Parcel 16.1Memorandum
TO:
FROM:
DATE:
RE:
Ellie Hoffman
Records Technician III
Minutes & Records Management
Cindy Erb
Sr. Property Acquisition Specialist
Real Property Management Department
February 10, 2003
Proposed Use of County-owned Property Located North of Existing
Landfill, Legal Description: 25 49 26 SWl/4 OF SE1/4 OF SW 1/4
Please find attached one (1) original recorded Warranty Deed and one (1) ori_~inal
Purchase Agreement for the above referenced project.
The Board of County Commissioner of Collier County, Florida approved the acquisition
by gift or purchase pursuant to Resolution 99-270, Agenda Item 16 C 3, dated June 22,
1999.
Please contact me if you have any questions or comments at 8917.
Thank you.
attachments as stated
CC:
George Yilmaz, Solid Waste Director w/attachments
Tax Appraiser's Office w/Deed only
Tax Collector's Office w/Deed only
Inventory File w/attachments
Office of the Real Property Management Department
PROJECT: Surplus Landfill Property
PARCEL: 16.1
FOLIO: 00290040003
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between LARRY MARK LUPONE and LURRAE
LUPONE MEYERS, as Tenants in Common, (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 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 $50,000.00, 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.
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.
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 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 .,~l,a~.day of ~ ,200 3~
Date Property acquisition approved by BCC: June 22, 1999, Agenda Item 16 (C) (3),
Resolution 99-270
AS TO PURCHASER:
~teSt aS to Chalma,'$
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
T M N h ~man
AS TO OWNER:
DATED:/~-~t,~
Witness (Signat.ure! .
--(Print or Typei '
Witness '(signature)
Name:
(Print or Type)
Witness (.Sign,ature)
Name: t-.~/z~, [- ~,/'bc'/~)/!, ~"
(Print or Type)
Witnesns [Signature). ,
Name~ L ~[~~
(Print or Type)
lUP E
URRAE LUPONE M¢"~S
Approved as to form and
legal_ sufficiency:
"/Ellen T. Ohac'~ll
Assistant Oounty Attorney
EXHIBIT "A"
Tax Parcel No.: 16.1
Folio No.: 00290040003
FEE SIMPLE INTEREST
THE WEST Y2 OF THE SOUTH ~ OF THE SOUTHEAST ~.4 OF THE
SOUTHWEST ~A OF SECTION 25, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, BEING 10 ACRES, MORE OR LESS.
Page 1 of 1
PROJECT: Surplus Landfill Property
PARCEL: 16.1
FOLIO: 00290040003
Prepared
Ellen T. Chadwell, Esfl~tre
Office of the County
3301 East Tamiamt Trail
Naples, Florida
(~41) 774-8400
3120656 OR: 3209 ?G: 0449
RECORDED in OFPICIAL RECORDS of COLLIER CODN?¥, PL
01/31/2003 at II:lOAM DWIGHT ]], BROCK, CL~RK
¢ON~ 50000.00
RBC ~)! 10,50
DOC-,?O 350,00
C0PIB$ 2,00
~etn:
~BA~ ~RO~BRT¥
~XT 8991
INTER OFFICB
WARRANTY DEED
THIS WARRANTY DEED made this ~ day of t..-..Yr-'~ , 200~,
by LARRY MARK LUPONE and LURRAE LUPONE MEYERS, as Tenants in
Common, (hereinafter collectively called the 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
called the 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:
THE WEST 1~ OF THE SOUTH ~/~ OF THE SOUTHEAST ¼ OF THE
SOUTHWEST ¼ OF SECTION 25, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, BEING 10 ACRES, MORE OR LESS.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY.
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.
W-i~ss--(~!gnature)
Name:
(P'-~int or Type)
Witness (Si~g~'~tU'~)')
Name: Carol Behrman
(Print or Type)
~rry~l'ark Lupone
Address: P.O. Box 332
Guilford, CT 06437
THIS CONVEYANCE APPROVED ElY THE
BOARD OF COUNTY COi~IMISSIONIER~,
(:X)UJER COUNTY, FLORIDA,
PURa~ANT TO THE PROV~ION~
OF RE~OLUllON NO, _q q-
Witr~S~ '(s~]gnature~
Name: Shari Murphy
(Print or T._ype)
witness -(Si~atu r~)'
Name:Carol Behrman
(Print or Type)
*** OR: 3209 PG: 0450 ***
Lurr~'~-I_upone Meyers-
Address: P.O. Box 111
Madison, CT 06443
COUNTY OF J'~,~,-. ~
Th.e foregoing Warranty Deed was acknowledged before me this ~f~t" day of
~.--..'.-'.-'.-'.-'~-~~ ,2002 by Larry Mark Lupone, who is personally known to me e~,
(affix,n~otarial seal)
(Signature of Notary"Pub~
W-ill-lam F. galla§her
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires: 2/28/06
STATE OF~
COUNTY OF
~_.~r-. ~/.., ~~egoing Warranty Deed was acknowledged before me this ~ day of
,2002 by Lurrae Lupone Meyers, who is personally known to
me-or who hao produ;",.d a~t~lm'rllf'~'attm~,
(affix notarial seal)
(L~ig~;tUre et o ary P~blic) -
William F. galla~her
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires: 2/28/o6
Ellen T. Ch&d~11