Parcel 155COLLIER COUNTY TRANSPORTATION DIVISION
DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT
RIGHT-OF-WAY ACQUISITION OFFICE
MEMORANDUM
DATE:
TO:
FROM:
March 2-q, 2004
Sue Filson, Executive Manager - BCC
File t.~
Lorraine Lantz, Right-of-Way Property Acquisition Specialis
Phone number: 239-213-5843
Vanderbilt Beach Road (Parcel #155 - Folio Number 41829400002)
Attached please find the original Purchase Agreement for Vanderbilt Beach Road -
Project 63051 for execution by Commissioner, Donna Fiala, Chairman.
This property is part of the acquisition approved by the BCC pursuant to a Gift and
Purchase Resolution No. 2002-463, dated November 5, 2002 the Agenda Item Number was 10-
B. The Account Number is 313 163673
Please sign this Agreement on behalf of the BCC and forward to the Board Minutes and
Records for attestation by the Clerk.
Thank you!
PROJECT:
PARCEL No:
FOLIO No:
Vanderbilt Beach Road, 63051
155
41829400002
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this '~ day of March , 2004 , by and between
TYKIE THEOFILOS AND CHRYSOULA T. THEOFILOS, husband and wife
(hereinafter collectively referred to as "Owner"), whose address is 652 Thorn Dr. NE,
Warren, OH 44484, 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:
1. Owner shall convey the Property to Purchaser for the sum of $37,324.00, 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 and all damages resulting to Owner's remaining lands, and for any and all
other damages in connection with conveyance of said Property to Purchaser, as
provided by law. Property Owner shall also be entitled to statutory attorney fees in
the amount of $1,558.92 payable to Gaylord, Merlin, Ludovici, Diaz & Bain;
Professional Services in the amount of $100.00 payable to Missimer and
Associates, Inc.; and for real estate appraisal services in the amount of $1,500.00
payable to Calhoun, Collister & Parham, Inc. Owner hereby authorizes Purchaser
to make payment in the amount of $40,482.92 to American Acquisition Title, Inc.,
as settlement agent for the disbursement of proceeds incident to said sale and
conveyance of the Property. It is mutually understood that the Property is being
acquired under threat of condemnation.
2. 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.
3. 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.
Purchase Agreement
Purchase Agreement
Page 2
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.)
9. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this ~ day of ,20 .....
Property acquisition approved by BCC pursuant to Resolution No. 2002-463, dated
November 5, 2002.
AS TO PURCHASER:
DATED:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchase Agreement
Page 3
AS TO OWNER:
OATE~T~'~ t/~'~ ~O~J
i",f.~'~M:'z..q.Z~ L,,'c'~/~-'-'''-- ~-'v~i~ T~FILOS~
~ess (Signature) ~"~ ~"~'~ "'~ --'
- _
~ame (Pdnt or Type)~ ~ . f ~ ~
Witness ~ignature) ~1
Name (Print or Type)
Wit~eSs (Signature)
.~,
Witness (Signature)
~ame ~Pfint or Type)
Approved as to form and
legal sufficiency:
Ellen T. Chadwell
Assistant County Attorney
Agenda
Date I I - ~,' 0 2..
Date
epub/Clerk
EXHIBIT
Page._.1._ of_
VANDERBILT BEACH ROAD
EXISTING 170' ROW
S89'54'05"E 420.04'
PARCEL 155
Z
TRACT 95
N
0 40' 80' 120'
SCALE: 1"= 80'
FEE SIMPLE
INTEREST
Notes:
1. This is not a survey.
2. Basis of bearing is
the South line of
Vanderbilt Beoch Road
being S 89'54'05" E,
Florida State Plane
Coordinates NAD 85/g0,
East Zone.
5:5. Subject to
easements, reservations
and restrictions of
record.
4. Easements shown
hereon are per plat,
unless otherwise noted.
DESCRIPTION:
The Northerly 45.00 feet of Tract 95,
Golden Gate Estates, Unit 95, as recorded
in Plat Book 9, Page 45, of the Public
Records of Collier County, Florida.
Containing 18,902.05 square feet or 0.454
acres more or less.
REVISED PARCEL 04/24/03
.RO~C~ .o.; 6305/ J P^.c~ .o.; 155
WilspnMiller
~l~B~/l~m II~ la3 · ~,'~NII~¢I~-/~ ~*...~4~:~ .~ ~ '~ ==-:~;,~--~
~p~ ~9, 2003 - 0~5~i4B MLAMUREIX~NSURNO4~4NVAN~YNIL37~-~'dwg
CUENT=
D^3E:
5. ROW represents Right
of Way.
6. Portion of Section 4,
Township 49 South,
Range 26 East.
UTWELL, P.$.M, (FOR THE,FIRM)
O. 59.34' '.
(DATE SIGNED)
N~T V~LID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CERTIFICATE OF AUTHORIZATION LB #43
~KErCH AND DESCRIPTION
NO,:
SHEET NUMBER= FILE
~ OF XX 1L".372