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Parcel 157MEMORANDUM TO: SUE FILSON, EXECUTIVE MANAGER BOARD OF COUNTY COMMISSIONERS FROM: DATE: Cathrine Lee, Acquisition Specialist Transportation, ROW September 9, 2002 RE: Immokalee Road PH 2, Project 60018 Parcel 157 Attached you will find one(l) Purchase Agreement for execution by Chairman James N. Coletta concerning the above transaction. Please be advised that Heidi F. Ashton, Assistant County Attorney has reviewed and approved the attached document. The Board of County Commissioners of Collier County, Florida approved the acquisition by gift or purchase Resolution 2001-450, Item 16B5, dated 11-27- 2001. Once the Agreement has been executed, please forward same to Minutes and Records Management, for attestation by the Clerk to the Board. Thank you. Attachment as stated PROJECT: PARCEL No.'s: FOLIO No: Immokalee Road Phase II 157 37591200007 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (herei. gafter referred tp as the "Agreement") is made and entered into this _.~~ay of ~ 200..~, by and between UDO BECKERMANN, AND EVA M. BECKiERMAN, husband and wife (hereinafter referred to as "Owner"), whose address is 156 Coral Vine Drive, Naples, Florida 34110-5718, 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 $73,000, 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. 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. 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 WI-~REOF, the parties hereto have executed this Agreement on this /z~.-Z~l~ay of ..~(".~,~,)~, 2(;~,,~ . Property acquisition approved by BCC pursuant to Resolution No. 2001-450, November 27, 2001. AS TO PURCHASER: DATED: ~o,/~ ~.z~ ,~,v: ...... ,'~ A.~q'EST.,. :. ~.,. :'DWI G:H.T'~~CK, Clerk z~ ~(~,~',~¢:'., Deputy Clerk Attest'~l~' C~t~ s BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOPUDA JAMES' N. COLETTA, Chairman AS TO OWNER: DATED: ss (Signature) Name: (Print or Type) -V~itnes~-(Si~lnatUre) Name: ,~. (Print or lyps) Witnes~nature) Name: (Print or Type) Wi¢; ~gnature) (Print or Type) EVA M. BECKERMANN Approved as to form and legal sufficiency: Cb Ellen T. Chadwell, A'~Assistant County Attorney FEE SIMPLE INTEREST PARCEL #157 IMMOKALEE ROAD --'-'-' S.R. 84-6 ,4.5' N E EXHIBIT___ . 0 ,50 100 150 .,- 0 0 Notes: 1, This Is not a survey. 2. Basis of bearing Is plat. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. 5. U.E. Represents Utility Easement. Descrlptlon: The Northerly 323.89 feet of Tract 20, Golden Gate Estates, Unit 20, as Recorded in Plat Book 7, Page 80, of the' Publlc Records of Collier County, Florida. Containing 2.457 acres, more or less. REVISED 2/11/02 DAVID J. H~TT,/~. ¢OR THE FIRM) FLA. LIC. I~0. 5~flr. ,. ': ' ' NOT VALID Wl'I~r~UT YHE 'sIGNA,TURE AND THE ORIGINAL RAISED.:SEAL.:OEjA FLORIDA LICENSED SURVEYOR .AN~~"' rvlA~PER SKETCH AND DESCRIPTION WlLKISON ASSOCIATES INC. m' ENGINEERS, SURVEYORS AND PLANNERS 3508 EXCHANGE AVE. NAPLES, FLA. 3410,~ (941) 643-2404 FAX NO. (9'H) 843-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC/SUB AS NOTED (3GE 20 DATE SHEET 1 OF 1 10/01 W.O. NO. DRAWN BY FILE NAME 0014.1 LAW 00-018- O00.D WG FB PG CHECKED BY DWG, NO, DJH IR'L-157 ,~ MEMORANDUM DATE: TO: FROM: 10-1-2002 Ellie Hoffman Senior Clerk Clerk of Courts Minutes & Records Cathy Lee, Acquisition Specialist (-~' Transportation Right of Way Immokalee Road Warranty Deed Eva & Udo Beckermann, Parcel 157 With regard to the above-referenced project, please find attached one (1) original recorded Warranty Deed. You have previously received the Purchase Agreement. The Board of County Commissioners of Collier County, Florida approved the acquisition by Gift & Purchase in Resolution No. 2001-450, Item No. 16(B)5), dated 11-27-2001. The Board of County Commissioners of Collier County, Florida approved the acquisition by Condemnation Resolution No. 2002-125, Item No. 10E, dated 2-26-2002. If you have any questions or comments, you may contact me at 213-5848. Thank you. Attachments as stated cc: Inventory File w/attachments Project Contractor's File w/attachments PROJECT: PARCEL: FOLIO: Immokalee Rd. PH 2/60018 Beckermann/157 37591200007 3047058 OR: 3111 PG: 3297 RECORDED in OPFICIAL RECORDS of COLLIER COUNTY, PL 09/17/2002 at 01:25PM DWIGHT E, BROCK, CLHRK CONS 76000. O0 Hetn: TRANSPORTATION/RIGHT OP WAY INT~ROPPICB- SOUTH HORSBSHOS ATTN: CATHY 15,00 WARRANTY DEED THIS WARRANTY DEED is made this (¢'/-~ day of 200~, by UDO M. BECKERMANN and EVA M, BECKERMANN, husband and wife (hereinafter collectively 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 OF THE GRANTOR. 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. Th~ property has been acquired under threat of conde~ and is exempt from documentary stamp tax. THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COMMISSION~, COLLIER COUNTY, FLORIDA, PURSUANT TO THE PROVISIONS OF RESOLUTION NO. ~._00 I - '-f,..~' ~p OR: 3111 PG: 3298 IN WITNESS WHEREOF, said Grantor has si~g~u~d and ~ealed/~ese presents the day and year first above written. / ) Witness (Signature) UDO M. B~"CKERMANN N~,~,Print or T,y~)/' V~t~ess (signature)/ Name (Print or Type) STATE OF ~(¢~-c~ '~ ~ COUNTY OF C,~?/--LZ~ The foregoing Warranty Deed was acknowledged before me this ~---~W"day of ~~..0~, ~_~_.-, 2002 by Udo M. Beckermann, who is personall~_k_no_.w_.n tqm~e or has produced as proof of identity. (affix notarial seal) ...'.~'_~?;r.. CATHERINE E. LEE DABBIERI l~ JJ~;~ EXPIRES: Oc~er 27, 2~2 I! Serial/Commission Cf: Notary Public Printed name My Commission expires: /© '-:3-o ~ Witness (Signature) Name ~:jint or T~I~) Witn-6~s (signature) '~' Name (Print or Type) STATE OF COUNTY OF (_~//~ EVA M. BECKERMANN ,,~ The foregoing Warranty Deed was acknowledged before me this ~day of ,:~..~p~.-,~/:~'_-~_...~, 2002 by Eva M. Beckermann, w~gis_pe__r_s__o_ng_lly known to me or has 'pro(~uced as proof of identity. -- - (affix notarial seal) ~...e'~'~ MY COMMISSION # CC 786473 ~j EXPIRES: October 27, 2002 _~'_: ~'~_, I~x~ed Thru Notary Pubtic Underwdlers_ _ _ _ Serial/Commission Cf: Notary Public Printed name My Commission expires: -[- ~si~'t~nt Cou.t~ Attor.e$ FEE SIMPLE INTEREST PARCEL # 157 iMMOKALEE ROAD --- S.R. 846 N E 330.61' EXHIBIT "P.oo.J_ o.E o~ ~-- 0 0 I- 0 0 Notes: 0 50 100 150 1. This is not a survey. 2. Basis of bearfng Is plat. 3. Subject to easements, reservations and restrictions of record. Descrfptton: The Northerly 323.89 feet of Tract 20, Golden Gate Estates, Unit 20, os Recorded in Plat Book 7, Page 80, of the' Public Records of Collier County, Florldo. Containing 2.457 acres, more or less. 4. All dimensions are plat unless otherwise noted. 5. U.E. Represents Utility Easement. REVISED 2/11/02 THE ORIGINAL RAISED.:SEAL.OF.: A FLORIDA UCENSED SURVEYOR '. A~D;:' MAi=PER 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 LICENSE NO. LB5770 SCALE SEC/SUB W.O. NO. DRAWN BY FILE NAME AS NOTED <3GE 20 0014-,1 EAW O0-018-O00.DW8 DATE SHEET FB PG CHECKED BY DWG, NO, DJH IR-L-157 1 OF 1