Cylde R. & Hilda W. BenfieldINTEROFFICE MEMORANDUM
TO:
FROM:
Sue Filson, Administrative Assistant
Board of ~ommissioners
Jenny Blaj~,~d::leal Property Specialist II
Real Property Management Department
DATE: January 18, 2001
RE:
Livingston Road (Golden Gate Parkway to Pine Ridge Road)
Project #: 60071; Parcel #: 159
Attached you will find one (1) Purchase Agreement for execution by Chairman
James D. Carter, Ph.D., 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 the
acquisition by gift or purchase pursuant to Resolution 200-447 Agenda Item 8 B
4, dated November 28, 2000, and approved the acquisition by condemnation
pursuant to Resolution 2000-446, Agenda Item 8 B 1, dated November 28, 2000,
and 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 774-8849.
Thank You.
Attachment
PROJECT: Livingston Road/60071
PARCEL: 159/Benfield
FOLIO: 38100800004
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered by and between CLYDE R. BENFIELD AND HILDA W. BENFIELD,
INDIVIDUALLY AS HUSBAND AND WIFE, AND AS TRUSTEES OF THE HILDA W.
BENFIELD LIVING TRUST DATED DECEMBER 17, 1999 (hereinafter collectively
referred to as the "Owner"), and COLLIER COUNTY, a political subdivision of the State
of Florida, its successors and assigns, (hereinafter referred to as the "Purchaser");
WHEREAS, the Purchaser requires a fee simple interest in that land described in
Exhibit "A", which is attached hereto and made a part of this Agreement; and
WHEREAS, the Owner desires to convey the above-referenced land (hereinafter
referred to as "Property") for the stated purposes, under the terms and conditions set
forth herein; and
WHEREAS, the Purchaser has agreed to compensate the 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 are hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall convey the Property to Purchaser in exchange for the sum of
Fourteen Thousand, Two Hundred Dollars, ($14,200.00), broken down as follows:
Fee Simple Parcel 159 (via Warranty Deed) $14,200.00
TOTAL: $14,200.00.
The Owner accepts the above payment as full compensation for the Property
interests taken and for any damages resulting to the remainder, if less than the entire
property was taken and for all other damages in connection with said Property,
including any attorney fees and costs provided by Chapter 73, Florida Statutes. 2. Purchaser shall pay Owner for the Property by County Warrant.
3. Both Owner and Purchaser agree that time is of the essence in regard to the
closing and that, therefore, said closing shall occur within sixty (60) days of the
execution of this Agreement by Purchaser. At closing, Purchaser shall deliver the
County Warrant to Owner and Owner shall deliver the required conveyance documents
to Purchaser in a form acceptable to Purchaser. Owner shall remove, within forty-five
(45) days after closing, any and all property, goods and chattels which are located on
the Property. Purchaser shall provide a list of items to be removed, if any, at closing.
Owner shall indemnify and hold Purchaser harmless from any costs in connection with
the relocation of the identified items.
4. Owner shall pay its pro-rata share of taxes, assessments, or other term
expenses of the Property, if applicable, through the day before the closing.
5. Owner shall convey a marketable title 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 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.
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 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.
7. Owner hereby agrees that it 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.
8. 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.
9. 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.
10. The Purchaser shall pay for all costs of recording the conveyance
documents. 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 a Subordination, Consent & Joinder
of Easement and/or Partial Release of the mortgage(s) recorded against the Property
from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser.
11. 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.)
12. This Agreement is governed and construed in accordance with the laws of
the State of Florida.
13. 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 trustee, and assignees whenever the context
so requires or admits.
