Paul E.L. ToppinoTO:
FROM:
DATE:
Re:
Memorandum
Ellie Hoffman
Records Technician III
Minutes & Records Management
Cindy Erb ~~/
Real Prope"~y S~list II
Real Property Mat~gement Department
June 30, 2000
Livingston Road Improvements (Immokalee Road to Lee/Collier Line)
Project 65041; Parcel: 12-12 (Toppino)
Please find attached one (1) original recorded Warranty Deed and one (1) original
Purchase Agreement for the above referenced project.
The Board of County Commissioners of Collier County, Florida approved the acquisition
by gift or purchase pursuant to Resolution 98-165, Agenda Item 16 B 5, dated May 19,
1998, and approved the acquisition by condemnation pursuant to Resolution 2000-112,
Agenda Item 8 B 4, dated April 11,2000.
Please contact me if you have any questions or comments at 8991.
Thank you.
attachments as stated
cc:
Mitch Momtaz, PWED w/attachment
Tax Appraiser's Off.~ce w/attachment
Tax Collector's Off.ice w/attachment
Inventory File w/attachment
Office of the Real Property Management Department
PROJECT: Livingston Road - NNMSTU
PARCEL NO: 12-2
FOLIO NO: 00147400000
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between PAUL E. L. TOPPINO, Trustee under that
certain unrecorded land trust dated 15th day of April, 1987, with full power and authority
either to protect, conserve, and to sell, or to lease, or to encumber or otherwise to
manage and dispose of the real property described in the deed recorded in Official
Records Book 1262, Page 2248 et seq., of Collier County, Florida, pursuant to the
requirements of Florida Statutes 689.071, (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 $60,400.00, 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, propedy
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.
Purchase Agreement
Page 2
10.
11.
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 to his knowledge 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 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.
Purchase Agreement
Page 3
IN WITNESS ~OF, the parties hereto have executed this Agreement on
this /O~ day of ,2000.
Date Property acquisition approved by BCC: 04/11/2000
AS TO PURCHASER:
~ Dwi'G'R;r'j)~. 13ROCK, Clerk
'Attest" as. t~ Chat ~ma. ' s
S ign'ature on, ~
AS TO OWNER:
DATED' ~~~o~
~it~'s~ (l~riatur,a) ^/
//(Print or Type)/ /
v~t~e~ (Signatu~-e,).,
(Prin,(~r Type)
BOARD OF CO~~MISSIONERS
COLLIER ,~.,4~rO NTY, FLO RI DA
BY: '
Ti~ J. Cons~'~tine, Chairman
Approved as to form and
legal sufficiency:
715 Tenlb. St. South
RO. IN3x 1586
(813) 262-4617 -
FAX (813) 262-3074
6202-F Presidential
F(xt Myem, FL 33919
(813) 481-7874
FAX (813) 481-1015
HMA FILE #85.31
MAY 5, 1989
FEE SIMPLE
PARCEL 12-T
DESCRIPTION.' ROAD RIGHT-OF-WAY
10550 Abemathy Street
Bonita SI~ R. 33923
(813) 992-0795
FAX (813) 992-2327
PROJECT: 65041 :
FOLIO: 00147400000
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF
SECTION 12~ TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA; THENCE' RUN S. 88"39'39" W. ALONG THE
SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF
2657.68 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID
SECTION 12; THENCE RUN N. 00°52'07" W. ALONG THE WEST LINE OF THE
SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 2631.75 FEET TO THE
SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE RUN N.
