Parcel 188To:
From:
Date:
Subject:
MEMORANDUM
Sue Filson, Administrative Assistant
Board of County Commissioners
Robert Texter '~...~~'
Real Property Specialist I
Real Property Management Department
October 19, 1999
Golden Gate Boulevard Improvements
Collier County Project No. 63041
Parcel: 188/Acevedo
RECEIVED
OCT 2 0 1999
Board of County Commissioners
Attached you will find one (1) Purchase Agreement for execution by Chairwoman Pamela S.
Mac'Kie concerning the above transaction. Please be advised that Robert Zachary, Assistant
County Attorney, has reviewed and approved the attached document.
The Board of County Commissioners of Collier County, Florida approved the acquisition by
gift, purchase or condemnation in Resolution 99-283, Item 8(B)(5), dated June 22, 1999.
Pursuant to the previous resolution 98-107, Paragraph 8, 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 Agreements have been executed, please forward same to Ellie Hoffman, Records
Technician III, Minutes and Records Management, for attestation by the Clerk to the Board.
Ms. Hoffman will then call me at extension 8991 for document pick-up.
Thank you.
Attachment as stated
PROJECT: Golden Gate Boulevard
PARCEL NO: 188
FOLIO NO: 36961080007
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between MARIA CRUZ NKJA MARIA CRUZ ACEVEDO
and JUAN C. ACEVEDO, wife and husband, (hereinafter referred to as "Owner"), and
COLLIER COUNTY, a political subdivision of the State of Flodda, its successors and
assigns (hereinafter referred to as "Purchaser");
WHEREAS, Purchaser requires a fee estate in that land described in Exhibft "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:
1. Owner shall convey the Property via Warranty Deed to Purchaser in exchange for
the sum of $36,200.00, payable by County Warrant, said transaction hereinafter
referred to as "Closing". Said payment shall be full compensation for the Property
conveyed to the Purchaser.
2. 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.
3. 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 dght 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.
4. 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 wdtten or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
5. 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, Flodda.
Purchase Agreement
Page 2
6. 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 rifle.
7. 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.
8. The Purchaser shall pay for all costs of recording the deed in the Public Records
of Collier County, Florida. The cost of a title commitment shall be paid by the
purchaser. 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.
9. 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.
10. If the Owner holds the Property In the form of a partnership, limited partnership,
corporation, tnJst or any form of representative capacity whatsoever for others,
Owner shall make a written public disclosure, according to Chapter 288, 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.)
11. This Agreement is governed and construed In accordance with the laws of the
State of Florida.
Purchase Agreement
Page3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this _~, day of ~_~-~ .,~ ,19~,
Date Property acquisition approved by BCC: 4/28/98 Resolution No. 98-107
Date Property condemnation approved by BCC: 4/27/99 Resolution No. 99-283
AS TO PURCHASER:
DATED: ~)~-~. ~; \e,~.et
A'i-rEST:
.... · ' DWIGHT E. BROCK, Clerk
--' :~'~ ~" ':~-;,r'~,'".~ '-.
==: =-; .~,: ' ~' .-.'.-' ; .~ , Deputy Clerk
~.-?~'.....~.. ? -
'",,,;, i: 's {cmature ohio.
"'AS TO OWNER:
BOARD OF C~JN:~ISSIONERS
COLLIER C~IN/,-~, F. LORIDA
PA~ S. MAC~a'E, Ch,~r'rwoman
DATED:. I0 - t~-~l~
Witness (Signature)
Name: ,~")~_~ s h-~[4~W(;:
(Print or Type)
V~itne~s (Signature)~
Witness (Signature)
Name: '~'~ ,~'g/~;
(Print or Type)
~itn~s (Signature)
Name'~,~,~-.,.,~'z 4/.
(Pl~t or Type)
MARIA CRUZ ~
A/K/A MARIA CRUZ ACEVEDO
4600 31~ PI SW
Naples, FL 34116
JUAN C. ACEVEDO
4600 31~ PI SW
Naples, FL 34116
Approved as to form and
legal sufficiency:
Assistant County Attomey
Rev~wed and ~3pmved b~.
Date:
PROJECT NO. 63041
PROJECT PARCEL NO. 188
F'~ ~,~ ~.~ ..
EXHIBIT
(NOT A SURVEY)
The West 180 feet of Tract 17, Golden Gate Estates Unit No.8, as
recorded in Plat Book 4, Page 97 of the Public Records of Collier County,
Florida.
EXiSTSNG RM UNES
I
',
I
I
WEST P~OPE~TY LINE I ,
I I
I
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,.
I
!
