , 2000 by HAROLD S. LYNTON, AS TRUSTEE, for Juliet C. Sproul under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated June 15, 1993, and filed June 22, 1993, in Probate No. 76-33, of the Probate Records of Collier County, Florida, PARTNER, on behalf of THE HALSTATT PARTNERSHIP, a Florida general partnership, who is personally known to me or who has produced as identification. WITNESS my hand and official seal this 14thday of (affix notarial seal) JOANNE MENTZ NOTARY PUBL;C, State of New York No. 414821399 Qualified in Queens County Commission Expires November 30, ~ STATE OF COUNT'/OF September , 2000. (Sign~e of Notary Public) Joanne Mentz (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission//:(if any) My Commission Expires: ,~ ..,.-The foregoing Special Warranty Deed was acknowledged before me this /~C day of ~ , 2000 by KATHERINE G. SPROUL, AS TRUSTEE, for Juliet ~ ~proul under the Will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated June 15, 1993, and filed June 22, 1993, in Probate No. 76-33, of the Probate Records of Collier County, Florida, PARTNER, on behalf of THE HALSTATT PARTNERSHIP, a Florida general partnership, who is personally known to.__me or who has produced as identification. WITNESS my hand and official seal this _/~ day of (affix notarial seal) ' '/' CC589434 ~ J ~~.~ ,2000. (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission#: My Commission Expires: STATE OF COUNTY OF ~L~A~he. foregoing Special Warranty Deed was acknowledged before me this /-~;/g day of ~ ,2000 by JULIET C. SPROUL, AS TRUSTEE, for Juliet C. Sproul under the Will of B~ron Collier, Jr., deceased, and as confirmed by Change of Trustees dated June 15, 1993, and filed June 22, 1993, in Probate No. 76-33, of the Probate Records of Collier County, Florida, PARTNER, on behalf of THE HALSTATT PARTNERSHIP, a Florida general parmership, w._ho is personally known to me or who has produced as identification. -- - WITNESS my hand and official seal this/2~day of (affix notarial seal) ~ _~ _,2000. OFFICIAL NOTARY SEAL SUSAN L MATUROq ~o~ OCT. 1~2000 ~ (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission#: My Commission Expires:_/0-/5 LBARRON COLLIER CO ~ FI~ NUMBER OR: 2726 PG: 1846 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION FOLIO: NOT A SURVEY P^RCEL: EXHIBIT., ,"/1 ". Pag, / of / GOLDEN GATE PARKWAY (C.R. 886) P.O.C. 20765322702 107 COMMENCING AT TIlE POINT OF INTERSECTION OF THE FORMER NORTH RIGHT OF WAY LINE OF GOLDEN GATE BOULEVARD AND THE FORMER WEST RIGHT OF WAY LINE OF AIRPORT ROAD AS DEPICTED 1N O.R. 2064, PAGE 1159, OF THE PUBLIC RECORDS COLLIER COLVNTY, FLORIDA; THENCE NORTH 0 DEGREES 06 MINUTES 43 SECONDS EAST, A DISTANCE OF 47.59 FEET; THENCE NORTH 89 DEGREES 53 MINUTES 17 SECONDS WEST, A DISTANCE OF 29.17 FEET TO THE PRESENT RIGHT OF WAY LINE OF AIRPORT ROAD AND THE POINT OF BEGINNING; THENCE LEAVING SAID PRESENT RIGHT OF WAY LINE AND CONTINUING WEST ALONG SAID LINE, A DISTANCE OF 16.25 FEET; 'ITIENCE NORTH 0 DEGREES 06 MINUTES 43 SECONDS EAST, A DISTANCE OF 12.00 FEET; THENCE SOUTH 89 DEGREES 53 MINUTES 17 SECONDS EAST, A DISTANCE OF 22.56 FEET TO THE PRESENT RIGHT OF WAY LINE OF AIRPORT ROAD AND A POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 67.00 FEET, A CENTRAL ANGLE OF 11 DEGREES 36 MINUTES 57 SECONDS, AND A CHORD OF 13.56 FEET BEARING SOUTH 27 DEGREES 51 MINUTES 56 SECONDS WEST; THENCE SOUTHWEST ALONG SAID CURVE, A DISTANCE OF 13.58 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.005 ACRE (236 SQUARE FEET), MORE OR LESS. GENERAL NOTES 1) P.O.C, = POINT OF COMMENCEMENT 2) P.O.B, = POINT OF BEGINNING 3) BEC, = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 8) RAN - RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLE88 SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR MARCH 24, 2000 PREPARED BY: COLLIER COUNTY PUBLIC WQ]~q~ 3301 E. TAMIAMI TRAIL { B,~a,oN teit.l[rx CO NAPLES, FLORIDA 34112 L_mL_ FILE NO, STWRGO SHEET 1 OF 1 Warn: RN~L PROPERTY 2694829 OR: 2726 PG: 1838 RECORDgO in the OFFICIAL RROORDE of COLLIER COUNTY, 09/28/2000 at 09:37AM DWIGHT E. BROCK, CLNRN PROJECT: City of Naples/Collier County Computerized Signal System FOLIO: 20765322702 PARCEL: 107 Utility Release NEC FUR COPIN~ 19.