Parcel 162MEMORANDUM
DATE: August ~[5, 2003
TO: Ms. Sue Filson, Administrative Assistant
FROM: ~kX~Margaret J. Kreynus, Acquisition Specialist
RE: Easement Agreement
Vanderbilt Beach Road - 63051, Parcel No. 162
Betty Hardesty Lawson, Trustee of the Betty Hardesty
Lawson Trust
Attached is a copy of the Easement Agreement in the amount of $19,000.00 ready for
execution by Chairman Tom Henning. This represents a settlement in the amount of the
County's offer.
Resolution No. 2002-463, adopted by the Board of County Commissioners on November
5, 2002 (agenda item no. 10-B), authorized the acquisition of easements and/or fee simple
parcels required for the construction of the six lane improvements to Vanderbilt Beach
Road, and further authorized its Chairman to execute various Agreements on behalf of the
Board. Most recently, June 24, 2003, the Board adopted Resolution No. 2003-231
(agenda item no. 10-D) authorizing the acquisition of right-of-way by condenmation, if
necessary. Please ask Chairman Henning to execute the attached Easement Agreement
on behalf of the Board of County Commissioners, and forward to the Clerk of Minutes
and Records for attestation. Thank you.
PROJECT: Vanderbilt Beach Road - 63051
PARCEL No: 162
FOLIO No: a portion of 36661440002
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (her.einafter referred to as the "Agreement") is
made f~'
and entered into this "~ - day of.,.~;~~ , 2003, by and between
BETTY HARDESTY LAWSON, TRUSTEE ~F THE BETTY HARDESTY LAWSON
TRUST, DATED NOVEMBER, 200'1, (hereinafter referred to as "Owner"), whose
address is 501 Berland Way, Chula Vista, CA 91910-6424, 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 $19,000 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
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
10.
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.
11.
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 2ri~ day of (~u~,~ ,2003.
Property acquisition approved by BCC pursuant to Resolution No. 2003-231, June 24th,
2003.
AS TO PURCHASER:
DATED: ~- 2~ -0_.%
ATTEST: bOARD Of COUNTY COMiViiSSIONERS
DWIGHT F~;.~I~CK, Clerk COLLIER cOUnTY, FLORIDA
'~ :" , ~:ep~]¥ ~Ierk TOM HENNING,
AS TO OWNER:
DATED:
Witn;ss (,~,u~e)""'u
~itness (Signature)
N~me (Print or t~pe)
i~ E'i-'i'Y/~-1/~,IS, DESi-Y~ LA~S-C~N, :f:ruSt~TM
of the Betty Hardesty Lawson Trust,
Dated November, 2001
Approved as to form and
legal sufficiency:
"E'i~en T. Chadwell ....
Assistant County Attorney
INTEREST
DERBILT BEACH ROAD
EXISTING 145' ROW
..tO' DRAINAGE
s8g'o5'oO"E 180.01'
180.00'
IACT 24
b
.~-
0
0
DESCRIPTION:
The Northerly 60.00 feet of The East 180
feet of Tract 24, Golden Gate Estates, Unit
2, os recorded in Plot Book 4, Page 75, of
the Public Records of Collier County,
Florida. Containing 0.248 acres more or
less.
N
0 40' 80' 120'
SCALE: 1"w, 80'
Notes:
1. This is not a survey.
2. Basis of bearing is
plat.
3. Subject to
easements, reservations
and restrictions of
record.
4, Easements shown
hereon are per plat,
unless otherwise noted.
5. ROW represents Right
of Way.
EXHIBIT__.~_
Page...L.. aL_L_
DAVID U. H/Y/ATT. p.~[ (~'OR THE FIRM)
F,L~. UC. ~o. 583'4'
t - / '~,;~, (DATE sIGNED)
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
FOLIO NO. ~ L~ J/J)-'-)-L)L~