Parcel 161TO:
FROM:
DATE:
RE:
Memorandum
Sue Filson
Executive Manager
Board of County Commissioners
Cathy Lee, Acquisition Specialist
Transportation Division - Right-of-Way Office
August22,2002
Immokalee Road Phase 2 Project, 60018
Parcel No. 161
Attached you will find one (1) Purchase Agreement for execution by Chairman James N.
Coletta concerning the above-mentioned transaction. Please be advised that Ellen T.
Chadwell, Assistant County Attorney, has reviewed and approved the attached
document.
Resolution No. 2001-450, adopted by the Board of County Commissioners on
November 27, 2001, (agenda item no. 16[B]5), authorized the acquisition of easements
and / or fee simple parcels required for the construction of the four lane improvements
to Immokalee Road; and further authorized its Chairman, and any subsequent
Chairman, for the life of the project (Paragraph Nos. 6 and 9), to execute various
instruments, including Easement Agreements and Purchase Agreements, on behalf of
the Board. Most recently, June 25, 2002, the Board adopted Resolution No. 2002-312
(agenda item no. 10M) authorizing the acquisition of right-of-way by condemnation, if
necessary. Please ask Chairman Coletta to execute the attached Purchase Agreement
on behalf of the Board of County Commissioners, and then forward to the Clerk of
Minutes and Records for attestation.
Thank you.
Attachment
Office of the Real Property Management Department
Project:
Parcel No.:
Folio No.:
Immokalee Rd./60018
161
3759312O0O4
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (her. e4nafter referred to, as the "Agreement") is
made and entered into this ~.z~~-=' day of (..,~u. zz.,~- 2002, by and between
GERALD VlTALE, as to an undivided (20%)~interest; ANN CERULLO, as to an
undivided (20%) interest; WARREN VlTALE, as to an undivided (20%) interest,
JULIUS VlTALE, as to an undivided (20%) interest; and GUS DEMUZlO, as to an
undivided (20%) interest, as tenants in common (hereinafter collectively referred to as
"Owner"), whose post office address is cio Gerald Vitale, 4002 189th St., Flushing NY
11358, 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; and
WHEREAS, Owner desires to convey the Property to Purchaser 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:
Owner shall convey the Property to Purchaser for the sum of $15,070.00 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, including all attorneys'
fees, expert witness fees and costs as provided for in Chapter 73, Florida
Statutes.
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, propedy executed, to Purchaser on or before the date of
Closing.
Both Owner and Purchaser agree that time is of the essence in regard to the
closing, and that therefore Closing shall occur within sixty (60) days from the date
of execution of this Agreement by the Purchaser; 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
Purchase Agreement Page 2
o
10.
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.
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 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 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 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 6. 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.)
Purchase Agreement
Page 3
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
I.N_~ITNESS..WHEREOF, the parties hereto have executed this Agreement on
this~ -- day of ~.~ ~.,z~- ,2002.
Property acquisition approved by BCC pursuant to Resolution No, 2001-450, November
27th, 2001.
AS TO PURCHASER:
DATED:
AT~,E~e~ ~',,,,
......... :::.7
AS TO OWNER:
VV2[~i _'.~. :,l~nature)
Name: ~ :'~'tt£/Mtt
T 'i e)
Withe ,,s,f' (Sig'n~tu re )
(Print or Typ~)
(Print or Type)
Witness (Signature)
Name:
(Print or Type)
\' BOARD OF COUNTY COMMISSIONERS
~...CK? 'Clerk COLLIER COUI~Y, FLO~IDA~ .
