Parcel 146MEMORANDUM
DATE: November 19, 2002
TO: Ms. Sue Filson, Administrative Assistant
FROM: ~( Margaret J. Kreynus, Acquisition Specialist
RE: Immokalee Road Purchase Agreement - Parcel No. 146
JOHN J. NEVINS, as Bishop of the Diocese of Venice, a
corporation sole
Attached is a copy of the Purchase Agreement in the amount of $53,500.00 ready for
execution by Chairman James N. Coletta. This represents a settlement in the amount of
the County's purchase offer.
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 to execute various Agreements on behalf of the
Board. Most recently, June 25, 2002, the Board adopted Resolution No. 2002-312
(agenda item no. 10 M) 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 forward to the Clerk of Minutes and
Records for attestation. Thank you.
PROJECT:
PARCEL NO.:
FOLIO NOS.:
Immokalee Road Phase 2 - 60018
146
00212320002, 00211960007 and 00212080009
PURCHASE AGREEMENT
THIS' PURCHASE AGREEMENT (hereinafter referred to-as the "Agreement") is
made and entered into this ~ day of ,,'~~ , 2002, by and between
JOHN J. NEVlNS, as Bishop of the Diocese of Venice, a corporation sole
(hereinafter referred to as "Owner"), whose address is P.O. Box 2006, Venice, FL
34284-2006 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 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:
Owner shall convey the Property to Purchaser for the sum of $53,500. 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, properly 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
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.
Purchase Agreement
Page 2
o
10.
11.
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 Preperty, 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.)
This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Purchase Agreement
Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this ~,~.~day of '-~~-~, ,2002.
Property acquisition approved by BCC pursuant to Resolution No. 2001-450,
November 27, 2001.
AS TO PURCHASER:
AS TO OWNER:
DATED:
Name: ~~/,,~'~/K ~/.s'7'~4..~.~'.
(Print or Type)
BOARD OF COUNTY COMMISSIONERS
COLLIEF~
BY:__
JAMES N. COLETTA, Chairman
. NEVINS, as Bishop of the
of Venice, a corporation sole
Witness (Signature)
Name:...~.~cc_ L, (.,O"'Ll,~,.,.~
(Print or Type)
Approved as to form and
legal sufficiency:
Assistant County Attorney
FEE SIMPLE INTEREST
PARCEL #146
lOft__R/W
NOR'iH LLNE OF S...._.ECT~ON_~.29
IMMOKALEE ROAD___''
~ 846
EXHIBIT ._
of./._..
N
29
Notes:
1. This is not a survey.
2. Basis of bearing is N/A.
5. Subject to easements,
reservations and restrictions of
record.
DESCRIPTION:
The Northerly 79.18 feet, together with the Southerly
10.00 feet, of the Northerly 89.18 feet, of the Easterly
505.99 feet, of the East 560 feet of the Northeast
Quarter of the Northwest Quarter, of the Northeast
Quarter less the East 50' feet, and the North 100'
feet. Section 29, Township 48 South, Range 27 East,
Collier County, Florida. Containing 0.670 acres more or
less.
REVISED 4/50/02
30' EXCEPTION
0 50 100 150
,-~ -.,--360'
,,,,\tx ----30'
NOT TO SCALE:
..% :"; : :.,,'
~DAVID J. HY~¥,'P/~. (FOR ~E.FIRU)
FLA. UC. ~F' 58F~ '
NOT VALID~T ~E SIGNATURE AND
THE ORIGINAL RAISED ,~EAL ,OF A FLORIDA
LICENSED SURVEYOR XND' MAPPER
SKETCH AND DESCRIPTION
WILKISON
ASSOCIATES
INC. ~
ENGINEERS, SURV~ORS AND P~NNERS
3506 EXCHANGE AVE, NAPLES, F~. 34104
(941) 643-2404 F~ NO. (941) 643-5173
FLORIDA BUSINESS LICENSE NO. LB5770
SCALE SEC/SUB W.O. NO. DRAWN BY FILE NAME
AS NOTED 29/48/27 0014.1 EAW O0-018-O0.DWG
DATE SHEET FB PG CHECKED BY DWG. NO.
lO/Ol
1 OF1
DJH
IR-L-146
MEMORANDUM
DATE:
TO:
FROM:
February 11, 2003
Ellie Hoffman, Senior Clerk
Clerk of Courts Minutes & Records
¢ ~J
Margaret Kreynus, Property Acquisition Specialist
TECM - Right-of-Way
Immokalee Road Warranty Deed
John J. Nevins, the Diocese of Venice, a corporation sole - Parcel No. 146
With regard to the above-referenced project, please find attached one (1) original
recorded Warranty Deed. You have previously received the original 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. 2002-163, Item No. 10C, dated 3~26-2002.
