Parcels 131,531,731 & 931
PROJECT: Collier Boulevard #65061
PARCEL No(s): 131,531,731 & 931
PURCHASE & EASEMENT AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this ¡'STIr day of ('Ef7fEMðEf< , 2005, by and between
RICHARD D. CRAIG and FRANCES A. CRAIG, husband and wife, whose mailing
address is PO Box 899, Edwards, CO 81632-0899 (hereinafter referred to as "Owner"),
and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3301 T amiami Trail East, Naples, Florida 34112 (hereinafter referred to as
"Purchaser").
WHEREAS, Purchaser has requested that Owner convey to Purchaser a fee
simple interest for Right-of-Way required for the expansion of Collier Boulevard (Parcel
131); a 3-year Temporary Construction Easement (Parcel 731), a fee simple interest for
the construction of a limerock Parking Area (Parcel 931), and a Temporary Access
Easement (Parcel 531) for the construction of a driveway to access the Parking Area
(hereinafter collectively referred to as "Property") over, under, upon and across the lands
described in Exhibit "A" (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. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. Owner shall convey the Property to Purchaser for the sum of:
J168.794.90
subject to the apportionment and distribution of proceeds pursuant to paragraph
11 of this Agreement (said transaction hereinafter referred to as the "Closing").
Said payment to Owner, payable by County Warrant, 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 other expert witness fees
and costs, as provided for in Chapter 73, Florida Statutes, not addressed in this
agreement. Said payment has been calculated at the agreed upon unit price for
the land and the easements. Payment in the amount of $2,407.32 shall be paid
by Purchaser to Owner's attorney, Kenneth Jones, Esq., c/o Roetzel & Andress,
2320 First Street, Suite 1000, Fort Myers, FL 33901-3419. Payment in the
amount of $1,600.00 shall be paid by Purchaser to Owner's appraiser, Allied
Appraisers & Consultants, Inc., 1642 Medical Lane, Fort Myers, FL 33907-1192.
3. Owner shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications except for restrictions, reservations, easements of
record and outstanding oil, gas and mineral interests of record, if any.
Marketable title shall be determined according to the applicable title standards
adopted by the Florida Bar and in accordance with law. Prior to the Closing,
Owner shall cause to be delivered to Purchaser the items specified herein and
the following documents and instruments duly executed and acknowledged, in
recordable form (hereinafter referred to as "Closing Documents"):
Purchase Agreement
Page 2
(a) Warranty Deed for Parcel 131 ;
(b) Temporary Access Easement for Parcel 531;
(c) Temporary Construction Easement for Parcel 731;
(d) Warranty Deed for Parcel 931;
(e) Closing Statement;
(f) Grantor's Non-Foreign, Taxpayer Identification and GAP Affidavit;
(g) W-9 Form; and
(h) Such evidence of authority and capacity of Owner and its representatives
to execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by Purchaser,
Purchaser's counsel and/or title company.
4. Prior to Closing, Owner shall obtain from the holders of any liens encumbering
the Property, the execution of such instruments which will remove, subordinate
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. For
easements of record, Purchaser shall either take title subject to such easements
or obtain appropriate releases prior to Closing.
5. 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 Closing Documents to
Purchaser in a form acceptable to Purchaser.
6. Purchaser shall be entitled to full possession of the Property at Closing.
7. 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 at the Board meeting on September
13, 2005. If this Agreement is not ratified and approved by the Board on or
before September 13, 2005, all obligations under this Agreement shall terminate
and be null and void.
8. Owner and Purchaser represent and warrant the following:
(a) Owner and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all
tasks required of each hereunder.
(b) Owner has full right, power and authority to own and operate the Property
and to execute, deliver and perform its obligations under this Agreement
and the instruments executed in connection herewith, and to consummate
the transaction contemplated hereby.
(c) Purchaser's acceptance of a deed to the said Property shall not be
deemed to be full performance and discharge of every agreement and
Purchase Agreement
Page 3
obligation on the part of Owner to be performed pursuant to the provisions
of this Agreement.
(d) No party or person other than Purchaser has any right or option to acquire
the Property or any portion thereof.
(e) Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner 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, 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.
(f) There are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the Property.
(g) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Property or which adversely affect Owner'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.
(h) Owner acknowledges and agrees that Purchaser is entering into this
Agreement based upon Owner's representations stated above and on the
understanding that Owner will not cause the 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, Owner
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 physical condition of the Property or the
governmental ordinances or laws governing same.
9. 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.
10. 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 9. This provision shall
survive Closing and is not deemed satisfied by conveyance of title.
