Parcel 137TO:
FROM:
DATE:
RE:
Sue Filson, Administrative Assistant
Board of County Commissioners
Hope Brack, Real Property Specialist ~ ~
Real Property Management Department
February 29, 2000
Pine Ridge Road, Parcel 137
Michael Procacci and Joseph Procacci
Attached you will find one (1) Purchase Agreement for execution by Chairman
Timothy J. Constantine concerning the above transaction. Please be advised
that the document has been reviewed and approved by the County Attorney's
Office.
The Board of County Commissioners of Collier County, Florida approved
acquisition by gift, purchase or condemnation pursuant to Resolution 98-228,
Agenda Item 8.B.5, dated May 11, 1999, the Board has authorized its present
Chairman and any subsequent Chairman, for the life of the Project, to execute
any instruments which have been approved by the Office of the County Attorney.
Once the Agreement has been executed, please forward same to Ellie Hoffman,
Records Technician III, Minutes and Records Management, for attestation by the
Clerk to the Board.
If you have any questions regarding this matter, please contact me at 774-8991.
Thank You.
Attachment:
PROJECT: Pine Ridge Road Widening/60111
PARCEL NO: #137
FOLIO NO: 80673440004
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between MICHAEL PROCACCl AND JOSEPH
PROCACCl AS TENANTS IN COMMON, (hereinafter referred to as "Owner"), and
COLLIER COUNTY, a political subdivision of the State of Florida, its successors and
assigns (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;
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:
Owner shall convey the Property to Purchaser for the sum of $6,600, 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.
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.
This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within sixty (60) days from the date Purchaser executes this
Agreement; 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.
Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; 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.
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.
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;
Purchase Agreement
Page 2
10.
11.
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.
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 6. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
The Purchaser shall pay for all costs of recording the conveyance instrument in
the Public Records of Collier County, Florida. All other costs associated with this
transaction including but not limited to transfer, documentary and intangible taxes,
and recording costs for any curative instruments shall be borne and paid by
Owner. Owner shall be responsible for paying any costs and/or fees associated
with securing from mortgagee(s), and recording in the public records of Collier
County, Florida, such full or partial release(s) or satisfaction(s) as are necessary
to convey a clear and marketable title to the Property. The cost of a title
commitment shall be paid by Purchaser.
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.
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.)
This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN yVITNESS WHEREOF, the parties hereto have executed this Agreement on
this _~day of ~ ,2000
Date Property acquisition approved by BCC: May 11, 1999, Resolution ¢¢99-228
Purchase Agreement
Page 3
AS TO PURCHASER:
,E?WlGHT E:',BRQCK; Clerk
(,,-Deputy Clerk,
AS TO OWNER:
DATED:
WJtne)~s (Signature)
Name:
~? (P~int or ~');,J'~ ,.
Witness (Signature)
(Print or Type)
ature)
~: (PNnt or T)~pe)
Witness (Signature)
(Print or Type)
BOARD OF COUNTY COMMISSIONERS
COLLIER C~fl"~'-F LO R~A
TIM(~J. COI~NTII4~, CF~airFnan
Michael Procacci
Name: 1,IICItAEL PROCACCI
(Print or Type)
98 Vineyards Boulevard
Naples, FL 34119-4747
By:
Name: JOSEPH PROCACCI
(Print or Type)
98 Vineyards Boulevard
Naples, FL 34119-4747
Approved as to form and
legal sufficiency:
Assistant County Attorney
Rev I ewe d
Date: .
and Approved by:
~ublic ~S Dlv on
PUBLIC WORKS ENGINEERING DEPARTMENT
5.301EAST TAMIAMI TRAIL NAPLES, FLORIDA 541 ]2
(94.1) 774-8192
Project: 6011i
Curve number I
Radius = ES,00'
A =-90'
Arc = 39.27
Chord = 35.36
Chord Brg. S.45'25'16'E,
Curve number
Re~dlus = 25.00'
/% = 53'07'48'
Arc = 23.18
Chord = 22.36
Chord ]~rg, S.63~51'22%/,
SKETCH OF DESCRIPTION
tee simple title
Folio: 80673080008
!
