Allen Purchase Agreement & Warranty Deed
CONSERVATION COLLIER
Tax Identification Numbers: 00144200009,00144800001,00143120009, 00145000004, 00144880005 & 16 A
00144840003 , 5
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between Christopher L.
Allen and Carolyn Sue Allen, whose address is 555 Hickory Road, Naples, FL
34108, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political
subdivision of the State of Florida, its successors and assigns, whose address is 3301
Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described in Exhibit "A", attached hereto and made a part hereof by
reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the
conditions and other agreements hereinafter set forth, and Seller is agreeable to such
sale and to such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the
respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars
($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as
follows:
I. AGREEMENT
1.01 In consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from
Seller the Property, described in Exhibit "A",
1.02 Both parties' obligations under this Agreement are contingent on the prior or
simultaneous closing of Purchaser's purchase of the following tracts of real property
(collectively the "Adjacent Parcels") that are adjacent to the Property (as described by
the following Tax Identification Numbers): (Livingston) 00144640009, 001456810009,
00145680204, (Hains Tr.) 00144440005, 00145480006, & (Kraus Tr.) 00144920004.
Purchaser warrants to and covenants with Seller that Purchaser shall diligently pursue
the purchase of the Adjacent Parcels, and shall timely fulfill each of Purchaser's
obligations under the respective purchase contracts for the Adjacent Parcels.
1.03 If Purchaser, despite Purchaser's diligent good faith efforts, is unable to
successfully acquire the Adjacent Parcels within Ninety (90) days of the Board of
County Commissioners' execution of this Agreement, this Agreement will terminate and
the respective parties hereto will have no further liability or obligation to each other.
Termination pursuant to this section will not entitle Seller to liquidated damages under
Section 9.02 of this Agreement; provided that a default by Purchaser under any contract
for the purchase of the Adjacent Parcels shall be a default under this Agreement.
1.04 At or prior to Closing, Seller shall cancel any and all application submittals to any
governmental entity for zoning changes, development approvals, or permitting, and
shall satisfy in full any Seller commitments, fees, and/or other obligations related to or
encumbering the Property.
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be Eight Million
Five Hundred Sixteen Thousand Dollars ($8,516,000), (U.S. Currency) payable at
time of closing.
1
CONSERVATION COLLIER
Tax Identification Numbers: 00144200009,00144800001,00143120009, 00145000004, 00144880005 &
00144840003
16A5
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of
the transaction shall be held within Ninety (90) days following execution of this
Agreement by the Purchaser, unless extended by mutual written agreement of the
parties hereto. The Closing shall be held at the Collier County Attorney's Office,
Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be
followed by the parties in connection with the Closing shall be as follows:
3.011 Seller shall convey marketable title of the Property to Purchaser free
of any liens, reservations, or encumbrances. Marketable title shall be
determined according to applicable title standards adopted by the Florida
Bar and in accordance with law. At the Closing, the Seller shall cause to
be delivered to the Purchaser the items specified herein and the following
documents and instruments duly executed and acknowledged, in
recordable form:
3.0111 Warranty Deed (the "Deed") in favor of Purchaser
conveying title to the Property, free and clear of all liens and
encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
3.0112 Combined Purchaser-Seller closing statement.
3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit,"
as required by Section 1445 of the Internal Revenue Code and as
required by the title insurance underwriter in order to insure the
"gap" and issue the policy contemplated by the title insurance
commitment.
3.0114 A W-9 Form, "Request for Taxpayer Identification and
Certification" as required by the Internal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be
delivered to the Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amount
equal to the Purchase Price. No funds shall be disbursed to Seller
until the Title Company verifies that the state of the title to the
Property has not changed adversely since the date of the last
endorsement to the commitment, referenced in Section 4.011
thereto, and the Title Company is irrevocably committed to pay the
Purchase Price to Seller and to issue the Owner's title policy to
Purchaser in accordance with the Commitment immediately after
the recording of the deed.
3.0122 Funds payable to the Seller representing the cash payment
due at Closing in accordance with Article III hereof, shall be subject
to adjustment for prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at
its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating
to the recording of the Deed, in accordance with Chapter 201.01, Florida Statutes, and
the cost of recording any instruments necessary to clear Seller's title to the Property.
