Parcel 128MEMORANDUM
TO:
FROM:
RE:
DATE:
Sue Filson, Administrative Assistan!
BOARD OF COUNT~' COMM [SSIONHRS
Wilma iverson
Senior Property Specialist
Real Property Management Department
Immokalce Road l'rojcct: Parcel 128
June 21. 1999
With regard to Ihe above referenced Project :md Parcel, attached R~r the ('hairwoman, Ms. I'a~ela
S. Mac'Kie's review and execution is a Purchase Agreement. Please have Ms. Mac'Kie initial tile
2~ and Y" page of lhe Agreement. Please be advised Ihat tleidi F. As}lloI1, /'~ssistant ¢'{~tmty
Attomey, has reviewed and approved lhe attached document.
The Board of County Commissioners of (;oilier County, Florida approved the convev;~m'c in
Resolution 99-249 presented May 25. 1999, Agenda Item 8 B I.
Once thc Agreement has bccn executed, please forward same to FAlie [toffman, Rc.:.,rds
Technician Ill. Minutes and P, ccords Management. for attestation by thc Clerk to tile Board
Please return a copy of the Agrccment Io the P, cal Properly Managmncnt Dcparlment for cl
Thank you in advance fi)r your prompt altenlion Io this request, gh(mld you have any qt:cMl,,ns,
please feel free to contact me at #8991.
Attachment as stated
PROJECT:
PARCEL:
FOLIO:
Immokalee Road
128
00192920OO1
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered by and between TREE PLATEAU CO., INC., a Delaware
corporation, (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, Purchaser requires a fee estate in that land described in Exhibit "A",
(hereinafter referred to as the "Property"), attached hereto and made a part of this
Agreement; and
WHEREAS, Owner desires to convey the Property to Purchaser under the terms
and conditions set forth herein; and
WHEREAS, construction by Purchaser of the proposed roadway improvements
for which the Property is being purchased will require the relocation and/or
reconstruction of Owner's farm ditch, farm road and underlying cross drains, security
fence and gate (see Exhibit 'B" attached hereto and made a part hereof), and electronic
sentry device, and will require the installation of new pavement on portions of Owner's
remaining lands, in accordance with that portion of the Immokalee Road four lane
construction plans attached hereto as Exhibit "C" and made a part hereof; and
WHEREAS, Owner desires Purchaser to undertake the above-referenced
relocation and/or reconstruction activities at Purchaser's expense on Owner's remaining
lands; and
WHEREAS, Purchaser desires the legal right to enter upon a portion of Owner's
remaining lands, legally described in the attachment labeled "Description and Sketch of
Reconstruction Area" (attached hereto and made a part hereof) to undertake the above-
referenced relocation and/or reconstruction activities; and
WHEREAS, Owner desires to retain and relocate twenty nine (29) Queen Palms
currently located on the Property; and
WHEREAS, Owner desires to relocate onto Owner's remaining lands existing
planting beds located on the Property; and :
WHEREAS, Purchaser has agreed to compensate Owner for the COnveyance of
the Property, and for the relocation of the existing planting beds, and for the relocation
of the 29 Queen Palms;
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: i;
1. Owner shall convey to Purchaser a fee simple estate in the'Pr°pertyl? (via
Warranty Deed) in exchange for the sum of $116,950.00.
2. Purchaser shall compensate Owner an additional $4,600.00 for the retention
and relocation of the 29 Queen Palms ($3,100), and for the relocation of the existing
planting beds ($1,500) from the Property and onto Owner's remaining lands.
Tree Plateau Purchase Agreement
Page 2
3. Owner hereby grants to Purchaser the right to enter upon Owner's rema~nmg
lands for the express purpose of undertaking the above-referenced relocation and/or
reconstruction activities in accordance with the New Fence and Gate Diagram labeled
as Exhibit "8" and that portion of the Immokalee Road four lane construction plans
attached hereto as Exhibit "C," and Purchaser and Owner shall coordinate said
relocation and/or reconstruction activities such that Ovmers security is not
compromised.
