Parcel 127TO:
FROM:
DATE:
RE:
Memorandum
Ellie Hoffman
Records Technician III //
Minutes & Record ~Manag6ment
J. Keith Gomez
Acquisition SuperiOr
Transportation R,~ght Of Way Office
April 16, 2002
Goodlette-Frank Road 60134, M.L.S. of Naples, Inc.
Parcel # 127
With regard to the above-referenced project, please find attached one (1) original Purchase Agreement, one (1)
original recorded Warranty Deed.
The Board of County Commissioners of Collier County, Florida approved the acquisition by gift or purchase in
Resolution 2001-114 Item 16(b)(2), dated April 10, 2001.
The Board of County Commissioners of Collier County, Florida approved the acquisition by condemnation in
Resolution 2002-97, Item 10A, dated February 12, 2002.
If you have any questions or comments, you may contact me at 213-5843.
Thank you.
attachments as stated
CC:
Property Appraiser's Office w/copy of Deed
Tax Collector's Office w/copy of Deed
Inventory File w/attachments
Project Contractor's File w/attachments
Office of the Real Property Management Department
Project: Goodlette-Frank Road/60134
Parcel No: MLS/127
Folio No: 00239960005
PURCHASE AGREEMENT
THIS PURCHASE AGREE[vlENT (her. einafter referred to as the "Agreement") is
made and entered into this _.~__ day of /J"j(~f~ ,20_0_~by and between
M.L.S. OF NAPLES, INC., a Florida corporation (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 referred to as the "Property"), which is attached hereto and made a part of
this Agreement;
WHEREAS, Owner has agreed to convey the Property to Purchaser in
accordance with the terms and conditions set forth herein;
WHEREAS, Purchaser has agreed to compensate Owner for the improvements
located on the Property;
WHEREAS, Owner will be required to apply for a setback variance from the
County's Land Development Code, relative to a signage structure and flagpole owned
by Owner and located adjacent to the Property; and
WHEREAS, Purchaser has agreed to compensate Owner for reasonable
attorney's fees and application costs and expenses associated with the request for the
signage structure and flagpole setback variance, as stated herein, in an amount not to
exceed 10,000.00;
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 fee-simple rights in the Property to Purchaser pursuant to
the terms of this Agreement.
Owner shall be compensated for the improvements located on the Property for the
sum of $3,555.00, 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 Purchaser. 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 appraisal fees, attorney fees and costs provided
by Chapters 73 and 74, Florida Statutes.
Owner will be required to apply for a setback variance from the County's Land
Development Code, relative to a signage structure and flagpole owned by Owner
and located adjacent to the Property. Owner shall apply for a setback variance, as
stated herein, within ninety (90) days of the recording of the conveyance of the
Property to the Purchaser. (Owner shall provide written notice and a copy of the
setback variance application to the Real Property Management Department.)
a) Purchaser shall reimburse Owner for reasonable attorney's fees and
application costs associated with the request for the signage structure and
Purchase Agreement
Page 2
flagpole setback variance, in an amount not to exceed $5,000.00. In the
event Collier County requires the Owner to incur fees or expenses in
conjunction with the variance application other than attorney's fees and
application fees, including but not limited to surveying or engineering costs,
Purchaser shall reimburse Owner in the amount of any such other fees or
expenses in an amount not to exceed $5,000.00.
b)
In accordance with the said application for the signage and flagpole setback
variance, Owner shall request in writing reimbursement from Purchaser of
any and all reasonable attorney's fees, application costs and reimbursable
fees or expenses stated herein, within one (1) year following the recording of
the conveyance of the Property to the Purchaser. Owner shall provide
accompanying documentation with request for reimbursement to
substantiate any and all charges and costs. In the event that Owner shall
apply for and diligently pursue the said variance application but the
processing thereof extends beyond the aforesaid one (1) year period, Owner
shall not thereby forfeit any of the foregoing rights to receive reimbursement,
and the time allowed for submission of reimbursement shall be extended
until completion of the variance proceeding.
c)
In the event that the setback variance sought by Owner pursuant to
Paragraph 3 is denied for any reason, Purchaser and Owner shall negotiate
the amount of damages due to the loss and/or relocation of the signage
structure and flagpole in an amount not to exceed $100,000.00.
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 herein; 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
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.
To the best of the Owner's knowledge and without investigation, no hazardous
substances have been generated, stored, treated or transferred on the Property
except as specifically disclosed to the Purchaser; that the Owner has no actual
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 Purchaser, that the Owner has
not received notice and otherwise has no knowledge of a) any spill on the
Purchase Agreement
Page 3
10.
11.
12.
13.
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 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 8. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
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 Property. The cost of a title
commitment shall be paid by Purchaser.
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.)
This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Purchase Agreement Page 4
IN WlTNESS~/,~~, the parties hereto have executed this Agreement on
this ~ day of ,20o.a~.
