Parcel 127 and 727
Memorandum
FROM:
Sue Filson
Executive Manager
Board of County Commissioners
Debbie Armstrong óf.
Sr. Property Acquisition Specialist
Transportation - Right-of-Way Office
TO:
DATE:
June 14, 2004
RE:
Immokalee Road, Project No. 66042
Parcels 127 and 727
Transmitted for your further handling is a Purchase and Easement Agreement for
acquisition of Parcels 127 and 727 required for the Immokalee Road improvements
project, which the Board authorized the Chairman to execute on its behalf on
September 24, 2002, Resolution 2002-417 Item 101.
Please have the Chairman execute the attached Purchase and Easement Agreement
and forward to the Clerk for attestation. The instrument may then be returned to this
office.
Please do not hesitate to call (213-5874) if you have any questions or if I may be of any
assistance. Thank you.
Than k you.
Attachment
Transportation Right-at-Way Office
PROJECT: 66042
PARCEL Nos.: 127 and 727
FOLIO No: 4800050009
PURCHASE and EASEMENT AGREEMENT
THIS PURCHASE AGRfi:F~ENT (her . after referred to as the "Agreement") is
made and entered into this .J.J2tl! day of ' 2004, by and between
GULF COAST CENTRE CONDOMINIUM SSOCIATION, INC., a Florida Not-For-
Profit Corporation, (hereinafter referred to as "Owner"), whose address is 2180
Immokalee Road, Suite 308, Naples, FL 34110 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",
referred to as Project Parcel No. 127 (hereinafter referred to as the "Property"), and
Purchaser requires a Temporary Construction Easement over, under, upon and across
the lands described in Exhibit "A", referred to as Project Parcel No. 727; (hereinafter
referred to as the "Easement"). Exhibit "A" is attached hereto and made a part of this
Agreement; and
WHEREAS, Owner desires to convey the Property and to grant the Easement 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 and the grant of said Easement;
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 described in Exhibit "A" referred to as Project
Parcel No. 127 and grant a Temporary Construction Easement over) unde~ upon
and across the lands described in Exhibit "A" referred to as Project Parcel No. 727
to Purchaser for the sum of $11,300.00 payable by County Warrant (said
transaction hereinafter referred to as the "Closing"). Said payment shall be full
compensation for the Property conveyed and the Easement granted, 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 and grant of said Easement to
Purchaser, including expert witness fees and costs as provided for in Chapter 73,
Florida Statutes. Purchaser agrees to pay Owner's attorney fees to review
conveyance documents, not to exceed $500.00. The Owner hereby authorizes
Purchaser to make payment in the amount of $11,300.00, (plus attorney's fees if
any, not to exceed $500.00) to Action Title Services, 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
Page 2
Purchase Agreement
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 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.
6. 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 5. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
7. Purchaser shall pay for all recording fees for the Warranty Deed and Easement,
and for any and all costs and/or fees associated with securing and recording any
Partial Release(s) of any mortgage(s) recorded against the property, and for the
fees to record any curative instruments required to clear title, except for any and
all costs and expenses required to secure and record releases and/or satisfactions
from judgment creditors, which fees, costs and/or expenses shall be the
responsibility of the Owner.
8. 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.
9. 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.)
Page 3
Purchase Agreement
10. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
11. Purchaser shall pay any and all costs and expenses required to relocate all
signage, if any, that may be located within or on the Property being conveyed to
Purchaser.
IN.JjVITNES~EREOF. the parties hereto have executed this Agreement on
this ~ day of l.IAJ2 ' 2004.
Property acquisition approved by BCC pursuant to Resolution No. 2002-417, Item 10-1,
dated 9/24/02.
AS TO PURCHASER:
DATED: (g-\L\-ðl.(-
ATTEST: \\\I,,,It I
DWIGI~:p,'~~ijffit~~~",clerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER iTY. FLORIDA _
BY: ~~ _~A4.
Donna F ala, Chairman
~:
AS TO OWNER:
GULF COAST CENTRE CONDOMINIUM
ASSOCIATION, INC., A Florida Not-For-
Profit Corporation
DATED:]VÞ<.J2-((J¡ 2-aó ~I
]jP~O~ ~
Witness (Signature)
By:
Willi
te4tlJe ~dÞl
Name (Print or Type)
~~)
~G -tLl-Ð~
Name (Print or Type)
Approved as to form and
legal sufficiency:
fu- V~·
Ellen T. Chadwell
Assistant County Attorney
____".._._~_.._~,__..ø,,~,&..~__-~--·-'-'-,··-..·-
HM
HOLE MONTES
ENGINEERS PLANNERS· SURVEYORS
950 Encore Way' Naples, Florida 34110 . Phone: 239.254.2000 . Fax: 2392542075
EXH'BIT..A...
