Backup Documents 04/13/2010 Item #16B 71687
Teresa L. Polaski
From:
FarrisDeborah [DeborahFarris @colliergov.net]
Sent:
Tuesday, April 13, 2010 11:14 AM
To:
Minutes and Records
Cc:
hendricks_k; WilliamsSteven
Subject:
Termination of Purchase Agreement
Attachments:
Steve Williams termination Itr.pdf
Trish,
Today, as Agenda Item 16137, the BCC ratified termination of the Purchase Agreement with Mar Investments, LLC. The terminated
agreement was previously approved by the BCC on 1/26/2010 as Agenda Item 10(c) and is currently part of your department's
online records available at "Boards, Minutes, and Records /BMR Real Property /Collier Blvd /US -41 Overpass #60116 /Parcel 101FEE ".
The attached 3 -19 -2010 "termination" letter by Steven T. Williams was included as part of the backup submitted for Agenda Item
1687, and is being forwarded to you per my conversation today with a member of your staff. Thank you for your assistance and
please do not hesitate to contact me regarding this matter.
Deborah Farris, Florida Registered Paralegal
Real Estate Closing Agent
Collier County TECKROW
Phone: (239) 252 -5861
Fax: (239) 252 -6638
Deborah FarrisCc colliergov.net
Office of the County Attorney
Jeffrey A Klatzkow
, ._.
Nbr Its wa oat I.t.0
14810 Griffin Rd
Davie. Florida i ;tit
ItLi I rinmation Notice
Dear Mar how m ums. I lK.
March 14. 2010
Sent i't.a I'acwnalr 17cetr ntc A mhjtg and
Please: he" adeised that Collier Comm has had the opportunity to reaiov the title hi k)try
to the property that is the subject at the -Iaouary ?G. 2010 Pwrehaae l:reement entered into
beteeeen Mat lnrc anwmk I.t_C and Collier County Sprciticaliy. the pruperiy is described ac:
Parcel 1:
A portion of Section 3, 'f'ownAip 51 South. Range 26 Fast, Collier County, Florida,
being more particularly described as follows:
Begin at the most Southern corner of Tract 3F of Freedom Square, as recorded in
Phi Book 22, page's 56, 57 and 58, of Cite Public Records of Collier founts, Florida;
thence forth 35 degrees 40' 39" Fast, along the boundary of said Tract 3F fur
219-95 fret: thence South 54 degree, 2IP 24" East. along the boondan of said Tract
31F, for 194.98 feet to the Westerly right -of-wow line of Isic of Capri Road: thence
South 35 degrees 40' 39" West along acid righwof -way Lme, We 186.63 feet; thence
South 76 degrees 40' 29" for 44.16 feet m the Northcrly rigit i -of -woe tine of
'famianri ' F rail ff'S Highwa, 44l n Nowe North 54 degrees 20' 24" West, along said
ri livoGway line for 166.01 feet to the Montt of Beginning,
Parcel 2:
All that part of Tract 3F, according to the plat of Fteedom Square, as recorded in
Plat Book 22, pages 56, 57 and 58, of the Public Records of Calder County, Florida.
and being more particularly described as follows: Beginning at the most Soutircriy
corner of said 'I Tact 3F; thence along the boundary of said Tract 3F, the following
hwo described courses: (I l North 54 dogrecs 20' 24" West 45.QU Wet; 0) North 35
degrees 40' 39" Fast, 269.95 feet; thence Leaving said buundar;y line, South 54
degrees 20' 24"' Fast 239.98 feet to a point on the hmmdary three described courses.:
( 1) South 35 degrees 40" 39" W est, 50 feet: (2) North 54 degrees 20' 24" West, 19195
Ito; (3) South 35 degrees 411' 39" West 219.95 feet to the Point of Beginning.
687
Agenda Item No. 1687
April 13, 2010
Page 17 of 17
As you were previously notified by Deborah Farris of Collier County Transportation on
February 10, 2010, there are exceptions appearing in Mar's title policy and the title commitment
issued to Collier County. More specifically, you were informed that the County objected to: (1)
all or any portion of the easements granted to Florida Power & Light Companv by instruments
filed in OR Book 34, Page 91 and OR Book 926, Page 781 that are in conflict with Collier
County Project #60116 improvements being developed for that area; and (2) Grantor's
Reservation of Access appearing in Paragraph 5 of the Special Warranty Deed recorded at OR
Book 4117, Page 1702 of the public records of Collier County, Florida.
It should be self - evident why these two exceptions would render this parcel unfit for the
County's purposes in an overpass project where road right -of -way and retention pond areas were
being considered for the parcel.
Please be advised that this Notice is provided pursuant to Section 6 of the Purchase
Agreement. The previous Notice of February 10, 2010 provided you thirty (3o) days to remedy
the above defects. Absent providing the County such a remedy, the County has seven (7) days to
either "accept title as it then is, waiving any objection, or may terminate the Agreement." Given
the clear time constraints of the Agreement and time being of the essence, the County hereby
terminates the Agreement.
Sincerely,
OFFICE OF THE COUNTY ATTORNEY
k4,71 CJX
Steven T. Williams
Assistant County .Attorney
cc: Brian P. Patchen, Fsquiro
3'he Law Office of Brian P. Patchen
1000 Brickell Avenue, Suite 1112
Miami, FI. 33131 -3014
Facsimile: 1 -305- 372 -3691
E -Mail: patchlaw gbrianpatchen.com
CP110- ECM- 01280'Q