Date Property acquisition approved by BCC:
AS TO PURCHASER:
DATED: ~tf~,d.~-a~/~f ~
,-':,::~;'" .'] ~i~ROCK, Clerk
~... ~,:,~ , ,~ .C7:~- ,
..-',~ I: ~,t~.~',',-:~.~ Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAI~S N. COL~'FrA, Chairman
AS TO OWNER:
Witness,.(Sig~'~tu.re) _
Name: (,.~PI( ~',
._~/.~,.,~,t,Print or Type)
Witness (Signature)
Name: ";Z::~ T'~/~'/,4
(Print or Type)
M.L.S., OF NAPLES, INC., a Florida
corporation
BY:
Presid~(-ht/~
Print or Type Name and Title
1455 Pine Ridge Road
Naples, Florida 34109
Approved as to form and
legal sufficiency:
Assistant County Attorney
PROJECT NO. : 60134.
PROJECT PARCEL NO. : 127
TAX PARCEL NO. :--Q.c:~"--'-':J'~(,=,~oo~'"
PINE RIDGE COMMONS P.U.D.
N00'46'24"W
OF tL~LFJ, ~
PINE RIDGE ROAD
OINT OF COMMENCEMEI~
Np 9',]2'12'£
GRAPHIC SCALE
200' 0' tOO' 200'
( IN FEET
1 inch = 200
NO TES:
I. THIS IS NOT A SURVEY.
2. BEARINGS SHOWN HEREON ARE BASED ON
THE SOUTH UNE OF SECTION 10 WHICH
HAS A BEARING OF N. 8g'32'12" E.
5. SUBJECT TO EASEMENTS, RESERVATIONS
·AND RESTRICTIONS OF RECORD.
4. NOT VALID " WITHOUT SHEET 2 OF 2.
,err
Prol'e..lon(~FLo, l'd Su~;;y~;;i ::'. ,' '
Florldo Cmtlfl.cote No. 556,5
seal of a Fiorido'Llcens~d '~urv~yor and Mapper.
LEGEND:
O.R.
P.K.
P.C.P.
INDICATES OFFICIAL RECORDS
INDICATES PARKER-KALON
INDICATES PERMANENT CONTROL POINT
SKETCH
SEOTION 10,
AND DESCRIPTION
TOWNSHIP 49 SOUTH, RANGE 2,5 EAST
COLLIER COUNTY, FLORIDA
JOH
ENOINEER8 SURVEYOR8 AND ECOLOelri'8
f~ROJECT NO. :_. 60154
PROJECT PARCEL NO. : 1~7
TAX PARCEL NO. :~_.,~L~?~
DESCRIPTION: PARCEL 127
A PARCEL OF LAND LOCATED IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF
SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA AND RUN NORTH 89'52'12" EAST ALONG THE SOUTH LINE OF' SAID
SECTION 10, A DISTANCE OF 968.62 FEET; 'THENCE RUN .~IORTH 00'27'48"
WEST, A DISTANCE OF 54.58 FEET TO THE pOINT OF BEL;'iNNINO ON THE
NORTHERLY RIGHT-OF-WAY LINE OF PINE RIDGE ROAD (COUNTY ROAD NO.
896); FROM SAID POINT OF BEGINNING RUN NORTH 00'46'24" WEST ALONG
THE WEST LINE OF THAT PARCEL OF LAND AS RECORDED IN OFFICIAL
RECORDS BOOK 1657, PAGE 1522 OF THE PUBLIC RECORDS OF COLLIER
6~OUNTY, FLORIDA, A DISTANCE OF 17.47 FEET; THENCE RUN SOUTH
87'0i'53" EAST, A DISTANCE OF 119.15 FEET; THENCE RUN SOUTH 87'57'15"
EAST, A DISTANCE OF 126.26 FEET TO AN INTERSECTION WITH THE EAST
LINE OF THE PARCEL OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK
1657, PAGE 1522; THENCE RUN SOUTH 00"46'24" EAST ALONG SAID EAST
LINE, A DISTANCE OF 8.69 FEET TO THE SAID NORTHERLY RIGHT-OF-WAY
LINE OF PINE RIDGE ROAD; THENCE RUN NORTH 89'55'10" WEST ALONG
SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 245.06 FEET TO THE,
SAID POINT OF BEGINNING.
CONTAINING 0.071 ACRES OF LAND, MORE OR LESS.
3-01
SKETCH AND DESCRIPTION
SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
JO
ENGINEER9, SURVEYORg AND ECOLOGIB*T$
25515 10-49-25
20F2
PROJECT: Goodlette-Frank Road/60134
PARCEL: M.L.S./127
FOLIO: 00239960005
2957142 OR: 3008 PG: 2940
RI]CORDED in O~HCIAL RECORDS o~ COLLIER COUNTY, FL
03/29/2002 at 01:59PM DWIGHT E. BROCK, CLERK
CONS 3§5§,00
NBC FBB 19.50
COPIBS 4.00
Retn:
?RRNSPOR?R?~ON/RIGH? OF
WARRANTY DEED
THIS WARRANTY DEED is made this / ~ day of ~ ~:~-c. J3
2002, by M.L.S. OF NAPLES, INC., a Florida corporation, whose post office address is
1455 Pine Ridge Road, Naples, Florida 34109 (hereinafter referred to as "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 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 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 NOT HOMESTEAD PROPERTY OF THE GRANTOR.
