Marc CatalanoMemora
ndum
To:
From:
Date:
Subject:
Pamela S. Mac 'Kie, Chairwoman
Board of County Commissioners
Deena L. Quinn
Senior Specialist
September I5, 1999
Livingston Road (NN MSTU)
Collier County Project No. 65041
Parcel: 13-35T Revised - Marc Catalano
Attached you will find one (1) Easement Agreement for execution by Chairwoman
Pamela S. Mac'Kie concerning the above transaction. Please be advised that Heidi F.
Ashton, 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 o[ 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 III, Minutes and Records Management, for attestation by the Clerk
to the Board. Ms. Horl'man will then call me at extension 8991 for document pick-up.
Thank you.
Attachment as stated
Real Property Management Department
PROJECT: Livingston Road/NN MSTU
PARCEL NO: 13-35T Revised
FOLIO NO: 00150080006
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between MARC CATALANO, a single man, (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 estate in that land described in Exhibit "A"
(hereinafter re[erred to as the "Property"). which is attached hereto and made a part of
this Agreement;
WHEREAS, Owner desires to convey the Property to Purchaser 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:
1. Owner shall convey the Property to Purchaser for the sum of $3,000.00, payable
by County Warrant (said transaction hereinafter referred to as the "Ctosing").
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 Purchaser.
2. 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 rrom 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.
3. This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within ninety (90) days from the date Purchaser executes 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.
4. 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, shatl 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. 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.
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 Purchaser; that
Purchase Agreement Page 2
the Owner has no knowledge of any spill or environmental law violation on any
property contiguous to or in the vicinity of the Properly to be sold to the
Purchaser, 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 Properly 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 shall indemnify, defend, save and hold harmless the Purchaser against
and from, and to reimburse the Purchaser 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 Purchaser by reason or arising out of the
breach of Owner's representation under Section 6. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
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, documentary 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 mortgagee(s), and recording in the public records of Collier
County, Florida, such full or partial release(s) or satisfaction(s) as are necessary
to convey a clear and marketable title to the Properly.
9. 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.
10. If the Owner holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative cepacity 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, its successors and assigns. (If the corporation is
registered with the Federal Securities Exchange Commission or registered
pursuant to Chapter 517, Florida Stalutes, whose stock is for sale to lhe general
public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.)
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Purchase Agreement
Page 3
IN WITNESS V~.. HEREOF, the parties hereto have executed this Agreement on
this I(;tb day of ¢~_~¢3t~r.,Jac~ , 1999
Date Property acquisition approved by BCC: May 19,1998 98-].65, ].6( B )( 5 )
D~te Property cordOnnation apt~r~ved by ~"~: May 25, '1999, 99-250, 8(B)(2)
AS TO PURCHASER:
ATTEST: ...... ..
DWIGHT E. BR0'CK,-Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER.~OUNTY, FLORIDA
Pamela S. Mac'Kie. Chai~oman
DATED:
Witness (Si~i{at~Jre) ,
(Print or Type)
,
Witness (Signature)
(Print or Type)
.._~C-C~TALANO
11935 SW 15TH Court
Davie, Florida 33325
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
HOLE, MONTES & ASSOCIATES, INC.
E,'"KSINE E*r~ P',.,M,~N E J:~
HMA P~OJ~CT ~1985031-A-401
4/13/99
RE~. DWG.
.' PARCEL ~T ~VISED
A PARCEL O~ ~NO LOCATED IN THE NORTH~ST QUARTER O~ SECTION 1~, TO~SN:~ 4~.