4. Owner accepts the total payment of $121,550 as full compensation for the
Property interests conveyed to Purchaser, including Purchaser's right to enter upon
Owner's remaining lands and undertake the above-referenced relocation an
. . _ d/or
.... ~. 'l',~r,:: ¢c,.~,~.~ ~ ~,~.Ctc · I ~
reconstrucbon actw~tles, and for any and all damages resultmg to the remainder^Of less
than Owner's entire properly was taken), and for all other damages and_ claims which
may arise in connection with the conveyance of the Proper~,~[~o~ Purchaser's[~'~
--
construction of the proposed County Road CR-846 (Immokalee Road) roadway t/~,
~mprovements~ and for the above-referenced relocation-and/or reconstruction acI~vihes
on-Owneds remaining lan4;Is.* * Purchaser shall renan Pabte f~ any neghgence by the Purchaser
employees, agents, h~res, subcontractors, and all others upon whom Purchaser relies, ~n connection ,'/,m
construction of the proposed County Road CR-951 (IrllrrlOkalee Roe~d} roadway improvements and rt.
act~wt~es on Owner's rema, n,ng property
5. Purchaser shall make payment to Owner by County Warrant.
6. Both Ovmer and Purchaser agree that time ~s of the essence in regard :o the
closing and that, therefore, said closing shall occur within sixty (60) days of :he
execution of this Agreement by Purchaser. At closing, Purchaser shall deliver the
County Warrant to Owner, and Owner shall deliver to Purchaser a Warranty Deed to
the Properly, and Owner shaft execute such other affidavits or other instruments as may
be required by the Office of the County Attorney.
7. Owner shall pay its pro-rata share of taxes, assessments, or olher term
expenses of the Property, ~f applicable, through the day before the closing.
8 Owner shall convey a marketable title free of any liens, encumbrar~ses.
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 Io the Property shall be provided to Purchaser on or before
the date of dosing.
9. Owner represents that the Properly 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 Owner has no
knowledge of any spill or environmental law violation on any property contiguous to or
in the vicinity of the Property, and that Owner has received no notice and/or 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.
10. 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. ~n
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
Tree Plateau Purchase Agreement
Page
representation under Section 9 This provision shall survive closing and is not deemed
satisfied by conveyance of title.
11. Conveyance of the Property to Purchaser by 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 padies, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties, or
covenants not contained herein.
12. Owner is aware and understands that the "offer" to purchase the Property
and perform the above-referenced relocation and/or reconstruction activities set forth in
this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
13. 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~,~,intanqibJe, taxes ~,, ~',~. , and costs for. any curative, instruments shall be(h
borne and paid by,~.'¢¢'"~''. (~wner shall be responsible for pay!ng any costs and/or fees~..~
associated with the obtaining and recording of a Subordination, Consent & Joinder
Easement and/or Partial Release of the modgage(s) recorded against the Property fronf
the mortgagee(s).
14. If Owner holds the Property in tl~e 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 ~he
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.)
15. This Agreement is governed and construed in accordance with the laws of
the State of Florida.
16. 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 assignees whenever the context
so requires or admits.
Date ProjectJAcquisition Approved by BCC: 1/26/99 - Res. #99-80
AS TO PURCHASER:
DATED:
ATTEST: '
DWlGHT.E. BROCK, Clerk
/ H ' ', Del~tyClerk
s~geatur~
BOARD OF COUNTY COMMISSIONEF~S
COLLIER COUNTY, FLORIDA
Tree Plateau Purchase Agreement
AS TO OWNER:
DATED: May ~
Witnesses:
First Witness
Carol ^. Potter
Second Witnes~
Gene Mo Pranzo
Print Name
Approved as Io form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attomey
Page 4
Tree Plateau Co., Inc., a Delaware
cordon
By: j (__'_..~...['. ~, '~ L-~
, -......
