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Crossroads Community ChurchTO: FROM: DATE: RE: Memorandum Sue Filson Executive Manager Board of COUnty ~o ~m~'goners J. Keith Gomez~:;~/y Acquisition Transportations. I~ivision - Right-of-Way Office April 1, 2002 Livingston Road Project, No. 62071 Crossroads Community Church of Naples, Parcel No. 119 Attached you will find one (1) original Purchase Agreement for execution by Chairman James N. Coletta, concerning the above-mentioned transaction. Please be advised that Ellen T. Chadwell, Assistant County Attorney, has reviewed and approved the attached document. On September 14, 1999 and November 11, 2001, the Board of County Commissioners of Collier County, Florida approved the acquisition through Gift and Purchase Resolution Nos. 99-350/Agenda Item 16(D)2 and 99-426/Agenda Item 16(B)20, and on February 12, 2002 approved the acquisition through Condemnation Resolution No. 2002-98, Agenda Item 10B, and authorized the Chairman to execute the Agreement on behalf of the Board of County Commissioners. Thank you. Attachment Office of the Real Property Management Department PROJECT: Livingston Road/62071 PARCEL: 119 - Crossroads FOLIO: 00203042108 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered by and between CROSSROADS COMMUNITY CHURCH OF NAPLES, INC., a Florida corporation, not-for-profit, whose post office address is 2016 Trade Center Way, Naples, Florida 34109, (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"), 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 $83,636.00, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). 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 appraisal fees, attorney fees and costs provided by Chapters 73 and 74, Florida Statutes. 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, 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 herein; 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. 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 Purchase Agreement Page 2 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 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 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. 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, 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.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this~,-~~ day of G,,~,~ ~ ,20c~a..-. Date Property acquisition approved by BCC: 2--//,/~...- ,2002 AS TO PURCHASER: DATED: ~4.,d.~,~; ~,.o~.,. ..~TEST: B~OOK; Clerk -~" ~ .... BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 4. COLETTA, AS TO OWNER: O^T O: / / ,2002 WITNESSE~: ~'.3~itn~ss' (S ign~ure) z5 (Print or type) Witness ~Si _gnature) (Print or type) Approved as to form and ,~~a,~j~ufficiency: ,~ . Ellen T. Chadwell Assistant County Attorney CROSSROADS COMMUNITY CHURCH OF NAPLES, INC., a Florida Corporation, not-for- profit (Print Name and Title) 2016 Trade Center Way Naples, Florida 34109 PROJECT NO.: 62071 PROJECT PARCEL, NO.:. TAX PARCEL NO., HBg'39'40'W' 6.72' ~-T49S-1~5,~ COLLIER COUNFY GRAPHIC SCALE 200' 0' IOO' 200' ( ~N F~.~T ) 1 inch = 200 IL. 'h CROSSROADS COMMUNITY CHURCH OF NAPLES, INC. (O.R. BOOK 2436. PAGE 2200) (O.R. BOOK 2626. PACE 1550) Hflg'5§'O6"W 564 VANDERBIL T 36 50' $00134'54'W BEACH ROAD EX TENSION S~ C D OH 8-T4g$-R2~E ZOM VANOERBIL T, LTD. (O.R. BOOK 2307. PAGE 2144) ; / N 0 T~S: 1. TltlS IS NOI A SURVEY. 2. BEARINGS SHOWN HEREON ARE BASED ON, THE WEST LINE OF SECTION 31 WHICH HAS A BEARING OF' N. O2'05'57" W. SUBJECT TO EASEMENTS, RESERVATIONS AND RES'[RICTIONS OF RECORD. 4. NOT VAUD W1THOUT SHEET 2 OF 2. Borry~. S~'~, (For Ih~irm LB~642} Professional Land Surlier Florida C~tlflcote.