Parcel 111
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ITEM NO.:
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DATE RECEIVZiJnV.'. OCT 30
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FILE NO.:
ROUTED TO:
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Date: Monday, October 30, 2006
To: Office of the County Attorney
Attention: Ellen T. Chadwell, Assistant County Attorney
From: ..~ Margaret J. Kreynus, Senior Property Acquisition Specialist
~ Transportation Right-of-Way Office
RE: Oil Well Road, #60044, Parcel No. 111 - Vega
BACKGROUND OF REQUEST: Conveyance Documents
ATTACHMENT:
Purchase Agreement
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This item has not been previously submitted.
ACTION REQUESTED: Please review the attached purchase agreement, the agreement needs
to be signed by Chairman Halas and attached is the required memorandum/routing slip to Sue
Filson. Thank you.
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PROJECT: 60044
PARCEL No: 111
FOLIO No: 39890200007
PURCHASE AGREEMENT
THIS PURCHASE AGf3Ej:MENT (he~~i~erred to as the "Agreement") is
made and entered into this 6{.A day of U -', 2006, by and between
PABLO C. VEGA, a single man, whose mailing address is 2325 Oil Well Road, Naples,
Florida 34120-7537 (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 . 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:
$ 68.700.00
subject to the apportionment and distribution of proceeds pursuant to
Paragraph 10 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 shall be in full and
final settlement of any damages resulting to Owner's remaining lands, costs to
cure, and 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.
3. Owner shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. 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"):
(a) Warranty Deed;
(b) Closing Statement;
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
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Purchase Agreement
Page 2
(d) W-9 Form; and
(e) 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, 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.
5. Both Owner and Purchaser agree that time is of the essence of this Agreement
and that, therefore, Closing shall occur within ninety (90) 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, payment shall be made to
Owner in that amount shown on the Closing Statement as "Net Cash to Seller,"
and Owner shall deliver the Closing Documents to Purchaser in a form
acceptable to Purchaser. Purchaser shall be entitled to full possession of the
Property at Closing.
6. Owner and Purchaser agree to do all things which may be required to give
effect to this Agreement immediately as such requirement is made known to
them or they are requested to do so, whichever is the earlier.
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.
8. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the
Property, to enter into and to execute this Agreement, to execute, deliver
and perform its obligations under this Agreement and the instruments
executed in connection herewith, to undertake all actions and to perform
all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
(b) Purchaser's acceptance of a deed to the said Property shall not be
deemed to be full performance and discharge of every agreement and
obligation on the part of Owner to be performed pursuant to the
provisions of this Agreement.
(c) No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
(d) 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.
, I
Purchase Agreement
Page ~
(e) There are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the Property.
(f) 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.
(g) Purchaser is entering into this Agreement based upon Owner's
representations stated in this Agreement 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.
(h) 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.
9. Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and 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 any of Owner's representations under paragraph 8(h). This
provision shall survive Closing and is not deemed satisfied by conveyance of
title.
10. Purchaser shall pay all fees to record any curative instruments required to clear
title, all Warranty Deed recording fees, and any and all costs and/or fees
associated with securing and recording a Release or Subordination 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. In
accordance with the provisions of Section 201.01, Florida Statutes, concerning
payment of documentary stamp taxes by Purchaser, Owner shall further pay all
documentary stamp taxes required on the instrument(s) of transfer.
Purchase Agreement
Page 4
11. 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 gross amount of
2006 taxes, and shall be paid by Owner. Real Property taxes shall be prorated
based on the current year's tax 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.
12. 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.
13. 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.)
14. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated herein; and this 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. No modification, amendment or
consensual cancellation of this Agreement shall be of any force or effect unless
made in writing and executed and dated by both Owner and Purchaser.
15. Should any part of this Agreement be found to be invalid, then such invalid part
shall be severed from the Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect and not be affected by such
invalidity.
16. 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 3/d day of &/a /1or ' 2006.
Property acquisition approved by BCC pursuant to Resolution No. 2006-107, dated
April 25, 2006.
AS TO PURCHASER:
DATED: /()/31 / Db
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DWIGH."f :E: '8~Ct<, Clerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~~_/
FRANK HALAS, Chairman
AS TO OWNER:
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P~BL C. VEGA !/
:roe f<.. A.JfJe,J<..
Name (Print or Type)
G~I./1t"'7#2J CaTC,q
Witness (Signature)
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Name (Print or Type)
GV; 11~ltIo CQ-tC"a.
Approved as to form and
legal sufficiency:
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....Ellen ~ Chadwell
Assistant County Attorney
PROJECT NO. 60044
PROJECT PARCEL NO. 111
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THE SOUTH 50 FEET OF TRACT 2, GOLDEN GATE ESTATES UNIT
NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 0.442 ACRES, MORE OR LESS.
TRACT 2
WEST PROPERTY LINE
EAST PROPERTY LINE
.. _.. _.. _.. _.._.. _. .1..
EXISTING OIL WELL ROAD RIGHT-OF-WAY LINE & PROPERTY LINE
50 FEET
PROPOSED ADDITIONAL RIGHT-OF-WAY (50 FEET)
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NOT TO SCALE
Collier County Transportation Engineering & Construction Management Department
10/13/0611 :42 AM
MEMORANDUM
DATE:
11 f:J
May }:S, 2007 W
TO: '\:\\] Ms. Sue Filson, Executive Manager
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FROM:.