SOUTH, ~NGE 25 ~ST, COLL;ER COUNt, FLORIDA, BEING MORE PARTICU~RIy
D~SCRI~ED AS FOLLOWS:
COMMENCE AT THE NORT~ST CORNER OF TH~ NORTH~ST QUARTER OF 8~CTIOh~ 1
TO--SHIP 48 SOUTH, ~NG~ 2S ~ST, COLLIER COUNt, FLORIDA; THENCE RUN S.O~
ALONG THE ~ST LINE OF THE NORTH~ST QUARTER Of SAID SECTION 1~, FOR A ~'c
OF ~55.73 FEET TO THE NORT~ST CORNER OF THE SOUT~TEST QUARTER O~
NORT~2~EST QUARTER OF THE NORT~ST QUARTER Of THE NORTHEAST O'J~mtE~
SAID SECTION 1 ~, AND THE ~l~t Of BEGINNI~O OF THE PARCEL OF ~NO
DESCRIBED; THENCE RUN N.88'SS'26'E., ALONG THE NORTH LINE OF THE SOU,
QUARTER OF THE NORT~/./EST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 27.98 FEET; THENCE
S.0~'07'49~. FOR A DISTANCE OF ~8.26 FEET TO THE SOPHIST CORNER OF
SOUT~EST QUARTER OF THE NORTH~ST QUARTER OF THE NORT~ST CUA~TE=
TH~ NORTHEAST QUARTER OF SAID SECTION 13; THENC~ RUN N,00'~6'50'~'~., ALO~,G
WEST L'r~E OF THE NORTHEAST QUARTER OF SAID SECTIO~ 1S, FOR A DISTAl;CE C';
FEET TO THE ~O~NT OF BE~r;'r/G; CONTAINING 0, I0~ ACRE, MORE OR LESS.
THIS PROPER~ IS SUBJECT TO ~SEME~8, RESERVATIONS OR R~STRICTIONS OF
BEARINGS ~EFER TO THE ~$T LINE OF TH~ NORTHEAST QUARTER OF SECTION 1 ~.
TO~SHIP ~8 SOUTH, ~NGE 25 EAST, COLLIER COUNt, FLORIDA, AS ~EI,NG N 0C'~5 ~',',
HOLE, MONTES & ASSOCIATES,
CERTIFICATE OF AUTHORJZATION LB #1772
THO~,S J, GARRIS
P.L.S. # 3741 .-. .;:.... ,,
STATE OF FLORIDA ,. ':
,~.rt.'. "' ~ ~'- ·
105~'ASEIRNATIWY ST,~[_rT ~C~NITA <:~IN0$. FLGR~O,~ 34135 ~11.992-07~$ FAX g41.9'g2*2327
~iiBir ',K' ,'
Page 2 of 2 ~
Memorandum
TO:
FROM:
DATE:
RE:
Ellie Hoffman
Records Technician III
Minutes & Records Management
TOni A. Mort
,,~x,~X'~cnior Specialist ,
Real Property Management Department
Oclohcr 7. 1999
l.ivingston Road (NN MSTU}
('ollicr County Project No. 65041
Ellie, attached please find one (I) original recorded Warranty Deed for the above referenced
project.
The Board of County Commissioners of Collier County, Florida, approved thc acquisition by
gift, purchase or condemnation in Resolution No. 99-250, Item 8(B)(2), dated May 25, 1999.
Please contact mc 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
InvcntoD' File xv/auachmcnt
2538598 OR: 2597 PG: 1692
lO/O]/lg~J~ at 03:191~1( D'/I~llI' ~. BIO(:[,
CONS 3000.00
IIC FII 19.50 '
~OPIlS 4.00
PROJECT: Livingston Road/NN MSTU
PARCEL: 13-35T Revised
FOLIO: 00150080006
WARRANTY DEED
THIS WARRANTY DEED made this y r ,~ , 1999,
by MARC CATALANO, a single man, 11935 SW 15th Court, 'Davie, FIorid'~--33325,
(hereinafter singularly or collectively 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 ($10.00) and other valuable consideration, receipt whereof is hereby
acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and
confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit:
See Attached Exhibit "A" which is incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS VACANT AND UNIMPROVED PROPERTY AND IS, THEREFORE, NOT
HOMESTEAD PROPERTY.
