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James R. & Doris R. NashMEMORANDUM To: Sue Filson, Administrative Assistant Board of County Commissioners From: Ernie W. Kerskie, Real Property Specialist III Real Property Management Department Date: February 5, 2001 Subject: Livingston Road Widening Project Collier County Project No. 60071 Parcel: 165A/Nash 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 Ellen Chadwell, Assistant County Attorney, and Mitch Riley, Senior Project Manager have both reviewed and approved the attached document. The Board of County Commissioners of Collier County, Florida approved the acquisition in Resolution 2000-446, Item 8(b)(1), dated November 28, 2000. Pursuant to Resolution 2000-447, Paragraph 8, the Board has authorized its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instrument 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. Ms. Hoffman will then call me at extension 8991 for document pick-up. Thank you. Attachments as stated Real Property Management Department PROJECT: Livingston Road / 60071 PARCEL: 165A / Nash FOLIO: 38101120000 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered by and between JAMES R. NASH and DORIS R. NASH, Husband and Wife (hereinafter 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 Twenty Five Thousand Dollars, ($25,000.00), broken down as follows: Fee Simple Parcel 165A (via Warranty Deed)$ 25,000.00 TOTAL: $ 25,000.00 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 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. 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 herein; 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: /l-~9-Z~oo tze5. Z~oo-,.t~l,, AS TO PURCHASER: ATTEST: DWIGHT E, BROCK, Clerk ~/-~Y~. ,4g, D(~p"~ty Clerk Attest ?'-to .Clia !rm~a' $ AS TO OWNER: DATED: //j~/~ / / WITNESSES: / '¢'i~t W~thes~'-(Signature) Second Witness (Sign. a, tur~) , Name: ~/~.~;x~.~ ~/~,,/'77,/~**'*' (Print or type) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, BY: ~ JAME [;~f/CART ER, Ph.D., Chairman L/J'~MES R. NASH Address: 2555 70th Street SW Naples, FL 34105 WITNESSES: Second Witness (Signatur,e~ Name: Z?E,,,/,'_~ g- (Print or type) DORIS R. NASH Address: 2555 70th Street SW Naples, FL 34105 Approved as to form and leg_al sufficiency: ~ ~"ELLEN T. CHADWELL Assistant County Attorney Reviewed and Api:woved by:. FEE SIMPLE TITLE EXHIBIT A PROJECT PARCEL TAX PARCEL NO. ~~ SECTION 50, TOWNSHIP 49 ~OUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ;. ~[SC~IP[IO~ OF. ~ARCEk ~65A ~[ ~5r Jo. o0 FEET OF ~E SOU~ ONE-HALF (I/2) OF ~ACT 15, GOLOEN ESTA~S, UNIT NO. 29, ACCORDING TO ~E PLAT ~EREOF, AS RECORD~O IN PLAT BOOK 7, PACE 57, PUBLIC RECORDS OF COLLIER COUNT~ FLORIOA. CONTAINING 5~90 SQUARE FFEF OF LANO MORE OR LESS; SU8J[CT TO EASEMENTS AND RES~ICTIONS OF RECORO. 5KETCH ,OF PARCEL t65A (NOT A SURgEY) GREY OAKS' P. UiD. 'scat[: ~" - (NOT PLA TTED) f 5' PROPOS[O R.O.W. EAST LINE OF~ +~4, J7 ~ O. OO 0.00 ~ ' 5EC~ON 25 N N O0'f6'OO"W ~ ~ST LINE OF SEC~ON 30 30' DRAINAGE EA S~MEN ~ST 30' PARCEL f65A (PLAT) PROPOSEO R.O.W. ~ ~ JAMES A. BOULTON ~ M. ELiSA~E~ BOUL~ON ~ } O.R. ~241, PG. 492 ~ TRACT 15 SOUTH I/2 O~ TRACT ~5 (P.B. 7, PG. 57) . ~EARINGS ARE BASEO ON ~E FLORIOA STA~ PLAN COORDINA~ SY6~M, E~l' ZO ~ '~o~ 8/21/00 BY ~ ~B~R k - - SCAL 50' / MEMORANDUM TO: Ellie Hoffman, Senior Clerk Clerk of Courts/Minutes & Records Management FROM: Emie W. Kerskie, Senior Property Acquisition Specialist TECM/Right of Way DATE: March 18, 2002 Livingston Road Phase II Widening