11. Purchaser shall pay all fees to record any curative instruments required to clear
title, all Warranty Deed and easement recording fees, and any and all costs
and/or fees associated with securing and recording a Release or Subordination
Purchase Agreement
Page 4
of any mortgage, lien or other encumbrance recorded against the Property;
provided, however, that any apportionment and distribution of the full
compensation amount in Paragraph 2 which may be required by any mortgagee,
lien-holder or other encumbrance-holder for the protection of its security interest
or as consideration for the execution of any release, subordination or
satisfaction, shall be the responsibility of the Owner, and shall be deducted on
the Closing Statement from the compensation payable to the Owner per
Paragraph 2. It is mutually understood that the Property is being acquired under
the threat of condemnation.
12. All ad valorem real estate taxes due on the Property during Owner's term of
possession, and all maintenance charges and assessments due from Owner, for
which a bill is rendered prior to closing, will be charged against Owner on the
closing statement. Ad valorem taxes next due and payable after closing on the
Property, shall be prorated at Closing based upon the current year's tax
applicable to the Property, with due allowance made for maximum allowable
discount, homestead and any other applicable exemptions, and paid by Owner.
If Closing occurs at a date when the current year's millage is not fixed, taxes will
be prorated based upon such prior year's millage. Owner shall pay 2005 ad
valorem taxes during the period of their ownership, as calculated upon the per
diem amount supplied by the Collier County Property Appraiser and Tax
Collector .
13. 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.
14. 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.)
15. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those stated herein, and in the Agreement for
Replacement of Access and Parking between Collier County, AT&T and Owner;
and this written Agreement, including all exhibits attached hereto, and the
aforesaid Agreement for Replacement of Access and Parking, shall together
constitute the entire Agreement and understanding of the parties hereto, and
there are no other prior or contemporaneous written or oral agreements,
undertakings, promises, warranties, or covenants not contained herein. No
modification or amendment of this Agreement shall be of any force of effect
unless made in writing and executed and dated by both Owner and Purchaser.
Time is of the essence of this Agreement.
16. Should any part of this Agreement be found to be invalid, then such invalid part
shall be severed from this Agreement, and the remaining provisions of this
Agreement shall continue in full force and effect, and shall not be affected by
such invalidity.
17. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Purchase Agreement
Page 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this \ 3írl day of SE.fJTEM(2.£1l.. , 2005.
Property acquisition approved by BCC pursuant to Resolution No. 2003-372, dated
10/28/03, Item 16B5.
AS TO PURCHASER:
DATED:SEmMßE~ J"5 ;JtJoç
I
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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"ttest as C il 1r¡¡.;an' s
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BY: Fred W. COYI~, Chairm~n' -
AS TO QWNER:
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RICHARD D. CRAIG
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Name (Print or Type)
Approved as to form and
legal sufficiency:
! -I ~ V' {lLLu.,.--/
Éllen T. Chadwell
Assistant County Attorney
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---------------------------------
-------------
RICHARD D. AND FRANCIS A. CRAIG
O.R. BOOK 2107, PAGE 1174
-----------------------------------------------
LEGAL DESCRIPTION
A portion of the South 1/2 of the South 1/2
of the Northeast 1/4 of the Southeast 1/4 of
Section 34, Township 48 South, Range 26
East, and being a portion of those lands
descrIbed in O.R. Book 2107, Page 1174, of
the Official Records of Collier County, Florido,
being more particularly described as follows:
Commencing at the East 1/4 corner of
Section 34, Township 48 South, Range 26
East; thence N.B9"51'33"W. along the North
line of the Southeast 1 / 4 of said Section 34.
a distance of 1 00.09 feet to its intersection
with the Westerly right-ot-way line at County
Road 951 (Collier Boulevard)¡ thence
5.02'16'01 "E. olong said right-of-way line, a
dlatance of 1,004.15 feet to the POINT OF
BEGINNING; thence continue S.02" 16'0 1 "E. along
sold I1ne, a distance of 334.72 feet to its
intersection with the South line of the South
1/2 of the South 1/2 of the Northeast 1/4
of the Southeast 1/4 of said Section 34;
thence N.89'49'11 lOW. along said South line, a
distance of 64.06 feet; thence N.OZ·16'01 "W.,
a distance of 334.71 feet to its Intersection
with the North line of the South 1 /2 of the
South 1 /2 of the Northeast 1 / 4 of the
Southeast 1 / 4 of aald Section 34; thence
S.89'49'47"E. along said North line, a distance
of 64.06 feet to the POINT OF BEGINNING.
Containing 21,422.33 square feet or 0.4918
acres, more or less.
DAVIDj. .y ,P:... : (r-OR THE FIRM)
FLORIDA LrC.. NO. 5834'
'1 -J&1 ~().l, (DATE SIGNED)
NOT VALID WITHOUT TH~' SIGNATURE AND THE
OROINAL RAISED SEAL" 'OF A FLORIDA LICENSED
SURVEYOR ANI!)' MÀÞPER.