The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment
provided for in Section 4.011 below, shall be paid by Purchaser. All costs and fees
associated with the Commitment and Purchaser's acquisition and/or development loan,
if any, shall be paid by Purchaser.
2
CONSERVATION COLLIER
Tax Identification Numbers: 00144200009,00144800001,00143120009, 00145000004, 00144880005 &
00144840003
16A5
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property
taxes shall be prorated based on the tax amount for 2003 and paid by Seller.
IV. REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall perform
the following within the times stated, which shall be conditions precedent to the Closing;
4.011 Within Fifteen (15) days after the date hereof, Purchaser shall
obtain as evidence of title an AL TA Commitment for an Owner's Title
Insurance Policy (AL TA Form B-1970) covering the Property, together with
hard copies of all exceptions shown thereon (the "Commitment").
Purchaser shall have Forty-five (45) days, following receipt of the title
insurance commitment, to notify Seller in writing of any objection to title
other than liens evidencing monetary obligations, if any, which obligations
shall be paid at closing (the "Title Objections").
4.012 Upon notification of Purchaser's Title Objections, Seller shall have
thirty (30) days to remedy, at its sole expense and using diligent, good
faith efforts, any such Title Objections as Seller decides, in Seller's sole
discretion, to cure. In the event Seller is unable or unwilling to cure said
Title Objections within said time period, Purchaser, by providing written
notice to Seller within seven (7) days after receipt of Seller's notice
thereof, may accept title as it then is, waiving such Title Objections, or
Purchaser may terminate the Agreement. Seller's failure to respond to
any request by Purchaser to cure any Title Objections shall be deemed an
election by Seller to not cure any such Title Objections.
4.013 Purchaser shall have the option, at its own expense, to obtain a
current survey of the Property prepared by a surveyor licensed by the
State of Florida. No adjustments to the Purchase Price shall be made
based upon any change to the total acreage referenced in Exhibits "A," if
any. If the survey obtained by Purchaser, as certified by a registered
Florida surveyor, shows: (a) an encroachment onto the Property; or (b)
that an improvement located on the Property projects onto lands of others,
or (c) lack of legal access, the Purchaser shall, within the Forty-five (45)
day title objection period set forth in Paragraph 4.011 of this Agreement,
notify the Seller in writing of the encroachment, projection or lack of legal
access, and Seller shall treat iUthem as Title Objections. Purchaser must
raise any objections arising from matters revealed by Purchaser's survey
within the 45 day title objection period set forth in Paragraph 4.011 of this
Agreement or such objections are waived. Purchaser agrees and
acknowledges that the standard survey exceptions contained in the
Commitment shall be included in the owner's policy to be issued to
Purchaser unless Purchaser obtains a current survey of the Property that
meets Florida's minimum technical standards for surveys and is certified to
Purchaser, Purchaser's lender, if any, Title Agent, and the title insurance
underwriter.
V. INSPECTION PERIOD
5.01 Purchaser shall have Sixty (60) days from the date of this Agreement
("Inspection Period") to determine through appropriate investigation that the Property
can be utilized for its intended purpose as county conservation lands, and is in
compliance with all applicable State and Federal environmental laws and free from any
pollution or contamination. Seller, to the best of Seller's knowledge, has delivered to
Purchaser copies of all previously obtained due diligence documents with respect to the
Property, including without limitation all surveys, environmental assessments, soil tests,
endangered species assessments, and related tests, summaries, or documents in the
3
CONSERVATION COLLIER 1
Tax Identification Numbers: 00144200009,00144800001,00143120009, 00145000004, 00144880005 & 6 A 5
00144840003
actual possession of Seller. Purchaser acknowledges receipt of such due diligence
documents from Seller.
5.02 Purchaser may terminate this Agreement by written notice to Seller before
expiration of the Inspection Period in Purchaser's sole discretion and without reason. If
Purchaser fails to properly terminate this Agreement before expiration of the Inspection
Period, it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencies of this Article V shall be deemed waived. In the
event Purchaser elects to terminate this Agreement because of the right of inspection,
Purchaser shall deliver to Seller copies of all due diligence and inspection documents
obtained by Purchaser with respect to the Property during the Inspection Period (the
"Diligence Documents"), including without limitation all engineering reports and
environmental and soil testing results.
5.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting non-destructive site analyses, and reasonably necessary investigation.