Margaret J. Kreynus, Senior Acquisition Specialist
RE:
Purchase Agreement
Oil Well Road, #60044, Parcel No. III TDRE
Pablo C. Vega, a single man
Attached is a copy of a donated TDRE Agreement ready for execution by Chairman
James Coletta. Resolution No. 2006-107, adopted by the Board of County
Commissioners on April 25, 2006 (agenda item no. lOA), authorized the acquisition of
easements and/or fee simple parcels required for the construction of the four and six lane
improvements to Oil Well Road, and further authorized its Chairman to execute various
Agreements on behalf of the Board.
Please ask Chairman Coletta to execute the attached TDRE Agreement on behalf of the
Board of County Commissioners and forward to the Clerk of Minutes and Records for
attestation. Thank you.
PROJECT: 60044
PARCEL No: 111
FOLIO No: 39890200007
TORE AGREEMENT
THIS TDRE AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this !---! day of I (!/ (! , 2007, by and between
,
PABLO C. VEGA, a single man, whose mailing address is 2325 Oil Well Road, Naples,
Florida 34120-7537, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a
political subdivision of the State of Florida (hereinafter referred to as "County"), whose
mailing address is 3301 Tamiami Trail East, Naples, Florida 34112.
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a Temporary
Driveway Restoration Easement (hereinafter referred to as "TDRE") 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 said TDRE to County for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Owner recognizes the non-monetary benefit to Owner resulting from
a smooth transition between Owner's existing driveway and the new roadway, and
desires to convey the TDRE to the County for the stated purposes, on the terms and
conditions set forth herein, said terms including that no compensation shall be due and
payable for the TDRE requested by County.
NOW, THEREFORE, in consideration of these premises set forth above, 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 TDRE to County at no charge to the County.
3. Owner shall deliver the properly executed TDRE instrument to County within
30 days of the date of this Agreement.
4. The County shall pay for all costs of recording the TDRE instrument in the
Public Records of Collier County, Florida.
5. 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.
6. The TDRE shall commence upon its recording in the Public Records of
Collier County, Florida.
7. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and this 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. This Agreement may only be amended in writing by the parties hereto.
8. This Agreement is governed and construed in accordance with the laws of
the State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
Property acquisition approved by BCC pursuant to Resolution No. 2006-107, dated
April 25, 2006.
AS TO PURCHASER:
DATED:
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DWIG'HTE. BROCK;;Clerk
Atte!t?r~~ Cle;r
signature onr., "
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BOARD OF COUNTY COMMISSIONERS
COLLIER COU~jTY, FL ID
BY:
JAM
AS TO OWNER:
DATED: c; (, '-1/ ';2, '1
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Witness (Signature)
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Nam~ (Print or Type)
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Name (Print or Type) I
Approved as to form and
legal sufficiency:
.UL, V ej\~
Ellen T. Chadwell
Assistant County Attorney
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\ ,Rec'd J
..~puty Clerk
LEGAL DESCRIPTION AND SKETCH
Temporary Driveway Restoration Easement Parcel No. 111 TORE
(This is not a Field Survey)
DESCRIPTION
The West 36.0 feet of the East 166.0 feet of the North 40.0 feet of the
South 90.0 feet of Tract 2, Golden Gate Estates, Unit No. 64, as recorded
in Plat Book 7, Page 64 of the Public Records of Collier County, Florida.
Containing 1,440.0 square feet, more or less.
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N 89'40'50" W
385.0'
TRACT fEMPORARY DRIVEWAY
RESTORATION EASEMENT
(DUijATlQN: 3 YEARS.,
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TEMPORARY DRIVEWAY
RESTORATION EASEMENT
NO. 111 TDRE
(1 ,440:!: SQUARE FEET)
~ 36.0'
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PROPOSED RIGHT-OF-WAY LINE
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130.0'
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NOT TO SCALE
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EXISTING RIGHT-OF-WAY LINE
S 89'31'10" E 385.0'
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OIL WELL RD. (C.R. 858)
(1 00' R/W)
BEARINGS AND DIMENSIONS SHOWN ARE
BASED ON THE PLAi OF GOLDEN GATE
ESTAiES, UNli 64, COLLIER COUNTY, FL.
SHEET 1 OF 1
LEGAL DESCRIPTION AND SKETCH PREPARED BY McKlM&CREED, PA
STAiE OF FLORIDA CERTIFICATE OF AU1'HORlZATlON No, LB 6568.
CLlENr: COLLIER CO. / CH2MHILL
PROJECT: OIL WELL ROAD
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JEFFREY M. ~LL - PROFESSIONAL SURVEYOR AND MAPPER
STATE OF FLORIDA REGISTRATlON LICENSE No. LS 6369
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DATE: APTlL 18, 2007
. :M=I<IlvI&CREED
6241 ARC WAY
FORT MYERS, FLORICA, 33912
PHONE: (239) 276-6876 Fax: (239) 276-7029
FLORIDA CERllRCATE OF AlIrnORIZATlON No. LB 6666
IN'TERNEr SITE: KT11':/NMw.MCKlMCREED.COM
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