Parcel 106AMemorandum
To:
From:
Date:
Subject:
Ms. Sue Filson, Administrative Assistant
Kevin Hendricks, Right-of-Way Design and Valuation Coordinator
Real Property Management Department
June 11, 2002
Livingston Road Purchase Agreement- Parcel 106 A
Transmitted for execution by the Chairman of the Board of Commissioners is a
Purchase Agreement for the acquisition of Right-of-Way for the Livingston Road Phase
Three project (from Pine Ridge Road to Immokalee Road).
Resolution No. 99-426, adopted by the Board on November 23, 1999 (agenda item no.
16[B]20), authorizes the acquisition of road right-of-way, sidewalk, utility, drainage,
maintenance and temporary construction easements and/or fee simple title for the
Livingston Road six-laning project, and states in part, "In those instances where
negotiated settlements may be obtained via the "Purchase Agreement" or "Easement
Agreement" mechanism, the Director of the Public Works Engineering Department, or
his designee, is charged with the responsibility for completion of various capital
improvement projects, and is hereby delegated the authority to approve the purchase of
land interests above the staff compensation estimate or appraised value and pay
normally related costs when it is in the best interest of the Project, within the pro-rata
share of the land rights acquisition budget for the parcel being acquired, only when the
difference between the purchase price and compensation estimate or appraised value is
less than Twenty Five Thousand and 00/100 Dollars ($25,000.00) or the current
purchasing limits established by the Collier County Purchasing Department; provided,
Project funding is available."
The settlement reached with the property owner is within the limits as set forth in the
above-referenced resolution, and has been approved by the Project Manager for the
Livingston Road expansion project.
Please ask the Chairman to execute the attached Purchase Agreement and then
forward to the Clerk for attestation. Upon notification by Minutes and Records, we will
pick up the document..
Please do not hesitate to call if you have any questions. Thank you.
Real Property Management Department Phone: 774-8991 Fax: 774-8876
PROJECT: Livingston Road/60071
PARCEL: ~
FOLIO: 38100880008
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered by and between LB/P GROVEWAY, LLC, a Delaware limited liability
company (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 a fee simple interest in the Property to Purchaser by
Warranty Deed for the sum of Fifteen Thousand Dollars, ($15,000.00). 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 (said
transaction hereinafter referred to as the "Closing").
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 thirty (30) days of the
execution of this Agreement by Purchaser. At closing, Purchaser shall deliver the
County Warrant to Owner and Owner shall deliver a Warranty Deed to Purchaser in a
form acceptable to Purchaser. Owner shall remove, within thirty (30) 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 unmarketable, use diligent effort to correct defect(s) in the title
within thirty (30) days of notice of objection by Purchaser. Any and all documents to
Purchase Agreement
Page 2 of 2
clear title to the Property shall be provided to Purchaser on or before the date of
closing.
6. Owner represents, based on actual knowledge and without investigation, 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 seller 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 6. 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 any subordinations, consents or
releases of any mortgage(s), liens or encumbrances recorded against the Property.
The cost of a title commitment shall be paid by Purchaser.
11. 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
Purchase Agreement
Sent by:
Goodlette~Coieman~&Johnson~PA 941 435 1218;
05/12/2002 10:43; 8600; Page 4/6
Page 3 of 3
be binding upon the parties hereto. This Agreement shall