Purchaser shall, in performing such tests, use due care. Seller shall be notified by
Purchaser no less than twenty four (24) hours prior to said inspection of the Property. If
Purchaser terminates this Agreement in accordance with its terms, Purchaser shall pay
in full the cost of all inspections, reports, surveys, and tests of any kind resulting from
Purchaser's inspection so that no person, firm, or entity shall have the right to file a lien
on the Property. Purchaser or Purchaser's agents shall not conduct any inspection so
as to cause damage to the Property, and Purchaser shall restore the Property to its pre-
inspection condition not later than ten (10) days after any such damage occurs. This
provision shall survive termination of this Agreement.
VI. INSPECTION
6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the
right to inspect the Property at any time prior to the Closing.
VII. POSSESSION
7.01 Purchaser shall be entitled to full possession of the Property at Closing.
VIII. PRORATIONS
8.01 DELETED.
IX. TERMINATION AND REMEDIES
9.01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of written
notification of such failure, Purchaser may, at its option, terminate this Agreement by
giving written notice of termination to Seller. Purchaser shall have the right to seek and
enforce all rights and remedies available at law or in equity to a contract vendee,
including the right to seek specific performance of this Agreement.
9.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination and Purchaser fails to close the transaction
contemplated hereby, or in the event Purchaser fails to perform any of the other terms,
covenants and conditions of this Agreement following ten (10) days notice and
opportunity to cure, then Seller, as its sole remedy, shall have the right to cancel this
Agreement for such default, in which case Purchaser shall pay to Seller the sum of
Eighty Thousand Dollars ($80,000) as agreed-upon liquidated damages. In the event of
a suit by Seller to enforce its rights under this Paragraph 9.02, the prevailing party or
parties shall be entitled to recover reasonable paralegal and attorneys' fees and other
costs incurred in that action or proceeding, including those related to appeals. The
terms of this Paragraph 9.02 shall survive termination of this Agreement.
4
CONSERVATION COLLIER 16 A
Tax Identification Numbers: 00144200009,00144800001,00143120009, 00145000004, 00144880005 & 5
00144840003
9.03 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies to
each of the parties, and take into account the peculiar risks and expenses of each of the
parties.
X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
10.01 Seller and Purchaser represent and warrant the following:
10.011 Seller and Purchaser have full right and authority to enter into and
to execute this Agreement and to undertake all actions and to peñorm all
tasks required of each hereunder, Seller is not presently the subject of a
pending, threatened or contemplated bankruptcy proceeding.
10.012 Seller has full right, power, and authority to own and operate the
Property, and to execute, deliver, and peñorm its obligations under this
Agreement and the instruments executed in connection herewith, and to
consummate the transaction contemplated hereby, All necessary
authorizations and approvals have been obtained authorizing Seller and
Purchaser to execute and consummate the transaction contemplated
hereby. At Closing, certified copies of such approvals shall be delivered to
Purchaser and/or Seller, if necessary.
10.013 The warranties set forth in this Article shall be true on the date of
this Agreement and as of the date of Closing. Purchaser's acceptance of
a deed to the said Property shall not be deemed to be full peñormance
and discharge of every agreement and obligation on the part of the Seller
to be peñormed pursuant to the provisions of this Agreement.
10.014 Seller represents that it has no knowledge of any actions, suits,
claims, proceedings, litigation or investigations pending or threatened
against Seller, at law, equity or in arbitration before or by any federal,
state, municipal or other governmental instrumentality that relate to this
agreèment or any other property that could, if continued, adversely affect
Seller's ability to sell the Property to Purchaser according to the terms of
this Agreement.
10.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof,
10.016 Until the date fixed for Closing, so long as this Agreement remains
in force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such
conveyance, encumbrance, or agreement which consent may be withheld
by Purchaser for any reason whatsoever.
10.017 Seller represents that Seller has no knowledge of: any
incinerators, septic tanks or cesspools on the Property; any waste being
discharged from the Property into any disposal system or receptacle other
than a public sanitary sewer system; any pollutants are or have been
discharged from the Property, directly or indirectly into any body of water;
any prior or present use of the Property for the production, handling,
storage, transportation, manufacture or disposal of hazardous or toxic
substances or wastes, as such terms are defined in applicable laws and
regulations, or any other activity that would have toxic results, nor of any
proceeding or inquiry by any authority with respect thereto; any ground
water contamination on the Property or potential of ground water
contamination from neighboring properties; any storage tanks for gasoline
5
CONSERVATION COLLIER J. 6 A 5
Tax Identification Numbers: 00144200009,00144800001,00143120009, 00145000004, 00144880005
00144840003
or any other substances presently or previously located on or under the
Property; or any prior or present use of the Property as a sanitary landfill.