00"52'07" W. ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 12
FOR A DISTANCE OF 1316.77 FEET TO THE SOUTHWEST CORNER OF THE NORTH 1/2
OF THE NORTHEAST 1/4 OF SAID SECTION 12 AND THE POINT OF BEGINNING OF
THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE
N. 00"52'07" W. ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION
12 FOR A DISTANCE OF 1316.78 FEET TO THE NORTHWEST CORNER OF THE
NORTHEAST 1/4 OF SAID.SECTION 12; THENCE RUN N. 88"57'39" E. ALONG THE
NORTH LINE OF SAID SECTION 12 FOR A DISTANCE OF 50.00 FEET~ THENCE RUN
S. 00°52'07" E., PARALLEL WITH THE WEST LINE OF THE NORTHEAST 1/4 OF
SAID SECTION 12 FOR A DISTANCE OF 1316.73 FEET TO A POINT ON THE SOUTH
LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE
RUN S. 88"54'12" W. ALONG THE SAID SOUTH LINE FOR A DISTANCE OF 50.00
FEET TO THE POINT OF BEGINNING, CONTAINING 1.51 ACRES, MORE OR LESS.
BEARINGS .SHOWN HEREON REFER TO AN ASSUME. D BEARING OF S. 88039'39" W.
ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
SIGNED 05/30/89
HOLE, MONTES & ASSOCIATES, INC.
THOMAS J~- (~ARRIS
P.L.S. 83741
-STATE OF FLORIDA
'EXHIBIT
Page_~,=._of~
T
NOTES:
BEARINGS .SHOWN HEREON REFER TO AN ASSUMED BEARING OF
$, 88°39'39" W, ALONG THE SOUTH' ,LINE OF THE SOUTHEAST 1/4 OF
SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA.
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
PARCEL 12 PARENT TRACT LEGAL DESCRIPTION REFERENCES RECORDED IN
O.R. BOOK 1262 AT PAGES 2248 AND 2249 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
PARCEL 12-T - PARCEL TAKE
NOT A SURVEY
PROJECT:
PARCEL NO: 12-2
, F
:hreat of condemnation and is ex mi from
documentary S fLrnp
THIS C0NV'E~'A~C~
BOARD OF COU~Y C0HHI~E~,
CO~ L ~ER COUNTY, FLORZDA,
PURSUANT TO THE P~VISlONS
OF RESOLUTION HO.
Livingston Road - NNMSTU
WARRANTY DEED
2652930 OR: 2689 PG: 3368
RECORDED in OFFICIAL RECORDS of COLLIER COUN?¥,
06/22/2000 at 12:31PM D~IGHT E. BROCK, CLERK
REC FEE 19.50
Retn:
REAL PROPBR?¥
BX? 8991
IN?BR 0FFICB
COPlBS 4.00
THIS WARRANTY DEED made this ~'/r~_ day of ~/'.~'~,LY~.~_ ,2000,
by PAUL E. L. TOPPINO, Trustee under that certain unrecorded land trust dated 15th
day of April, 1987, with full power and authority either to protect, conserve, and to sell,
or to lease, or to encumber or otherwise to manage and dispose of the real property
described in the deed recorded in Official Records Book 1262, Page 2248 et seq., of
Collier County, Florida, pursuant to the requirements of Florida Statutes 689.071,
(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 ($10.00) and other valuable consideration, receipt whereof is hereby
acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and
confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit:
See Attached Exhibit "A" which is incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY.
TOGETHER with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully
seized of said land in fee simple; that the Grantor has good right and lawful authority to
sell and convey said land; that the Grantor hereby fully warrants the title to said land
and will defend the same against the lawful claims of all persons whomsoever; and that
said land is free of all encumbrances except as noted above.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents
the day and year first above written.
DATED: J,'/'" ~/J/Oon
--
WiYr{~'(.~i~atur.~) /./~ _
~ (Print or T~pe) / ,
~i~ness (~ignatur~) '~ ,,
(Prin~r Type)
OR: 2689 PG: 3369
state Of ~~F; ~0~
COUNTY Of ~}0~ .FOe
_.L.~%j~.~he foregoing Warranty Deed was acknowledged before me thisd~y of
,2000 by Paul E. L. Toppino, Trustee. He is personally known to me
or who has produced ~_r-$o~-~t/u Kn~.~ [type of identification] as identification,'
WITNESS my hand and official seal this . _~'~'day of-_~'"~2000.