TOGETHER with all the tenements, hereditaments anu app~-l-o'~ances 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 law[ufly
seized of said land in fee simple; that the Grantor has good right and lawful
sell and convey said land; that the Grantor hereby fully warrants the title to said lan~
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 and year first above written.
WITNESS:
Witness (Signature)
.~-P~' t or !ype
Witness (Signature)
(Print or Type)
threat of conde~r~m,~n and ia ®xempt
from documentary stamp tax.
M.L.S..O.F~APLES INC., a F~rida
~ed~. DiNicola, as its President
(Print Name'and Title)
1455 Pine Ridge Road
Naples, Florida 34109
OF REaOLUT~N
OR: 3008 PG: 2941
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Warranty Deed was acknowledged before me this __ day of
Fam,r=,~oJr~A, 2002, by Alfred 3. DiNicola (Name), as President _(Title),
On behalf of M.L.S. OF NAPLES INC., a Florida corporation~-wh~)-is pers_onally known-">
to me or has produced /V'OA/~' as identification.
WITNESS my hand and official seal this _
(affix notarial seal)
, ~.~ Corte E Chase
My
/ day of ~~"Y~-Yc-'~., 2002
of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #: (If an_y) Z)~ O~ q 0'7 ~..
My Commission Expires:~qJ~O..'5_
lkpprovedjas tq formr& legal sufftcienc)
PROJECT NO. : 60134
PROJECT PARCEL NO. : 127
TAX PARCEL NO. : ~...~{~ o
PINE R/O~E COM~ON,~ P,U.D.
PINE RIDGE ROAD
(COUNTY ROAD NO. ag0)
N89'32'12'E
POINT OF COMMENCEMENT
'~E .~,,rIH~T GUARll~R OF
GRAPHIC SCALE
200' O' 100' 2DO'
( IN FEET )
1. inch = 200 ft.
,)
NOTES:
1. THIS IS NOT A SURVEY.
2. BEARINGS SHOWN HEREON ARE BASED ON
THE SOUTH UNE OF SECTION 10 WHICH
HAS A BEARING OF N. Bg'32'12" E.
3. SUBJECT TO EASEkJENTS. RESERVATIONS
AND RESTRIC~ONS OF RECORD.
4. NOT VN,.ID WI~tOUT SHEET 2 OF 2.
LEGEND:
P.K.
P.C.P.
INDICATES OFFICIAL RECORDS
INDICATES PARKER-KALON
INDICATES PERMANENT CONTROL POINT
?of~,~ton~Lon'd Survo~;~'" ,' '
Florldn Certificate No. 5565
ae~ of a Fiorldn Ucanaad ~rva~r and Mapper.
SKETCH AND DESCRIPTION
SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
JOHN
ENIINEENI, IURVEYORi AND EGQLOGIIll
3,-01 25313 10-4g-25 1" m 200' 1 OF 2
PROJECT NO. : 60154
PROJECT PARCEL NO. : 127
TAX
*** OR: 3008 PG: 2943 ***
DESCRIPTION: PARCEL 127
a PARCEL OF LAND LOCATED IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF
SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA AND RUN NORTH 89'32'12" EAST ALONG THE SOUTH LINE OF SAID
SECTION 10, A DISTANCE OF 968.62 FEET; THENCE RUN NORTH 00'27'48"
WEST, A DISTANCE OF 54.58 FEET TO THE POINT OF BEGINNING ON THE
NORTHERLY RIGHT-OF-WAY LINE OF PINE RIDGE ROAD (COUNTY ROAD NO.
896); FROM SAID POINT OF BEGINNING RUN NORTH 00'46'24" WEST. ALONG
THE WEST LINE OF THAT PARCEL OF LAND AS RECORDED IN OFFICIAL
RECORDS BOOK 1657, PAGE 1522 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, A DISTANCE OF 17.47 FEET; THENCE RUN SOUTH
87'01'55" EAST, A DISTANCE OF 119.15 FEET; THENCE RUN SOUTH 87'57'15"
EAST, A DISTANCE OF 126.26 FEET TO AN INTERSECTION WITH THE EAST
LINE OF THE PARCEL OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK
1657, PAGE 1522; THENCE RUN SOUTH 00'46'24" EAST ALONG SAID EAST
LINE, A DISTANCE OF 8.69 FEET TO THE SAID NORTHERLY RIGHT-OF-WAY
LINE OF PINE RIDGE ROAD; THENCE RUN NORTH 89'33'10" WEST ALONG
SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 245.06 FEET TO THE,
SAID POINT OF BEGINNING.
CONTAINING 0.071 ACRES OF LAND, MORE OR LESS.
SKETCH AND DESCRIPTION
SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
JOHNSON
F.R~INEEII~, ~UIIVEYORB A#D F.C;OI.OlilITI
,3-01 25,31:~ 10-49-25 2 OF 2