any rights or entitlements in, or as benefiting, any third patti
Dated Project/Acquisition Approved by
BCC: February 12, 2002; Resolution 02-98
AS TO PURCHASER:
DAT'ED!' ~~
/_.E~tNf~[~:~,I~K, Clerk
~ot be construed as creating
BOARD OF CC UNTY COMMISSIONERS
c
BY: ~'.,,4~-',~ /_ _ _
JAM~NJ COLE-TTA, Chairman
AS TO OWNER:
DATED: ~ ) ~o~ o'-
WITNESSES:
First W.l~e~s (Signature)
Name: il~.-d,.~,-,-~ '~ .~/~v
~ ,. (Pri~r ~)
Second Witness ~ (Si~nJtu[e)
Name: ~( ~-.',/,'L~?~d;;_/~.~
(Print or type)
Approved as to form end
LB/P GROVEV
limited liability
its Managing M
Address:
AY, LLC., a Delaware
ompany,
ember
dll#P~ I~i4!~, ~ece~Vea:
~ to o.,2 o? 16
5/10/2002
8:36; - >Goodlet t e, Co,Leman, &Johnson, PA; #648; Page 3
~41 7'74 0225 T-767 P,003/003
From-Collier County Attorney Office
DESCRIPTION PARCEL 106A;
F-581
/~:PARCEL OF LAND LOCATED IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE
25 EAST, COLLIER COUNTY. FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SECTION 1, TOWNSHIP 49
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND THENCE RUN
SOUTH 02'22'15" EAST ALONG THE EAST LINE OF SAID SECTION 1, A
BI!STANCE OF .:5171.32 FEET; THENCE RUN SOUTH 01"13'32" EAST, ALONG
SAID EAST LINE OF SECTION 1 AND THE PROPOSED EASTERLY RIGHT-OF-
WAy LINE OF LIVINGSTON ROAD, A DISTANCE OF 57..38 FEET; THENCE
RUN SOUTH 88'46'28" WEST, A DISTANCE 0~' 275.00 FEET TO AN
INTERSECTION WITH THE PROPOSED WESTERLY RIGHT-OF-WAY LINE OF SAID
LIVINGSTON ROAD AND THE EASTERLY LINE OF A 125 FOOT FLORIDA POWER
AND LIGHT COMPANY EASEMENT FOR THE POINT OF BEGINNING; FROM SAID
I=OINT OF BEGINNING RUN SOUTH 01'13'32" EAST ALONG SAiD PROPOSED
WESTERLY RIGHT-OF-WAY LINE OF LIVINGSTON ROAD AND SAID EASTERLY LINE
OF A t25 FOOT FLOR'IDA POWER AND LIGHT COMPANY EASEMENT, A DISTANCE
OF 41.:5.94 FEET TO AN INTERSECTION WITH THE NORTH LINE OF "TRACT 0", A
PARCEL OF LAND DEDICATED FOR COUNTY ROAD RIGHT--OF--WAY IN BRIDGEWATER
BAY, UNIT ONE, AS PER PLAT RECORDED IN PLAT BOOK 54, PAOES 87-93
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH
89'45'53" WEST ALONG SAID NORTH LINE OF "TRACT 0", A DISTANCE OF'
112.00 FEET; THENCE RUN NORTH. 01'13'32" WEST AND PARALLEL WITH SAID
PROPOSED WESTERLY RIGHT-OF--WAY LINE OF LIVINGSTON ROAD AND SAID
EASTERLY LINE OF A 125 FOOT FLORIDA POWER AND LIGHT COMPANY EASEMENT,
A DISTANCE OF 364.36 FEET; THENCE RUN NORTH 12'27'43" EAST, A DISTANCE
OF 50.71 FEET TO THE SAID POINT OF BEGINNING.
CONTAINING 4669.69 SQUARE FEET OR 0.107 ACRES OF LAND, MORE OR LESS,
, i
SKETCH AND DESCRIPTION
SECTION 1, TOWNSHIP 4-9 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
I JOHNSON ENGINEERING
ENglllEE,ql, IURVE'~QRI dl~lD ECQLOGI~
f2-01 318 01--49--25 NA
l~:i,~"flS;fO'O~ 07:18 From-Collier County Attorney Office 941 774 fl225
PROJECT: NO.: 52071
PROJECT~ PARCEL NO.: .... 106A ~q~T ~F ~MEN~T
TAX PARCEL NO.: Oo~SEi~=oel N~[AST C~NE~ ~
' ' OF SEC~ON 1--49-25
FOUND S/~' PiN
5/10/2002 8:38; _>Goodlette,Coleman,&flohnson,PA; #648;
Page 2
T-767 P.002/003
F-581
BRIDGEWATER BAY, UNIT ONE
TRACT '0" OF
' (P.a. 5.f., Y. $7-gJ)
i '
!PROPOSED O~AN~E
Et£OSSOM DRIVE
GRAPHIC ~C.AT.~,
200' O' 100' 200'
( D'~ FEET )
1 inc~ = 200 fL
:~IIT.v F ~_~ (:'F=r th~ FErm
Profqalmt~ Land. Surveyor
Fla'rlda CAr~lfl~a~ Nb
POINT OF g~i NNING~
N12'Z7'4G'£ ~
PARCEL I06A ~
UNIT ONE
pLAT BOOK
PAG~:$
VILLAGE WALK
PHASE TWO
PL~T BOOK 25
PAGES a-Il
VILLAGE WALK HOMEOWNEr,S
HOVANCSEK
(O.R. BOOK 793. PAGE 452)
SEC'lION
· - T49S-R~$E
NOTES:
1. THIS IS NOT A SURVEY.
2, BEARINGS SHOWN HEREON ARE BASED ON
THE EAST LINE OF SECTION 1 WHICH
HAS A BEARING OF $. 02'22'15'
3. SUBJECT TO EASEMENTS, RESERVATIONS
AND RESTRICTIONS OF RECORD.
4. NOT VALID WITHOUT SHEET 2 OF 2.
LEGEND:
P.O.B. INDICATES POINT OF BEGINNING
P.O.C. INDICATES POINT OF COMMENCEMENT
O.R. INDICATES OFFICIAL RECORDS
(ETCH AND DESCRIPTION
I, TOWNSHIP 49 SOUTH, RANCE 25 EAST
COLLIER COUNTY, FLORIDA
I JOHNSON ENGINEERING,,INC,
I "EII~INEERI, 8UIWEYORI AND ECOI,,~'i'~
I'''~ I~''~'"' I"""" i *"" I"~ '
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