10.018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or
local statute, law or regulation, or of any notice from any governmental
body has been served upon Seller claiming any violation of any law,
ordinance, code or regulation or requiring or calling attention to the need
for any work, repairs, construction, alterations or installation on or in
connection with the Property in order to comply with any laws, ordinances,
codes or regulation with which Seller has not complied.
10.019 To the best of Seller's knowledge, there are no unrecorded
restrictions, easements or rights of way (other than existing zoning
regulations) that restrict or affect the use of the Property, and there are no
maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Property.
10.020 Seller has no knowledge that there are any suits, actions or
arbitration, bond issuances or proposals therefor, proposals for public
improvement assessments, pay-back agreements, paving agreements,
road expansion or improvement agreements, utility moratoriums, use
moratoriums, improvement moratoriums, administrative or other
proceedings or governmental investigations or requirements, formal or
informal, existing or pending or threatened which affects the Property or
which adversely affects Seller's ability to perform hereunder; nor is there
any other charge or expense upon or related to the Property which has not
been disclosed to Purchaser in writing prior to the effective date of this
Agreement.
10.021 Seller acknowledges and agrees that Purchaser is entering into
this Agreement based upon Seller's representations stated above and on
the understanding that Seller will not cause the zoning or physical
condition of the Property to change from its existing state on the effective
date of this Agreement up to and including the Date of Closing. Therefore,
Seller agrees not to enter into any contracts or agreements pertaining to
or affecting the Property and not to do any act or omit to perform any act
which would change the zoning or physical condition of the Property or the
governmental ordinances or laws governing same. Seller also agrees to
notify Purchaser promptly of any change in the facts contained in the
foregoing representations and of any notice or proposed change in the
zoning, or any other action or notice, that may be proposed or
promulgated by any third parties or any governmental authorities having
jurisdiction of the development of the property which may restrict or
change any other condition of the Property.
10.022 DELETED.
10.023 DELETED,
10.024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
XI. NOTICES
11.01 Any notice, request, demand, instruction or other communication to be given to
either party hereunder shall be in writing, sent by facsimile with automated confirmation
of receipt, or by registered, or certified mail, return receipt requested, postage prepaid,
addressed as follows:
If to Purchaser:
Alexandra Sulecki, Coordinator
6
CONSERVATION COLLIER 1
Tax Identification Numbers: 00144200009,00144800001,00143120009, 00145000004, 00144880005 &
00144840003 ~ ~ ~
Conservation Collier Land Acquisition Program
Collier County Environmental Services Department
2800 North Horseshoe Dr.
Naples, Florida 34104
Telephone number: 239-732-2505
Fax number: 239-213-2960
With a copy to: Ellen T. Chadwell
Assistant County Attorney
Office of the County Attorney
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Telephone number: 239-774-8400
Fax number: 239-774-0225
If to Seller: Attn: Christopher L. Allen
555 Hickory Road
Naples, FL 34108 ¡( ~ J
Telephone number:'e<39;r?g>-<1&;io 'I' 5Có{,Ø --((0(#(
Fax number: (;lSCf) S-CoG - ð:>(S;-
With a Copy To: John M. Passidomo
Cheffy Passidomo Wilson & Johnson, LLP
821 Fifth Avenue South
Naples, FL 34102
Telephone number: 239-261-9300
Fax No.: (239) 261-0884
11.02 The addressees and numbers for the purpose of this Article may be changed by
either party by giving written notice of such change to the other party in the manner
provided herein. For the purpose of changing such addresses or addressees only,
unless and until such written notice is received, the last addressee and respective
address stated herein shall be deemed to continue in effect for all purposes.
XII. REAL ESTATE BROKERS
12.01 Purchaser and Seller warrant and represent to the other that each party has not
dealt with any broker. Each party shall pay any brokerage fees or commissions due
and payable to any agent or broker retained by such party relative to the purchase and
sale of the Property. These warranties and representations shall survive Closing.
XIII. MISCELLANEOUS
13.01 This Agreement may be executed in any manner of counterparts which together
shall constitute the agreement of the parties.