If you have any questions or comments, you may contact me at 213-5846. Thank you.
Attachments as stated
cc:
Inventory File w/attachments
Project Contractor's File w/attachments
~rel~mr,d by'. _
Ellen T. Chadwell, E~tre
Office of the Count) kt~rme)
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
3120139 OR: 3,.Or PG:
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
01/30/2003 at 0Z:iZPM DWIGHT E, BROCK, CLERK
CONS 53500,00
REC EEE 15,00
COPIES 3,00
Retn:
TRANSPORTATION/RIGHT O~ way
INTEROFFICE- SOUTH HORSESHOE
PROJECT:
PARCEL:
FOLIOS:
Immokalee Road Phase 2 - 60018
146
A portion of 00212320002, 00211960007 and 00212080009
WARRANTY DEED
THIS WARRANTY DEED is made this /--'/~ day of ,,~-~--~t,," ,
2002, by JOHN J. NEVINS, as Bishop of the Diocese of Venice, a corporation sole,
whose post office address is P.O. Box 2006, Venice, FL 34284-2006 (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.
Said property is NOT the homestead property of the Grantor, nor is it adjacent thereto.
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.
tt~eat o~ con~ and la exam~
THIS CONVEY~ ACCEPTED BY THE
BOARD OF COUNTY ~IONERS,
COLLIER COUNTY, FLORE:~
PURSUANT TO THE PROVIS~
OR: 3208 PG: 1223
WITNESSES:
(Signature)
(Print Full Name)
(Print Full Name)
JOHN J. NEVINS, as Bishop of the
Diocese of Venice, a corporation sole
STATE OF
COUNTY OF
The foregoing Warranty Deed was acknowledged before me this ~"- day of
~ , 2002, by,~~ ,as
JOHN J. NEVlNS, as Bishop of th~Dioce~e'of Venice, a corporation sole who:
obo
X is personally known to me
OR
produced
as proof of identity.
(affix notarial seal)
(Signature of Notary Public~'
.jiaCATH£RINE N. BUSTle, ~P
My Corem Ex~. 12/12703
Ne. CC 0894189
~ [ I o~1~1~ I.D.
(Print Name of Notary Public)
Serial / Commission # (if any):
My Commission Expires:
Appr~d as tolfo~rm~f~gal sufft¢teac)
Assistant County Attor~y
Ellen T. Chm~ll
FEE SIMPLE INTEREST
PARCEL #146
loo' R/W --o.m LiNE
. NO,tm ,-,,' OF S._...E¢l'~ON._...29
iMMOKALEE ROAD~, ''
EXHIBIT.~_
Page,._.~ of..~...
N
· 29
56
.._j ~ cq --'5O
oa~ o
5' d
0 0
Notes:
1. This is not a survey.
2. Basis of bearing is N/A.
3. Subject to easements,
reservations and restrictions of
record.
DESCRIPTION:
30' EXCF-PI~°N
26
-~o
00
zBa-
>
O
:I:: '
O O
0 5o 100 ' i50
*** OR: 3208 PG: ,2~4
o~
NOT TO SCALE:
The Northerly 79.18 feet, together wlth the Southerly
10.00 feet, of the Northerly 89.18 feet, of the Easterly
303.99 feet, of the East 380 feet of the Northeast
Quarter of the Northwest Quarter, of the Northeast
Quarter less the East 30' feet, and the North 100'
Ceet. Section 29, Township 48 South, Range 27 East,
Collier County, Florida. Containing 0.670 acres more or
leSS.
REVISED 4/30/02
SCALE
' j! tl"j,lI
AS NOTED
DATE
10/01
· f,~/~'.,'P.,/~. '( ,'R THE.FIR~)
NOT VALID~TH~T ~E-SIGNATURE AND
THE ORIGINAL RAISED-,~EAL' ,OF ,A:" FLORIDA
LICENSED SURVEYOR. ~.'~APPER
SKETCH AND DESCRIPTIONr
WiLKISON ~
ASSOCIATES
tC.~
ENGINEERS, SURV~ORS AND P~NNERS
3506 EXCHANGE AVE. NAPLES, F~. 3410~
(~4~) ¢4~-24o~ tax No. (941) ~4~-5~7~
FLORIDA BUSINESS LICENSE NO. LB5770
SEC/SUB W.O. NO. DRAWN BY , FILE NAME'
29/4-8/27
SHEET
1 OF1
eel 4.1
FB PG
LAW
CHECKED BY!
DJH
00-018-O0. DWG
awe: NO.
IR-L-148