FEET
N
PRE PA.qED BY:
SCA~E.' f,i'~ · t00feet'
GEOJilOE R. RCttMOI, K) II.LB. 1 2406
I)U~UC ~ ENGIdEER]NG DEPT,
~3Q1 F.J~T TM 'rRAA.
· NAPt. ES R.O~OA ~4112 '!
t
To:
From:
Memorandum
MAUREEN KENYON, SUPERVISOR
MINUTES AND RECORDS
ROBERT TEXTER ~'~
REAL PROPERTY SPECIALIST II
Date: April 14, 2000
Subject:
AGENDA ITEMS: 8(B)6
JUNE 22, 1999
ATTACHED ARE THE FOLLOWING ORIGINAL DOCUMENTS FOR YOUR SAFE-KEEPING,
COMPRISING A LIST OF 14 DOCUMENTS, ACQUIRED FOR THE FOUR LANING OF GOLDEN
GATE BOULEVARD BETWEEN STATE ROAD 951 AND WILSON BOULEVARD:
OFFICIAL RECORD BOOK & PAGE NUMBER:
2630~2949-2950
2630/2951-2953
2630/2954-2956
PARCEL 171/DOSS
PARCEL 171/DOSS
PARCEL 171T/DOSS
EASEMENT AGREEMENT PARCEL 177/TRUJILLO
2619/2780-2782 PARCEL 177FFRUJILLO
PURCHASE AGREEMENT PARCEL 188/ACEVEDO
2606/1174-1176 PARCEL 188/ACEVEDO
EASEMENT AGREEMENT
2622~0793-0795
2622~0796-0798
PARCEL
PARCEL
PARCEL
202/POLANCO
202/POLANCO
202T/POLANCO
EASEMENT AGREEMENT
2632/3486-3488
2632/3489-3491
PARCEL
PARCEL
PARCEL
207/DEL RIO
207/DEL RIO
207T/DEL RIO
259011127-1128
PARCEL 273/MALDONADO
cc: A.N. Korti, Project Manager, Public Works Engineering Department w/attachment
Collier County Property Appraiser w/attachment
Inventory File Copy
REAL PROPERTY MANAGEMENT DEPARTMENT
PROJECT: Golden Gate Boulevard
PARCEL NO: 188
FOLIO NO: 36961080007
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between MARIA CRUZ A/K/A MARIA CRUZ ACEVEDO
and JUAN C. ACEVEDO, wife and husband, (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 via Warranty Deed to Purchaser in exchange for
the sum of $36,200.00, payable by County Warrant, said transaction hereinafter
referred to as "Closing". Said payment shall be full compensation for the Property
conveyed to the 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.
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.
Purchase Agreement Page 2
10.
11.
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.
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 deed in the Public Records
of Collier County, Florida. The cost of a title commitment shall be paid by the
purchaser. 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.
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.
Purchase Agreement
Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this ~ day of ~_ ~L~t.~u- ,19 ~ .
Date Property acquisition approved by BCC: 4~28~98 Resolution No. 98-107
Date Property condemnation approved by BCC: 4/27/99 Resolution No. 99-283
AS TO PURCHASER:
DATED: '(~ ~_~. 9.L ~ \~.~
ATTEST:
DWIGHT E. BROCK, Clerk
'" :'; , Deputy Clerk
~.~flatu~e on15,
AS TO OWNER:
BOARD OF CO~.UN-T¥-C-~MMISSlONERS
PAE~'L/A S. MAC, E, Ch~f"rw°man
DATED: tO-tZ~-qG
Witness (Signature)
Name: ,t'~~ ~ N~4z~w6
(Print or Type)
V~itne~s (Signature)~
MARIA CRUZ
NK/A MARIA CRUZ ACEVEDO
4600 31st PI SW
Naples, FL 34116
(P~t or Type)
Witness (Signature)
JUAN C. ACEVEDO
Name: 1--~ N~/~;
(Print or Type)
~ltn~s (signature)
N a me'~,,.~..,. ~/'/<,/.
{l:~ht or Type)
4600 31st PI SW
Naples, FL 34116
Approved as to form and
legal sufficiency:
Assistant County Attorney
Reviewed and Approved by:.
Date:.
Public Works Engineering
PROJECT NO. 63041
PROJECT P/~RCEL NO. 188 EXHIBIT
F~o-~: %~ ~o$ 0oo-~ ~ '
LEGAL DESCRIPTION & SKETCH
(NO T A SURVEY)
The West 180 feet of Tract 17, Golden Gate Estates Unit No.8, as
recorded in Plat Book 4, Page 97 of the Public Records of Collier County,
Florida.
