Parcel 603PROJECT: Golden Gate Walkway/00164
PARCEL: 603
FOLIO: 00297200008
WARRANTY DEED
THIS WARRANTY DEED made this /._4-- day of ~ L/~-; L,) .~-T-- ,2001, by
BETTY L. HUTCHISON, a single person, 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.)
WlTNESSETH: 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:
THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA.
Subject to easements, restrictions, and reservations of record.
THIS LAND IS NOT NOW, NOR HAS IT EVER BEEN THE HOMESTEAD PROPERTY
OF THE GRANTORS, NOR IS IT CONTIGUOUS TO ANY HOMESTEAD PROPERTY OF
THE GRANTORS
m~-C
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: ~ =I
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.
~'~s~t,~W i.,~tn~y,Si~.nat/~,~ ,~/.<'.~'
_~e,~._0,..__d Name~)~
(Second Witness Signature)
(Printed Name)
STATE OF ~ ~/.Z,~'~-_7/,/.Z,,~
COUNTY OF A.o ~ ~,p ~ N
B~TTY~L. HUTCHISON
Address: 39704 Old Wheatland Road
Waterford, VA-'29-1-96 .~a ! '~
to for~ ,~lal _sufficiency
~ss t stant Count~ Attorne~
Ellen T~ Chadwe11
The/~foregoing WARRANTY DEED was acknowledged before me this /.-4'-''''~z'' day of
,'-/~-c~_ .5,7' , 20,~/ by BETTY L. HUTCHISON, a single person, who is personally
known.to me or who has produced ~,~.zr~-~& ~.z:c.~-/v~¢- ~ identification.
(affix' ~ota~ial,seal)
·" . '.?' ~'' "- (Sig f' Not
~'::en T. Chadwe11, Esqutr~
., ,-~ of the Count~ Attoeee~
,~: East Tam~am~ Tratl
'.,.~ t I 774-8400
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires: ¢--~"~,.~/./'p,,~
PROJECT:
PARCEL:
FOLIO:
Golden Gate Walkway/00164
603
00297200008
16D 4
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered by and between BETTY L. HUTCHISON, a single person
(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 estate in that land (hereinafter referred
to as the "Property") located in Collier County, State of Florida, and being more
particularly described as follows, to wit:
THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Owner desires to convey the Property to the Purchaser on
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 by Warranty Deed for the sum
of Ninety-Nine Thousand Nine Hundred Ninety-Nine Dollars ($99,999.00). 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 (said
transaction hereinafter referred to as the "Closing").
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.
6. 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
4
all documents to clear title to the Property shall be provided to Purchaser on or before
the date of closing.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.)
13. This Agreement is governed and construed in accordance with the laws of
the State of Florida.
14. 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.
16D 4
Date Project/Acquisition Approved by
BCC: ~/6 zoo /
AS TO PURCHASER:
ATTEST: /. ,. ',,
~' DWIGHT E. BRocK; Clerk
"-,, ' ' .... ] ', t::~puty Clerk
Attest 'a~' 'to' 'Ch~'t'raan' $
st~atere ~15.
BOARD OF COUNTY CO~MISSIONERS
BY: ~
JAMES D. CARTER, Ph.D., Chairman
AS TO OWNER:
DATED: /..5"- ,,~/..) ~-. ~0. ma t
WITNESSES:
(Fir. st Witness Signature_)
(Printed Nam_e)
(Second Witness Signature)
(Printed Name)
BETTY ~.. HUTCHISON
Address: 39704 Old Wheatland Road
Waterford, VA 22'f90 .~ m ]
Approved as to form and
~sufficiency:~ /
Ellen T. Chadwell
Assistant County Attorney
TO:
FROM:
DATE:
RE:
Memorandum
Ellie Hoffman
Records Technician III
Minutes & Records Management
Rachel Collazo'~¢./
Property Acquisition Specialist
Real Property Management Department
January 3, 2002
Golden Gate Walkway/Parcel 603/Hutchison
Please find the attached original documents:
1. Warranty Deed
2. Purchase Agreement
The Board of County Commissioner of Collier County, Florida approved the purchase of
this property for Parks and Recreation, Agenda Item 16 (D) 4, dated September 11,
2001.
Please contact me if you have any questions or comments at 8922.
Thank you.
attachments as stated
cc: Property Appraiser's Office
Tax Collector's Office
Inventory File w/attachments
Office of the Real Property Management Department