Parcels 108, 109 & 110COLLIER COUNTY TRANSPORTATION DIVISION
DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT
RIGHT-OF-WAY ACQUISITION OFFICE
MEMORANDUM
DATE:
April !ri, 2003
TO:
FROM:
Sue Filson, Executive Manager - BCC
Lorraine Rossi, Right-of-Way Property Acquisition Special
Phone number: 239-213-5843
Immokalee Road, Phase 2 - Parcels # 108, 109 and 110 (all designated as folio #
00191720008)
Attached please find the original Purchase Agreement for Immokalee Road Phase 2 -
Project 60018 for execution by Chairman Tom Henning.
This property is part of the acquisition approved by the BCC pursuant to Resolution No.
2001-450, November 27th, 2001 the Agenda Item Number was 16B5. The Account Number is
313 163673
Please sign this Agreement on behalf of the Purchaser (BCC) and forward to Minutes and
Records Management for attestation by the Clerk of the Board.
Thank you!
PROJECT:
PARCEL No:
FOLIO No:
Immokalee Road, Phase 2 - 60018
108, 109 and 110
O0191720008
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this ~.q4~ day of /~, f-~ ~ ,2003, by and between
Norma E. Banas (hereinafter referred to as "Owner"), whose address is 9824
Immokalee Rd., Naples, FL 34120, 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 $144,000.00 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
including business 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
Purchase Agreement Page 2
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 WHE, REOF, the parties hereto have executed this Agreement on
this ~ day of _~:?r-~ [ ,2003.
Property acquisition approved by BCC pursuant to Resolution No. 2001-450, November
27th, 2001.
AS TO PURCHASER:
DATED:
ATTEST:
,, "' ~'~,'~',i'~ ~" ~',, .-., Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER~TY, .~/IDA o
BY:
,Chairmalt[
AS TO OWNER:
DATED:
Witness (Signature)
Name (Print or Type)
Wit.s (Signature)
Name (Print or Type)
Approved as to form and
legal sufficiency:
Heidi F. A~'sshton
Assistant County Attorney
l' 1aa' R/W
· NORTH LINE OF SECT,!,ON 25
FEE SIMPLE INTEREST
PARCEL #108
EXHIBIT/
Palte /__ of__.~_
N
IMMOKALEE ROAD
S.R. 846
0 50 100 150
Notes:
1. Thfs is not a survey.
2. Basis of bearing fs N/A.
3. Subject to easements,
reservations and restrictions of
record.
DESCRIPTION:
The Northerly 89.04 feet, of the West 176.24 feet, of
the Northeast 1/4, of the Northwest 1/4, of Section
25, Township 48 South, Range 26 East, Collier County,
Florida, except the north 100 feet thereof. Containing
0.361 acres more or less.
SCALE
AS NOTED
DATE
/
176.2¢'--,- /
/
/
/
ok
NOT TO SCALE:
NOT VALID WITHOUT 'tHE SIgNA;TtJRE AND
THE ORIGINAL RAISED:!'$EAL :,OF'.A FLORIDA
LICENSED SURVEYOR ' AND MAPPER
SKETCH AND DESCRIPTION
WlLKISON &
ASSOCIATES
ENGINEERS, SURVEYORS AND PLANNERS
3506 EXCHANGE AVE. NAPLES, FLA. 34104.
(94.1) 64.3-2404 FAX NO. (94-1) 64-3-5173
FLORIDA BUSINESS LICENSE NO. LB5770
25/48/26
SHEET
W.O. NO.__
0014.1
FB PO
1.0F1
DRAWN BY
EAW
CHECKED ~'
DJH
FILE NAME
00-018-O0. DWG
DWG. NO.
IR-L-lO8
~-N 0100' R/W
RTH UNE OF SECTION 25
FEE SIMPLE INTEREST
PARCEL #109
EXHIBIT_
tMMOKALEE ROAD
0 5o lOG 150
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 79.06 feet, together with the Southerly
9.98 feet, of the Northerly 89.04 feet, of the Westerly
61.69 feet, of the West 1/2, of the East 176.24 feet,
of the West 552.48 feet, of the Northeast 1/4, of the
Northwest 1/4, of Section 25, Township 48 South,
Range 26 East, Collier County, Florida, except the north
100 feet thereof. Containing 0.174 ocres more or less.
SCALE
AS NOTED
DATE
11/01
352.48' --~
176.24'
NOT TO SCALE:
~ '<, -:: ~: :: :,. ;~,,,
DAVID d. ,~/A'f~l', J~¢l~. (FOR THE FIRM)
FLA. LIC. ~10. 5,8~ . . .." , " '
NOT VALID WIT~UT ~E 'SIGNATURE AND
THE ORIGINAL RAISED. SEAL oF-" A 'FLORIDA
LICENSED SUR~YOR 'ANb.' M~PPER
SKETCH AND DESCRIPqON
WILKISON &
ASSOCIATES
ENGINEERS, SURV~ORS AND P~NNERS
3506 ~CHANGE AVE. NAPLES, F~. 34104
(941) 643-2404 FAX NO. (941) 643--5173
FLORIDA BUSINESS LICENSE NO. LB5770
SEC/SUe
25/48/26
SHEET
1 OF. 1
W.O. NO.
0014.1
FB PO
DRAWN BY
EAW
CHECKED BY
DJH
FILE NAME
00--01 8-O0. DWG
DWO. NO.
IR-L-lO9
r
FEE SIMPLE INTEREST
PARCEL #110
EXHIBIT.__/ _
Page_.~ of j'~
i~oo' R/W
NORTH LINE OF SECTION 25
N
IMMOKALEE ROAD
S.R. 846 --
0 5O lO0 150
Notes:
1. Thfs is not a survey.
2. Basis of bearing fs N/A.
3. Subject to easements,
reservatfons and restrictfons of
record.
DESCRIPTON:
/
352.48' ~ /-.,--
176.24' -.-- /
!
NOT TO SCALE:
The Northerly 79.06 feet, of the East 1/2, of the East
176.24 feet, of the West 352.48 feet, of the Northeast
1/4, of the Northwest 1/4, of Section 25, Township 48
South, Range 26 East, Collier CountY, Florid(], except DAVID J. FtY~j:Cr, J~[!~{." (FOR .THE FIRM)
the north 100 feet thereof. Containing 0.160 acres FLA. LIC. NC 51i~j¢4~ -'
more or tess. NOT VALID WITHOUT THE SI-gNATURE AND
THE ORIGINAL RAISED. SEAL OF'.A FLORIDA
LICENSED SURVEYOR 'AND:'MAI~PER'
SCALE
25/48/26
SKETCH AND DESCRIPTION
WILKISON &
ASSOCIATES
INC. I
ENGINEERS, SURVEYORS AND PLANNERS
5506 EXCHANGE AVE. NAPLES, FLA. 34104
(941) 643-2404 FAX NO. (941) 643-5173
FLORIDA BUSINESS LICENSE NO. LB5770
SEC/SUB , W.O. NO. DRAWN By FILE NAME
0014.1 EAW O0-018-O0.DWG
SHEET FB PG CHECKED BY DWG, NO.
1 OF 1 IR-L-110
DJH
AS NOTED
DATE
11/01