James R. & Doris R. NashMEMORANDUM
To:
Sue Filson, Administrative Assistant
Board of County Commissioners
From:
Ernie W. Kerskie, Real Property Specialist III
Real Property Management Department
Date:
February 5, 2001
Subject:
Livingston Road Widening Project
Collier County Project No. 60071
Parcel: 165A/Nash
Attached you will find one (1) Purchase Agreement for execution by Chairman James D.
Carter, Ph.D., concerning the above transaction. Please be advised that Ellen
Chadwell, Assistant County Attorney, and Mitch Riley, Senior Project Manager have
both reviewed and approved the attached document.
The Board of County Commissioners of Collier County, Florida approved the acquisition
in Resolution 2000-446, Item 8(b)(1), dated November 28, 2000. Pursuant to
Resolution 2000-447, Paragraph 8, the Board has authorized its present Chairman and
any subsequent Chairman, for the life of the Project, to execute any instrument which
have been approved by the Office of the County Attorney.
Once the Agreement has been executed, please forward same to Ellie Hoffman,
Records Technician III, Minutes and Records Management, for attestation by the Clerk
to the Board. Ms. Hoffman will then call me at extension 8991 for document pick-up.
Thank you.
Attachments as stated
Real Property Management Department
PROJECT: Livingston Road / 60071
PARCEL: 165A / Nash
FOLIO: 38101120000
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered by and between JAMES R. NASH and DORIS R. NASH, Husband
and Wife (hereinafter referred to as the "Owner"), and COLLIER COUNTY, a political
subdivision of the State of Florida, its successors and assigns, (hereinafter referred to
as the "Purchaser");
WHEREAS, the Purchaser requires a fee simple interest in that land described in
Exhibit "A", which is attached hereto and made a part of this Agreement; and
WHEREAS, the Owner desires to convey the above-referenced land (hereinafter
referred to as "Property") for the stated purposes, under the terms and conditions set
forth herein; and
WHEREAS, the Purchaser has agreed to compensate the 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 are hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall convey the Property to Purchaser in exchange for the sum of
Twenty Five Thousand Dollars, ($25,000.00), broken down as follows:
Fee Simple Parcel 165A (via Warranty Deed)$ 25,000.00
TOTAL: $ 25,000.00
The Owner accepts the above payment as full compensation for the Property
interests taken and for any damages resulting to the remainder, if less than the entire
property was taken and for all other damages in connection with said Property,
including any attorney fees and costs provided by Chapter 73, Florida Statutes. 2. Purchaser shall pay Owner for the Property by County Warrant.
3. Both Owner and Purchaser agree that time is of the essence in regard to the
closing and that, therefore, said closing shall occur within sixty (60) days of the
execution of this Agreement by Purchaser. At closing, Purchaser shall deliver the
County Warrant to Owner and Owner shall deliver the required conveyance documents
to Purchaser in a form acceptable to Purchaser. Owner shall remove, within forty-five
(45) days after closing, any and all property, goods and chattels which are located on
the Property. Purchaser shall provide a list of items to be removed, if any, at closing.
Owner shall indemnify and hold Purchaser harmless from any costs in connection with
the relocation of the identified items.
4. Owner shall pay its pro-rata share of taxes, assessments, or other term
expenses of the Property, if applicable, through the day before the closing.
5. Owner shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with law. The
Owner will, if title is found unmarketable, use diligent effort to correct defect(s) in the
title within the time provided therefor including the bringing of necessary suits. Any and
all documents to clear title to the Property shall be provided to Purchaser on or before
the date of closing.
6. Owner represents that the Property and all uses of the Property have been
and presently are in compliance with all Federal, State and Local environmental laws;
that no hazardous substances have been generated, stored, treated or transferred on
the Property except as specifically disclosed to the County; that the Owner has no
knowledge of any spill or environmental law violation on any property contiguous to or
in the vicinity of the Property to be sold to the County, that the owner has not received
notice and otherwise has no knowledge of a) any spill on the Property, b) any existing
or threatened environmental lien against the Property or c) any lawsuit, proceeding or
investigation regarding the generation, storage, treatment, spill or transfer of hazardous
substances on the Property. This provision shall survive closing and is not deemed
satisfied by conveyance of title.
7. Owner hereby agrees that it shall indemnify, defend, save and hold harmless
the County against and from, and to reimburse the County with respect to, any and all
damages, claims, liabilities, laws, costs and expenses (including without limitation
reasonable paralegal and attorney fees and expenses whether in court, out of court, in
bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by
or asserted against the County by reason or arising out of the breach of owner's
representation under Section 7. This provision shall survive closing and is not deemed
satisfied by conveyance of title.