~No: 5365 Dote Signed: ~~' O ~ Not ~lld without ~{he algneture ond the orlglnol relaed aeol o~ o Florldo Licensed Surve~r end Mepper. LEGEND: F,P.L. O.R. P.K. P.C.P. INDICATES FLORIDA POWER & LIGHT INDICATES OFFICIAL RECORDS INDICATES PARKER-KALON INDICATES PERMANENT CONTROL POINT SKETCH AND DESCRIPTION SECTION '31, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA JOHNSON ~NGiNEERING INC, ENGINEERI, IUR¥£YORI AND ECOLDGIB~'8 2-01 ggl318 31-48-26 1' - 200' I PROJECT NO.: 62Q71 PROJECT PARCEL NO.: 119 TAX PARCEL NO.: c ~'.L03 r.,..,',7__l'o ~' DESCRIPTION: PARCEL 119 A PARCEL OF LAND LOCATED IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICUL-ARLY DES.ORIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION .31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND RUN NORTH 02,05'57" WEST ALONG THE WEST LINE OF SAID SECTION ,31, A DISTANCE OF 150.14 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD EXTENSION (150 FOOT RIGHT-OF-WAY), SAID POINT BEING THE POINT OF BEGINNING; THENCE .CONTINUE NORTH 02"05'57" WEST ALONG SAID WEST LINE OF SECTION ,31, A DISTANCE OF .36.5`3 FEET; THENCE RUN SOUTH 89"59'40" EAST, A DISTANCE OF 8.19 FEET; THENCE RUN SOUTH 89"55'06" EAST AND PARALLEL WlTFI SAID NORTHERLY RIGHT-OF-WAY 'LINE OF VANDERBILT BEACH ROAD EXTENSION, A DISTANCE OF 564.79 FEET; ~HENCE RUN SOUTH 00"04'54" WEST, A DISTANCE OF 56.50 FEET TO AN INTERSECTION WITH SAID NORTHERLY RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD EXTENSION; THENCE RUN NORTH 89°55'06" ~¢EST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD EXTENSION, A DISTANCE OF 564.87 FEET; THENCE RUN NORTH 89",39'40" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD EXTENSION, A DISTANCE OF 6.72 FEET TO THE SAID. POINT OF BEGINNING. CONTAINING 0.480 ACRES OF LAND, MORE OR .LESS. '8 · SKETCtt AND. DESCRIPTION SECTION'.31, TOWNSHIP-48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA · Poe~cu~ e' ~I',IO~NE£R~. SURVEYORS AND ECOLO(~r~I*~ ' , . ,,,,,,~.. ....... ~ ..... TO: FROM: DATE: RE: Memorandum Ellie Hoffman, Senior Clerk Clerk of Courts - Minutes & Records Management J. Keith Gomez(Ae upervlsor Transportation/Ri,'ght Of Way Office May 10, 2002 Livingston Road 62071, Crossroads Community Church/Parcel 119 With regard to the above-referenced project, please find attached one (1) original recorded Warranty Deed. (The original executed Purchase Agreement for this acquisition is already on file in the office of the Clerk of Courts.) The Board of County Commissioners of Collier County, Florida approved the acquisition by gift or purchase in Resolution 1999-350, Item 16(D)6 dated September 14, 1999, and Resolution 1999-426, Item 16(B)20 dated November 23, 1999. The Board of County Commissioners of Collier County, Florida approved the acquisition by condemnation in Resolution 2002-98, Item 10B, dated February 12, 2002. If you have any questions or comments, you may contact me at 213-5843. Thank you. attachments as stated CCi Property Appraiser's Office w/copy of Deed Tax Collector's Office w/copy of Deed Inventory File w/copy of Deed/Agreement Project Contractor's File w/copy of Deed/Agreement Office of the Real Property Management Department PROJECT: Livingston Road/62071 PARCEL: 119/Crossroads FOLIO: 00203042108 Prepared by: 1 Ellen T. Chadwel ,Esqutre Office of the County Attorney 3301 East Tamfamt Trail Naples, Florida 34112 (941) 774-8400 WARRANTY DEED 2968914 OR: 3022 PG: 1128 RBCO~DID in OIFIClAL IIICORDS o[ COLLIIR COUN?), IL 04/19/2002 at 01:45P# OimllGfiY ~t. BI~0C[, CI, BRI~ Retn: TRANSPORTATION/RIGHT O) ~AY A??N:J KBITH GOI(BZ COilS 44,736.00 ~C )B! 19.50 COPIBS 4. O0 DOC . 