13.02.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 trustee, and assignees whenever the context so
requires or admits.
13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless
such amendment is in writing and executed and dated by Purchaser and Seller. Any
amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it
has been executed by both parties.
13.04 Captions and section headings contained in this Agreement are for convenience
and reference only; in no way do they define, describe, extend or limit the scope or
intent of this Agreement or any provisions hereof.
7
CONSERVATION COLLIER
Tax Identification Numbers: 00144200009,00144800001,00143120009, 00145000004, 00144880005 &
00144840003
16A5
13.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as the
context or the use thereof may require.
13.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any provision
of this Agreement shall be applicable only to the specific instance to which it is related
and shall not be deemed to be a continuing or future waiver as to such provision or a
waiver as to any other provision.
13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the next
succeeding business day.
13.08 Seller is aware of and understands that the "offer" to purchase represented by
this Agreement is subject to review and recommendation for approval by the
Conservation Collier Land Acquisition Advisory Committee, and acceptance and
approval by the Board of County Commissioners of Collier County, Florida.
13.09 If the Seller holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, Seller
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 Property held in such capacity is conveyed to Collier County. (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.)
13.10 This Agreement is governed and construed in accordance with the laws of the
State of Florida.
13.11 In addition to the acts recited in this Agreement to be performed by Seller and
Purchaser, Seller and Purchaser agree to perform or cause to be performed any and all
such further acts as may be reasonably necessary to consummate the transaction
contemplated hereby.
13.12 Purchaser acknowledges that Seller may be selling such the Property as part of
a like-kind exchange under Section 1031 of the Internal Revenue Code and the
regulation promulgated thereunder. Purchaser agrees to cooperate with Seller in
completing such exchange and in that regard, Seller may assign its rights and
obligations under this Agreement to Seller's intermediary in order to complete the
exchange, provided that such assignment will not release Seller from its obligations
under the Agreement. Such cooperation by Purchaser will not impose any additional
obligations or expenses on Purchaser which are not reimbursed by Seller.
XIV. ENTIRE AGREEMENT
14.01 This Agreement and the exhibits attached hereto contain the entire agreement
between the parties, and no promise, representation, warranty or covenant not included
in this Agreement or any such referenced agreements has been or is being relied upon
by either party. No modification or amendment of this Agreement shall be of any force
or effect unless made in writing and executed and dated by both Purchaser and Seller.
Time is of the essence of this Agreement.
8
CONSERVATION COLLIER 16 A 5
Tax Identification Numbers: 00144200009,00144800001,00143120009, 00145000004, 00144880005 &
00144840003
IN WITNESS WHEREOF, the parties hereto set forth their hands seals.
Dated Project/Acquisition Approved by BCC:
(c;-~;?-oy
AS TO PURCHASER: .
DATED: t,·;S·o4
ATTEST:
DWIGHT E, BROCK, Clerk
. I ~ . I I I , , , ,
/"'~; . C~~{¡Ii>""".
, ~ .......... t'p
: I:} .,' .'. J
- ~).. .('::¡;'>~" f'\ ". ~ .
~ ~ ....~... (",., ,~,t . ..
" ~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
¢~J~
: :it: :,,;.: ;.~4": I ~_%.. , or<:
. .,.,.,.'. ~ : '"
- .~". .~ ...;J~~puty Clerk
Atust IS Ú~t~J~~~'
Itgllbn 0111. .... ....
DONNA FIALA, CHAIRMAN
Item # t loA 5
Agenda I "2.1'04
Date t2 -
D¿¡t~ I.....:J ~- () 'f
Rec d ~ -
~
9
CONSERVATION COLLIER 1 6 A 5
Tax Identification Numbers: 00144200009,00144800001,00143120009, 00145000004, 00144880005 &
00144840003
AS TO SELLER:
DATED:
\])/~ Iof
WITNESSES:
~A?.~
(Signature)
~^~~~re~
CHRISTOPHER ALL N
BY:
(Signature)
. ! '~
u)Æ~ ;)~V
(Printed Name) r
(Signature)
Jj~
(Printed Name)
BY~
CAROL N SUE ALLEN
~A,.~
(Signature) "
~~SV /Î1. ¡;;)y-
(Printed Name) /
Approved as to form and
legal sufficiency:
~L/~V~
Ellen 1. Chadwell
Assistant County Attorney
10
Memorandum
TO:
FROM:
Minutes & Records Management
Cindy Erb \\ !'t~\À
Sr. Property Acquisition Specialist \)J ,yV l\
Real Estate Services
DATE:
September 21 , 2004
RE:
Conservation Collier Land Acquisition Program - American Business Park - Allen
Tax Identification Numbers: 00144200009, 00144800001, 00143120009,
00145000004,00144880005,&00144840003
Please find attached one (1) oriainal recorded Warranty Deed for the above referenced
project.
