Parcel 115A,118C,129C,136MEMORANDUM
DATE:
TO:
FROM:
RE:
April 28, 2003
Ellie Hoffman, Senior Clerk
Clerk of Courts Minutes & Records
Margaret Kreynus, Property Acquisition Specialist
TECM - Right-of-Way, South Horseshoe Drive, Suite 214
Immokalee Road Warranty Deed and Purchase Agreement
Brooks Enterprises, Inc. - Parcel Nos. 115A, 118C, 129C and 136
With regard to the above-referenced project, please find attached one (1) original
recorded Warranty Deed and one (1) 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
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.
PROJECT:
PARCELS:
Immokalee Road Phase 2 - 60018
115A, 118C, 129C and 136
3162804 OR: 3262 PG: 3219
RECORDED in OF~ICIAt, RECORDS of COLLIER COUNTY, ~L
04/10/2003 at 02:liP[t DWIGHT R. BROCK, CLERK
CON~ 11200.00
COPIES 6,00
Rein:
T~¢N/RIGH? O~ WAY ACOUISITION$
INT~RO~I¢~-$OU?H HORS~HOI
WARRANTY DEED
THIS WARRANTY DEED is made this c~)(:~ day of
2003, by BROOKS ENTERPRISES, INC., a dissolved Florida corporation, by and
through its sole surviving Director acting as the Board of Trustees of the corporation
pursuant to Section 607.301, F.S. (1983) (hereinafter referred to as "Grantor"), whose
address is c/o Richard W. Brooks, 16406 Cape Horn Blvd., Punta Gorda, FL 33955, 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.
RECEIVED
APR 1 6 20O3
Tranaporka~on
THIS CONVEYANCE ACCEPTED BY THE
m:)ARD OF COUNTY ~ERS,
COLLIER COUNTY, FLt~
PURSUANT TO THE PROVISIONS
OF RESOLUTION NO._2~3(Dt¢- ~-z~_
OR: 3262 PG: 3220
WITNESSES:
(Signature)
Patri~ia I.. Ryks
(Print Full Name)
(Signature)
(Print Full Name)
Brooks Enterprises, Inc.
a dissolved Florida corporation
Sole Surviving Director acting as the
Board of Trustees of the Corporation
Richard W. Brooks
16406 Cape Horn Blvd
Punta Gorda, FL 33955
STATE
COUNTY OF
The foregoing Warranty Deed was acknowledged before me this ~day of
~-¢-t~ ,2003, by Richard W. Brooks, sole surviving Director acting as the
Boa~rd of Trustees of BROOKS ENTERPRISES, INC. a dissolved Florida,,cocporation,
who is personally known to me or who has produced
identification.
(affix notarial seal)
(Signature of Notary PU'-b~-c) ~
Patricia L, Ryks
(Print Name of Notary Public)
Serial/Commission # (if any):~;~3~.~qO
My Commission Expires:
Prepared by~
tleidi F. Ashton, [$q~t~
:i/fice of the County Attorf~
}301 East Tamiami Trail
;;iaple$, Florida 34~17
(941) 774-840~
FEE SIMPLE INTEREST
PARCEL #115A
EXHIBIT A
Page,, / of-'-~
N
, I ,-lOO' R/W
IMMOKALI
S.R.
NORTH LINE O_F SECTI.._..ON 30
iE ROAD
846
DESCRIPTION:
The Northerly 178.84 feet, of the West 10.00
feet, of the Northwest 1/4, less the North
100.00 feet prevfously dedicated for State
Highway #846, Section 30, Township 48
South, Ronge 27 East, Collier County, Florida.
Contoining 0.018 acres more or less.
REVISED 2/12/02
0 5O lO0 150
680' ----
10' ----
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.
FLA.DAVID-',j: LIC.
NoT V^L,D S,G AT E AND
~E ORIGINAL RAISED SEAL OF ~ FLORIDA
LICENSED SUR~YO~'L:~D ;-MAPPER
SKETCH AND DESCRIPTION
WILKISON
ASSOCIATES
INC.
ENGINEERS, SUEV~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
AS NOTED 30/48/27
DATE SHEET
02/02
1 OF1
W.O. NO. DRAWN BY FILE NAME
0014.1 EAW 115A.DWG
FB PG CHECKED' BY DWG. NO.
DdH
IR-L-lISA
~oo' R/W
NORTH ,LINE OF SECTIO....~N 30__
IMMOKALEE ROAD
---- -- S.R. 846
DESCRIPTION:
The Northerly 188.78 feet, of the Eost 10.00
feet, of the Northwest 1/4, of the Northwest
1/4, less the North 100.00 feet previously
dedicoted for Store Highwoy #846, Section
.30, Township 48 South, Ronge 27 Eost,
Collier County, Florido. Contoining 0.021 ocres
more or less,
OR: 3262 PG: 3222
EXHIBIT
N
0 50 100 150
NOT TO SCALE:
Notes:
1. This is not o survey.
2. Bosis of beoring is N/A.
3. Subject to eosements,
reservotions ond restrictions of
record.