70 3'13.60 THIS WARRANTY DEED made this / day of ,,d¢~;~__ , 20~__~ by CROSSROADS COMMUNITY CHURCH OF NAPLES, INC., a Florida corporation, not for profit, whose post office address is 2016 Trade Center Way, Naples, Florida 34109 (hereinafter referred to as "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 referred to as "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 Grantor has caused these presents to be executed the date and year first above written. This property has been acquired under threat of condemnation and is exempt from documentary stamp tax. THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, PURSUANT TO THE PROVISIONS OF RESOLUTION NO. / OR: 3022 PG: 1129 WITNESSES: First Witness (Sigqature) (Print or Type Name) ~'S~c~nd Wit,ne.ss J~i. gnature~/ - (Print %r Type ~ame) CROSSROADS COMMUNITY CHURCH OF NAPLES, INC., a F~~~n, not for profit By: (Print Name and Title) STATE OF COUNTY OF ~'~ ¢/,~_ ,,- The foregoin~LWarranty Deed was acknowledged before, this day of ,~Z)~.~ ~-- , 20_O_~_, by 7~,~ ~'. ,( ~.,-~'~ (Name) as c-'~;,,~,,~,~f,~z,/ (Title) on ¢ behalf of CROSSROADS' COMMUNIT_)d-GHURCn%QE NAPLES, INC., a Florida Corporation, not for profit, ,. ......... , ................ ,..~,.,_ , ,~.~.._~.,.,~,~ ~_ / .-- as identification. (Affix notarial seal) %S~nature 6] N~) (Prinf Name o[ Nota~) Commission~: C~ ~m My Commission Expires: As s t stant Coont,~ Attorney Ellen T. Chadwell , PR6NECT NO.: . §2.0,71 PROJECT PARCEL NO.: TAX PARCEL NO.: c~'~o3 OR: 3022 PG: 1130 DESCRIPTION: PARCEL 119 A PARCEL OF LAND LOCATED IN SECTION .31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 51, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA AND RUN NORTH 02°05'57'' WEST ALONG TIdE WEST LINE OF SAID SECTION'..51, A DISTANCE OF 150.14 FEET TO AN INTERSECTION W1Ttt THE NORTHERLY RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD EXTENSION (150 FOOT RIGHT-OF-WAY), SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUE NORTH 02"0.5'57" WEST ALONG SAID WEST LINE OF SECTION 51, A DISTANCE OF 56.55 FEET; THENCE RUN SOUTH 89'39'40" EAST, A DISTANCE OF 8.19 FEET; THENCE RUN SOUTH 89'55'06" EAST AND PARALLEL WITH SAID NORTHERLY RIGHT-OF-WAY IJNE OF VANDEREIILT BEACH ROAD EXTENSION, A DISTANCE OF 564-.79 FEET; THENCE RUN SOUTH 00°04'54'' WEST, A 'DISTANCE OF 36.50 FEET TO AN INTERSECTION WITH SAID NORTHERLY RIGNT-OF-WAY LINE OF VANDERBILT BEACH ROAD EXTENSION; THENCE RUN NORTH 89°55'06'' ~VEST ALONG SAID NORTHERLY RIGtdT-OF-WAY LINE OF VANDERBILT BEACH ROAD EXTENSION, A DISTANCE OF 564.87 FEET; THENCE RUN NORTH 89°59'40'' WEST ALONG SAID NORTttERLY RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD EXTENSION, A DISTANCE OF 6.72 FEET TO THE SAID POINT OF BEGINNING. CONTAINING 0.480 ACRES OF LAND, MORE OR LESS. St<ETCH AND. DESCRIPTION SECTION'51, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ['~ 'dOHNSON ENGINEERING lNG ENOINEER~. ~uRvE,YORB AND /COLOGI~ ' 2-01 991318 ,31-48-26 2 OF 2 PR(~JECT NO.: 62071 PROJECT PARCEL NO.: 119 TAX PARCEL NO., oo)-o~(Z~A,~ *** OR: 3022 PG: 1131 3~-48-25 NO2'OS'57'w 36~53' ~ ~OINF OF~_~[GINNING.~ I - r495- R25~ COLLIER COUNTY GRAPHIC SCALE O' I00' 200' 1 inch = 200 ft. CROSSROADS COMMUNITY CHURCH OF NAPLES, INC. (O.R BOOK 2456, PAGE 2200) (O.R. BOOK 2626, PAGE 1550) 8.19' PARCEL it9 VANDERBIL T BEACH ROAD r~ s~' ~ ~ (~' ~) -EX TENSION J / ZOM VANDERBIL T, LTD. (O.R. BOOK 2307. PAGE 2144) NOTES: 1. 1}{IS IS NOT A SURVEY. 2. BEARINOS SiIOWN tIEREON ARE BASED ON Tile WEST LINE OF SECTION 31 WH{CH HAS A BEARING OF N. 02'05'57" W. 3. SUBJECT TO EASEMENTS, RESERVAIIONS AND RESTRIC'BONS OF RECORD. 4, NOT VAUD W1]HOUT SHEE¥ 2 OF 2. Berry'. S~,~n (For th~'lrm LB~642) Prolesetonol Lend SUFV~DF Fmorldo C~tlflcote. No. 5365 Dote Signed: Not ~lld wlthou[qhe signature Grid Lhe orlglnol rel~ed seol of o ~orlde Licensed Surve~r ond M~pper. LEGEND: F.P.L., OmR. P.K. P.C.P. INDICATES FLORIDA POWER & LIGItT INDICATES OFFICIAL RECORDS INDICATES PARKER-KALON INDICATES PERMANENT CONTROL POINT SECTION '51, TOWNS. t-'tIP 48 SOUTlt, RANGE 26 EAST COLLIER COUNTY,' FLORIDA ' JOHNSON BNGINEERING, INC. ENOINEERB, BURVEYOR8 AND ECOLOOI~TI 2-01 9g1318 31-48-'26 1' - 200' 1 OF ~ St<ETCH AND DESCRIPTION