P.....l.- of L.\
HM PROJECT #2000067
3/17/04
REF. DWG. #B-3637-2
PARCEL NO. 127
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.01°20'03"E., ALONG THE EAST LINE
OF THE NORTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 150.00 FEET TO A POINT ON
THE SOUTHERLY RIGHT -OF- WAY LINE OF IMMOKALEE ROAD; THENCE RUN S.89°13 '25"W., ALONG THE
SOUTHERLY RIGHT -OF- WAY LINE OF IMMOKALEE ROAD, FOR A DlST ANCE OF 133.70 FEET TO THE
POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.00046'35"E., FOR A
DISTANCE OF 2.81 FEET; THENCE RUN S.44°13'34"W., FOR A DISTANCE OF 10.79 FEET; THENCE RUN
S.89013'34"W., FOR A DISTANCE OF 5.16 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF
pARNU STREET AS THE SAME IS SHOWN ON THE PLAT OF SOUTHWIND ESTATES ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 11 AT PAGES 16 AND 17 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA; THENCE RUN N.oo046'35"W., ALONG THE EASTERLY RIGHT-OF-WAY LINE OF PARNU
STREET, FOR A DlST ANCE OF 10.44 FEET TO A POINT ON THE SOUfHERL Y RIGHT -OF- WAY LINE OF
IMMOKALEE ROAD; THENCE RUN N.89°13 '25"E., ALONG THE SOUfHERL Y RIGHT -OF-W A Y LINE OF
IMMOKALEE ROAD FOR A DlST ANCE OF 12.79 FEET TO THE POINT OF BEGINNING; CONT AINlNG 104.4
SQUARE FEET, MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.89°13'25"E.
HOLE MONTES, INC.
CERTIFICATION OF AUTHORIZATION LB #1772
BY. iJ~_/LL ðWj~/I~/ p.S.M.#5628
THOMAS~ STATEOFFLORlDA
W:\1000\1000067\L£GALDESB3637 -2.doc
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HOLE MONTES
ENGINEERS PLANNERS· SURVEYORS
EXHIBIT .JL
page...3- of...:L
950 Encore Way' Naples, Florida 34110' Phone: 239.254.2000' Fax: 239.254.2075
HM PROJECT #2000067
3/17/04
REF. DWG. #B-4473-1
PARCEL NO. 727
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 26. TOWNSHIP 48 SOUTH.
RANGE 25 EAST, COWER coUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCE AT TIlE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECfION 26, TOWNSHIP 4'
smITH, RANGE 25 EAST, COLLIER coUNTY, FLORIDA; THENCE RUN S.OI'20'03"E" ALONG THE EAST LINE
OF THE NORTHWEST QUARTER OF SAID SECTION 26. FOR A DlST ANCE OF 150.00 FEET TO A POINT ON
THE SOUTHERL Y RIGHT -OF- WAY LINE OF IMMOKALEE ROAD AND THE POINT OF BEGINNING OF THE
PARCEL OF LAND HEREIN DESCR1I!ED; THENCE CONTINUE S.OI '20'03''E., ALONG THE EAST LINE OF TIlE
NORTIIWEST QUARTER OF SAID SECTION 26, FOR A DlST ANCE OF 5.00 FEET; THENCE RON S.'9'I3'25"W"
FOR A DISTANCE OF 135.94 FEET; THENCE RUN N.44°13'34"E.. FOR A DISTANCE OF 3.10 FEET; THENCE
RUN N.00'46'35"W., FOR A DISTANCE OF 2.Sl FEET TO A pOINT ON THE SOUTHERLY RIGHT ·OF·W A Y LINE
OF IMMOKALEE ROAD; THENCE RUN N.89'I3 '25''E., ALONG THE SOUTHERLY RIGHT ·OF·W A Y LINE OF
IMMOKALEE ROAD FOR A DIST ANCE OF 133.70 FEET TO THE POINT OF BEGINNING; CONT A1NlNG 671.0
SQUARE FEET, MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS. RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 26. TOWNSHIP 48
SOUTH. RANGE 25 EAST, COLLIER COUNTY, FLORIDA. AS BEING N.89°13'25"E.
HOLE MONTES, INC.
CERTIFICATION OF AUTHORIZATION LB #1772
By~#1~~
THOMASM. MlJRP
p$.M. #5628
STATE OF FLORIDA
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