Parcel 123MEMORANDUM
DATE:
TO:
FROM:
September ~, 2002
Ms. Sue Filson, Administrative Assistant
,t(h~Margaret J. Kreynus, Acquisition Specialist
Immokalee Road Purchase Agreement - Parcel No. 123
JEN CASEY, as Trustee, under an unrecorded trust agreement
dated July 5, 2000, and known as the "JEN CASEY
REVOCABLE TRUST
Attached is a Purchase Agreement in the amount of $36,400.00 ready for execution by
Chairman James N. Coletta. This represents a settlement in the amount of the County's
purchase offer.
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 to execute various Agreements on behalf of the
Board. Most recently, June 25, 2002, the Board adopted Resolution No. 2002-312
(agenda item no. 10 M) 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 forward to the Clerk of Minutes and
Records for attestation. Thank you.
PROJECT:
PARCEL NOS:
FOLIO NO:
Immokalee Road Phase 2 - 60018
123
00215000002
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this ,,~.f'Z~ day of ..~:f~, 2002, by and between
JEN CASEY, as Trustee, under an unrecorded trust agreement dated July 5, 2000,
and known as the "JEN CASEY REVOCABLE TRUST" (hereinafter referred to as
"Owner"), whose address is 129 West Pago Pago Drive, Naples, FL 34113-8654 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 $36,400. 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
Purchase Agreement Page 2
10.
11.
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 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 he!d 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 ~HE_~R_EO~F, the parties hereto have executed this Agreement on
thiso?0"X¢ day of ,N~7'e,z'g~x~'t~ ,2002.
Property acquisition approved by BCC pursuant to Resolution No. 2001-450,
November 27, 2001.
AS TO PURCHASER:
DATED:
~ ATTEST:: ..¢.,
· :!"'DWIGHT E. I~ .ROCK, Clerk
/" ~.,,....~. :~ ~, ~epu~y ~er
AS TO OWNER:
DATED: ~ ~.p'r', 13: ~oc)c,~
Witnee~ign~.tulre)
Name: S~E)~I~I I'~Df='HEI I~'-Z..
(Print or Yype)
~VVitnes's (Signature)
Name: --'4.g'Tf/-~'Y' -57-"~7~.-")~5
(Print or Type)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JA~ N. COLETTA, Chairman
Approved as to form and
legal sufficiency:
H~idi F. Ashton
Assistant County Attorney
v~oo' R/W
RO_._AD
S.R. 84-6
FEE SIMPLE INTEREST
pARCEL Cf 123
EXHIBIT._.._.
pa~....__, of....._.
1.16
dEN CASEY
REVOCABLE TRUST
O.R. 2697, PG. 2604
Notes:
1. This is not a survey.
2. Basis of-bearing is N/A.
3. Subject to easements, reservations and
restrictions of record.
0 50 100 15C
NOT TO SCALE:
DESCRIPTION:
The Northerly 78.38 feet, of the North
One Half of the West 555 feet of the
Northwest 1/4 of the Northeast 1/4, less
the North 100 feet, previously dedicated
for State Highway #846, and less the west
10 feet thereof, Section 50, Township 48
South, Range 27 East, Collier County,
Florida. Containing 0.585 acres more or
less.
REVISED 4/25/02
oR THE FIRM)
.F.L~ .U_C._ ~. 58~," .
NOT VALID ~THCFUT THE SIGNATURE AND
THE ORIGINAL RAISED~SEAb'OF"A FLORIDA
LICENSED SURVEYOR AND MAPPER
SKETCH AND DESCRIPTION
WILKISON &
ASSOCIATES
INC, ~
ENGINEERS, SURVEYORS AND PLANNERS
3506 EXCHANGE AVE. NAPLES, FLA. 34104
(941) 645-2404 FAX NO. (941) 643-5173
FLORIDA BUSINESS LICENSE NO. LB5770
SCALE SEC/SUB. W.O. NO. DRAWN BY FILE NAME
AS NOTED 30/48/27 0014.1 EAW O0-018-O0.DWG
DATE SHEET FB PG CHECKED BY DWG. NO.
