Parcel 118Memorandum
TO:
FROM:
DATE:
RE:
Sue Filson, Administrative Assistant
Board of County Commissioners
Hope Brack, Real Property Specialist
Real Property Management Department
March 27, 2000
Pine Ridge Road, Parcel #118
Jancigar
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 99-384,
Agenda Item 8. D.1, dated September 28, 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. 10.~
Attachment:
PROJECT: Pine Ridge Road
PARCEL: 118
FOLIO: 287400009
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered by and between ANTHONY F. JANCIGAR, as Trustee of that certain
unrecorded Trust Agreement 88-429-1 (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 simple interest in the lands described in
Exhibit "A", which is attached hereto and made a part of this Agreement, (hereinafter
referred to as the "Property"); and
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, under the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property to Purchaser.
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 are hereby mutually acknowledged, it is agreed by and between the parties as
follows:
Owner shall convey the Property to Purchaser in exchange for the sum of
$84,300.00, payable by County Warrant, said transaction hereinafter referred to as
"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 any
and all other damages in connection with the purchase of said Property.
Purchaser shall construct an opening and turn lane in the median for the 6 lane
Pine Ridge Road such that west-bound to south-bound vehicular turns may be
made from Pine Ridge Road into Owner's property. Median opening shall be
centered at approximately Station 1071 +86 (Baseline of Survey). Nothing herein
shall vest Owner with permanent and/or recoverable rights to said median
opening. Purchaser, at its sole discretion and without further compensation to
Owner, reserves the right for cause to modify or close said median opening in the
interests of public safety· rv~fA~4 OPF-~
Prior to Closing, Owner in~;m ihe~ol s i , eptio
and/or qualifications encumbering the Property, the execution of such instruments
which will remove, release or subordinate such encumbrances from the Property
upon their recording in the public records of Collier County, Florida.
e
This Agreement shall be null and void and of no further force or effect unless
Closing shall occur within sixty (60) days of the date Purchaser executes this
Agreement; provided however, that Purchaser, at its sole discretion, may extend
the term of this Agreement indefinitely pending receipt of such properly executed
instruments which either remove, release or subordinate any and all liens,
encumbrances and/or qualifications which might interfere with Purchaser's
enjoyment of the Property.
Owner shall pay its pro-rata share of taxes, assessments, or other term expenses
of the Property through the day before the Closing.
Owner shall convey a marketable title to the Property free of any liens,
encumbrances, exceptions, or qualifications. Marketable title shall be determined
according to applicable title standards adopted by the Florida Bar and in
Purchase Agreement Page 2
10.
11.
12.
13.
14.
accordance with law. The Owner will, if title is found unmarketable, use diligent
effort to correct defect(s) in the title within the time provided therefor including the
bringing of necessary suits. Any and all documents to clear title to the Property
shall be provided to Purchaser on or before the date of Closing.
The Purchaser shall pay for all costs of recording the deed. All other costs
associated with this transaction including, but not limited to, transfer, documentary
and intangible taxes, and 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 the obtaining and recording of Releases and Subordinations of
liens recorded against the Property.
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 County; 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 County, that the
seller 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 County against and
from, and to reimburse the County 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 County by reason or arising out of the breach of
owner's representation under Section 7. This provision shall survive closing and is
not deemed satisfied by conveyance of title.
Conveyance of the Property, or any interest in the Property, by the 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.
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.
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. (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 govemed and construed in accordance with the laws of the
State of Florida.
This Purchase Agreement and the terms and provisions hereof shall be effective
as of the date this Purchase Agreement is executed by both parties; and shall
Purchase Agreement Page 3
inure to the benefit of and be binding upon the parties hereto and their respective
heirs, executors, personal representatives, successors, successor trustees, and
assignees, whenever the context so requires or admits.
IN WITNESS WHEREOF, the parties hereto have executed this Purchase
Agreement on this,,~-/-Z~ day of V'2.)<u--u.-' , ~0nn.
Property acquisition approved by BCC pursuant to Resolution No. 99-228.
AS TO PURCHASER:
.DATED:~I)/~ z'Z
·
:: :.' .,/::'DWIGEIT..E.'::BROCK, Clerk
: ..i: ,' .,: Attest' a~ .to Chairman's
"'..'
