Parcel 115CCOLLIER COUNTY TRANSPORTATION DIVISION
DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT
RIGHT-OF-WAY ACQUISITION OFFICE
MEMORANDUM
DATE:
TO:
FROM:
February 26, 2003
Ellie Hoffman
Lorraine Rossi, Right-of-Way Property Acquisition Special
Phone number: 239-213-5843
Immokalee Road Expansion Phase 2 - Parcel 115 C
Enclosed please find the original recorded Warranty Deed and original Purchase Agreement for
Immokalee Road Phase 2 - Project 60018, Parcel #115 C - previously owned by the Nancy
Kleinman Ressa Trust and the Mardell Cagen Revocable Trust. This parcel was acquired
according to a BCC Resolution number 2001-450, dated November 27th, 2001, agenda item
16(B)5.
The Parcel Closed on February 13, 2003.
Please note there is no Folio Number for this Parcel.
2685 South Horseshoe Drive, Suite 214, Naples, Florida 34104 Phone: (239) 213-5843 FAX: (239) 213-5885 e-mail: LorraineRossi@Colliergov.net
PROJECT: 60018
PARCEL: 115C
3128773 OR: 3218 PG: 3203
RECORDND in OPPICIAL NNCORDS of COLLIER COUNTY, PL
02/13/2003 at 01:23PM DWIGHT B. BROCK, CLI~RK
CONS 2500.00
RNC EBB 24.00
IMDEXING 1.00
COPIES 5.00
Retn:
?~CM/RIGHT OF WAY ACQUISITIONS
INTEROfFICE-SOUTH HORSESHOE
WARRANTY DEED
THiS WARRANTY DEED made this / ~o day of
by, Nancy Kleinman Ressa and Millicent B. Kleinman, as co-trustet~s"~ of the Nancy
Kleinman Ressa Trust #1 U/A/D 01/18/1992, as to an undivided 1/2 interest and Mardell
Cagen and Judith Hanlon, as co-trustees of the Mardell Cagen Revocable Trust
U/A/D 6/10/1987, as to an undivided Y2 interest whose mailing address is Nancy
Kleinman Ressa Trust c/o Reed Kleinman, 14600 Industrial Ave. South, Maple Heights,
OH 44137 (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.
This is NOT the Homestead property of the Grantor, nor is it contiguous 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.
prope Imm acqu d under
threat of co~lil{l~allo~ and is exempt
from dl:)~ltlaty stamp tax.
THIS CONVEYAJiIC~ ACCEPTED BY THE
BOARD OF COUNTY COMMISSIONERS,
COi.LIER COUNTY, FLORIDA,
PURSUANT TO THE PROVISIONS
OF RESOLUTION NO. o)~z~l - ?,ou
OR: 3218 PG: 3204
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents
the day and year first above written.
WITNESSES:/..~ ,~.,,/~.~.~
(Signature)
(P,~.r~ Full Name) _
(Signature)
(Print Full Name)
By:
NANCY K~~L MAN RESSA, as
co-trustee of the Nancy Kleinman
Ressa Trust #1 U/A/D
01/18/1992
STATE OF
COUNTY
going Warranty Deed w~as acknowledged before me this / ~ day of
~~ , ~ by NANCY KLEINMAN RESSA, as co-trustee of the
Nancy Kleinman Ressa Trust #1 U/A/D 01/18/1992, who:
L,~is personally known to me
OR
has produced
(affix notarial seal)
.,.,~
".4?
as proof of identity.
