Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Michael Arbitman
Memorandum To: From: Date: Subject: Pamela S. Mac 'Kie, Chairwoman Board of County Commissioners Deena L. Quinn Senior Specialist September 15, 1999 Livingston Road (NN MSTU) Collier County Project No. 65041 Parcel: 13-26 Revised- Michael Arbitman, M. D. Attached you will find one (1) Easement Agreement for execution by Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please be advised that Robed Zachary, Assistant County Attorney, has reviewed and approved the attached document. The Board of County Commissioners of Collier County, Florida, approved the acquisition by gift or purchase in Resolution No. 98-165, Item 16(B)(5) dated May 19, 1998. Pursuant to Resolution No. 98-165, Paragraph 8, the Board has authorized its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney. The Board of County Commissioners of Collier County, Florida, approved the acquisition by gift, purchase or condemnation in Resolution No. 99-250, Item 8(B)(2), dated May 25, 1999. Once the Agreement has been executed, please forward same to Ellie Hoffman, Records Technician Ill, 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. Attachment as stated Real Property Management Department .15ROJECT: Livingston Road (NNMSTU) PARCEL: 13-26 Revised FOLIO: 00149720005 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered by and between MICHAEL ARBITMAN, M.D., as Trustee of Land Trust Agreement dated August 18, 1989, (hereinafter referred to as "Owner"), 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 simple interest in the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement, (hereinafter referred to as the "Property"); and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, under the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property to Purchaser. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency oi' which are hereby mutually acknowledged, it is agreed by and between the parties as follows: Owner shall convey the Property via a Warranty Deed to Purchaser in exchange for the sum of $9,450.00, payable by County Warrant, said transaction hereinafter referred to as "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 any and all other damages in connection with the purchase of said Properly. 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, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. This Agreement shall be null and void and of no fudher force or effect unless Closing shall occur within sixty (60) days of the date Purchaser executes this Agreement; provided however, that Purchaser, at its sole discretion, may extend the term of this Agreement indefinitely pending receipt of such properly executed instruments which either remove, release or subordinate any and all liens, encumbrances and/or qualifications which might interfere with Purchaser's enjoyment of the Property. Owner shall pay its pro-rata share of taxes, assessments, or other term expenses of the Properly through the day before the Closing. Owner shall convey a marketable title to the Property 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 provioed 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. Purchase Agreement Page 2 10. 11. 12. 13. The Purchaser shall pay for all costs of recording the deed. 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 Releases and Subordinations of liens recorded against the Property. Owner represents that the Properly 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 Properly 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 seller has not received notice and other'wise 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. Owner 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. 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 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. 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. 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, Flodda 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 .~tatutes, whose stock is for sale to the general public, it is hereby exempt from th provisions of Chapter 286, Florida Statutes.) This Agreement is governed and construed in accordance with the laws of the State of Florida. This Purchase Agreement and the terms and provisions hereof shall be effective as of the date this Purchase Agreement is executed b/ both padies; and shall inure to the benefit of and be binding upon the parties hereto and their respective Purchase Agreement Page 3 heirs, executors, personal representatives, successors, successor trustees, and assignees, whenever the context so requires or admits. IN WITNESS WHEREOF, the parties hereto have executed this Purchase Agreement on this ~ day of ~ ,1999. Property acquisition approved by BCC pursuant to Resolution No. 99-250. AS TO PURCHASER: DATED:~ · ,ATTEST: ' /".DWIGHT E. B .RocK,' Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~ DATED: (Printed Name) MICHAEL ARBITMAN, M.D., Trustee Approved as to form and legal sufficiency: Assistant County Attorney HOLE, MONTES & ASSOCIATES, IHC. ENGINEERS PL.