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Unit 19, Tract 126/Nguyen Memorandum TO: Minutes & Records Management FROM: Hans Russell Sr. Property Acquisition Specialist Real Estate Services DATE: May 18,2004 RE: Public Utilities-- Tamiami Wellfield Reliability--Land Purchase Northwest Comer, Wilson Boulevard and 14th Avenue NW Parcel #37549080004 Please find attached one (1) original recorded Warranty Deed for the above referenced project together with one (1) original Agreement for Sale and Purchase. The Board of County Commissioners of Collier County, Florida approved the purchase on March 9, 2004, Item 16(C)(3). Please contact me if you have any questions or comments at Extension 2623. Attachment as stated cc: Property Appraiser's Office w/attachment (deed only) Tax Collector's Office w/attachment (deed only) Inventory File w/attachment 70/5'8. o:¡ - - PROJECT: Tamiami Wellfield Reliability PROJECT NO: 701581 FOLIO NO: 37549080004 3382637 OR: 3545 PG: 1798 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, PL 04/20/2004 at 08:09AM DWIGHT E. BROCK, CLERK CONS 77560.00 REC FEE 15.00 DOC-,70 543.20 COPIES 3.00 Retn: PliED INTBROFFICB 732-2623/RUSSBLL L3 pr.,'rM by: E'1en T. Chadwe". Esquire Office of the County AttorReJ 3301 East Ta",i.:,.~i fran ..,1es. Florida 34112 (941) 774-8400 WARRANTY DEED n~ ... ~ .~~ ~~u~ ~I<.ø 5" THIS WARRANTY DEED is made this / 3 day of (!.¡A.I L , 2004, by LlNH T. NGUYEN, alkla l YN NGUYEN, whose post office address is 596 99th Avenue North, Naples, Florida, 34108 (hereinafter referred to as "Grantor") , to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, 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 HOMESTEAD property. 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. THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS COlLIER COUNTY. FLORIDA. PURSUANT TO AGENDA. OATED: 3/q/oLj ITEM NO. /be. 3 Warranty Deed Page Two--Folio No. 37549080004 WITNESSES: (¿~~ First Witness Signature r? I/- Ad:- ¿¿; '¿,- I ~'-J /fA. ~ ü'L. Print Name e d itness Signature :J:EÇF~ ~r()it/ Print Name STATE OF FLORIDA COUNTY OF COLLIER - OR: 3545 PG: 1799 ( Linh T. Nguyen, a/k/a The foregoing Warranty Deed was acknowledged before me this /:) day of fiJ>A-i ~. , 2004, by Linh T. Nguyen, a/k/a Lyn Nguyen, who is personally known to me or who has produced /)LIV4¿ l-u....c..c- as identification. (Affix Notarial Seal) ",\!,IIII", JJI_- *11- .:t~~y PfJ. '~ - .-u.u::n i!m";~ Crml hi""" 0012844:: ~~ if§ ExpfœaU; 4. 2006 ~!"~ ~;:: ....-. ~-OF f\.\);"'" u~ u """", AtIat:Idc Boadfng C:.. !::~ tØ- ,gnature of Notary Public ~#$ t... J::J ~t..e-- Print Name of Notary Public NOTARY PUBLIC Serial/Commission #: lJ.D /:J.. /!J ""2- My Commission Expires:.4v1 t{. 2... ,,6 - - x** OR: 3545 PG: 1800 *** PROJECT: Tamiami Wellfield Reliability PROJECT NO: 701581 FOLIO NO: 37549080004 EXHIBIT "A" The South 180 feet of Tract No. 126, Golden Gate Estates, Unit 19, according to the Plat thereof as recorded in Plat Book 7, at Pages 77-78, of the Public Records of Collier County, Florida. Subject to the Easements, Restrictions and Reservations of record. The foregoing being all and the same lands and premises conveyed from Christina H. Carlee, f/k/a Christina H. Hopkins, to Linh T. Nguyen by Indenture dated August 30, 1988 and recorded September 2, 1988 at O.R.Book 1377, Page 2037, Collier County, Florida. PROJECT: Tamiami Wellfield New Leg FOLIO NO: 37549080004 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this 9771 day of 1'1" 12 LH , 2004, by and between Linh T. Nguyen (hereinafter referred to as "Owner"), and the Board of County Commissioners Of Collier County, Florida, As The Governing Body of Collier County And As Ex-Officio The Governing Board Of The Collier County Water-Sewer District, 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; 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 via Warranty Deed for the sum of Seventy-Seven Thousand, Five Hundred Sixty and 00/100 Dollars ($77,560.00), 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. 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. Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; 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. 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. Purchase Agreement Page 2 6. 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. 7. 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. 8. 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. 9. 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 97lf day of J11 J4 [è CH ,2004. Date Property acquisition approved by BCC: 03/09/07' AS TO PURCHASER: DATED:~ . D.c Yflerk BOARD OF COUNTY COMMISSIONERS COLLIER C NTY, FLORIDA ~d. DATED: ¡;./q /0 Lj , / C~~ Witness (Signatur~ Name:L:'h4~L~ vMnii-L (Print or Type) r¿~ r ~ (YGtitn ss ( ignature) Name: ~~f',c~(,-..( T poCd)olf/ (Print or Type) ti~:~/ LYN I\jGnJYE/'J Approved as to form and legal sufficiency: ktJ~ Ellen T. Chadwell Assistant County Attorney Item# \(PC3 ~~~~da3.q -oi g:;~d 3~-O4- .c. PROJECT: Tamiami Wellfield New Leg FOLIO NO: 37549080004 EXHIBIT IIAII The South 180 feet of Tract No. 126, Golden Gate Estates, Unit 19, according to the Plat thereof as recorded in Plat Book 7, at Pages 77-78, of the Public Records of Collier County, Florida. Subject to the Easements, Restrictions and Reservations of record. The foregoing being all and the same lands and premises conveyed from Christina H. Carlee, f/k/a Christina H. Hopkins, to Linh T. Nguyen by Indenture dated August 30, 1988 and recorded September 2, 1988 at O.R.Book 1377, Page 2037, Collier County, Florida.