DAVID J.'I~ATT,~.M. (FOR THE FIRM)
FLA. LIC. NO.
NOT VALID W~T~OUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND. MAPPER
WilspnMilleF ' *-
Sep 27, 2002 - 1.5:48:40 MLAMUREIZ:\surv'~,9\lmmokalee Road\! 18C.dw
CUENT;
TITLE:
COL.L.IER COUNTY D~P~E~
OI= Tt~AN~POPITA TION
BKI=--rCH AND DESCRIPTION
DATE: I PROJECT NO.:
0~/ _,~_2
SHEETNUMB[R: I FILE NO.: I
~ or ~ /~,-L-fiSC
OR: 3262 PG: 3223
~oo' R/W
_~'-"- NORTH LINE OF SE..._.__CTION~ 3~0
IMMOKALEE ROAD
S.R. 846
EXHIBIT
N
0 50 100 150
o',
NOT TO SCALE:
DESCRIPTION:
The Southerly 78.00 feet Northerly 178.00
feet, of the Westerly 10.00 feet of the, of
the Northeast 1/4, of the Northeast 1/4,
Section 50, Township 48 South, Range 27
East, Collier County, Florida.
AND:
The Southerly 88.20 feet of the Northerly
188.20 feet, of the Easterly 10.00 feet, of
the Northwest 1/4, of the Northeast 1/4,
Section 30, Township 48 South, Range 27
East, Collier County, Florida. Containing 0.038
acres more or less,
WilsOnMiiler
Notes:
1. This is not o survey.
2, Basis of bearing is N/A.
3. Subject to easements,
reservations and restrictions of
record.
(FOR THE FIRM)
FLA. LIC. I~0. 5~
NOT VALID WITH. THE SIGNATURE AND
THE ORIGINAL'RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
RE SED S/ii 02
CLIENT'.
CH2MHILL
TITLE:
SKETCH AND DESCRIPTION
OF' ,4 PORTION OF SECTION ,.TO, TOWNSHIP 48 SOUl7-1, t~4NCE 27 EAST,
COLLIER COUNTY, FLORIDA.
OAT[: J PROJECT NO.: NUMB[R: riLE NO.;
07/02 04014-001-000 I or I
FEE SIMPLE INTEREST
PARCEL # 13 6
EXHIBIT
vIO0'
NORTH LINE OF SECTION 30
IMMOKALEE
-- S.R. ~
-T
ROAD
46
N
0 50 100 150
o
NOT TO SCALE:
Notes:
DESCRIPTION:
The Northerly~177.73 feet, of the East 10.00
feet, of the Northeast 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.
1. This is not a survey.
2. Basis of bearing is N/A.
SCALE
AS NOTED
DATE
02/02
5. Subject to easements,
reservations and restrictions of
record
NOT VALID WITHOUT THI~-'~IGN'AT~E AND
THE ORIGINAL RAIsED~:'.~AL::'Oi~. A FLORIDA
LICENSED SURVEYOI~'.A~D' 'MAppER
SKETCH AND DESCRIPTION
WILKISON &:
ASSOCIATES
INC,
ENGINEERS, SURVEYORS AND PLANNERS
3506 EXCHANGE AVE. NAPLES, FLA, 34104
(9¢1) 643-2404 FAX NO. (941) 643-5173
FLORIDA BUSINESS LICENSE NO. LB5770
SEC/SUB
30/48/27
SHEET
W.,O. NO.
0014.1
1 OF1
FB PG
DRAWN BY
LAW
CHECKED BY
DJH j
FILE NAME
136.DWG
DWG. NO.
IR-L-136
PROJECT:
PARCELS:
Immokalee Road Phase 2 - 60018
115A, 118C, 129C and 136
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this,______, day of {'~/'J'l , 2003, by and between
BROOKS ENTERPRISES, INC., a dissolved Florida corporation, by and through its sole
surviving Director acting as the Board of Trustees of the corporation pursuant to Section
607.301, F.S. (1983) (hereinafter referred to as "Owner"), whose address is c/o Richard W.
Brooks, 16406 Cape Horn Blvd., Punta Gorda, FL 33955 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 via Warranty Deed for the sum of
$11,200.00 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 on or before April 30, 2003; 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.
Pumhase Agreement Page 2
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.
o
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 WITNE~S~ WHEREOF, the parties hereto have executed this Agreement on this
day of Ir)'l~..~j~ ,2003.
%
Property acquisition approved by BCC pursuant to Resolution No. 2001-450,
November 27, 2001.
AS TO PURCHASER:
DATED:
ATT.~,,~,~
D __V~,~.E:"~~Jerk
',, ,,..
(Signature)
Patdcia L. Ryks
(Print Full Name)
(Signature)
BOARD OF COUNTY COMMISSIONERS
BY:
Tom H-~nning, Cli~airman
Brooks Enterprises, Inc.
a dissolved Florida corporation
Sole Surviving Director acting as the
Board of Trustees of the Corporation
Richard W. Brooks
16406 Cape Horn Blvd
Punta Gorda, FL 33955
(Print Full Name)
Approved as to form and
legal~b~lsufficiency':~ ~
Her~i F. As~tor~-
Assistant County Attorney
FEE S~LE ~TE~ST
P~CEL #115A
EXHIBIT A
Page [ of-~
ice' R/W
IMMOKAL[
S.R.