~F~N ERS SURVEYORS Prese,~lng and enhancing Florida's HMA PROJECT #1985031 -A.401 ..:~ ... , 4/13/99 REF. DWG. #B-2638 PARCEL 26-T REVISED ', ~ , A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGIh~ AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 13. TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.88°39'39'E., ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTIC~, FOR A DISTANCE OF 80.01 FEET; THENCE RUN S.44'01'24'W. FOR A DISTANCE O¢' 42.70 ;EOT THEHCE RU;./S.00'35'50'E.. PARALLEL VVITH THE WEST LINE OF THE NORTHEAST QUA~TE~. SAID SECTION 13. FOR A DISTANCE OF 20002 FEET; THENCE RUN S.88°39'39,W.. p , - ARALL=L WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A CISTA:~CE OF 22.00 FEET; THENCE RUN S.00'38'50'E.;' PARALLEL WITH THE VVEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 106.70 FEET TO A PO~T C THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHVVEST QUARTER OF THE NORTH~VEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THE~-~CE S.88'38'26%V., ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTH',',EST QUARTER OF THE tJORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECT:O~ 13, FOR A DISTANCE OF 28.00 FEET TO THE SOUTFC¢,/EST CORIqER OF THE NORTHWEST QUARTER OF THE NORTHVVEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N.00o36,50-W,, ALONG THE ~,','E$- LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 335 73 FEET THE .POINT OF Bg~!NNIN~; CONTAINING 0,343 ACRE, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,~AS BEING N.00'35'50'W, HOLE. MONTES & ASSOCIATES, INC. " "'. CERTIFICATE OF AUTHORIZATION LB #1772 P.L.S. # 3741 . STATE OF FLORIDA 10550 ABERNATHy STREE-f 26-T Memorandum TO: FROM: DATE: RE: Ellic [loffman Records Technician III Minutes & Records Managcrnent ~'oni A, Mort ~\~Senior Specialist Real Property Maria ,cment Department Oclober 7. 1999 l.ivmgslon Road CNN MSTU) ('oilier County Project No. 65041 Ellie. attached please find one (I) oriffinal recorded Warranty Deed for the above referenced project. - The Board or County ('ommissioncrs of Collier County, Florida, approved the acquisition by .gift, purchase or condemnation in ResoIution No. 99-250, Item 8(B)(2), dated May 25, 1999. P/case contact mc il'you have ally questions or comments at 8991. Thank you. allachments as Staled cc: ]'ax Appraiser's OflScc xv/attachmcnt Tax Collector's Office w/attachment Inventory File w/allachn~cnt 2538596 OR: 2597 PG: 1684 tl~l. II ~ete: I~l~ PROJECT: Livingston Road (NNMSTU) PARCEL: 13-26 Revised FOLIO: 00149720005 ~£so~.ut~oN No. 99.250 WARRANTY DEED THIS WARRANTY DEED executed this c,~.~ day of ~ ...... ~ Ig~'~ b' M CHAEL AR, TMAN, M.D., as Trustee of T ,st 1989, 505 Lancaster Street, #10A. Jacksonville, Florida 32204, ('hereinafter called the Grantor), 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 Ihat certain land situate in Collier County. Florida, to wit.' See attached Exhibit 'A' attached hereto and incorporated herein by reference. Subject to easements, restr ctions, and reservations of record. THIS IS VACANT AND UNIMPROVED PROPERTY AND IS, THEREFORE, NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD lhe same in fee simple forever, together with all the tenements, hereditamenls and appudenances thereunto belonging or in anywise appertaining. AND Ihe 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. This property has been acquired under threat of condemnation and Is exempt from ,documentary stamp tax OR: 2597 PG: 1685 Warranty Deed Michael Arbitman. M. D., as Truslee of Land Trust Agreement dated Augus118. 1989 Page Two IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above written. {Pnnl Full MICHAEL ARBITMAN, M.D., Trustee STATE OF r="/--~.d D/~. COUNTY OF ~ The foregoing Warranty Deed was acknowledged before me this ~ day of ~.-~.~~_~, 1999, by Michael Arbitman, M.D., as Trustee of Land T~st A"'-~reement dated August 16. 1989, who: ~ is personally known to me OR produced as proof of identity. (type of identification) ('affix notarial seal) L. VAtlC£ SHRU~ N~,ry Public, ~t~,te of ~oridl My Comm. exi;,res June 5, Z~3 (Pnnt Name of Notary Pul:Hie) Notary Public Serial/Commission # (i¢ any):~ My Commission Expires: Preoared by: [" <.. -' "~' Robsrt N. Zachary, L~sq~ulre Office of the County Attorney 330t East Tamlaml Trail Naples, Florida 34112 (941) 774-84O0 .o~.,~, ~ONT,S ~ ^SSOC,^TES. ,.C. EX H I BIT ENOINEER$ PI,.A.NN £ RS SURV~OR~ f.~ , PARCEL 2~-T REVISED ;~ A PARCEL OF ~ND LOCATED ~N THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, ~GE 25 ~ST, COLLIER COUNt, FLORIDA, BEING MORE PART~CU~RLy ' DESCRIBED AS FOLLOWS: ' HMA PROJECT #1985031 -A-401 4/13/g9 REF. DWG. #B.2636 CERTIFICATE OF AUTHORIZATION LB #1772 ~IEGIhJ AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.88'3g'3g'E,, ALONG THE NORTH LINE OF THE NORTHEAST C~UARTER OF SAID SECTIO~.~ ~, 3. FOR A DISTANCE OF 80.01 FEET; THENCE RUN S.44'01'24'W. FOR A DISTANCE OF 42,70 ~'EcT THENCE RUN S.00'38'50'E, PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER SAID SECTION 13, FOR A DISTANCE OF 200,02 FEET; THENCE RUN S.88*3g'39'W., PARALLEL WITH THE NORTH LINE OF THE NORTHEAST (~UARTER OF SAiD SECTION 13, FOR A DISTA,'.JCE OF 22.00 FEET; THENCE RUN S.00'36'50'E.,. PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER OF SAiD SECTION 13, FOR A DISTANCE OF 105,70 FEET TO A PO~:~T C TP~E SOUTH LINE OF THE NORTt-~,,'JEST QUARTER OF THE NORTHVVEST QUARTER OF Tt~E NORTH'v'./EST QUARTER OF THE I"~©RTHEAST QbARTER OF SAID SECTION 13; THEI~.jCE S.88'38'25"VV., ALONG THE SOUTH LIt'JR OF THE NORTHWEST QUARTER OF THE QUARTER OF TF~E I"JORTH~.~,'EST QUARTER OF THE NORTHEAST QUARTER OF SAID 13, FOR A DISTANCE OF 28,00 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHVVEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N.00*36'50'W., ALONG T~E LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 335.73 FEET TO THE ~INT ~)F BE,.~INNIN~; CONTAINING 0.343 ACRE, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORiD),,.'~.S BEING N.00'~3(~'5~',.,,} HOLE, MONTES & ASSOCIATES, INC. -- STATE OF FLORIDA