Project Easement Please find attached one (1) original recorded Easement for the above referenced project. The Board of County Commissioners of Collier County, Florida approved the recordation and acceptance of same on November 28, 2000, Item 8(B)(1). Resolution 2000-446. Please contact me if you have any questions or comments at 213-5846. Thank you. attachments as stated cc: Inventory File w/attachment PROJECT: Livingston Road / 60071 PARCEL: 165A/Nash FOLIO: 38101120000 Prepmred by: Ellen T. Chadwell, Esquire Office of the County Attorney 3301 East Tamtamt Trail WARRANTY DEED 2762746 OR: 2790 PG: 0310 RECORDED in O~ICIA~ R~CORD8 of COLLIER COUN?Y, ~ 03/13/2001 at 12:31PH DWIGHT ). BROCK, CLBRK CONS 25000,00 COPI~8 3.00 ~I8¢ 1.00 Retn: R~AL PROPERTY Naples, Florida 3411Z IIXT 8991 (941) 774-8400 TN?I~TCR THIS WARRANTY DEED made this ~'~ day of ~.~,~..,~.~.,~,_.~ , 2001, by JAMES R. NASH and DORIS R. NASH, Husband and Wife/,,.Wl~o~e r~ai~ng address is 2555 70th Street SW, Naples, Florida 34105 (hereinafter called the ~antor), 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 ar'ud-'~ar first above,~ritten. WitQess #1 (Signat~) ~ , Print,or Type Name Wit~"~§ 42 ~-~ignaGr~ Print or T~,p~'Name ~:~AMES R. NASH STATE OF FLORIDA COUNTY OF COLLIER The foregoing WARRANTY DEED was acknowledged before me this .'~"~C~day of '~,o~,~,~,.( , 2001, by JAMES R. NASH, who is personally known to me or who has produced ~,~- b,~.,'~P-.~- s ~,'¢ ~.~,~. ~---, as identification. (Affix notarial seal) il ' MARIE Y, TALIER IO I| !1~" ~ '~'<~ MY COMMISSION # CC 766275 I! I1%~...~,.,'~".] EXPIRES: October 29, 2002 II ~ ;~ ~ded ~m N~U Public Un~ters This pmpe~ has been acquired under throat of condemnation and is ~mpt from d~umen~ry s~mp ~ Public Print N a da.o'.' Commission # / My Commission Expires: THIS CONV~ANCE APPROVED BY ~E BOARD OF COUN~ COMMISSIONE~, CO~ER COUN~ FLORIDA, PUR~T TO THE PROVISIO~ OF RESOLUTION NO. Witness #1 (Signature), Print or Type Name Witne/r~ (5'f~ln~u f~ Print or Typb r~ame OR: 2790 DORIS R. NASH ' PG: 0311 STATE OF FLORIDA COUNTY OF COLLIER The foregoing WARRANTY DEED was acknowledged before me this ,,~ day of '~,~...v. ,2001, by DORIS R. NASH, who is personally known to me or who has produced _"t~;,~.¢'~ X-,'~.e-r-,~ ,.as identification. (Affix notarial seal) ~.~:~i EXPIRES: October 29, 2~2 ~"~.,-"" _ ~ ..... //,~"g~/~'N otar~' Public Print Nar~:/.~.~'-~_ t/. Commission # / My Commission Expires: ~'n~.. Count.V Attorne.v FEE SIMPLE TITLE EXHIBIT A PROJECT; NO. PROJECT TAX PARCEL NO. ~).1~-~_ ~ SECTION JO, TOWNSHIP 4-9 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA · DE$CR!.P_ TIO_N O_E PARCEL 1 · THE I/TEST $0.00 FLEET OF THE SOUTH ONE-HALF (I/2) OF TRACT 15, GOLDEN GATE ESFAIES, UNI1' NO. 29° ACCORDING TO FIlE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, PAGE 57, PUBLIC RECORDS OF' COLLIER COUNTY, FLORIDA. CONTAINING 6,190 SOUARE FEET OF LAND MORE OR LESS; SUBJECT I'0 EASEMENTS AND RESTRICTIONS OF RECORO _5K_£TCH~__OF P_ARCEL__~_I65A. (NOT A SURVEY)_ (;RE Y OA KS' P. U: D. (NOT PLATTED) 'SCALE: I" ~ 50' PROPOSED R.O.W. .f 190+00 O0'IE'OD"W ~ ~"~ +g7. J8 u 0.00 WEST LINE OF SECTION $0J PARCEL 165A PROPOSED R.O.W. j JAMES A. BOUL TON M. ELISABE~I BOUL TON O.R. 1241, PG. 492 192+00 SOUTH I/2 OF TRACT 15 GOLDEN GA TE ESTATES UNIT NO. 29 (P.~. Z, PG. 57) ~ ~ TRAC- LAS r LINE OF-~ SECTION 2f5 . '~ JO' DRAINAGE EA SEMEN r (PLA r) BEARINGS ARE BASED ON TH E FLORIDA STATE PLAN COORDINATE SYSTEM, PREPARED BY: .ou e/21/oo IIIIIImE3.u.uAal ,, SCALF~/I"./~ §0'_