8. Conveyance of the Property, or any interest in the Property, by the Owner is
contingent upon no other provisions, conditions, or premises other than those so stated
herein; 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.
9. 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.
10. The Purchaser shall pay for all costs of recording the conveyance
documents. All other costs associated with this transaction including, but not limited to,
transfer, documentary and intangible taxes, and 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 the obtaining and recording of a Subordination, Consent & Joinder
of Easement and/or Partial Release of the mortgage(s) recorded against the Property
from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser.
11. 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. (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.)
12. This Agreement is governed and construed in accordance with the laws of
the State of Florida.
13. 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 trustee, and assignees whenever the context
so requires or admits.
Dated Project/Acquisition Approved by
BCC: /l-~9-Z~oo tze5. Z~oo-,.t~l,,
AS TO PURCHASER:
ATTEST:
DWIGHT E, BROCK, Clerk
~/-~Y~. ,4g, D(~p"~ty Clerk
Attest ?'-to .Clia !rm~a' $
AS TO OWNER:
DATED: //j~/~ /
/
WITNESSES:
/ '¢'i~t W~thes~'-(Signature)
Second Witness (Sign. a, tur~) ,
Name: ~/~.~;x~.~ ~/~,,/'77,/~**'*'
(Print or type)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,
BY: ~
JAME [;~f/CART
ER, Ph.D., Chairman
L/J'~MES R. NASH
Address: 2555 70th Street SW
Naples, FL 34105
WITNESSES:
Second Witness (Signatur,e~
Name: Z?E,,,/,'_~ g-
(Print or type)
DORIS R. NASH
Address: 2555 70th Street SW
Naples, FL 34105
Approved as to form and
leg_al sufficiency: ~
~"ELLEN T. CHADWELL
Assistant County Attorney
Reviewed and Api:woved by:.
FEE SIMPLE TITLE
EXHIBIT A
PROJECT PARCEL
TAX PARCEL NO. ~~
SECTION 50, TOWNSHIP 49 ~OUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
;. ~[SC~IP[IO~ OF. ~ARCEk ~65A
~[ ~5r Jo. o0 FEET OF ~E SOU~ ONE-HALF (I/2) OF ~ACT 15, GOLOEN
ESTA~S, UNIT NO. 29, ACCORDING TO ~E PLAT ~EREOF, AS RECORD~O IN
PLAT BOOK 7, PACE 57, PUBLIC RECORDS OF COLLIER COUNT~ FLORIOA.
CONTAINING 5~90 SQUARE FFEF OF LANO MORE OR LESS;
SU8J[CT TO EASEMENTS AND RES~ICTIONS OF RECORO.
5KETCH ,OF PARCEL t65A (NOT A SURgEY)
GREY OAKS' P. UiD. 'scat[: ~" -
(NOT PLA TTED)
f 5' PROPOS[O R.O.W.
EAST LINE OF~
+~4, J7 ~ O. OO
0.00 ~ ' 5EC~ON 25
N N O0'f6'OO"W ~
~ST LINE OF SEC~ON 30 30' DRAINAGE
EA S~MEN
~ST 30' PARCEL f65A (PLAT)
PROPOSEO R.O.W. ~
~ JAMES A. BOULTON
~ M. ELiSA~E~ BOUL~ON
~ } O.R. ~241, PG. 492
~ TRACT 15
SOUTH I/2 O~ TRACT ~5
(P.B. 7, PG. 57) .
~EARINGS ARE BASEO ON ~E FLORIOA STA~ PLAN COORDINA~ SY6~M, E~l' ZO
~ '~o~ 8/21/00 BY
~ ~B~R k - - SCAL 50'
/
MEMORANDUM
TO:
Ellie Hoffman, Senior Clerk
Clerk of Courts/Minutes & Records Management
FROM:
Emie W. Kerskie, Senior Property Acquisition Specialist
TECM/Right of Way
DATE:
March 18, 2002
Livingston Road Phase II Widening Project
Easement
Please find attached one (1) original recorded Easement for the above referenced
project.
The Board of County Commissioners of Collier County, Florida approved the
recordation and acceptance of same on November 28, 2000, Item 8(B)(1). Resolution
2000-446.
Please contact me if you have any questions or comments at 213-5846.