Dated Project/Acquisition Approved by
BCC: "-~ <~-'~. ,~-.,~..,
AS TO PURCHASER:
/ ',D~IGMT E.BR~, Clerk
"-,,' ' ~~.4~A~eput~ Clerk
st at
AS TO OWNER:
DATED:
WITNESSES:
F~rst W~tne~s (Signature)
Name: /"~ (A ~(L,~'~ ~ I
seo , Witnes
Namg~: ~ ~ ~_ ,-~_J/ (Print or type)
First WitQ~ss (~igqatu[e)~
rint or ' pe) - ~
Secon~eSs ~igpatu~, ~
Name: ~ ~~/.~ ~~.~C}
~Print ~r typ~ - ~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, i~
BY: J AM E S .~C A-R"~;~h~i rrna n
C-LYD~ R. BENFII~LD, individually and as
Trustee
Address: 2735 70TM St. SW
Naples, FL 34105
~I-L_DA W. 4/F1 , '~v~d' ' ually and as
Trustee
Address: 2735 70TM St. SW
Naples, FL 34105
Approved as to form and
le~~.sufficiency: ~
Assistant County Attorney
EXHIBIT
Page ~ of
SEC TION 50,
PROJECT: NO. 60071
PROJECT PARCEL NO: t-~
TAX PARCEL NO.
TOWNSHIP 49 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
DESCRIPTION OF PARCEL 159
THE WEST 45.00 FEET OF THE NORTH ONE-HALF (1/2) OF TRACT 11, GOLDEN GATE
ESTATES, UNIT NO. 29, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 7, PAGE 57, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
CONTAINING 7425 SQUARE FEET OF LAND MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
SKETCH OF PARCEL 159 (NOT A SURVEY_)
GREY OAKS P.U.D.
(NOT PLA TTED)
SCALE: !" = 50"
r- 15' PROPOSED R.O.W.
r- 20 EXIS TING R.O.W.
I COUNn' PROJECT NO. 6008,
~ LIVlNGSTON ROAD PHASE ONE
I +29.57 SECTION LINE AND-,, '" +_9__4._37
~ST LINE OF~ !
S~C~ON ~0 i ~ ,
~ , '" ~ 1~ST 45 PARc~ 15~
I ~[X~N~O.~- --i I - ~P~E~o~ ~- -
IS.E, a u.[. I t i i ~ ,
I COUNTY PROJECT NO. 60061
~IWNGSTON ROAD PHASE ONE CLUE R, BENFIELO
180+00
EAST LINE OF
SECTION 25
N oo'~6'oo"w \
iJO' DRAINAGE
EASEMENT (PLA T)
TRAC ?
HILDA BENFIELD
O.R. 556, PG. 14
NORTH 1/2 TRACT 11
BEARINGS ARE BASED
PREPARED BY:
GOLDEN GATE ESTATES UNIT NO.
(P.B. 7, PG. 57,)
O.R. 1147, PG. 1211
29
ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EA~/gO.
SCALE~.,4'" =f,50' .
DRA~j~BY: JAN DATE: NOV. 9. 1999
CHF__~4ED BY:.._.~Y.D~ PROJECT NO.: 7841
FILE NO: 7274 ACAD NO: 7274-1
TO:
FROM:
DATE:
RE:
Memorandum
Ellie Hoffman
Records Technician II1
Minutes & Record~anagement
J. Keith Gomez .'~
Real Property S4p~c' i~list
Real Property M~iagement Department
March 6, 2001
Livingston Road Project No.: 60071, Parcel No.: 159/Benfield
Please find attached one (1) original recorded Warranty Deed for the above-referenced project.
On November 28, 2000, the Board of County Commissioners of Collier County, Florida approved the
acquisition through Gift and Purchase Resolution No. 2000-447, Agenda Item 8(B)4, and
Condemnation Resolution No. 2000-446, Agenda Item 8(B)l, and authorized the acceptance and
recording of the conveyance.
Please contact me at extension 8845, if you have any questions or comments.
Thank you.
Attachments
CC:
Mitch Riley, Senior Project Manager, Transportation Engineering and Construction
Management Department w/copy of Deed and Agreement
Tax Appraiser's Office w/attachment
Kevin/Project Contractor's File w/copy of Deed and Agreement
Inventory File w/copy of Deed and Agreement
Office of the Real Property Management Department
PROJECT: Livingston Road/60071
PARCEL: 159/Benfield
FOLIO: 38100800004
Prepared by:
Ellen T. Chadwell, Esquire
Office of the County Attorney
3301 East Tamiamt Trail
Naples, Florida 34112
(941) 774-8400
2739281 OR: 2766 ?G: 2467
I~CO~ID in OFFICIAL ~CORDS of COLLIER COUNTY, FL
01/18/2001 si: 02:34Pi( DJ~IGHT I. BROCE, CLHRK
cole 14200.00
EEC FEE I~.00
COPIES ~.00
Retn:
P~AL FROFKR?¥
EX? 8991
IN?ER OFFICE
WARRANTY DEED
20~F~, by CLYDE R. BENFIELD AND HILDA W. BENFIELD,(~_.DIVIDUALLY ,~$
HUSBAND AND WIFE, AND AS TRUSTEES OF THE HILDA W. BENFIELD LIVING
TRUST DATED DECEMBER 17, 1999 (hereinafter 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 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.