".. '!~-:.~,'~f-f~,,iV, Deputy Clerk
AS TO OWNER:
DATED:
F~ES, S:
(Signature) "'
(Printed Name)
BOARD OF Cn~ ~NTY C, QMMISSIONERS
· '~othy J .'~Ltantine ,
Chairman
Approved as to form and
legal sufficiency:
R~ry
Assistant County Attorney
3301
PL1B1JC WORKS ENGINEERING DEPARTMENT
EAST TAMIAMI 'I'llAll, NAPI,ES, FI,ORIDA 341 i 2
(941 ) 7'/4-8192
IJ':,GAI., I)! SCRIIH'ION (NO'!' A S;I I! VEY)
PROJECT NO..60 ! I I
v..xrcEt. Nn... l 18
I:t'll.!~ NCI... OO~.e,744ooo I
FEE SIMPLE TITLE
I,EGAL DESCRIPTION
A parcel of land lying in Section 18, Township 49 South, Range 26 East, Collier County,
Florida and being more particularly described as follows;
COMMENCE at the Northwest Comer of said Section 18, thence run N 89° 34' 36" E
1289.76 feet; thence S 00° 22' 55" E 111.47 feet to the POINT OF BEGINNING of
the parcel of land hereinafter described, said point also being on the South Right of Way
Line of Pine Ridge Road (CR 896); thence S 84° 20' 44" E 55.70 feet to a point of
curve; thence along a curve to the left having a radius of 5804.58 feet, a central angle of
2° 38' 45", an arc length of 268.05 feet and a chord which bears S 85° 40' 03" E to a
point on a non-tangential line; thence S 00° 24' 36" E 35.06 feet to a point on a non-
tangential curve; thence along a curve to the right having a radius of 5839..58 feet, a
central angle of 2° 39'59" an arc length of 271.76 feet and a chord which bears N 85°
40' 43" W to a point on a tangential line; thence N 00° 22' 55" W 35.46 feet to the
POINT OF BEGINNING.
Containing 11,331 square feet, more or less.
bob\pag\lgld.043
Parcel No. 118
PREPARED n~~~.bi..6: ......... DATE..~...I'?j~.~...
PROFESSIONAL I,AND SURVEYOR-FL. REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT,
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
Curve number
Radius = 5804.58'
Z~ = 02'38'45'
Arc = 268.05'
Chord = 268.02'
Chord Brg. S.85'40'07'E.
SKETCH OF DESCRIPTION
t I
.//
Curve number
Radius = 5839.58'
A = 02'39'59'
Arc = 271.76'
Chord = 271.73'
Chord Brg. N.85'40'43'V,
GENERAL NOTES
1) P.O.C, Indlcates Point oF Commencement
2) P.D.B. Indicates Point oF Beginning
3) Sec, lndlcates Section
4) Twp, Indicates Township
5) ROe. Indicates Range
6) R/V Indicates RIght-oF-way
7) Art distances are In Feet and declma|s thereof
8) Bearings ore based on the North line oF
Section 18 as being N.Bg'34'36'E.
9) Not vatld untess signed and seoted ~lth the embossed
seat oF the professional land surveyor
"%P.EI.C.
Northwest corner of
Section 18, Twp. 49 S.,
Rge 26 E.
Collier County, Florido
THIS IS ONLY A SKETCH
DRAWN
ICHECKED BY: ~ S~: DALE: I fiLE NO.:
NOT TD 11-1R-gR 11R
SHEET 2 OF 2
PINe -Ft-IBGE- RQAD ~
PVC f-WM f _ -00eJ, ,,, if R4
:ZZZ~"~" ·
Qt)hK)T. 41v NC~ / '
---/-
107' *GO 1072'00 ~Q73' O0
TRANIIqNRTATIQ~ IIglYll~ll 141lmill~fll~lT
PROJECT: Pine Ridge Road
PARCEL: 118
FOLIO: 287400009
THIS CONVEYANCE ACCEPTED BY THE BOARD
QF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, PURSUANT TO THE PROVISIONS OF
RESOLUTION NO. 99-384
2614102 OR: 2657 PG: 2855
RBCORDMD in OFFICIAL RICORDS of COLLIIR COUNTY, PL
03/31/2000 at 09:47AM DWIGHT B. BROCK, CLINK
CONS 84300, O0
Retn:
RBAL PNOBRTY
BXf 8991
INTBR OFFICB
19.50
WARRANTY DEED
THIS WARRANTY DEED executed this ~E~7'~day of y/X,~/P.,C-,L4- ,2000, by
ANTHONY F. JANCIGAR, as Trustee of that certain unrecorded Trust Agreement 88-
429-1 (hereina~er 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 situate in Collier County, Florida, to wit:
See attached Exhibit 'A' attached hereto and incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
This property is NOT the Homestead of the Grantor
TO HAVE AND TO HOLD the same in fee simple forever, together with all the
tenements, hereditaments and appurtenances thereunto belonging or in anywise
appertaining.