CERTIFICATE OF AI:JTHORIZATlqN. LB '43
PROJECT NO.1 65061 PARCEL NO. I 131
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LINE
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L170
LINE TABLE
LENGTH
64.06
64.06
BEARING
S89·49'.17"E_
Nô9'49'1'''W
NOTES:
1. This is not a survey.
2. Basis of bearing Is the West line of County
Road 951 (C.R. 951) being S 02'16'01" E, Florida
State Plane Coordinates NAD 83/90, East Zone.
3. Subject to easements, reservations and
restrictions or record.
4. Easements shown hereon are per plot, unless
otherwise noted.
5. ROW represents Right-of-Way.
6. P.O.B. represents Point of Beginning.
7. P.O.C. represents Point of Commencement.
8. O.R. represents Official Records.
9. L.B.E. represents Landscape Buffer Easement.
10. U.E. represents Utility Easement.
EXHIBIT /\
Pago---L-0f_ll_
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200
COLLIER COUNTY DEPARTMENT
OF TRAN!¡PORTA TJON
SKE:TCH &: DESCRIPTION
09/200.1
PROJECT NO.,
N60 1 '-005-000
SHEET NUMBER:
1.11 r>r XXX
flLE NO.;
2/-812
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RICHARD D. AND FRANCIS A. CRAIG
O.R. BOOK 2107, PAGE 1174
LEGAL DESCRIPTION
A portion of the South 1/2 of the South 1/2 of the
Northeast 1/4 of the Southeast 1/4 of Section .34,
Township 48 South, Range 26 East, and being a
portion of those lands described in O.R. Book 2107,
Page 1174, of the Official Records of Collier County,
Florida, being more particularly described as follows:
Commencing at the East 1/4 corner of Section .34,
Township 48 South, Range 26 East: thence
N.89·51·33"W. along the North line of the South 1/4
of said Section 34, a distance of 1 00.09 feet to its
intersection with the Westerly right-of-way line of
County Rood 951 (Collier Boulevard); thence
5.02"16'01" E. along said right -of -way line, 0
distance of 1,004.15 feet to its intersection with the
North line of South 1/2 of the South 1/2 of the
Northeast 1/4 of the Southeast 1/4 of said Section
.34; thence N.S9·49'47"W. along said North line, a
distance of 64.06 feet to the POINT OF BEGINNING;
thence S.02·16'01"E., 0 distance of 279.66 feet to
its intersection wilt1 a line lying 55.00 feet North of
as measured at right angles to the South line of the
northeast quarter of the southeast quarter of said
Section 34; thence N.89·49'11"W., along said line a
distance of 5.00 feet; thence N.02"16'01"W., a
distance of 279.66 feet to its intersection with the
North line of the South 1 /2 of the South 1 /2 of
the Northeast 1 / 4 of the Southeast 1 / 4 of Section
34; thence S.89·49'41'E. along said North line, a
distance of 5.00 feet to the POINT OF BEGINNING.
Containing 1398.49 square feet or 0.0321 acres,
mare or less.
J);e
THE FIRM)
. ( )
. ,
NOT VALID yYlTHOHT 'THE SIGNATURE AND THE
ORGINAL RAIS~[!SEAL OF A FLORIDA LICENSED
SURVEYOR AND' MAPPER.
CERTIFICATE OF AUTHORIZATION LB #43
UPDATED PER DESIGN CHANGE 08/02/05
REVISED PER COUNTY COMMENTS 03/07/05
REVISED PER COUNTY COMMENTS 03/04/05
PROJECT NO.: 65061 PARCEL NO. : 7 J 1
W;I"ille¡···~-
Plannors Eng/l1OOl5 EcoIO(Ilsfao S"rvOY¡>ß" Lsndscopo Ardlitocts /oianSfJort/¡tloo Consu!tanlS
WilsonMlller, Inc.
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LINE
L 171
L 172
L17.3
L174
L175
LINE TABLE
LENGTH
64.06
279.66
5.00
279.66
5.00
NOTES:
1. This is not a survey.
BEARING
NS9"49'47"W
502'16'01"[
NS9"49'11"W
N02'1 'OI"W
589'49'47"[
2. Basis of bearing is the West line of County
Rood 951 (C.R. 951) being S 02'16'01" E, Florida
State Plane Coordinates NAD S.3/90, East Zone.
3. Subject to easements, reservations and
restrictions or record.
4. Easements shown hereon ore per plat, unless
otherwise noted.