(Signature of ot~a~ Publici
(Print Name of Notary Public)
NOTARY PUBLIC
Serial / Commission # (if aq.y,),:_
My Commission Expires:
(Si~natlPrre)
(Print Full Name)
(Signature)
(Print Full Name)
MILLICENT B. KLEINMAN, as co-
trustee of the Nancy Kleinman
Ressa Trust #1 U/A/D 01/18/1992
OR: 3218 PG: 3205
STATE OF
COUNTY
T~%regoing Warranty Deed w~as acknowledged before me this //_~ day of
· ~.. (230 ~, 2~, by MILLICENT B. KLEINMAN, as co-trustee of the Nancy
Kleinma~.essa Trust #1 U'/A/D 01/18/1992, who: /
V is personally known to me
OR
has produced
(affix notarial seal)
My Comm!~.~a ~,-;'~;;~-'$ A~:~. 22, 200
as proof of identity.
(Signature of Notary Public).
(Print Name of Notary Public)
NOTARY PUBLIC
Serial / C°mmissi°n # (if a {q~"-c-~.
My Commission Expires:
WITNESSES:
/ --
(Signature)
,'
(Print Full Name)
(Print Full Name)
By:
MARDELL CAGEN, as~o-trustee
of the Mardell Cagen Revocable
Trust U/A/D 6/10/1987
STATE OF
COUNTY OF
Th9 foregoing Warranty Deed w acknowledged before me this ( ~9 day of
LJ'~k.~. '),~~ , ~ MARDELL CAGEN, as co-trustee- of the Mardell Cagen
Revocable Trust U/A/D 6/10/1987, who:
L/"'~s personally known to me
OR'
has produced
(affiX notarial sea!),'
NOTARY PUBLIC
Serial/Commission # (if a~): . ~
My Commission Expires: ~x,~'.. _~[._~ ~
OR: 3218 PG: 3206
WITNESSES:
(SCature)
(P(in~t~(3i~Full Name)
(Signature)
(Print Full Name)
of the Mardell Cagen Revocable
Trust U/A/D 6/10/1987
STATE OF
COUNTY
£
?
7r/~...~oing Warranty Deed was acknowledged before me this [ (,~ day of
· ~ OO._~, ~ by JUDITH HANLON, as co-trustee of the Mardell Cagen
Revocable Trust U/A/D 6/10/1987, who: C//is personally known to me
O~
has produced
(affix notarial seal)
ca~'...O.O o~, identity.
(Signature of I~lo.~ary P~blic)f
(Print Name of Notau Public)
NOTARY PUBLIC
Serial/Commission
My Commission Expires: ~
FEE SIMPLE INTEREST
PARCEL #115C
EXHIBIT
Page 1 of
N
- oo' R/W
v
I _ NO~T_..~..H UNF...~'
.,._~ -
IMMOKALEE ROAD
~. S.R. 846
DESCRIPTION:
The Northerly 178.64 feet, of the East 10.00
feet, of the West 660 feet of the Northwest
0 5O lO0 15C
--,-- 660'
--'- ----10'
NOT TO SCALE:
Notes:
1. This is not a survey.
2. Basis of bearing is N/A.
1/4, less the North 100.00 feet previously
dedicated for State Highway #846, Section
30, Township 48 South, Range 27 East,
Collier County, Florida. Containing 0.018 acres
more or less.
SCALE
AS NOTED
DATE
02/02
3. Subject to easements,
reservations and restrictions of
record.
DAVID J. ~W'A~,~. (FOR THE FIRM)
THE ORIGINAL RAISED SEAL,OF ~ FLORIDA
LICENSED SUR~YOR .ANb",~A'pPER
SKETCH AND DESCRIPTION
WlLKISON
ASSOCIATES
INC. ~
ENGINEERS, SURV~ORS AND P~NNERS
3506 EXCHANGE AVE. NAPLES, F~. 34104
(941) 643-2404 FAX NO. (941) 643-5173
FLORIDA BUSINESS LICENSE NO. LB5770
SEC/SUe ,
30/48/27
SHEET
1 OF 1
,W.O. NO.
0014.1
FB PG
DRAWN BY
EAW
CHECKED BY
DJH
FILE NAME
O0-018-O0.DWG
DWG. NO.