NORTH PROPERTY LINE
EXISTING R/W LINES
WEST PROPEI~TY LINE
SOUTH
I
I
I
I
I
"30 F'I '
30 FT '
I
PROPERTY LINE
(EXISTING 50 FT. PJW EASEMENT)
I
,,
I
,,
I
I
EAST PROPERTY LINE
1',4
150 FEET
PREPARED BY:
SCAL~: linch = lOOfeet
GEORGE R. RICHMOND PLS # 2406
PUBLIC WORKS ENGINEERING DEPT.
3301 EAST TAMiAMI TRAIL
NAPLES, FLORIDA 34112
Collier County Real Property Management Department
04108/99 1:13
PROJECT: Golden Gate Boulevard
PARCEL NO: 188
FOLIO NO: 36961080007
2549884 OR: 2606 PG: 1174
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
10/29/I999 at 09:19AM DWIGHT E. BROCK, CLERK
CONS 36200.00
Retn:
REAL PROPERTY
EXT 8991
INTER OFFICE
REC FEB 15.00
WARRANTY DEED
/'7
THIS WARRANTY DEED made this /9' day of ~//~7'~e",,[' , 19~;~, by MARIA
CRUZ NWA MARIA CRUZ ACEVEDO and JUAN C. ACETVEDO, wife and husbana, (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 situate 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
documentary stamp tax
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COM.ISSIONERS,
COLLIER COUNTY, FLORIDA,
PURSUANT TO THE PROV~!SIONS
OF RESOLUTION NO. F.~c~,- ~ _
OR: 2606 PG: 1175
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year
first above written.
WITNESSES:
Witness (Signature)
Name: j~¢~,~, ~
(Print or Type)
Witn~s (Signature),
Name: ~¢a,--,,
(Prir~ or Type)
Witness (Signature)
Name: .~_')~H ~s
(Print or Type)
W~tn~s (Signature)c~)
Name: ~',.~.,-¢,.~.~ ~.c/, ~.~,-.z¢ ~/-
(Pri~ or Type) ~"
MARIA CRUZ ~
A/K/A MARIA CRUZ ACEVEDO
4600 31s~ PI SW
Naples, FL 34116
JUAN C. ACEVEDO
4600 31s~ PI SW
Naples, FL 34116
STATE OF
COUNTY OF
Oc.~he foregoing Warranty Deed was acknowledged before me this I~J~/'~ day of
~,~¢~"' , 1999 by MARIA CRUZ NK/A MARIA CRUZ ACEVEDO, who is personally
known to me or wh.o h,o
(affix notarial seal)
JUD~ M ~G
N~Y ~C ~A~ OF ~OR~A
COMM~S~ON NO. C~a2~8 /
y ~MMISSXON '~P. AUG. 14~2~
STATE OF R
COUNTY OF ~,~!/,'~/"
OO4~oThe for_.egoing
~z,"'
pr-educed
(affix notarial seal)
~L~L NOTARY s~,u. "]
UD1TH M PUIG
UC STATE OF FLORIDA
ISSION NO. CC76121S I
~ssloN ~:xP. 6~9:,.34?m~ l
Prepared ~
5301 East Tarnlaml Trail
Naplos, Florida 34112
(9,41) 774-8400
(,~nature of Notary Pugic)
(Print Name of Notaryg--.dblic)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
~'/ q- m~ z-
Warranty Deed was acknowledged before me this /~/¢'~' day of
, 1999 by JUAN C. ACEVEDO, who is personally known to me cr '.'.'ho h3s
as--idert~F~at~.
(~na~ure of Notary IYublic)
(Print Name of Notary_gublic)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
PROJECT NO. 63041
'PROJECT PARCEL NO. 188
Fc,~o4~: %t,c~ ~'~,O$OOO%
EXHIBIT
, ~,,
OR: 2606 PG: 1176
LEGAL DESCRIPTION & SKETCH
(NO T A SURVEY)
The West 180 feet of Tract 17, Golden Gate Estates Unit No.8, as
recorded in Plat Book 4, Page 97 of the Public Records of Collier County,
Florida.
NORTH PROPERTY LINE
EXISTING R/W LINES
WEST PROPERLY LINE
SOUTH
:30F'1 30FT'
I
PROPERTY LINE
(EXISTING 50 FT. R/W EASEMENT)
EAST PROPERTY LINE
150 FEET
PREPARED BY:
N
SCALE; l/nch= lOOfeet
GEORGE R. RICHMOND P.L.S # 2406
PUBLIC WORKS ENGINEERING DEPT.
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112
Collier Count'/Real Property Management Department 04/08/99 1:13 PM