TOGETHER with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully
seized of said land in fee simple; that the Grantor has good right and lawful authority to
sell and convey said iand; that the Grantor hereby fully warrants the title to said land
and will defend the same against the lawful claims of all persons whomsoever; and that
said land is free of all encumbrances except as noted above.
THIS CONVEYANCE ACCEPTED BY THEJ
80AFD OF COUNTY COMMISSIONERS, ,
C,-~,..-, ,.o,!tl.-,,.' FLOP!hA,
~c , ,, :y I~E PROVIbiOHS
OF RESOLUT[O:I IlO. ~
This property has been acquired un(~'
threat of condemnation and is exempt from
OR: 2597 PG: 1693
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents
the day and year first above written.
WITNESSES:
Name: L~-o$~X~ '~. ?~-,~_~,.~ .... (Print Name)
Witness (Signature)
Name: ,
(Print Name)
Marc Catalan0
STATE OF FLORIDA
COUNTY OF _J.'~ b'.'l'~
{ ~ The foregoing Warranty Deed was acknowledged before me this ~ day of
.t.~, ~ ~ ~ r- , 1999, by Marc Catalano, who is personally known to me or
who has produced ~_ L J '~.,, '~._k (type of identification) as identification.
(Notarial Seal) ~,_, .-~l. ~. ,'..~ , ~z.~.,.-
(Signature ~ Notary ~'u'uubl-~c)
(Pdnt Name of Notary Public)
NOTARY PUBLIC
Commission #:
My Commission Expires:
EXHIBIT',A,,
HOLE, MONTES & ASSOCIATES, INC.
~'. ~' PARCEL 3GT REVISED
A PARCEL OF ~ND LOCATEO IN THE NORTH~ST QUARTER OF SECTION 13,
SOUTH, ~NGE 25 ~ST, COLLieR COUNt, FLORIDA, BEING MORE PARTIC~RLy
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORT~ST CORNER OF THE NORTH~ST QUARTER OF
TO~VNSHIP 4~ SO~TH ~NGE 25 ~ST. . FLORIDA; THENCE
ALONG THE ~,,'EST ~'~: ....... COLLIER COUNt.
~',~: ~ ~HE NORTH~ST QUARTER O~ SAID SECTION 13.
O~ 336.73 FEET TO THE NORTHV/EST CORHER OF THE SOUTHWEST QUA~TE~ C
NORTHV,,EST QUARTER OF THE NORTh~v~ST QUARTER OF THE NORTHEAST ~.,:
' ~ oo ~ Z~'E. ALONG THE NORTH LINE OF THE SOUTHV,'EST
CUARTER C~ THE NORT~JEST GUARTER OF THE NORTHWEST QUARTER OF
NORTHEAST QUARTER OF SA n ~
S,04'07'49'W, FOR A OiSTAN~]~3'SI~Z22Z[~ ~ DISTANCE OF 27.98 FEET' T~'
~m=, MORE OR LESS.
THIS PROPER~ IS SUBJECT TO EASEME~8, RESERVATIONS OR RESTRICTIONS
BEARINGS REFER TO THE V~ST LINE OF THE NORTHEAST QUARTER O~ SECT~'O~,
TOWNSHIP 48 SOUTH, ~NGE 25 EAST, COLLIER COUNt, FLORIDA, AS BEING N
HOLE, MONTES & ASSOCIATES, INC.
CERTIFICATE OF A~HORI~TION LB 11172 ,,,~,
B
P.L.S. ~ 3741 .~ .', · ' ',
~8 J, GARR/S -STATE OF FLORI~ "' ,. .:
Preset'ring and enhancing Flon~a,s Qu&~/, c' 'e $ ~co ' 966
HMA PROJECT #1985031-A.401
4/13/99
REF. DWG.
FAX 041.~2.23~,?
P~cje 2 off 2
*** OR: 2597 PG: 1695 ***,
¥
'3