5. ROW represents Right-of-Way.
6. P.O.B. represents Point of Beginning.
7. P.O.C. represents Point of Commencement.
8. O.R. represents Official Records.
9. L.B.E. represents Landscape Buffer Easement.
10. U.E. represents Utility Easement.
EXHIBIT }-\
Paga.-3.- of....:L
N
!l0 100
GRAPHIC SCALE
r
o 2!1
COLLIER COUNTY DEPARTMENT
OF TRANSPORTA nON
SKETCH & DESCRIPTION
03/2005
PROJECT NO.:
N6015-005-000
SHEET NUMBER:
131 ,)f XXX
200
FILE NO.:
2L-872
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RICHARD D. AND FRANCIS A. CRAIG 0 ....
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O.R. BOOK 2107, PAGE 1174 '-' cf)
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P,J Uy
100.09'
164.15'
I
~c
lEGAL DESCRIPTION
A portion of the South 1/2 of the South 1/2 of the
Northeast 1/4 of the Southeast 1/4 of Section 34,
Township 48 South, Range 26 East, and being a
portion of those lands described in O.R. Book 2107,
Page 1174, of the Official Records of Collier County,
Florida, being more particularly described os follows:
LINE TABLE
LINE LENGTH
L 1 25.02
L2 5.00
L3 20.02
L4 38.04
L5 50.05
L6 43.04
L7 .30.0.3
Commencing the Southeast corner of the Northeast
quarter of the Southeast Quarter of said Section 34
Thence North 89· 49'11" West along south line of the
northeast quarter of the southeast quarter of said
Section 34 a distance of 1 00.09 feet to its
intersection with the Westerly right-of-way line of
County Road 951 (Collier Boulevord) thence continue
along said south line North 89'49'11" West 64.06
feet: Thence North 02'16'01" West. a distance of
25.02 feet to the POINT OF BEGINNING; thence North
89·49'11" West, 0 distance of 5.00 feet; thence South
02·16'01" East, a distance of 20.02 feet; thence
North 89·49'11" West, 0 distance of 38.04 feet;
thence North 02'16'01" West, a distance of 50.05
feet to its intersection with a line lying 55.00 feet
North of as measured at right angles to the South
line of the northeast quarter of the southeast quarter
of said Section 34; thence South 89·49' 11" East.
along said line a distance of 43.04 feet; thence
South 02'16'01" East, a distance of 30.03 feet to
the POINT Of BEGINNING.
Contain¡q9,\~~65 í .~7 square feet or 0.0471 acres,
more or less.
~c'~,:: ,;,a,:~m !.i' ts?nd restrictions of record.
rJJt ~ '
DAVID·, J: ATI.. .5.M~' (FOR THE FIRM)
FlORIÐA,. C. NO: 5~.14
f, . \'/ ).
I.: t' ' ,,'
NOT VALID' WITHOUT THE SIGNATURE AND THE
ORGINAl RAI$ED, SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION lB #43
UPDATED PER COUNTY COMMENTS 08/04/05
UPDATED PER DESIGN CHANGES 08/02/05
UPDATED PER COUNTY COMMENTS 03/07/05
UPDATED PARCEL NUMBER 01/05
PROJECT NO.: 65061 "ARÇEL NO. : 931
WilsðnMilleï·'·~-
..
PI_ EngIneeN EooIogl.œ- SUrve)tJl'S· L.ndsoøpe Art;hltllCts 1nIn.pot/IlIon Consultlnls
WI/sonM/l/er, Inc.
H'Ii" FottMywr' s.mr.1/rIdrixi ~
J2OOB.r.yLn..suII2Ø HIpln,Fbfdl34tlU5iJ7·Phont ~9-4() O Flit 23U4Wf6 ~ .....O'ImI!k.œn
NOTES:
1. This is not 0 survey.
2. Basis of bearing is the West line of County
Rood 951 (C.R. 951) being S 02'16'01" E, Florido
State Plane Coordinates NAD 83/90. East Zone.
3. Subject to easements, reservations and
restrictions or record.
4. Easements shawn hereon ore per plot, unless
otherwise noted.
5.
6.
7.
8.
9.
10.
ROW represents Right-of-Way.
P.O.B. represents Point of Beginning.
P .O.C. represents Point of Commencement.
O.R. represents Officiol Records.
L.B.E. represents Landscape Buffer Easement.
U.E. represents Utility Easement.
EXHIBIT A
Page-Ï- ot~
N
\
o
1
2!I!lO 100 200
GRAPHIC SCALE
COLUER COUNTY DEPARTMENT
OF TRANSPORTATION
SKETCH & D£SC~PTtON
09/2003
PROJECT NO.:
N6015-005-000
SHEET NUMBER: fiLE NO,:
9J1 OF XXX 2L-812