~0 SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT is made and entered into this I~ day of_~,,~ 5L.~ , 2000, by and between COLLIER COUNTY, a political subdivision of threE State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "County"), and SPRINT-FLORIDA, INCORPORATED, successor by merger to UNITED TELEPHONE COMPANY OF FLORIDA, whose mailing address is P.O. Box 2477, Naples, Florida 34106 (hereinafter referred to as "Utility"). WlTNESSETH: WHEREAS, the Utility has an interest in that certain tract or parcel of land lying and being in Collier County, Florida, more particularly described and set forth in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Property"); and WHEREAS, the County has determined that this Property is suitable and appropriate for road right of way, sidewalk, drainage, utility and maintenance purposes; and WHEREAS, the County's proposed use of the Property for road right of way, sidewalk, drainage, utility and maintenance purposes requires the subordination of the interest in the Property by the Utility to the County; and WHEREAS, the Utility is desirous of consenting to the subordination and the relocation of its facilities from the Property into the road right of way, sidewalk, drainage, utility and maintenance purposes, if necessary; and WHEREAS the County is willing to pay to have the Utility's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the receipt and sufficiency of which are hereby acknowledged, Utility and County hereby agree as follows: 1. The Utility hereby subordinates any and all of its interest in the Property SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF to the interest of the County, its successors and assigns, for the purpose of constructing, improving, and operating for road right of way, sidewalk, drainage, utility and maintenance purposes over, under, through, upon, and/or across said Property, including, but not limited to the claim of interest based upon the following: Nature of From or Encumbrance Date Against Utility Easement 3/2/79 Recorded Norman A. Herren, Trustee, et. al In Favor Of Book-Page United Telephone Company of Florida 798/1615 OR: 2726 PG: 1839 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and/or relocate its facilities within and upon the Property in accordance with the County's minimum standards for such facilities. Any construction or relocation of facilities within the Property will be subject to prior approval by the County. If the County requires the Utility to alter, adjust, or relocate its facilities from or within the Property, the County hereby agrees to pay the reasonable cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 3. The Utility shall have a reasonable right to enter upon the Property for the purposes outlined in paragraph 2 above, including the right to trim such trees, brush, and growth which may endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the County's facilities. 4. The Utility shall repair any damage to the County's facilities and indemnify the County from and against any loss or damage resulting from the exercise of its rights as outlined in paragraphs 2 and 3 above. 5. These terms and conditions shall be attached as an addendum to that permit, if any, required by the County for location of the Utility's facilities within the Property. 6. This Agreement shall be assignable only to the State of Florida for the use and benefit of the County in connection with the Utility's installation and maintenance described above. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk t , Deputy Clerk Attest is to Chairman's signature Approved as to form Robert Z~c~a ry Assistant County Attorney BOARD OF ~T~ISSIONERS COLLIER (~)UN,'I',Y, FLORIDA TI~ J. C01~l~AN~;hairman Signed, sealed and delivered in our presence as witnesses;_ WlTNESS~.~ignature)- - ~ (Print or Type) WITNESS (Signature) ~'~ Name: &"~c,,,~o L. ~R~ /~',/ (Print or Type) ' / Sprint-Florida, Incorporated successor by merger to United Telephone Company of Florida P.O. Box 2477 (Local) Naples, Florida 34106] By: ,~~,~ ~7 ,,,JF'res~Vi~'e P re side nt OR: 2726 PG: 1840 STATE OF Florida COUNTY OF Orange The foregoing Subordination of Utility Interest was acknowledged before me this 1st day of August , 2000, by Robert W. Longley (Name) Vice President (Title) on behalf of SPRINT-FLORIDA, INCORPORATED, successor by merger to UNITED TELEPHONE COMPANY OF FLORIDA, who is personally known to me or who has produced as identification. (affix notarial seal) ARO A. STONE '~- ~ Notary Pubti.~-State of F!orida ~ My Commission Ex'~ Ap~. 25, 2003 Commission, CC830106 (Signature of Notary Public) Carol A. Stone (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: cc830106 My Commission Expires: April 25, 2003 *** OR: 2726 PG: 1841 *** PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION FOLIO: NOT A SURVEY PARCEL: EXHIBIT Page / of.. GOLDEN GATE PARKWAY (C.R. 886 P.O.C. 20765322702 107 I 42'25'$4t~ 67.00 49.62 8 21 ° IF40" ~ 48.49 2 21 °$6'45" 67.00 25.66 12.99 25.51 S 11°05'05" W COMMENCING AT THE POINT OF INTERSECT/ON OF THE FORMER NORTH RIGHT OF WAY LINE OF GOLDEN GATE BOULEVARD AND THE FORMER WEST RIGHT OF WAY LINE OF AIRPORT ROAD AS DEPICTED IN O.R. 2064, PAGE 1159, OF THE PUBLIC RECORDS COLLIER COUNTY, FLORIDA; THENCE NORTH 0 DEGREES 06 MINUTES 43 SECONDS EAST, A DISTANCE OF 47.59 FEET; THENCE NORTH 89 DEGREES 53 MINUTES 17 SECONDS WEST, A DISTANCE OF 29.17 FEET TO THE PRESENT RIGHT OF WAY LINE OF AIRPORT ROAD AND THE POINT OF BEGINNING; TI-IENCE LEAVING SAID PRESENT RIGHT OF WAY LINE AND CONTINUING WEST ALONG SAID LINE, A DISTANCE OF 16.25 FEET; THENCE NORTH 0 DEGREES 06 MINUTES 43 SECONDS EAST, A DISTANCE OF 12.00 FEET; THENCE SOUTH 89 DEGREES 53 MINUTES 17 SECONDS EAST, A DISTANCE OF 22.56 FEET TO THE PRESENT RIGHT OF WAY LINE OF AIRPORT ROAD AND A POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 67.00 FEET, A CE~L ANGLE OF 11 DEGREES 36 MINUTES 57 SECONDS, AND A CHORD OF 13.56 FEET BEARING SOUTH 27 DEGREES 5l MINUTES 56 SECONDS WEST; THENCE SOUTHWEST ALONG SAID CURVE, A DISTANCE OF 13.58 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.005 ACRE (236 SQUARE FEET), MORE OR LESS. GENERAL NOTES 1) P,O.C. = POINT OF COMMENCEMENT 2) P,O.S, = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) R/W =RtGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WiTH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR PREPARED BY: COLLIER COUNTY PUBLIC WORKS 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 341 '12 DATE ' MARCH 24, 2000 FEE NO. STWRGO SHEET 1 OF 1 PROJECT: FOLIO: PARCEL: Computerized Signal System 20765322702 107 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between THE HALSTATT PARTNERSHIP, a Florida general partnership, (hereinafter referred to as "Owner"), whose post off.ice address is 2600 Golden Gate Parkway, Suite 200, Naples, Florida 34105, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"); WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to Pumhaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; 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: Owner shall convey the Property to Purchaser for the sum of $1,809.85, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Pumhaser. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided; however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 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 Purchase Agreement Page 2 contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. mpliance with all Federal, State and Local environ~.nB~t'~rlaws; ces have been generated, stored, tre~qt~or transferred Ily disclosed to the~_.uf~aser', that the Owner h kI dg of an s'~--qr.