The URL can be used to link to this page

Parcel 119 COLLIER COUNTY TRANSPORTATION DIVISION DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT RIGHT-OF-W A Y ACQUISITION OFFICE MEMORANDUM DATE: August 30, 2004 TO: Sue Filson, Executive Manager - BCC FROM: Paul Young, Right-of-Way Property Acquisition Specialist Phone number: 239-213-5884 RE: Immokalee Road - project 66042, parcel 119 (a portion of 00168000007) Attached please find the original Purchase Agreement for signature by the Chairman on behalf of the Board of County Commissioners. This property is part of the acquisition approved by the BCC pursuant to Resolution No. 2004-35, dated January 27,2004, the Agenda Item Number was lO-D. The Account Number is 331 163650. Please sign this Agreement on behalf of the Purchaser (BCC) and forward to the Board Minutes and Records for attestation by the Clerk. Thank you! c ü l~ 0 f c ,) H >1 t \' PROJECT: PARCEL No: FOLIO No: 66042 119 a portion of 00168000007 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (he~after referred to as the "Agreement") is made and entered into this 1"'[ It- day of ~fLC+ , 2004, by and between BARRON COLLIER PARTNERSHIP, a Florid general partnership whose mailing address is 2600 Golden Gate Parkway, Suite 200, Naples, Florida 34105-3227, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (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 . The above recitals are true and correct and are made a part of this Agreement. 2. Owner shall convey the Property to Purchaser for the sum of $70,000.00 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, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. The Owner hereby authorizes Purchaser to make payment in the amount of $70,000.00 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. 3. 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. 4. 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. _.-._--_._~-_.- -.........,. I BARRY' 1',1' ':[' '0' , '._ ~'ì~, 'JJ,- t ¡to , to I r"'tl c "IJ'\~t.:,";' -.. . 1,'_" I UQ~~~_..-¡ Purchase Agreement Page 2 5. 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. 6. 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. 7. Owner represents that, to the best of Its knowledge, 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. 8. Paragraph 8 is deleted in its entirety. 9. Purchaser shall pay for all recording fees for the Warranty Deed, 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. 10. 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. 11. 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 1~;7"~;;-::;;::--~-:-~'7 ',' ---..----- ,.,'I'¡I'"i i ;', '_':-") c',,' . '. . __ . U~.~._¡'.__) . 1 dlZ ~!Lf'Ìl!iil v j' L þè).. 7 d- --""'"-----.; Purchase Agreement Page 3 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.) 12. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS JHEREOF, the parties hereto have executed this Agreement on this 1.oA- day of ./ JfJ1L./4. (UAJ ,2004. Property acquisition approved by BCC pursuant to Resolution No. 2004-35, Agenda item 10 D dated January 27, 2004. AS TO PURCHASER: '. . i.~ , ".'~', r·, \, , DAT~Ý:' q ·r ð. ,> ". :-'}':"":~-~,;", :'.~ ....~;.~:.- AT¡:EST~. i" ". -;,.." · ~ \ [jVif~H1(~~"8ROC~~ Þr~rk .~: ". ~. . .~:,,};: ,.:.~ - - ",~'" ."~.~ '.~. ,/ ·ihdLo£J, ~C ", ,1 · ~11êþuty- Clerk Attest as to Cha1raan's signature 001,. BOARD OF COUNTY COMMISSIONERS COLLIER COU TY, FLORIDA ~d~ AS TO OWNER: DA TED:-R/ n { fY( ~aJ bJ. ~"r1 BARRON COLLIER PARTNERSHIP, a Florida general partnership Witness (Signature) GAIL W. ANDERSON By Signature ~~ , Name (Print or Type) Lamar Gabre.- Printed Name ~ Þar+"'~r Title SANDRA P. THOMAS Name (Print or Type) Approved as to form and legal sufficiency: J~~.