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
documentary stamp tax
THIS CONVEYANCE ACCEPTEO BY THE1
BOARD OF COUNTY COX~,!-TSS~ONERS,
COIl ~Fp PPUNTY FLOPIDA,
PURSUANT TO THE PF:OVZS~C:NS
OF RESOLUTZON NO. ~-~
OR: 2657 PG: 2856
IN WITNESS WHEREOF,
the day and year first above written.
the Grantor has caused these presents to be executed
WITNESSES:
(Signature)
g~ture)
under Trust ~grel ustee
STATE OF F'Lo
COUNTY OF Co
The foregoing Warranty Deed was acknowledged before me this ~'r. day of
~ ~ Ft- ,2000, by Anthony F. Jancigar, as Trustee under that certain unrecorded
Trust Agreement 88-429-1, who:
/'~ is personally known to me
OR
produced
(affix notarial seal)
Ernest W. Kerslcie
~~~CC753115
T C
as proof of identity,
~Sig~na ure of NoF~ Public)
(Print Name of Notary Public)
Serial / Commission # (if any):
My Commission Expires:
~:,'.;~b~ N. Zachary, Esqulr®
O~"~ic9 of the County Attay
3301 East Tamlaml TraB
Naples, Florida ~113
(~1) 77~
2657
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34'1 `12
(94'I) 774-8'192
PC: 2857
LEGAL DESCRIPTION (NOT A SURVEY)
PROJECT NO ...................Ll./....
.o ........... .....
TAX PARCEL NO .....................................
LEGAL DESCRIPTION
A parcel of land lying in Section 18, Township 49 South, Range 26 East, Collier County;/
Florida and being more particularly described as follows;
COMMENCE at the Northwest Corner ofsaid Section 18, thence run N 89° 34' 36" E
1289.76 feet; thence S 00° 22' 55" E 111.47 feet to the POINT OF BEGINNING of
the parcel of land hereinafter described, said point also being on the South Right &Way
Line of Pine Ridge Road (CR 896); thence S 84° 20' 44" E 55.70 feet to a point of'
curve; thence along a curve to the left having a radius of 5804.58 feet, a central angle of
2° 38' 45", an arc length of 268.05 feet and a chord which bears S 85° 40' 03" E tO
a point on a non-tangential line; thence S 00° 24' 36" E 35.06 feet to a'point on a non-
tangential curve; thence along a curve to the right having a radius of 5839..58 feet, a
central angle of 2° 39'59 !' an arc length of 271.76 feet and a chord which bears N 85°
40' 43" W to a point on a tangential line; thence N 00° 22' 55" W 35.46 feet to the
POINT OF BEGINNING.
Containing 11,33 1 square feet, more or less.
bob~pag~lgld.043
Parcel No. 118
t/
PROFESSIONAL" LAN~rS[JRVEYOR-FL. REG. # 2406
PUBLIC WORK8 ENGINEERING DEPARTMENT.
COLLIER COUNTy G~VERNMENT COMPLEX
330~ EAST TAMIAMI 'TRAIL:'
NAPLES. FLORIDA ;' 84112 SHEET 1 OF 2
*** 0R: 2657 PG: 2858 ***
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
Curve number 1
Radius = 5804.58'
A = 02'38'45'
Arc = 268,05'
Chord = 268,02'
Chord Brg. S.85'40'07'E.
Curve number 2
RGdlus = 5839.58'
A = 02'39'59'
Arc = 271,76'
Chord = 271.73'
Chord Br9. N.85°40'43'W.
SKETCH OF DESCRIPTION
'1
,/
I
55.70' / ·" ' ' ' ,'
, .84'20'44"W.
I
GENERAL NDTES
1) P.D.C. IndlcGtes Point o? Commencement
2) P.D.B. lndlcai;es Point oF 3eglnnlnO
3) Sac. IndlcGtes Section
4) Twp. IndlcG~es Township
5) Rge. lndlcates Range
6) R/W ~nd~cotes R~Qht-oF-wGy
7) At[ distances are In Feet and decimals thereof
8) Bearings are based on the North line oP
Section 18 as being N.89'34'36'E.
9) No~ valid untess signed and seated with the embossed
seat oF the proFessionat Land surveyor
THIS IS ONLY A SKETCH
'hP.O.C.
Northwest corner of
Section 18, Twp. 49 S.,
Rge 26 E.
Collier County, Florida
D~ BY: CHECK~ ~: SCALE: ~1~ RLE NO.:
NOT TO
ll-ls-gs 118
SCALE
SHEET 2 OF 2