.~t~:Clerk ' JAMES N. COLETTA, Chairman
GEI~LD VITALE
ANN CERULLO
Pu rcha'~'! Agreement /
,' /W~r~es~.(Si~!u r _
L.../ Type)
Witne~ure)
U me:
(Print or Type)
~VAI~i~E~N VlTA-LE
Witness (Signature) f~.~_.~.~.~,~.~,o/.~Li, 'm~_~//~ULIUS VITALE
Name: _?.~,!'~ "~ f~ ct~~~~
~ilfiess (Sig na, tzlfe)
(Print )
Page 4
Witness (Signa~re) --
Na me~,~. ~
(Pr~t-o~ Typ~
Wit ss (Sign ture
~rint or ~e) ~'~' ~' (~¢~or~e')
Approved a8 to form and
legal euffioienay:
Ellen T. Chadwell
Assistant County A~orney
MEMORANDUM
DATE: 10-1-2002
TO:
FROM:
Ellie Hoffman
Senior Clerk
Clerk of Courts Minutes & Records
Lee, Acquisition Specialist
Cathy
Transportation Right of Way
Immokalee Road Warranty Deed
Vitale, et al., Parcel 161
With regard to the above-referenced project, please find attached one (1)
original recorded Warranty Deed. You have previously received the
Purchase Agreement.
The Board of County Commissioners of Collier County, Florida approved
the acquisition by Gift & Purchase in Resolution No. 2001-450, Item No.
16(B)5), dated 11-27-2001.
The Board of County Commissioners of Collier County, Florida approved
the acquisition by Condemnation Resolution No. 2002-125, Item No. 10E,
dated 2-26-2002.
If you have any questions or comments, you may contact me at 213-5848.
Thank you.
Attachments as stated
CCi
Inventory File w/attachments
Project Contractor's File w/attachments
PROJECT: Immokalee Rd./60018
PARCEL: 161
FOLIO: 37593120004
Prepared b~:
Ellen T. Cha~ell, Esfltl~re
Off,ce of the Count~ Att, om~
3301 East T~miamt Trail
Naples, Florida 34112
(941) 774-8400
3047584 OR: 3112 PG: 2219
R~CORDID in OF)ICIAL ILBCOI~D~ of ¢OLLIBI~ COUMT¥,
09/18/2002 at 10:56~ 0i~IGH'I' B, BROCK, CLBRK
CON8 15070.00
RBC FgB 24.00
IND)XING 2,00
¢OPIIB 5.00
Retn:
?RRNSPOR?A?ION/RIGH? OF WRY
IN~ROFFICI- 80U?H HORS[$HO)
AT?N:CAYBY L)!
WARRANTY DEED
THIS WARRANTY DEED is made th~s
20 , by GERALD VlTALE, as to an undivided (20%) interest; AN~ CERULLO, as
to an undivided (20%) interest; WARREN VlTALE, as to an undivided (20%)
interest, JULIUS VlTALE, as to an undivided (20%) interest; and GUS DEMUZlO,
as to an undivided (20%) interest, as tenants in common (hereinafter collectively
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.)
WlTNESSETH: 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 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 and year first above written.
Th~ property has been acquired under
threat of co~~n and is exempt
from documentary stamp tax.
THIS CONVEY~CE ACCEPTED BY THE
BOARD OF COUNTY COMMIS, SIONER~,
COLLIER COUNTY, FLORIDA,
PURSUANT TO THE PROVISIONS
OF RESOLUTION NO.~
OR: 3112 PG: 2220
~/'(t n~e s 'Signature)
uam~/(~dnt or-Type)
Witness (SignatUre)
Name (Print or Type)
STATE OF
COUNTY OF (._-~)tZ e
GEF~ALD VITALE
i/~, ,'Fc~.,e, ~fg?going Warranty Deed was acknowledged before me this /(:~ day of
zz~xV~-r~ , , 2002 by Gerald Vitale, who is pe, rsonally known to me or has
~Produ~ed,~l~zU 7'~.~/~ i)~,~n~-~/~,~/~ proof of identity. / /
~ , , :, ~ ~ -,
:'(affix%~tada. I seal),, /~, -
, ;,'~' t. .,, .~ ', .... , :; ~ · ' ,
' ..' ./ ...'-~ I~ any:
" '.~ ' My Commission ex ires' ~i~:f'~"' ~~,~
N~me ~Print or Type) ~
.ANN CERULLO
WitneSs- (Signature)
'
Name (Print or Type)
STATE OF
COUNTY OF
. The fl~'regoing Warranty Deed was acknowledged before me this //.,~;;'/d~y of
~~'~J~'~'~J' '~/',7~'~/~;~ ~re~(~°~ ~dhe~ i; ~wn to me or has
P s f t~ .
