Parcel 165MEMORANDUM
DATE:
TO: ~-~C
FROM:
October 14, 2002
Ms. Sue Filson, Administrative Assistant
Margaret J. Kreynus, Acquisition Specialist
Immokalee Road Purchase Agreement - Parcel No. 165
Katherine Crevier and Robert Crevier
Attached is a copy of the Purchase Agreement in the amount of $21,200.00 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
165
3759538OOO4
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this~_~ay of ~--..~~ ,2002, by and between
KATHERINE CREVlER and her husband ROBERT C. CREVlER, SR., as Tenants
with Full Rights of Survivorship, whose address is 391 24th Avenue N.W., Naples,
Florida 34120-2387, (hereinafter collectively referred to as "Owner"), 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;
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 $21,200.00 payable
by County Warrant to Roetzel and Andres Trust Account (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, Purci~aser shall de~iver 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 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~.¥1E_R. EO,4:, the parties hereto have executed this Agreement on
this _,~?~Z;i]'~y of r.._.~)(~/_..~ , 2002.
Property acquisition approved by BCC pursuant to Resolution No. 2001-450,
November 27, 2001.
AS TO PURCHASER:
DW~ ~-~R(~., Clerk
~ ~. . '~ .,' ,~ ~ / _
................. ; Deput~Clerk
AS TO OWNER:
Witness (~gnature)
Name: ~cr~ L. ~¢¢
(Print or Type)
Witness (Signature)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
J N. COLETTA, CI airman
KATHERINE CREVIER
Name: C/--/,,t.:z£ r~ ~..,~_
(Print or Type)
AS TO OWNER:
Witness (Signature)
Name: ~.r_,~r'~ £. &~cr
(Print or Type)
Witness (Signature)
Name:
Approved as to form and
/~/~sufficiency:.,
~Ellen T. Chadwe[I
Assistant County Attorney
r
FEE SIMPLE INTEREST
PARCEL # 16 5
IMMOKALEE ROAD
S.R. 84-~ ,
KATHERINE CREVIER
ROBERZ C. CREVIER
O.R. 2124,PG. 182B
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.
2--
T-
O
O
EXHIBIT ....
Pal~ ...... of
Description:
The Northerly 79.43 feet of Tract 84, Golden Gate
Estates, Unit 20, as Recorded in Plat Book 7, Page
80, of the Public Records of Collier County, Florida.
Containing 0.603 acres, more or less.
N
NOT VAMD WI~O~T THE SI~NA~RE AND
THE ORIGINAL RAI~p-.SEAL;-OF A FLORIBA
LICENSED SUR~YOR ANB MAPPER
SKETCH AND DESCRIPTION
WlLNISON
ASSOCIATES
INC.~
ENGINEERS, SURV~ORS AND P~NNERS
~o~ Exc~.~ Aw..~.LES. ~.
(9~) S~-2~O~ FAX NO. (9~) 6~-5~7~
FLORIDA BUSINESS LICENSE NO. LB5770
SCALE SEC/SUB W.O. NO. DRAWN BY FILE ,NAME
AS NOTED GGE 20 0014.1 EAW O0.01,~8-O0. DWG
DATE SHEET FB PG CHECKED BY DWG, NO.
0 50 100 150
1 OF 1
DdH
IR-L-165 ~
MEMORANDUM
DATE:
TO:
FROM:
November 12, 2002
Ms. Sue Filson, Administrative Assistant
Margaret J. Kreynus, Acquisition Specialist
Immokalee Road- Parcel No. 165
Subordination of Utility Interests and Agreement for
Reimbursement for Additional Facility Relocations
Attached is a copy of the FPL Subordination of Utility Interests and Agreement for
Reimbursement for Additional Facility Relocations ready for execution by Chairman
James N. Coletta. This is a required document for the County's purchase of the above
referenced property.
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.
This instrument prepared by:
Florida Power & Light Company
P. O. Box 1119
$~msnta. FL 349q0-! 119
SUBORDINATION OF UTILITY INTERESTS
AND AGREEMENT FOR
REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS
THIS AGREEMENT, entered into this/_,,t3~lay of ~Q ~ , 2002, by and between the COUNTY OF COLLIER,
STATE OF FLORIDA, hereinafter called the "County", add FLORIDA POWER & LIGHT COMPANY, a Florida
Corporation, whose mailing address is P. O. Box 14000, Juno Beach, Florida 33408, hereinafter called "Utility".
WITNESETH:
WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway
purposes; and
WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed
in such lands by Utility to the County; and
WHEREAS, the County is willing to pay for the initial relocation of the Utility's facilities within the public right-of-
way to prevent conflict between the County's use and the Utility's use, and for the benefit of each, and
WHEREAS the County, in addition, in recognition of the Utility's interest in the certain lands, is willing to pay for
any future relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on Exhibit
"A", attached hereto and made a part hereof,
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and
County agree as follows:
UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A" attached hereto
and made a part hereof, to the interest of the County, or its successors, for the purpose of constructing, improving,
maintaining and operating a road over, through, upon, and/or across such Lands, based on the following:
Nature of Date From In Favor of Recorded
Encumbrance B ook-Page
Easement September 4, 1986 Richard R. Smith Florida Power and Light Company O.R. Book 1215
Page 2258
The County and the Utility further agree that:
"Public right-of-way", as used herein, shall mean that area which is described in Exhibit "A" and which includes the
Utility's easements identified above and additional lands for public right-of-way, as described in Exhibit "A",
attached hereto and made a part hereof.