· ~ . TRACT L-14
~ .... VINEYARDS UNIT fNE'
2 PLAT BOOK 1
~> ~ ~ I /. PAGES 67-74
° C.l
~ ~ 01~
Z
~ s.sg'54'44"W.
/~' 1i9.92'
.0-1~/ N.89'54'44"E.
C-2~
EXHIBIT_A-.-
page I ,of I .
,~-cPINE RIDGE ROAb-/"
R-896) 150' R/W
LEGAL _DESCRIPTI~)N
The South Ten (10) feet of Tract L-14 of
the plat Vlheyords~ Unit One as recorded'
in Pldt Book 14, Pages 6~ through 74 of
the Public Records of Collier Cour~.,tO,', Florida.
Containing 1,339 square feet mo, e or less.
D~W~I
CHECKED BY:
SCAL~:
NUT TU
THISISONLYA SKETCH ........,,:..
.: ,,.' .f.. I,.,'(,,:
· ,.'b:':,~" . :':.?[....~ .
,' .,5 .,..::..~ W.rr:.,, ;::,....
- '" /:" '"' '"':'"""::
/~'~RGE R. ~lCHMiSNO:,"¢i'~-"O"='/','.~"!.!
PRO [SS O.,L
OCFICE OF' CAPITAIz.'I51~OrJ~.cfsh: '-"
coLLIER cOUNTY. GO?I~RNMI~iT"COMPLEX
3501 E TAMIAMI TRAII"~,~;!i,,.~I,~PLES,' FLORIDA 54t 12
DAT~ I HIE NO.;
i1-18-98 137 SHEET 1 OF 1
To:
From:
Date:
Subject:
Memorandum
MAUREEN KENYON, SUPERVISOR
MINUTES AND RECORDS
HOPE BRACK
REAL PROPERTY SPECIALIST II
MARCH 27, 2000
RECORDED DOCUMENTS
ATTACHED IS THE FOLLOWING ORIGINAL DOCUMENT FOR YOUR SAFE-KEEPING,
ACQUIRED FOR THE SIX LANING OF PINE RIDGE ROAD BETWEEN AIRPORT ROAD AND
CR 951:
OFFICIAL RECORD BOOK & PAGE NUMBER:
02655~0997 -Warranty Deed -Procacci, Michael and Joseph
cc: Micah Massaquoi, Project Manager, Public Works Engineering Department w/attachment
Abe Skinner, Collier County Property Appraiser w/attachment
File Copy
REAL PROPERTY MANAGEMENT DEPARTMENT
PROJECT: Pine Ridge Road Widening
PARCEL: 137
FOLIO: 80673440004
2611000 OR: 2655 PG: 0997
R~¢ORDED in O~ICIA~ RE~ORDS of ¢OLLIBR ¢0U}{~¥,
03/24/2000 at 03:51PM DWIGHT B. BROCK, CL]~RK
CONH 6600,00
REC ~BE 19.50
COPIES 4.00
Retn:
REAL PROPBR?Y
BXT 8991
INTBR OY~ICB
WARRANTY DEED
THIS WARRANTY DEED made this day of ['"' \ ,2000,
by MICHAEL PROCACCl AND JOSEPH PROCACCl, as tenants in common, whose
post office address is CID Vineyards Development, 98 Vineyards Boulevard, Naples,
Florida 34119-4747 (hereinafter singularly or collectively called the 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 called the 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 situated in Collier County, Florida, to
wit:
See Attached Exhibit "A" which is incorporated herein by reference.
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 as noted above.
This property has been acquired under
threat of condemnation and is exempt from
documental~ stamp tax
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF CO{;?<TY rq'q~"TqSTF~*II:R~
COIL~EP ,;~,U;~T',', FL.O~ZnA,
PURSUAi'~i T0 THE PCO'/ZSiC;iS
OR: 2655 PG: 0998
Page 2
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents
the day and year first above written.