This property has been acquired under
threat of condemnation and is exempt from
THIS CONVEYANCE ACCEPTED BY TIiE)
BOARD OF COUNTY COMMISSION£RS,
COl L":ER COUNTY, FLORIDA,
PURSUANT TO THE PROVISIONS
CLY[~ R. BENFIEI[,D, indi~/idually and as
Trustee
Address: 2735 70TM St. SW
Naples, FL 34105
OR: 2766 PG: 2468
First Wit~'.e.~s (Sig ,atu.~e)
Name: ¢'~fi~,~ ~
Secon~itness~ ~gnat~).
Name: ~)~ i- ~~[~, ~
- (Print o~ type)
BENFIELD, i~ividually and as
Trustee
Address: 2735 70TM St. SW
Naples, FL 34105
COUNTY OF ('~0~ [ ( ~
~T--~e foregoing WARRANTY DEED was acknowledged before me this /~,~~
of ~-~/D,lx..~z.~r~, 20 Of by CL~Y2~E..oR~.~E,,N:2ELD, individually, and as Trustee,
Wp.O~ kn~w~~ ....... ~ ...... d [type
~nllllOaD~J as I~e~DDcatlon.
(a~x notarial seal) ~~~
(Signa~u~ of No~ubl~ ~ .
COUNTY OF
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
0
,,.---~The foregoing WARRANTY DEED was acknowledged before me this //c~ d~ay
ofL----J~4q~ , 20_~..by HILDA W. BENFIELD, individually, and as
who ~s ~Fersonally ~ me
...o.~Ude~ti~ identification~
(affix notarial seal) ~
(Signature lic
Trustee,
rfwn,-,
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any) ~F.~
My Commission Expires: C.~.--
~- T/T:~ ,!,t..ant County
~.~ ~ eD T. Chadwel
EXHIBIT_
OR: 2766
2469
SEC TION 50,
PROJECT: NO.
PROJECT PARCEL NO:
TAX PARCEL NO.
TOWNSHIP 49 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
,, DESCRIPTION .OF PAR,.CEL 159
THE WEST 4.5.00 FEET OF THE NORTH ONE-HALF (1/2) OF TRACT fl, GOLDEN GATE
ESTATES, UNIT NO. 29, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 7, PAGE 57, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
CONTAINING 7425 SQUARE FEET OF LAND MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
SKETCH OF PARCE.L 159 (NOT A SURVEY)
GREY OAKS P.U.D.
(NOT PLA TTED)
SCAL~ I" = 50'
F 15' PROPOSED R.O.W.
178+ O0
i2o ' EXlSnNG R.O.~.
COUNTY PROJECT NO. 6006, c, ~. .
LI"~GSTON ROAD
~9~ SEC~ON LINE AND~ = +94 57
O, OO
I.
~ST LINE OF~
s~c~o~ ~o I I
14~x~~.~- ~1 I - ~P~o~'~ -
IS.E, · u.E [. I ' '
ICOUN~ PROJECT NO. 60~61
~I~N~STON ROAD PHASE ONE CLYDE R. BENFIELD
HILDA BENFIELD
/
TRACT:
O.R. 5,36, PG. 14
NORTH 1/2 TRACT 11
GOLDEN GATE ESTATES UNIT NO.
(P.B. 7, PC'. 57)
180+00
EAST LINE OF ~
SECTION 25 . ~
~. oo'~6'oo"w \
.~ 30' DRAINAGE
EASEMENT (PLA T,)
O.R. 1147, PG. 1211
29
BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST Z~_/'90.
PREPARED BY: E![.~SE3~.~ //
P~fenlonal e~lneen,' pl~aera, t Innd su~yors -- DRA BY: JAN - DATE:
,o: .........