NORm UNE O__F SECn..__ON 30
ROAD
1~46
DESCRIPTION:
0 50 100 150
680' --'-
10' --,.-
NOT TO SCALE:
Notes:
1. This ls not a survey.
2. Basis of bearing Is N/A.
3. Subject to easements,
reservations and restrictions of
record.
The Northerly 178.84 feet, of the West 10.00
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 0.018 acres more or less.
REVISED 2/12/02
SCALE
AS NOTED
DATE
02/02
NOT VALID SiGNATlJI~E AND
WITI~ .T THE.'
THE ORIGINAL RAISED SEAL OF A' FLORIDA
LICENSED SU R VEYO~/':AND J~I,'~P P ER
SKETCH AND DESCRIPTION
WlLKISON &c
ASSOCIATES
INC. 1
ENGINEERS, SURVEYORS AND PLANNERS
3506 EXCHANGE AVE. NAPLES, FLA. 34104
(941) 643-2404 FAX NO. (941) 643-5173
FLORIDA BUSINESS UCENSE NO. LB5770
SEC/SUB
30/48/27
SHEET
1 OF1
W.O. NO. DRAWN BY FILE NAME
0014.1
FB PO
EAW
CHECKED' BY
DJH
115A.D WG
DWO, NO.
IR-L-115A ,j
~oo' R/W
NORTH ,LINE OF SECTION 30
IMMOKALEE ROAD
--'- -- S.R. 846
DESCRIPTION:
The Northerly 188.78 feet, of the East 10.00
feet, of the Northwest 1/4, 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 0.021 acres
more or less.
EXHIBIT
0 50 100 150
NOT TO SCALE:
Notes:
1. This is not o survey.
2. Basis of bearing is N/A.
3. Subject to easements,
reservations and restrictions of
record.
P.O~EC~ .0.: ~0018 I ,,*CEL .0., 118C
WilsPnMille'F" --
Sep 27, 2002 - 15:48:40 MLAblURElZ:\survdwg\lmmokolee Ro,u6\llSC.dw,
CL,".T; COLLIP_.R COUNTY DEPAITI'MENT
OF= TRANffi'POFITA TION
TITLE:
DATE:
BKE'I'CH AND DE~CRIFrT'ION
PROdECT NO.: SHEET NUU~ER:
040/4-00/-000 I or I
FILE
EXHIBIT
~oo' R/w
_~-'- NORTH LINE OF SE__.._CTION 3..___0
IMMOKALEE ROAD
-- S.R. 846
N
0 50 100 150
NOT TO SCALE:
Notes:
DESCRIPTION:
The Southerly 78.00 feet Northerly 178.00
feet, of the Westerly 10.00 feet of the, of
the Northeast 1/4, of the Northeast 1/4,
Section .30, Township 48 South, Range 27
East, Collier County, Florida.
AND:
The Southerly 88.20 feet of the Northerly
188.20 feet, of the Easterly 10.00 feet, of
the Northwest 1/4, of the Northeast 1/4,
Section .30, Township 48 South, Ronge 27
East, Collier County, Florida. Containing 0.0.38
acres more or less.
1, This is not o survey.
2. Basis of bearing is N/A.
3. Subject to easements,
reservations and restrictions of
record.
REUSED
OR THE FIRM)
FLA. LIC. NJ3. 583~7 '
NOT VALID WlTHO~F THE SIGNATURE AND
THE ORIGINAL'RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
WilspnMiller .......
, az/a2 o,~o~,~-oo~-ooo t or ~ 'R'L- 129r_'
vlOO' R/W
NORTH LINE OF SECTION 30:
IMMOKALEE
ROAD
S.R. 4.6
FEE SIMPLE INTEREST
PARCEL #136
EXHIBIT
N
10' ,(Sro
0 50 100 150'
d
NOT TO SCALE:
Notes:
DESCRIPTION:
1. This is not a survey.
The Northerly 177.73 feet, of the East 10.00
feet, of the Northeast 1/4, less the North
100.00 feet previously dedicated for State
Highway #846, Section 50, Township 48
South, Range 27 East, Collier County, Florida.
Containing 0.018 acres more or less.
SCALE
AS NOTED
2. Basis of bearing is N/A.
3. Subject to easements,
reservations and restrictions of
...
RVEYOR'-AND' BAPPER
SKETCH AND DESCRIPTION
WILKISON &
ASSOCIATES
INC. I
ENGINEERS, SURVEYORS AND PLANNERS
3506 EXCHANGE AVE. NAPLES, FLA. 34104
(94-1) 643-2404 FAX NO. (941) 643-5173
FLORIDA BUSINESS LICENSE NO. LB5770
SEC/SUB
30/48/27
DATE SHEET
02/02
1 OF1
W,,O. NO. DRAWN BY
0014.1 RAW
FB PG CHECKED BY
DJH
FILE NAME
136.DWG
DWO. NO.
IR-L-156