(affix notarial seal)
dlvANGELA M. HARE'
My Camm Eq~.
No. ~
Knm,m
(Print~l~ame of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if an_v)
o missio.,x,ir :
prepared by:
~.ohert N. Zachary, Esquire
Oftice of the County Attorney
53,tF,~ ~ast Tamla~ Tra~
Naples, Florida ~112
(~1) 774-~
Hole, Montes & Associates
Engineers / Planners / Surveyors
[]715 Tenth St. South
RO. Box 1586
Naples, FL 33939
(813) 262-4617
FAX (813) 262-3074
[] 6202-F Presidential Court
Fort Myers, FL 33919
(813) 481-7874
FAX (813) 481-1015
B--'-,F~I llUi i ..~
HMA FILE #85.31
MAY 5, 1989
DESCRIPTION:
FEE SIMPLE
PARCEL 12-T
ROAD RIGHT-OF-WAY
[] 10550 Abemathy Street
Bonita Springs, FL 33923
(813) 992-0795
FAX (813) 992-2327
PROJECT:
FOLIO-
6504
0014~40'0000
OR: 2689 PG: 3370
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF
SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88°39'39" W. ALONG THE
SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF
2657.68 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID
SECTION 12; THENCE RUN N. 00°52'07" W. ALONG THE WEST LINE OF THE
SOUTHEAST 1/4 OF SAID SECTION 12 FOR A DISTANCE OF 2631.75 FEET TO THE
SOUTHWEST CORNER OF THE NORTHEAST ~i/4 OF SAID SECTION 12; THENCE RUN N.
00°52'07" W. ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 12
FOR A DISTANCE OF 1316.77 FEET TO THE SOUTHWEST CORNER OF THE NORTH 1/2
OF THE NORTHEAST 1/4 OF SAID SECTION 12 AND THE POINT OF BEGINNING OF
THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE
N. 00°52'07" W. ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION
12 FOR A DISTANCE OF 1316.78 FEET TO THE NORTHWEST CORNER OF THE
NORTHEAST 1/4 OF SAID.SECTION 12; THENCE RUN N. 88°57'39" E. ALONG THE
NORTH LINE OF SAID SECTION 12 FOR A DISTANCE OF 50.00 FEET; THENCE RUN
S. 00°52'07" E., PARALLEL WITH THE WEST LINE OF THE NORTHEAST 1/4 OF
SAID SECTION 12 FOR A DISTANCE OF 1316.73 FEET TO A POINT ON THE SOUTH
LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE
RUN S. 88°54'12" W. ALONG THE SAID SOUTH LINE FOR A DISTANCE OF 50.00
FEET TO THE POINT OF BEGINNING, CONTAINING 1.51 ACRES, MORE OR LESS.
BEARINGS SHOWN HEREON REFER TO AN ASSUME. D BEARING OF S. 88°39'39" W.
ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
SIGNED 05/30/89
HOLE, MONTES & ASSOCIATES, INC.
THOMAS J~- (~ARRIS
P.L,S, 83741
STATE OF FLORIDA
EXHIBIT
Page_~.=._of
-T
*** OR: 2689 PG: 3371 ***
/3
NOTES:
BEARINGS .SHOWN HEREON REFER TO AN ASSUMED BEARING OF
So 88°39'39" W. ALONG THE SOUTH' LINE OF THE SOUTHEAST 1/4 OF
SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA.
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
PARCEL 12 PARENT TRACT LEGAL DESCRIPTION REFERENCES RECORDED IN
O.R. BOOK 1262 AT PAGES 2248 AND 2249 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
PARCEL 12-T - PARCEL TAKE
NOT A SURVEY
- IFOR:
HOLE ~ON~S a ASSOCIA~S ~~ ~ ~~~ J~ ~'
J ~ I ~ I ~s J z~ ~c~/~/o~ J~~
I ~ ~m ~m I P~~ /F-
I ~ ~ =-~4 I