Parcel 155MEMORANDUM
DATE: January 30, 2003
TO: Ms. Sue Filson, Administrative Assistant
FROM:~~ Margaret J. Kreynus, Acquisition Specialist o~i3 - ,5-~ t~
RE: Immokalee Road Purchase Agreement - Parcel No. 155
Andy R. Morgan and Beverley E. Morgan, husband and wife
Attached is a copy of the Purchase Agreement in the amount of $19,250.00 ready for
execution by Chairman Tom Henning. 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 Henning 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 NO:
Immokalee Road Phase 2 - 60018
155
A portion of 37590320001
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (he_r..einafter re.ferred to as the "Agreement") is
made and entered into this ~.---~ day of~--'~~"~ , 2003, by and between
ANDY R. MORGAN AND BEVERLEY E. MORGAN, h'~sband and wife as an Estate by
the Entirety, whose address is 172 Hickory Road, Naples, Florida 34108-3310,
(hereinafter collectively 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 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 $19,250.00 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, 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
Purchase Agreement
Page 2
10.
11.
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.)
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 F-~ ,2003.
Property acquisition approved by BCC pursuant to Resolution No. 2001-450,
November 27, 2001.
AS TO PURCHASER:
ATTI~ ,~.z~.~. % BOARD OF COUNTY COMMISSIONERS
DW.t~3~'~.~.-~'~-'~. lerk COLLIER COU~NTY, FLORIDA
- . ~-. :.~h-~,. ~
~~~~L~rK - , CCrman
AS TO OWNER:
DATED:
Witness (Signature)
(Print or Type)
/.~, 'Witness (Si.~nature)
Name: ..,/r2//
(Print or Type)
Y R,~RGAN
AS TO OWNER:
DATED:
Witness (Signature)
Name: ~o)~ ~. ~/~O~u~ · '~ (Print or Type)
/~/Witness (Signa~u re)
Approved as to form and
lega, I/~ufficiency: .~
--'/Ellen T. Chadwell
Assistant County Attorney
r
FEE SIMPLE INTEREST
PARCEL #155
EXHIBIT. ,,
Page_.L. of ~
POINT OF BEGIN~
?
z
NG:
IS 186'50
07.19
'/ '
iMMOKAU_~EE ROAD S.R. 846
.5 W S 03' ,
19.75 8
ANDY R. MORGAN
BEVERLEY E. MORGAN
O.R. 11'11, PG. '109-'3
Description:
A portion of Tract 8, Golden Gate Estates, Unit 20,
according to the plat thereof as recorded in Plat Book 7,
Page 80 of the Public Records of Collier County, Florida,
being more particularly described as follows:
Beginning at the Northwest Corner of said Tract 8; thence
North 86"50'45" East, along the Northerly Boundary of 'said
Tract 8, for a distance of 382.18 feet, to the
Northeasterly. Corner of sald Tract 8; thence South
00'19'10" West, oiong the Easterly Boundary of said Tract
8, for a distance of 79.65 feet; thence South 86"50'45"
West, for a distance of 273.63 feet; thence South
03"09'15, East, for a distance of 19.75 feet; thence South
Notes:
1. This is not a survey.
2. Basis of bearing is
plat.
3. Subject to easements,
reservations and
restrictions of record.
4. All dimensions are plat
unless otherwise noted.
86'50'45" West, for a distance of 107.19 feet, to a point
on the Westerly Boundary of said Tract 8; thence North ,-':' "'
01'25'50" West, along the Westerly Boundary of said Tract
8, for a distance of 104.71 feet, to the POINT OF
BEGINNING; Containing 0.767 acres, more or less. DAVID J. H)(,~f/T'r,l:~.,.,~l~?". (FOR THE FIRM)
N NOT VALID WITHO~!T THE 'Sji3NA:rURE AND
THE ORIGINAL RAISED. SEAL-OF.:A:FLORIDA
LICENSED SURVEYOR AND:' MAPPER
SKETCH AND DESCRIPTION
WlLKISON
ASSOCIATES
ENGINEERS, SURVEYORS AND PLANNERS
3506 EXCHANGE AVE. NAPLES, FLA. 34104
(941) 643-2404 FAX NO. (941) 643-5173
FLORIDA BUSINESS LICENSE NO. LB5770
SCALE SEC/SUB W.O. NO. DRAWN BY FILE NAME
AS NOTED GGE 20 0014.1 EAW O0-018-O0.DWG
0 50 100 150 . DATE SHEET FB PG CHECKED BY DWG. NO.