Thank you.
attachments as stated
cc: Inventory File w/attachment
PROJECT: Livingston Road / 60071
PARCEL: 165A/Nash
FOLIO: 38101120000
Prepmred by:
Ellen T. Chadwell, Esquire
Office of the County Attorney
3301 East Tamtamt Trail
WARRANTY DEED
2762746 OR: 2790 PG: 0310
RECORDED in O~ICIA~ R~CORD8 of COLLIER COUN?Y, ~
03/13/2001 at 12:31PH DWIGHT ). BROCK, CLBRK
CONS 25000,00
COPI~8 3.00
~I8¢ 1.00
Retn:
R~AL PROPERTY
Naples, Florida 3411Z IIXT 8991
(941) 774-8400 TN?I~TCR
THIS WARRANTY DEED made this ~'~ day of ~.~,~..,~.~.,~,_.~ , 2001, by
JAMES R. NASH and DORIS R. NASH, Husband and Wife/,,.Wl~o~e r~ai~ng address is 2555
70th Street SW, Naples, Florida 34105 (hereinafter called the ~antor), to COLLIER COUNTY, a
political subdivision of the State of Florida, its successors and assigns, whose post office
address is 3301 Tamiami Trail East, Naples, Florida, 34112 (hereinafter called the 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 of Ten 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 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
said 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.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day
ar'ud-'~ar first above,~ritten.
WitQess #1 (Signat~) ~ ,
Print,or Type Name
Wit~"~§ 42 ~-~ignaGr~
Print or T~,p~'Name
~:~AMES R. NASH
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing WARRANTY DEED was acknowledged before me this .'~"~C~day of
'~,o~,~,~,.( , 2001, by JAMES R. NASH, who is personally known to me or who has produced
~,~- b,~.,'~P-.~- s ~,'¢ ~.~,~. ~---, as identification.
(Affix notarial seal)
il ' MARIE Y, TALIER IO I|
!1~" ~ '~'<~ MY COMMISSION # CC 766275 I!
I1%~...~,.,'~".] EXPIRES: October 29, 2002 II
~ ;~ ~ded ~m N~U Public Un~ters
This pmpe~ has been acquired under
throat of condemnation and is ~mpt from
d~umen~ry s~mp ~
Public
Print N a da.o'.'
Commission # /
My Commission Expires:
THIS CONV~ANCE APPROVED BY ~E
BOARD OF COUN~ COMMISSIONE~,
CO~ER COUN~ FLORIDA,
PUR~T TO THE PROVISIO~
OF RESOLUTION NO.
Witness #1 (Signature),
Print or Type Name
Witne/r~ (5'f~ln~u f~
Print or Typb r~ame
OR: 2790
DORIS R. NASH '
PG: 0311
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing WARRANTY DEED was acknowledged before me this ,,~ day of
'~,~...v. ,2001, by DORIS R. NASH, who is personally known to me or who has produced
_"t~;,~.¢'~ X-,'~.e-r-,~ ,.as identification.
(Affix notarial seal)
~.~:~i EXPIRES: October 29, 2~2
~"~.,-"" _ ~ .....
//,~"g~/~'N otar~' Public
Print Nar~:/.~.~'-~_ t/.
Commission # /
My Commission Expires:
~'n~.. Count.V Attorne.v
FEE SIMPLE TITLE
EXHIBIT A
PROJECT; NO.
PROJECT
TAX PARCEL NO. ~).1~-~_ ~
SECTION JO, TOWNSHIP 4-9 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
· DE$CR!.P_ TIO_N O_E PARCEL 1
· THE I/TEST $0.00 FLEET OF THE SOUTH ONE-HALF (I/2) OF TRACT 15, GOLDEN GATE
ESFAIES, UNI1' NO. 29° ACCORDING TO FIlE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 7, PAGE 57, PUBLIC RECORDS OF' COLLIER COUNTY, FLORIDA.
CONTAINING 6,190 SOUARE FEET OF LAND MORE OR LESS;
SUBJECT I'0 EASEMENTS AND RESTRICTIONS OF RECORO
_5K_£TCH~__OF P_ARCEL__~_I65A. (NOT A SURVEY)_
(;RE Y OA KS' P. U: D.
(NOT PLATTED)
'SCALE: I" ~ 50'
PROPOSED R.O.W.
.f
190+00
O0'IE'OD"W
~ ~"~ +g7. J8
u 0.00
WEST LINE OF SECTION $0J
PARCEL 165A
PROPOSED R.O.W. j
JAMES A. BOUL TON
M. ELISABE~I BOUL TON
O.R. 1241, PG. 492
192+00
SOUTH I/2 OF TRACT 15
GOLDEN GA TE ESTATES UNIT NO. 29
(P.~. Z, PG. 57) ~ ~
TRAC-
LAS r LINE OF-~
SECTION 2f5 . '~
JO' DRAINAGE
EA SEMEN r
(PLA r)
BEARINGS ARE BASED ON TH
E FLORIDA STATE PLAN COORDINATE SYSTEM,
PREPARED BY:
.ou e/21/oo
IIIIIImE3.u.uAal ,, SCALF~/I"./~ §0'_