· .R. resi~emA/ice President Ic~oss o.~ o,,.,
Executive
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAM IAMI TRAIL NAPLES, FI. ORII)A 34112
(94 I) 774-8192
LEGAL DESCRIPTION (NOT A SURVEY)
I'ROJF. C I' NO ....... 69 IO I
I'ARCEL NO .............. 12~
FOLIO NO...00192920001
fee simple tit]e
COMMENCING AT 111E NORTIIWEST CORNER OF SECq'ION 26 '¥{IWNSI IIP 48 SO[;'rl I
RANGF. 26 EAST, COLI. IER COUNTY, FLORIDA Al. SO LYING ON Till:. NOR'HI RIGIIT
OF WAY LINE OF IMMOKALEE ROAD (C.R.846): TIIENCE SOUTII 89 DEGREES 16
MINUTES 18 SECONDS EAST ALONG SAID NOR'T]{ RIGIIT OF WAY LINE A I)ISTANCI'.'
OF I0~.08 FEET; TIIENCE SO[/I]I I DEGREE 33 MINUFF. S 36 SECONDS EAST, A
DISTANCE OF 100.08 FEET ~O TIlE SOUTII RIGIIT OF WAY LINE OF
IMMOKALEE ROAD AND TIlE I'OINq' OF BEGINNING; TIIENCE SOUTII 89 DF. GREES I (,
MINUTF. S 18 SF. CONDS EAST ALONG SAIl) SOUTII RIGIrF O1: WAY I.INE A DISTAN('I:
OF 1220.60 FEET; '111ENCE SOUTII 85 DEGREES 32 MINIFI'ES I I SECONDS WI~ST, A
DISTANCE OF 276.25 FEET; TIIENCE NORTII 89 DEGREF~q 16 MINUTF. S 18 SECONDS
WF. ST. A DISTANCF. OF 723.60 FEET; TIIENCE SOUTII 87 DEGRFA:.S 37 MINUTES I0
SFCONI)S WEST. A I)ISTANCE O1" 220.73 I'T. ET TO Till:, EAST RIGIIT OF WAY LINF,
OF A 100 FOOT (:ANAL EASEMENT; TItENCE NORTI! I DEGREE 33 MINUTES 36
SECONDS WI.;S-F AI.ONG SAID EAST LINE OF TIlE lbO FOOT CANAL EASF. MF.~F A
DISTANCE OF 37.00 FEE]' TO TIIE POINT OF BEGINNING; SAIl) DF. SCRIBED TRACT
CONTAINING 0.652 ACRE (28,384 SQUARE FEET). MORE OR [.ESS.
BASIS OF BEARINGS IS TIlE SOUTIt RIGIIT OF WAY LINE OF IMMOKALF. E
ROAD BEING SOUTII 89 DEGREES 16 MINUTES 18 SECONDS WEST.
PARCEL 128
EXHIBIT
GEORGE R RICHMOND
PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112 SHEET 1 OF 2
OFFICE OF CAPITAL PROJECTS
.3501 EAST TAMIAMI TRAIL NAPLES, FLORIDA 54112
(941) 774-8192
P,O,C.
II.W. Co~ner 'lr,
Sec. 26 100.08'
1oo
P,D.
.37.00'
U. Line
Sec. 26
/
SKETCH OF DESCRIPTION
Line U.E. I/4
Sec. 26
i_ EXHIBIT ]
GENERAL N, FITES
1) P,I],C. Indlca"tes Point: oF Commencemen~
2) P.D,]). Indlc(~tes Point: oF ]3eglnnlnQ
3) Sec, Indlca'te5 Seci;Ion
4) Twp0 [ndlca±es Township
5) Rge, Indlco~ce$ Range
6). R/W Indicates: Right-oF-way
7) Att dlstonce$ are In Fee't and declmcds; 'ther'eoF
8) Basis; oF Beor'lngs Is 'the North R/W line oF
[nnokalee Road being S.89'I6'iS'E.
9) Not: valid untes$ signed and seated wlt:h 'the embossed
seal of' 'the proFesslonol rand sueveyor
THIS IS ONLY A SKETCH
o6-o~-97 PR-1P8
PARCEL 128
SHEET 2 OF 2 i~~I:I'
.t
IMMOKLAEE ROAD FOUR-LANING CONSTRUCTION PLAN EXCERPTS
DEPICTING RELOCATION / RECONSTRUCTION WORK
REQUIRED AT PELICAN NURSERY (TREE PLATEAU CO., INC.)