~_ 10/01 1 OF 1 DJH IR-L-155
CLOSING DATE:
BUYER: Collier County
CLOSING STATEMENT
February 20, 2003 COUNTY ATTORNEY~Z/~-
(Signature)
SELLER: ANDY Ro MORGAN
TAXPAYER I.D. NO:
SELLER: BEVERLEY E. MORGAN
TAXPAYER I.D. NO: 267-79-8349
SELLER'S ATTORNEY:
(Signature)
SELLER'S SIGNATURE:
(Signature)
SELLER'S SIGNATURE:
(Signature)
LEGAL DESCRIPTION
(See Exhibit "A" attached hereto and made a part hereof)
Purchase Price $19,250.00
Deposit
Cash at Closing $19,250.00
CHARGES AND EXPENSES
Ad Valorem Taxes (Parent Parcel): NA
(Taxes of... attributable to the property being acquired.)
Pro-ration: $137.64 X 51 /365 Days
Recording Fees:
Deed
Partial Release of Mortgage
Partial Release of Mortgage
Partial Release of Mortgage
Easement
Subordination
Subordination
Subordination
Satisfaction
Current Taxes Due
Other Tax Certificate #2819
Other Tax Certificate #2737
Other Tax Certificate #2656
Documentary Stamp Tax
Title Insurance
Real Estate Commission
Attorneys' Fees
Appraisal Fee
Other: [Type description here]
Other: [Type description here]
TOTAL CHARGES
Charge Seller
Charge Buyer
Pages
Pages
Pages
Pages
Pages
Pages
Pages
Pages
Pages
$19.23
$0.00
$o.oo
$o.oo
$0.00
$o.oo
$o.oo
$0.00
$1,04o.52
$863.66
$850.89
$938.97
$o.oo
$19.50
$0.00
$0.00
$3,713.27
$19.50
RECAPITULATION
Purchase Price
Less Charges to Seller
Less Deposit
Plus Seller's Credits
$19,250.00
$3,713.27
$0.00
NET CASH TO SELLER
$15,536.73
County Clerk
ReeJ Estate Broker
Title Company
Seller's Attorney
Tax Collector
Appraiser
Other
Seller
Purchase Price
Plus Buyer's Charges
Less Deposit
Less Buyer's Credits
CASH TO CLOSE
DISBURSEMENTS
$19.50
$o.oo
$3,713.27
$15,536.73
$19,250.00
$19.50
$o.oo
$19,269.50
TOTAL $19,269.50
FEE SIMPLE INTEREST
PARCEL #155
IMM OKA~_~EE ROAD
86'50 .5 W S 0309,15'-" '" '"'- ,,.,,,.,~,.~r-,,, E
~ ANDY R. MORGAN
BEVERLEY E. MORGAN
~ ~1 O.R. 1111, PG. 1093
Z
EXHIBIT_ __
Page__J._ of. I ._
Description:
A portion of Tract 8, Golden Gate Estates, Unit 20,
according to the plat thereof as recorded in Plat Book 7,
Page 80 of the Public Records of Collier County, Florida,
being more particularly described as follows:
Beginning at the Northwest Corner of Said Tract 8; thence
North 86'50'45" East, along the Northerly Boundary of 'said
Tract 8, for a distance of 382.18 feet, to the
Northeasterly Comer of said Tract 8; thence South
00'19'10" West, aiong the Easterly Boundary of said Tract
8, for a distance of 79.65 feet; thence South 86'50'45"
West, for a dlstance of 273.6,3 feet; thence South
Notes:
1. Thls is not a survey.
2. Basis of bearing is
plat.
,3. Subject to easements,
reservations and
restrictions of record.
4. All dimensions ore plat
unless otherwise noted.
03'09'15~ East, for a distance of lg.75 feet; thence South
86'50'45" West, for a distance of 107.19 feet, to a point
on the Westerly Boundary of said Tract 8; thence North
01'25'50', West, along the Westerly Boundary of said Tract
8. for a distance of t04.71 feet. to the POINT OF . . :.'
BEGINNING; Contoinlng 0.767 acres, more or less. ~LA~DLi~.. ~. 5~i~(FO.R THE ~IRM)
N NOT VALID WITH. O~T'~-IE *S)(3N~:i~j.'RE AND
0 5o lOO 150
THE ORIGINAL RAISED,.SE6L. OE:-:A:":FLORIDA
LICENSED SURVEYOR. A.N...~i M'AtsPi~-R '
SKETCH AND DESCRIPTION
WlLKISON &
ASSOCIATES
INC, aa
ENGINEERS, SURVEYORS AND PLANNERS
3506 EXCHANI3E AVE, NAPLES, FLA, 34104
(941) 643-2404 FAX NO. (941) 64;3'5173
FLORIDA BUSINESS LICENSE NO. LB5770
,.
SCALE SEC/SUB W.O. NO. DRAWN BY FILE NAME
AS NOTED GGE 20 0014.1 LAW O0-018-O0.DWG
· DATE SHEET FEi Pi3 CHECKED BY DWi3, NO.