The Board of County Commissioner of Collier County, Florida had approved the
Agreement for Sale and Purchase pursuant to Agenda Item 16 A 5, dated June 22,
2004.
Please contact me if you have any questions or comments at 8917.
Than k you.
attachments as stated
cc: Property Appraiser's Office w/attachment
Tax Collector's Office w/attachment
Inventory w/attachment
Office of the Real Estate Services
('
(~)
3472080 OR: 3640 PG: 1633
CONSERVATION COLLIER RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
Tax Identification Numbers: 00144200009,00144800001,00143120009'09/10/2004 at 02:33PM DWIGHT E, BROCK, CLERK
00145000004,00144880005,00144840003 CONS 8516000,00
REC FEE 44.00
DOC-,70 59612.00
COPIES 5.00
&
i1¡
'y
Prepared by: ,
E"en T. Chadwell, Esqu re
Offitt of the County Attorney
3301 East Tamia-i Trail
Maples, Florida 34112
( 941) 77 4-8400
Retn:
REAL ESTATE SERVICES
INTEROFFICE
WARRANTY DEED
THIS WARRANTY DEED is made this ?:D¡Ji\ day of ~ '
2004, CHRISTOPHER L. ALLEN and CAROLYN SUE ALLEN, husban and wife, as
an Estate by the Entirety, whose address is 555 Hickory Road, Naples, Fl 34108,
(hereinafter referred to as "Grantor"), 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",
ATTACHED HERETO AND MADE A PART HEREOF
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 for real estate taxes for the current year
and thereafter and those items identified in Exhibit "B," attached hereto and
incorporated herein by reference.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents
the day a d year first above written.
\..\
CHRISTOPHER
Witness (Signature)
Name: ~ io-::..~~ -SQI
~YQe) ~ ~
~
Witness (Signature)
Nam5, mO(\~ fu~
(Print or Type)
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA '
PURSUANT TO AGENDA '
DATED: Gzj.;2,~/íJ'::¡ ITEM NO. /IL,.fl/5)
.
1
Witness (Signature) f)
Na~j (lPfK- ~e~.Rt~[
(Print or Type)
STATE OF ~,,"L-
COUNTY OF c.. It'".. C
OR: 3640 PG: 1634
Û1i!ß^-
UE ALLEN
G for.<?c:>ing Warranty Deed was acknowledged before me . f
~C; , 2004 by Christopher L. Allen, who is ersonally known to me
or who as produced as identification.
(affix notarial seal)
'~ WILUAM JACK DEMPSEY
}"æ MY COMMISSION # DD 283840
EXPIRES: March 6 2008
Bonded Thru Notary Public Underwriters
STATE OF ~:.L
COUNTY OF It..~ '"
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
4 The fore~oing Warranty Deed was acknowledged before me this ~ day of
~t.-~ ,2004 by Carolyn Sue Allen, who is~onally known to~r
who ha produced as identification.
(affix notarial seal)
",,~ WlWAM JACK DEMPSEY
~: t). MY COMMISSION # DD 2B3840
~. : EXPIRES: March 6, 2008
Bonded Thru NotaJy Public Underwrtters
Yfl: ~"Ctr:::e":
Assistant County Attorney
Ellen To Chadwell
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
2
OR: 3640 PG: 1635
EXHIBIT "A"
1 of 2
TAX IDENTIFICATION NUMBER: 00143120009
LEGAL DESCRIPTION: EAST HALF (1/2) OF NORTHWEST QUARTER (1/4) OF
NORTHEAST QUARTER (1/4) OF SOUTHEAST (1/4) AND
NORTH HALF (1/2) OF SOUTHWEST QUARTER (1/4) OF
NORTHEAST QUARTER (1/4) OF SOUTHEAST (1/4), ALL
IN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA.