IR-L-115C ,,,,)
J
PROJECT: 60018
PARCEL No: 115C
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this ~,, day of ~,~d~"u~ ,~.~¢~:~, '2002, by and between
Nancy Kleinman Ressa and Millicent B. Kleinma~, as co-trustees of the Nancy
Kleinman Ressa Trust #1 U/A/D 01/18/1992, as to an undivided Y2 interest, and Mardell
Cagen and Judith Hanlon, as co-trustees of the Mardell Cagen Revocable Trust
U/A/D 6/10/1987, as to an undivided 1/2 interest, (hereinafter collectively referred to as
"Owner"), whose address is Nancy Kleinman Ressa Trust C/O Reed Kleinman, 14600
Industrial Ave. South, Maple Heights, OH 44137, 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 $2,500.00
($1,250.00 to each of the above named trusts) payable by County Warrants (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.
o
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
Purchase Agreement Page 2
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.
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.
10.
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.)
11. 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
Property acquisition approved by BCC pursuant to Resolution No. 2001-450, November
27t~, 2001.
AS TO PURCHASER:
DATED:
ATTEST: ........
DW~?I~,*~ROCK, Clerk
<,, ..... .
%/ '- ¢'I.,, ,~/,,.'~put~'Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~
J N. COLETTA, Chairman
AS TO OWNER:
DATED: l/~/0 ~
Witness (Signature)
Na.,me (Print or Try~e) , ,
Witness (Signature)
~
Name (Print or Type)
Nancy Kleinma~n Ressa as Co-Trustee
of the Nancy Kleinman Ressa Trust #1
U/A/D 01/18/1992
DATED: J!~)¢
Witness (Signature)
.,~me (Print or T4tl~)
itness (Signature)
N~me (Print or Type)
Mi'llicent B. Kleinman, ~.s'"'Co-Trustee of
the Nancy Kleinman Ressa Trust #1
U/A/D 01/18/1992
Purchase Agreement Page 4
Witness (Signature)
Name (Print or T. ype)
Witness (Signat,ure)
Name (Print or Type)
Mardell Cagen, as Co e of the
Mardell Cagen Revocable Trust U/A/D
6/10/1987
DATED:
Witness (Signature)
~~. ,ame (Print or,,.~pe)
~t~it~'ss (Signature)-
Name (Print or Type)
Judit~ Hanlon,
as Co-Trustee of the
Mardell Cagen Revocable Trust U/A/D
6/10/1987
Approved as to form and
legal sufficiency:
e n~.T. ~ad'~L~~e'"
Assistant County Attorney
FEE SIMPLE INTEREST
PARCEL #115C
EXHIBIT
Page_. of
N
j--- lOO' R/W
_ NO T_T. L
IMMOKALEE ROAD
--. S.R. 846
10'
DESCRIPTION:
The Northerly 178.64 feet, of the East 10.00
feet, of the West 660 feet of the Northwest
1/4, less the North 100.00 feet previously
dedicated for State Highway #846, Section
30, Township 48 South, Range 27 East,
Collier County, Florida. Containing 0.0t8 acres
more or less.
0 50 100 150
NOT TO SCALE:
Notes:
1. This is not a survey.
2. Basis of bearing is N/A.
3. Subject to easements,
reservations and restrictions of
record.
DAVID J.' .~,TT,~?/vl. (FoR THE FIRM)
FLA. LICcfNO. ,,5~P54 -, .~ '
NOT VALID W~OUT THE S GNAIU~E AND
THE ORIOINAL RAISED SEAL..OP- ~ FLORIDA
LICENSED SURVEYOR. ANP'.I~A'PPER
SKETCH AND DESCRIPTION
WlLKISON &
ASSOCIATES
INC. 1
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 ,30/48/27 0014.1 LAW O0-018-O0.DWG
DATE SHEET FB PG CHECKED BY DWG. NO.
02/02
I OF1
DJH
IR-L-115C ,,)
J