10/01 1..OF 1 DJH
IR-L-155
, ' ,j
MEMORANDUM
DATE:
TO:
FROM:
March 10, 2003
Ellie Hoffman, Senior Clerk
Clerk of Courts Minutes & Records
~k~ Margaret Kreynus, Property Acquisition Specialist
TECM -Right-of-Way, South Horseshoe Drive, Suite 214
Immokalee Road Warranty Deed
Andy R. and Beverley E. Morgan - Parcel No. 155
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
PROJECT:
PARCEL NO:
FOLIO NO:
Immokalee Road Phase 2 - 60018
155
A portion of 37590320001
WARRANTY DEED
3132044 OR: 3223 PG: 0574
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, ~n
02/20/2003 at 01:10PM DWIGHT E. BROCK, CLERK
CONS 19250.00
REC FEE I9.50
COPIES 4.00
Retn:
TRANSPORTATION/RIGHT OF way
INTEROFFICE- SOUTH NORSESHOE
EZT 5846
THIS WARRANTY DEED is made this _~----~ day of ~~ ,
2003, by ANDY R. MORGAN AND BEVERLEY E. MORGAN, husband an(~ wife as an
Estate by the Entirety, whose address is 172 Hickory Road, Naples, Florida 34108-
3310, (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.)
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, but it is 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.
lhmat of conde~ and is exempt
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COMMI8810NER;8,
COLLIER COUNTY, FLORIDA,
PURSUANT TO THE PROVISIONS
OR: 3223 PG: 0575
WITNESSES:
(Signature)
(Pri?~/ull Name)
/,~ignature) /
(Print Full Name)
STATE OF FLORIDA
COUNTY OF COLLIER
The ~oing Warranty Deed was acknowledged before me this
, 2003, by ANDY R. MORGAN, who:
~Z'/is personally known to me
day of
OR
__produced
as proof of identity.
(affix notarial seal)
(Print Name of Notary Public)
Serial / Commission # (if any)'
My Commission Expires:
OR: 3223 PG: 0576
WITNESSES:
(Signature)
(/~nt Full Name)
,//(Signature)
(Print Full Name)
STATE OF FLORIDA
COUNTY OF COLLIER
The ~ing ,Warranty Deed was acknowledged before me this ,~
~onally k:~w0~:bmYeBEVERLEY E. MORGAN, who:
day of
OR
__produced
(affix notarial seal)
JOAN M BURTON
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. DD026978
MY CO~/!x,~C,c,~,, m,.'~ ~ ,~,~..~.9z2.0o._!
as proof of identity.
ignature of No't~.ry Public)
(Print Name of Notary Public)
Serial / Commission # (if any)'
My Commission Expires:
FEE SIMPLE INTEREST
PARCEL #155
EXHIBIT.
Page__/._ of
*** OR'. 32 PG: 0577
tMMOKAL:EE ROAD S.R. 846
7////'6' ' u'nusy_z
MORGAN
BEVERLEY E. MORGAN
O.R. 1111, PG. 1093
T-
O
0
Description:
a portion of Tract 8, Golden Gate Estates, Unit 20,
according to the plat thereof as recorded in Plat Book 7,
Page 80 of the Public Records of Collier County, Florida,
being more particularly described as follows:
Notes:
1. This is not a survey.
2. Basis of bearing is
plat.
Beginning at the Northwest Corner of said Tract 8; thence
North 86"50'45" East, along the Northerly Boundary of said
Tract 8, for a distance of .382.18 feet, to the
Northeasterly Corner of said Tract 8; thence South
00"19'10" West, along the Easterly Boundary of said Tract
8, for a distance of 79.65 feet; thence South 86'50'45"
West, for a distance of 273.6.3 feet; thence South
03'09'15" East, for a distance of 19.75 feet; thence South
86'50'45" West, for a distance of 107.19 feet, to a point
on the Westerly Boundary of said Tract 8; thence North ____.... ~
01'25'50" West, along the Westerly Boundary of said Tract
8, for a distance of 104.71 feet, to the POINT OF
BEGINNING; Containing 0.767 acres, more or less. DAVID J. H~cr, P(.~d?(FoB THE FIRM)
FLA. LIC. t449. 5B,.G¢'. : ..
N
0 50 100 150
3. Subject to easements,
reservations and
restrictions of record.
4. All dimensions are plat
unless otherwise noted.
1..OF 1
DJH
IR-L-155
SCALE SEC/SUB 'W.O. NO. DRAWN BY FILE NAME
AS NOTED GGE 20 0014.1 EAW O0-018-O0. DWG
DATE SHEET FB PG CHECKED BY DWG. NO.
NOT VALID WITHOUT THE 'SIGNATURE AND
THE ORIGINAL RAISED, SE,AL-OF. AFLORIDA
LICENSED SURVEYOR AND;' MAPPER
SKETCH AND DESCRIPTION
WlLKISON &
ASSOCIATES
INC.!
ENGINEERS, SURVEYORS AND PLANNERS
3506 EXCHANGE AVE. NAPLES, FLA. 34104
(941) 643-2404 FAX NO. (941) 643'5173
FLORIDA BUSINESS LICENSE NO. LB5770