AND
TAX IDENTIFICATION NUMBER: 00144200009
LEGAL DESCRIPTION: THE SOUTH 229.09 FEET OF THE NORTHWEST
QUARTER (1/4) OF THE SOUTHEAST (1/4), LYING EAST
OF THE RAILROAD RIGHT-OF-WAY, SECTION 10,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA; ALSO DESCRIBED AS:
BEGINNING AT THE SOUTHEAST CORNER OF THE
NORTHWEST QUARTER (1/4) OF THE SOUTHEAST
QUARTER (1/4) OF SECTION 10, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; RUN
NORTH 89 DEGREES 59'02" WEST 218.77 FEET TO A
POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE
A.C.L. RAILROAD RIGHT-OF-WAY AND A POINT ON A
CURVE; THENCE 232.26 FEET ALONG THE ARC OF A
CIRCULAR CURVE, RADIUS 22853.3 FEET CHORD
232.26 FEET CHORD BEARING NORTH 09 DEGREES
35'51", ALONG SAID EASTERLY RIGHT-OF-WAY LINE;
THENCE SOUTH 89 DEGREES 59'02" EAST 174.49 FEET;
THENCE SOUTH 01 DEGREES 23'23" EAST 229.09 FEET
TO THE POINT OF BEGINNING.
AND
TAX IDENTIFICATION NUMBER: 00144800001
LEGAL DESCRIPTION: THE SOUTH HALF (1/2) OF THE SOUTHWEST
QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF
THE SOUTHEAST (1/4) OF SECTION 10, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA;
SUBJECT TO AND TOGETHER WITH AN EASEMENT
FOR ROADWAY IN FAVOR OF THE GRANTEES AND
THEIR RESPECTIVE HEIRS, SUCCESSORS AND
ASSIGNS AND ALSO IN FAVOR OF ALL CURRENT
OWNERS OF THE ABUTTING LAND AND THE PUBLIC
OVER AND UNDER THE EAST 30 FEET OF THE WEST
HALF (1/2) OF THE EAST HALF (1/2) OF THE
SOUTHEAST QUARTER (1/4) OF SAID SECTION 10.
3
OR: 3640 PG: 1636
EXHIBIT "A"
2 of 2
AND
TAX IDENTIFICATION NUMBER: 00144840003
LEGAL DESCRIPTION: NORTH HALF (1/2) OF SOUTHEAST QUARTER (1/4) OF
NORTHEAST QUARTER (1/4) OF SOUTHEAST (1/4),
SUBJECT TO ROAD EASEMENT ON WEST 30 FEET OF
EAST HALF (1/2) OF EAST HALF (1/2) OF SOUTHEAST
QUARTER (1/4), SECTION 10, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
AND
TAX IDENTIFICATION NUMBER: 00144880005
LEGAL DESCRIPTION: SOUTH HALF (1/2) OF NORTHEAST QUARTER (1/4) OF
NORTHEAST QUARTER (1/4) OF SOUTHEAST (1/4),
SUBJECT TO ROAD EASEMENT ON WEST 30 FEET OF
EAST HALF (1/2) OF EAST HALF (1/2) OF SOUTHEAST
QUARTER (1/4), SECTION 10, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
AND
TAX IDENTIFICATION NUMBER: 00145000004
LEGAL DESCRIPTION: NORTH HALF (1/2) OF NORTHEAST QUARTER (1/4) OF
NORTHEAST QUARTER (1/4) OF SOUTHEAST (1/4),
SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA.
4
*** OR: 3640 PG: 1637 ***
EXHIBIT "B"
1 of 1
1. Vacation of Easement recorded in Official Records Book 2666, Page 1 015,
Public Records of Collier County, Florida.
2. Vacation of Easement recorded in Official Records Book 2666, Page 1 018,
Public Records of Collier County, Florida
3. Vacation of Easement recorded in Official Records Book 2666, Page 1 021,
Public Records of Collier County, Florida.
4. Resolution No. 86-190 recorded in Official Records Book 1222, Page 995, in
the Public Records of Collier County, Florida.
5. Easement contained in instrument recorded November 11, 1971, in Official
Records Book 423, Page 947, in the Public Records of Collier County,
Florida.
6. Easement contained in instrument recorded May 13, 1988, in Official
Records Book 1349, Page 700, in the Public Records of Collier County,
Florida.
5