.:', ::. ~awix'rt~?ai seal)
~.- ,.....- ~ ,,.. ,,, :, , Notary Public
~" ;~,;i~ b :~ %.' .
'* · · :; ' ~'~otary' ~ubl~ ~,t~e,.e rff New York
;~ ~; % ;*: ~mis~ ~xpde~ April 23 2003
), %,~ '~ , .,.,. .
Printed name
Serial/Commission
If any:
My Commission expires:
Name (Print or Type)
W~t n e S-s (b~atur~)
Name (Print or Type)
STATE OF
COUNTY OF
OR: 3112 PG: 2221
W/~RREN VITALE
,~.¢.~3The foregoing Warranty Deed was acknowledged before me this I;;~i day of
_i¢. , , 2002 by Warren Vitale, who is personally known t~--'~_,°r has
produ~d ~'3 ~11~u\ ~ as proof of identity. .,
" Notaw Public - /
,'¢' ~ '::;~ Printed name
' ' Z'; ':: VI~ORIANA FRIEDEL
' .:~-o '¢ Serial/Commission ~ Nota~ Public, State of NewYor
;V;F.';:~ If any: No. 4826803
Qualified iq ~U'ifolk CounW .
,,t, ./,;. ' My Commission expires: ~ .5 t ~ ~¢~ Commission Expires Jan. 31,20'(
Wkness (SignOre) - '
Name (Print or Type)
W,'
STATE OF
COUNTY OF
LIUS VlTALE
The foregoing Warranty Deed was acknowledged before me this .¢r2'~- day of
, 2002 by Julius Vitale, who is personally known to me or has
produced
(affix notarial seal)
Notary ~Public
Printed name J ....
Serial/Commission #
If any: /o
My Commission expires: g~/! G
OR: 3112 PG: 2222
Witness (Signature)
,~ame (P~rint or Ty~iO
w(tn~.. ~ignatu re0.,x
Name (Print or Type)
STATE OF .,,¢'/~4z.J
COUNTY OF
,, The foregoing Warranty Deed was acknowledged before me this '"'~/~//ay of
,,4/gz~/~,3'-/-'. , 2002 by Gus DeMuzio, who is personally kno~zn t~ ~ 'or 'has
prodded .~,~g~'z/ '
as proof of identity.
."ii:' ,.~
(affix ,ri,o. tai~l ;seal)
,,,Ii! ~it~;:lllilt~ ~
Notary. Public
Printed name
Serial/Commission
If any:
My Commission expires: 4/ ~,~ ~
/
FEE SIMPLE INTEREST
PARCEL #161
*** OR:
EXHIBIT/ ,
Page_..i_ of /
3112 ?G: 2223
2--
O3
0
IMMOKALEE ROAD S.R. 846
86'50'45" E 330.61'
53
ANN C£RUkLO
O.R. 472, ~G.
O3
0
0
Notes:
1. This is not a survey.
2. Basis of beoring is
plat.
3. Subject to easements,
reservations and
restrictions of record.
4. All dimensions are plat
unless otherwise noted.
Description:
The Northerly 79.43 feet of Tract 53, Golden OQte
Estates, Unit 20, as Recorded in Plat Book 7, Page
80, of the Public Records of Collier County, Florida.
Containing 0.603 acres, more or less.
0
N
50 400 ~5o
DAVID
FLA. LIC. 1~0. 583
NOT VALID WITHCj
THE ORIGINAL R~
LICENSED SURVEYOR AND MAPPER
SCALE
AS NOTED
~r-(FOR THE FIRM)
;ED:SEAL .OF A FLORIDA
SKETCH AND DESCRIPTION
WILKISON
ASSOCIATES
INC. m
ENGINEERS, SURVEYORS AND PLANNERS
,3506 EXCHANGE AVE. NAPLES, FLA. 34-104-
(941) 643-2404 FAX NO. (941) 643-5173
FLORIDA BUSINESS LICENSE NO. LB5770
SEC/SUB
DRAWN BY
EAW
GGE 20
W.O. NO.
0014.1
FB PG
FILE NAME
O0-018-O0.DWG
DATE SHEET CHECKED BY DWG. NO.
1 OF 1
lo/o~
DJH
IR-L-161