DJH
1 OF1
10/01
IR-,L-125 ~/
MEMORANDUM
DATE:
October 29, 2002
TO: Ellie Hoffman, Senior Clerk
Clerk of Courts Minutes & Records
FROM: ~Margaret Kreynus, Property Acquisition Specialist
" TECM - Right-of-Way
RE: Immokalee Road Warranty Deed - Parcel No. 123
Jen Casey, as Trustee, under an unrecorded trust agreement
dated July 5, 2000, and known as the "Jen Casey Revocable
Trust
With regard to the above-referenced project, please find attached one (1)
original recorded Warranty Deed. You have previously received the original
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. 2002-163, Item No. 10C,
dated 3-26-2002.
If you have any questions or comments, you may contact me at 213-5846.
Thank you.
Attachments as stated
CC:
Inventory File w/attachments
Project Contractor's File w/attachments
PROJECT:
PARCEL NOS:
FOLIO NO:
Immokalee Road Phase 2 - 60018
123 '
OO215OOOOO2
3061717 OR: 3131 PG: 0813
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, ~5
10/15/2002 at 10:49AM DWIGHT E. BROCK, CLERK
CONS 36400.00
REC FEE 15.00
Retn:
MARGARNT J KRBYNU$
TRANSPORTATION DIVISION
WARRANTY DEED
THIS WARRANTY DEED is made this /> day of ~c-7~o~e77-- Z~;._- ,
2002, by JEN CASEY, as Trustee, under an unrecorded trust agreement dated July
5, 2000, and known as the "JEN CASEY REVOCABLE TRUST" (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.
Said property is NOT the homestead property of the Grantor, nor is it adjacent thereto.
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 said Grantor has signed and sealed these presents
the day and year first above written.
B(~o~ANCE BY ~
ACCEPTED
UNTY COMMISSIONERS,
COLLIER COUN';',< FLORIDA,
T TO THE P~OVISIONS,
UTION NO. ~L~ I -- ~f.g- ~'
threat of condemnation and is exempt
from documentary stamp tax.
· . OR: 3131 PG: 0814
WITNESSES:
l'
'(SrCE~tture)
(Prl"h] ~ull Name)
(Print Full Name)
STATE OF
COUNTY OF
The foregoing Warranty Deed was acknowledged before me this ~' day of
/-~~ ~" , 2002, by JEN CASEY, as Trustee, under an unrecorded trust
agreement dated July 5, 2000, and known as the "JEN CASEY REVOCABLE TRUST",
who:
is personally known to me
OR
produced
'-,-¢ (, ~, o4.
(affix notarial seal)
/~,. ~. ~_~_~, ,1;' ,:2co . ~ ~,~¥ . /'/ as proof of identity.
(Signature c~ Notary Public) t
(Print Name of Notary Public)
Serial / Commission # (if any):
My Commission Expires: ~'-
P~epared
Hetd~ F. Ashton, Esqu~v~
Off~ce of the County ktte~lte~
330,1 East Tamiamt Trail
Naples, Flort~
r
FEE SIMPLE INTEREST
PARCEL ~123
EXHIBIT._.. .
Page._..,/__ of__~
R/W
RO.___AD
S.R. 84.6
1.16
JEN CASEY
REVOCABLE TRUS'f
O.R. 2697, PG. 2604
Notes:
1. This is not a survey.
2. Basis of. bearing is N/A.
N
0 50 100 150
NOT TO SCALE:.
3. Subject to easements, reservations and
restrictions of record.
DESCRIPTION:
The Northerly 78.38 feet, of the North
One Half of the West 335 feet of the
Northwest 1/4 of the Northeast 1/4, less
the North 100 feet, previously dedicated
for State Highway #846, and less the west
10 feet thereof, Section 30, Township 48
South, Range 27 East, Collier County,
Florida. Containing 0.585 acres more or
less.
SCALE
DAVID J. H~q', P.~. (FOR THE FIRM)
FLA. LIC. ~ 58~ ; ' ..'
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIClNAL RAISED'SEAL,'OF'A FLORIDA
LICENSED SURVEYOR AND MAPPER
REVISED 4/25/02
SKETCH AND DESCRIPTION
WILKISON &
ASSOCIATES
ENGINEERS, SURVEYORS AND PLANNERS
3506 EXCHANGE AVE. NAPLES, FLA. ;34104
(941) 643-2404 FAX NO. (941) 643-5173
FLORIDA BUSINESS LICENSE NO. LB5770
SEC/SUB. W.O. NO. DRAWN BY FILE NAME
30/4-8/27 0014.1 LAW
AS NOTED
DATE
SHEET
FB PG CHECKED BY
~o/m , ~ OF ~
DJH
O0-018-O0. DWG
DWG. NO.
IR-L-123