AS TO OWNER:
Wltn'~~ff'~i S ig n~tu re)
Nam/e· r., ¢,,' T~c
(~_int or Type)
Witness (Signature)
(Print or Type)
STATE OF FZ, ORZ~)A
COUNTY OF COLLIER.
The foregoing Warranty Deed was acknowledged before me this 77 day of
· ~'ebn~at,/,2000, by Michael Procacci, who is personally known to me or who has
produced N/A as identification.
(affix notarial seal)
~ ~.~ Co~ission No. CC 596241
~. ~o,,,~ My C.omm, ssion Exp. 1-/~,/1200
/(S~'~nature of Notary Public)
SANDRA A. WALSH
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #: cc596247
My Commission Expires: 1.2/21./2000
Prepared by:
Robert N. Zachary, Esqulr®
Office of the County Attorney
,3301 East Tamlami Trait
Naples, Florida 34112
3941) 774-.8400
OR: 2655 PG: 0999
Page 3
. /,( ,!~rilnt or ,i:~ype)
Witness (Signature)
(Print or Type)
J6~e~h ~roc~cci
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Warranty Deed was acknowledged before me this //f' day of
February , 2000, by Joseph Procacci, who is personally known to me or who has
produced N/A as identification.
(affix notarial seal)
"'~:'>'~¥;:>¥;<".';','~;VL>'~';:~. >':- "~SY>')¥~,'.¥$>~'~'Y~'F~.¥'Y)5"
;V~;' N~m~ Pabl~c State ofFlurid'.
~)' ~C~ Ccmmlssion No. CC 596247
C'o~ ~My Co~mfission E~p. t 2/2 I/2(~0
"';~'l'[~e"8~ Fi~ )l~tary See~. ~ k Bendi-g Ca
SANDRA A. WALSH
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #: cc596247
My Commission Expires: 12/21/2000
2655 PG: 1000 ***
1,57
.i
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 3¢112
(941) 774-15192
Project: 60111
Curve number
R(~dlu$ = 85,00'
I = -90'
Arc = 39.P7
Chord = 35.36
Chord Brg. S.45'EE'I6'E.
Curve number
Radius =
~ = 53'~7'4B'
Arc = E3.18
Chord = ~E.36
Chord
Folio:
SKETCH OF DESCRIPTION
80673080008
fee simple title
EXHIBIT i ,
,Page_ I..L of I .....
0~-
>-
~J
z
I
~ ./~ TRACT L-14 .
~, ...iS/. . VINEYARDS UNIT ONE
j¢/" ~ PLAT BOOK 14-
'-
,,
!
o ic,,I
I
I
i
I
, s.sg 54 44 W. t
/ ~-,"-' 119.92'
.C-lJ'--/ N.Bg'34-'44"E.
C-:Z-/
~cPINE RIDGE ROA'D-/'
R-896) 150' R/W
,b
LEGAL DESCRIPTI~)N
The South Ten (10) feet of Tract t-14 of
the plat Vineyards, Unlt One as recorded
in Pldt Book 14, Pages 67 through 74 of
the Public Records of Collier CoLIr?...>'0 Florida.
Containing ~,339 squure feet mo~,a or less.
ICHECKED
THIS
NOT TO
SCALE
IS ONLY A SKETCH ..... .;...,,:'.. '
i~, '~/.,.~','. n,',,, :!
__ ," ,-:; :,':'. ','¢};c";'::':i: ':
-., .. ,, : . . ;.z..;~ . %...
~_ORGE R. RICHMONO~',. ~ ~-"f),' ~ ,'.~"I '
OFFICE OF CAPITAL:' 15EOJ~CfS::: '-"
COLLIER COUNTY. 60%)~RNMI~igT"COMPLEX
~301 E TAMIAMI TRAIb",{:'~;,.'NAPLES,' FLORIDA ~4t 12
DAT~ I IqLE NO.:
H-ts-98 137 SHEET 1 OF 1