~ v~ronme~ta~aw v'~ ~Dlation on any property 'tt ' th --n e ~c t'y fthe~..P~-rtr-_Z~ rob~sol~ ~dtot e urh P chaser, thatthe Oh ~ note ic~..~td'~thee o rwis~ knowledge of a) any spill on thPrt b) a ~ th at~dn env'r~ rne 9 ~~against the Property )I ~Pl:rFo ed'ng r' v t'~ation reg rad~ng th~on, storage, treatme . This 7. ~"--~11 [r, de, nm,'~:,,~y, defe,'~d, save a,'~d ,hold ,har,,m!css t,hc and fr m~~urse the Purchaser with respect to, annamages, ~ r ~IT I~~nd ex~en~~~ without limitation bl a legal ~d a~orn y~ens~ whether in couP, out of ~ ba kr tcyor adm~i~ro~eedin~al), penalties or fines ' d b ~~ t~ P~~ b~ ~~t of ~he C,u~,,,g ~,~d is not dee,,med ~atisfi~d by cc,~ ~c~ ~,qco of t~t~. 8. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documenta~ and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with securing from modgagee(s), and recording in the public records of Collier County, Florida, such full or pa~ial release(s) or satisfaction(s) as are necessaw to convey a clear and marketable title to the Properly. The cost of a title commitment shall be paid by Purchaser. 10. 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. If the Owner holds the Property 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 Purchaser, 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.) Purchase Agreement Page 3 11. 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 this ~ day of ,z~,~ ,2000. Date Property acquisition approved by BCC: 5/23/2000 AS TO PURCHASER: 'ATTEST: DWIGHT E. BRC~K, Clerk - ~/ ' ,D~uty Clerk BOARD OF COUNT~~ISSIONERS COLLIER ~/(;;;~dlqTY, FLORIDA Ti~_~y J. Con~ntine, '~hairman AS TO OWNER: DATED: (Print or Type) Witness (Signature) Name: TRI~ (Print or Type) THE HALSTATT PARTNERSHIP, a Florida general partnership Pa~nership Name: Address: 2600 Golden Gate Parkway Naples, Florida 34105 Approved as to form and legal sufficiency: Robe~Zagl~ry Assistant County Attorney PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY NAPLES, FLORIDA 34112 FOLIO: PARCEL: EXHIBIT ( of,, / GOLDEN GATE PARKWAY (C.R. 886) t P.O.C. 20765322702 107 I 42~5'~' 67.~ 49.62 45.4g ~ 21 '1 COMMENCING AT THE POINT OF INTERSECTION OF THE FORMER NORTH RIGHT OF WAY LINE OF GOLDEN GATE BOULBVARD AND THE FOP, MEK WEST RIGHT OF WAY LINE OF AIRPORT ROAD AS DEPICTED 1N O.R. 2064, PAGE 1159, OF THE PUBLIC RECORDS COLLIER COUNTY, FLORIDA; THENCE NORTH 0 DEGREES 06 MINUTES 43 SBCONDS EAST, A DISTANCE OF 47.59 FEET; THENCE NORTH 89 DEGREES 53 MINUTES 17 SECONDS WEST, A DISTANCE OF 29.17 FEET TO THB PRESENT RIGHT OF WAY LINE OF AIRPORT ROAD AND THE POINT OF BEGINNING; THENCE LEAVING SAID PRESENT RIGHT OF WAY LINE AND CONTINUING WEST ALONG SAID LINE, A DISTANCE OF 16.25 FEET; THENCE NORTH 0 DEGREES 06 MINUTES 43 SECONDS EAST, A DISTANCE OF 12.00 FEET; THENCE SOUTH 89 DEGREES 53 MINUTES 17 SECONDS EAST, A DISTANCE OF 22.56 FEET TO THE PRESENT RIGHT OF WAY LINE OF AIRPORT ROAD AND A POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 67.00 FEET, A CENTRAL ANGLE OF 11 DEGREES 36 MINUTES 57 SECONDS, AND A CHORD OF 13.56 FEET BEARING SOUTH 27 DEGREES 51 MINUTES 56 SECONDS WEST; THENCE SOUTHWEST ALONG SAID CURVE, A DISTANCE OF 13.58 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.005 ACRE (236 SQUARE FEET), MORE OR LESS. GENERAL NOTES I) P.O.C. = POINT OF COMMENCEMENT 2) P.O.E. = POINT OF EEGINNING 3} SEC. = SECTION 4) TWP. = TOWNSHIP 5) ROE. = RANGE S} R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE ! EMRO88ED SEAL OF A PROFE-eSIONAL LAND SURVEYOR ! ~wa uY c~e~',eu ~Ysc~JE ' INOT TO SCALE PREPARED BY: COLLIER COUNTY PUBLIC WORKS 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 MARCH 24. 2000 I FILE NO, I 8TWRGO SHEET 1 OF 1