0~ ~d
IMMOKLAEE ROAD FOUR-LANING CONSTRUCTION PLAN EXCERPTS
DEPICTING RELOCATION / RECONSTRUCTION WORK
REQUIRED AT PELICAN NURSERY (TREE PLATEAU CO., INC.)
DESCRIPTION AND SKETCH OF RECONSTRUCTION AREA
COMMENCING AT THE NOR33 IWEST CORNER OF SECTION 26 TOWNStIIP 48 SOU'/:/!
RANGE 26 EAST, COLLIER COUNTY, I-LORIDA, SAID POINT OF COMMENCEMENT
ALSO LYING ON THE NORTll RIGHT OF WAY LINE OF IMMOKALEE ROAD (C.R 846%
TIIENCE SOLFI3! 89 DEGREES 16 MINLFI"ES Ill SECONDS EAST ALONG SAID NORT]!
RIG[ IT OF WAY LINE A DISTANCE OF 100.08 FEET; T! IENCE SOUTt [ I DEGREE 33
MINUTES 37 SECONDS EAST, A DISTANCE OF 137.08 FEET; THENCE NORTH 87
DEGREES 37 MINUTES 10 SECONDS EAST, A DIST/kNCE OF 140.00 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SAiD LINE, A DISTANCF.
Of: 80.73 FEET; 73[ENCE SOU331 89 DEGREES 16 MINUTES 18 SECONDS EAST, A
DISTANCE OF 723.60 FEET; TIIENCE NOR33] 85 DEGREES 32 MINUTES 12 SECONDS
EAST, A DISTANCE OF 140.99 FEET; TI!ENCE SOUTH 70 DEGREES 08 MINUTES o7
SECONDS WEST, A DI,~FrANCE OF 150.00 FEET; TllENCE NORTH R9 DEGREES 16
MINU'rF~ 18 SECONDS WEST, A DISTANCE OF 722.51 FEET; THENCE SOUTH 87
DEGRE ,ES 37 MINUTES 10 SECONDS WEST, A DISTANCE OF 19.65 FEET; TIIENCE
SOUTll 27 DEGREE~ 21 MINUTES 52 SECONDS WEST, A DISTANCE OF 40.31 FEET;
TI[ENCE SOLrTII 87 DEGREES 37 MINUTES 10 SECONDS WEST, A DISTANCE OF
40.¢x} FEET; TItENCE NOR'I'll 2 DEGREES 22 MINUTES 50 SECONDS WEST, A
DIS~FANCE OF 75.00 FEET TO TIlE POINT Off BEGINNING; SAID DESCRIIIED TI{ACT
CONTAINING 0.842 ACRE (36,689 SQUARE FEET), MORE OR LESS.
UASIS OF BEARINGS IS TIlE NORTII RIGIrT OF WAY LINE OF IMMOKALEE
ROAD BEING SOUTll 89 DEGREES 16 MINUTES 18 SECONDS EAST.
P.O.C. ----
N.w. Cot nar
Sec. 26
I00.08'
tt.og'16'18'W.
IMUO~KALEE RD. SR-84§
S.89'16'18'E,
l't. Lm¢ ti.IL I/4
Sec. 26
U 85'32'11 'E
140.99'
~ lOO.o8'
37.00'
140.00'
fLO
75.00'
N. Line N.W.
Sec. 26
3'W, S. 70~8'07"w.
19.65' 130.00'
S.85'32'11'W.
135.26'
40,31'
S.87'57'10'w.
40.00'
PARCEL 728
~ - CANAL
(lOO' R/w)
S.89'I 7'12'E.
GENERAL NDTES 1) P.D.C. indicates Point oF CommencemenL
2) P.Q.B. Indicates Point oF Beginning
3) Sec. Indicates Section
4) Twp. Indicates Township
5) Rge, Indicates Range
G) R/~/ Indicates Right-oF-way
7) All distances are In Feet and decimals thereof
O) Basis oF Bearings Is the North R/W line oF
]mmokolee Road being S.89'16'18'E.
9) Not valid unless signed and seated with the embossed
seal oF the professional land surveyor
THIS IS ONLY A SKETCH