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Parcel 175ATO: FROM: DATE: RE: Memorandum Sue Filson Executive Manager Board of County Commissioners Sharon Gilbert Transportation Division - Right-of-Way Office ~-B -oz. Immokalee Road Phase 1 project, 60018 Stark, Parcel No. 175A Attached you will find one (1) 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. Resolution No. 2001-450, adopted by the Board of County Commissioners on November 27, 2001, (agenda item no. 16[B]5), authorized the acquisition of easements and / or fee simple parcels required for the construction of the four lane improvements to Immokalee Road; and further authorized its Chairman, and any subsequent Chairman, for the life of the project (Paragraph Nos. 6 and 9), to execute various instruments, including Easement Agreements and Purchase Agreements, on behalf of the Board. Most recently, June 25, 2002, the Board adopted Resolution No. 2002-312 (agenda item no. 10M) authorizing the acquisition of right-of-way by condemnation, if necessary. Please ask Chairman Coletta to execute the attached Purchase Agreement on behalf of the Board of County Commissioners, and then forward to the Clerk of Minutes and Records for attestation. Thank you. Attachment Office of the Real Property Management Department PROJECT: PARCEL No: FOLIO No: Immokalee Road Phase 1 - 60018 175A 37696800001 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this ,/_~. day of ~ ,2002, by and between ALLAN F. C. STARK and DARLA D. STARI~, Ru~band and wife (hereinafter referred to as "Owner"), whose address is 13219 US Highway 71, Sanborn, Minnesota 56083- 3086, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "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; and 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 $17,500 payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, 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. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the Purchaser; 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. Purchase Agreement Page 2 10. 11. 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 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. 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. 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. 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. 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.) This Agreement is governed and construed in accordance with the laws of the State of Florida. Purchase Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this --/--,k- day of Property acquisition approved by BCC pursuant to Resolution No. 2001-450, November 27th, 2001. AS TO PURCHASER: DATED: ATTEST: DWI S H,T,,Eh, 8,B,~,,.C K, Clerk .., . -~ '? ~,-~, AS TO,©WNER: 'i. ' DATED: %i- Witness (Signature) Name (Print or Type) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMEg4~. C~n ALLAN F.C. STARK Signat~e) Name (Print or Type) Witness (Signature) Name (Print or Type) DARLA D. STARK ss (Signat,¢~) Name (Print or Type) Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney EXHIBIT Page,,, l, _of iP~ 25TH AVENUE N.W. N 89'58'26" W 337.58'* --60'WIDE ROAD EASEMENT LEI - ~f ' 4o---I o° <,o,¢ ~ '. , z < d ~ : v~so' 5~..'~,, ~ ~~,_~ 'L & 3 .57 REVISED 01/51/02 SCALE SEC/SUB AS NOTED DATE 02/02 0 50 100 150 GGE 22 SHEET 1 OF 2 ?iAAV~Dii~..'Hi~T~.M. (FOR THE FIRM) NOT VALID WITHOUT THE' SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON ASSOCIATES INC. I ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. ,:34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSI NO. LB5770 W.O. NO. DRAWN BY FILE NAME 001 4.1 EAW 00-01 8- 000. DWG FB PG CHECKED BY DWG. NO. DJH IR-L-175A-1 ,/ EXHII T Des. cription: A portion of TraCt 95, Golden Gate Estates, Unit 22, according to the plat thereof as recorded in Plat Book 7, Page 84, Collier County, Florida, being more particularly described as follows: Beginning at the Southwesterly Corner of said Tract 95, thence North 00'19'10" East, along the Westerly Boundary of said Tract 95, for a distance of 61.75 feet to a point on a circular curve, concave Northerly, whose radius point bears North 15'`58'07" .West, a distance of 4,117.18 feet therefrom; thence run Easterly, along the arc of said curve to the left, having a radius of 4,117.18 feet, through a central angle of 04"18'~2", subtended by a chord of 509.75 feet at a bearing of North 74'12'52" East, for an arc length of 509.85 feet to the end of said curve, and a point of intersection with the Westerly Boundary of the 80.00 foot wide Drainage Easement, as shown on the Plat of Said Unit 22; thence South 00'19'10" West, along said Westerly Line, for a distance of 105.17 feet to a point on a circular curve, concave Northerly, whose radius point bears North 17'29'57" West, a distance of 4,217.18 feet therefrom; thence run Easterly, along the arc of said curve to the left, having a radius of 4,217.18 feet, through a central angle of 00"54'18", subtended by a chord of 42.08 feet at a bearing of North 72'12'54" East, for an arc length of 42.08 feet to the end of said curve, and to an intersection of the Easterly Boundary of said Tract 95; thence South 00"19'10" West, along said Easterly Boundary Line of Said Tract 95, for a distance of 52.57 feet, to the beginning of a curve, concave Northerly, having a radius of 5,254.46 feet and a central angle of 00'08'45"; thence run Westerly, along the arc of said curve to the right, having a radius of 5,254.46 feet, through a central angle of 00'08'45", subtended by a chord of 15.52 feet at a bearing of South 75'54'15" West, for an arc length of 15.52 feet to the end of said curve; thence South 86'51'39" West, along the Southerly Boundary of said Tract 95, for a distance of 525.50 feet; to the POINT OF BEGINNING; Containing 0.667 acres, more or less. Notes: 1. This is not a survey. 2. Basis of bearing is plot. ,5. Subject to easements, reservations and restrictions of record. 4. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing the original signature and embossed seal of a Florida registered Surveyor and Mapper. 5. All dimensions are plot unless otherwise noted. 6. * Note should be taken that on the plat of Golden Gate Estates, Unit 22, a 30' deficiency occurs in the block containing Tracts 110-125, and Tract "A", and a 50' overage occurs in the block containing 78-109, and this is reflected in the calculations concerning this parcel. REVISED 01/31/02 SKETCH AND DESCRIPTION WlLKISON & ASSOCIATES INC. I ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 54-104 (941) 643-2404. FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO, LB5770 SCALE SEC/SUB W.O. NO. DRAWN BY FILE NAME AS NOTED GGE 22 0014.1 HAW O0-018-O00.DWG DATE SHEET FB PG CHECKED BY DWG. NO. 02/02 20F2 DJH IR-L-175A-2