~ Ellen T. Chadwell Assistant County Attorney r-- '~::-j '., L¡-è.'::;--! I I ö~j;"¡¡;EFI ~ ! '"'----.,__. 7'd- I ~--""",i>. Purchase Agreement Page 4 AS TO OWNER: DATED: i/17/D£I- . fJrli-t LV. ~_Ul-h1 Witness (Signature) BARRON COLLIER PARTNERSHIP, a Florida ener I partnership By GAIL W. ANDERSON Name (Print of Type) ~Ld J. iYlari~e.IJ·, Printed Name ~.<~~ ~ / . ess (Signature) SANDRA P. THOMAS Name (Print or Type) GGO Title Approved as to form and legal sufficiency: ffi- rx~ Ellen T. Chadwell Assistant County Attorney r -~~~~~:Y::'~:'~_·:~,q (;0 ---~ , ,·i' ¡. ^"""\' ¡ , -- '''Jr''''>1:H LJº~,p- " -, ,~~-~...-----.. HM HOLE MONTES ENGINEERS, PLANNERS, SURVEYORS 950 Encore Way· Naples, Florida 34110· Phone: 239.254.2000' Fax: 239.254.2099 LEGAL DESCRIPTION '( i/ EXHIBIT A ~ lofì-- HM PROJECT #2000067 7/16/3 REF. DWG. #B-3632-2 PARCEL NO. 119 A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PAR TICULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.89°48'51"W., ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 27, FOR A DISTANCE OF 930.10 FEET; THENCE RUN S.05°34'06"E. FOR A DISTANCE OF 125.63 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF- WAY LINE OF IMMOKALEE ROAD AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINlÆ S.05°34'06"E. FOR A DIST ANCE OF 3.02 FEET; THENCE RUN N.89°48'51"W. FOR A DISTANCE OF 201.64 FEET; THENCE RUN S.00011 '09"W. FOR A DISTANCE OF 23.75 FEET; THENCE RUN N.89°48'51"W. FOR A DISTANCE OF 33.52 FEET; THENCE RUN S.3001O'43"W. FOR A DISTANCE OF 21.21 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF GOODLETTE ROAD, A 130.00 FOOT RIGHT-OF-W A Y; THENCE RUN N.05°34'06"W., ALONG THE EASTERLY RIGHT -OF- WAY OF GOODLETTE ROAD, FOR A DISTANCE OF 45.35 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF- WAY LINE OF IMMOKALEE ROAD; THENCE RUN S.89°48' 51 "E., ALONG THE SOUTHERLY RIGHT -OF- WAY LINE OF IMMOKALEE ROAD FOR A DIST ANCE OF 250.00 FEET TO THE POINT OF BEGINNING; CONTAINING 1984.6 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.89°48'51"W. HOLE MONTES, ÍNC. CERTIFICATION OF ABTHORIZATIONLB #1772 BY ~lt~ THOMAS M. Ñ1 .... P.S.M. #5628 STATE OF FLORIDA COLIO NO.Œ2J~~nnVOl Naples' Fort Myers' Venice· Englewood .--.-.--.--- j "';;"'1'" 1'1'" ""'0 ' ....,:..'1;;\ j¡" "'~.L:...¡;...,, L I AU: NUMPfR L.L9õ']'.¢- _, EXHIBIT If f\ } ~ '-d ~ 0 0 ::I: ,., ;0 'lJ'lJ n > 00 ~ ~ roo -401D BID !ž! ~ :f. .. 'lJ'lJ ºº ZZ --1--1 0 0 "'0 r > > ;0 00 ¡:;j ¡:;j 0 "" fT1 c.. ,., G) 00 roo .,.. .,.. 0-4 1Tl0 fT1 à à oz 93:: 0>0 Z (. (. -.. ZS::: ZfT\ CJ -z Zo 0fT\ s::: fT\ Z --I '11 :r >.,,0 S. -i ¡r~"Z :3. n._.g co ND~_OI 5Locol:° õ.-- ,.., :J3:N"'~ z:!!~ro ~ g I f.ÞI~ ... ... N .... ",,·o"'~ ¡j 2. g ô~ ~99 * ~~ M-O-~ .O£~ -1> ~ >IN''~.:1 311310000 --- en (J1 o o. ·(]t.18 )\N"~J 3U310~s~; 3NI1 M-O-~ ... - S~¡¡¡¡¡¡! ~ IS~II~ ):.. !lii:Ø ~ ~ ~ - I tH L2 3,00'" - (J) 00 (!) . Z ~ 00 00 01 CD -" -0 ~ II N» <Xt T '-J;:¡o OJ -" In II N :E OJ O"'\m p r- 0 N q 0 -" ()) ~ (/) »" 1"'1 ï-t 1"'1(") ø:J: » ï-t cO 1"'"1» (/)(") (")(") 3!0 "'tI~ -t"'tl 0» zZ -< c 111'r-:-Z ()1..þ.0.JN-fT! ZUJZUJUJ , 00.JCDOOOZ CJ10<O0CJ1;ofTl ~...l-þ...lu.jfT!--J -þ- O. co -: -þ- 0 » o-Þ-oì'°6--Jrn (j) 0.J ->. <0. (j) 0 I . - ::zfT! ~~~:,ffT! o ~~~~~~ . . . . 0» 0.J N Ul '-! '" Ul. -'-. ~ Ul. '''' ~ fT! 125.00' (J -0 i::c: ~:I! " >;0 ¡;;I ,.,0 I ~~ >c OZ ,., 3 ..90..tr£.90 s ------~l .£9·9l~ "'D o rn <:> ;u v ;0 1"1 > ilD~ ~ª ~ ¿~ t:J!ž! ~ 01 I C1 ::: ~ê5 ",,,, <09 I' I z "" ¡'p "" FOLIO NO.Có\ [jOCY)()()ì z U1 0 41 ..... ~ .... ~ t:1 ....... (") þ' z ~ II ~ H 0 () CJ\ t>:I 0 ...., w. ..... N () r- (]I > r M (]I 0 ~ 0_ :r:¡¡¡:: --13: 10 01" -r~ ~I~ -<:;u ~§Z :;uC fTi UJ ~ ) ~z I ~£ 14:ï! ~ž ~,., '" -. (J 1"1 o :::J o z z t:j,.., J,.2"'D 'f~O ~~() Z (XI 1010 ~~ o oi .... . ~ LI~m[ir¡ col _Q:?-7 ~.j