The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate
facilities on, within, and upon the public right-of-way described in Exhibit "A", in accordance with the County's
current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation
of facilities within the public right-of-way will be subject to prior approval by the County.
The County shall pay for the relocation of existing facilities. In addition, the Utility retains the right to be
reimbursed, either now or in the future, for additional relocation or adjustment of its facilities located presently or to
be located on the public right-of-way described in Exhibit "A", if such relocation or adjustment is caused by present
or future uses of the right-of-way by Collier County or its assigns, including, but not limited to, the cost of acquiring
replacement easements.
The Utility shall have the right to enter upon the lands described in Exhibit "A" for the purposes outlined in
Paragraph 2 above, including the right to trim such trees, brush, and growth which might endanger or interfere with
such facilities. County shall provide and insure access to said lands by the Utility.
The Utility agrees to repair any damage to County facilities and to indemnify the County against any loss or damage
respiting from the Utility exercising its rights to construct, operate, maintain, improve, add to, upgrade or remove its
facilities on the said public right-of-way.
This Agreement shall not be assigned by County except to the State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
Attest $
si atu onl).
BOARD OF COUNTY COMMISSIONERS
JJ~IES N. COLETTA, Chairman
Signed, sealed and delivered
in the presence of:
Leslie Richard
Print Name:
Print Name: Donna M. Rodcbaugh
FLORIDA POWER & LIGHT COMPANY
TitlE: ~' ~.a--~_ _~/~/~orporate
Print Name: David O?Douglass
Real Estate
(Corp. Seal)
STATE OF FLORIDA, COUNTY OF PALM BEACH
I hereby certify that on this day, before me, an officer duly authorized to take acknowledgements, personally
appeared David G. Douglass to me known and personally known to me to be the person described in, and did not take an
oath and who executed the foregoing instrument as its Manager of Corporate Real Estate of the Florida Power & Light
Company and acknowledged before me that he executed the same as such official in the name and on behalf of said
Corporation.
W1TNESS my hand and official seal in the County and State aforesaid this ~Ptd~ay-- of h49~~. , 2002_.
My Commission Expires: Notary Signature: ]~7/~.~tt
Notary Public State of Florida
Assistant Count) Attorne)
El!e~ T. Chadwelt
Printed Name:
IXINNA M. RODEBAUGH iD
MY COMMISSION # DD 036578
EXPIRES: October 24, 2005
Bonded Thru Budget Notary Services
2-
0
0
FEE SIMPLE INTEREST
PARCEL #165
IMMOK'ALEE ROAD S.R. 8 4-~--
N 86'50'45" E 330.61' ......
84
KATHERINE CREVIER
ROBERT C. CREVIER
O.R. 2124, PG. 1828
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.
EXHIBIT
Palls__ ! of/,, ,
DescriPtion:
The Northerly 79.43 feet of Tract 84, Golden Gate
Estates, Unit 20, as Recorded in Plat Book 7, Page
80, of the Public Records of Collier County, Florido.
Containing 0.603 acres, more or less.
5O
N
100
THE ORIGINAL RAiSED'~3EAL~-:OF.A FLORIDA
LICENSED SURVEYOR AND MAPPER
150
SKETCH AND DESCRIPTION
WlLKISON. &:
ASS IATES
INC. ~1
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
AS NOTED GGE 20 0014.1 EAW
DATE SHEET FB PG CHECKED BY
1 OF1
DJH
FILE NAME
00,018~O0. DWG
DWG, NO.
IR-L-165
,/
J
MEMORANDUM
DATE: December 11, 2002
TO:
Ellie Hoffman, Senior Clerk
Clerk of Courts Minutes & Records
FROM:
~Margaret Kreynus, Property Acquisition Specialist
¥ TECM - Right-of-Way
Immokalee Road Warranty Deed
Katherine and Robert C. Crevier, Sr. - Parcel No. 165
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 Condenmation 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 NO:
FOLIO NO:
Immokalee Road Phase 2 - 60018
165
A portion of 37595380004
3083127 OR: 3159 PG: 0184
RECORDED in OFFICIA[, RECORDS of COLLIER COUNTY, FL
11/21/200Z at OI:IOPM DWIGHT E. BROCK, C~,ERK
CONS 18300,00
REC FEE 19.50
COPIES 4,00
Retn:
TRANSPORTATION/RIGHT OF WAY
INTEROFFICE- SOUTH HORSESHOE
WARRANTY DEED
THIS WARRANTY DEED is made this ~ day of /~ ~--lUL~'l(.- ,
2002, by KATHERINE CREVIER and her husband ROBERT C. CREVIER, SR., as
Joint Tenants with Full Rights of Survivorship, whose address is 391 24th Avenue N.W.,
Naples, Florida 34120-2387, (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.
Said property is NOT the homestead property of the Grantor, but it is 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.
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COMMISSIONER~,
COLLIER COUNTY, FLORIDA,
PURSUANT TO THE PROVISIONS
OF RESOLUTION NO._¢-.~..oOI
threat of condemnation and is exempt
from docume.tary stamp tax.
OR: 3159 PG: 0185
WITNESSES:
(Signature)
(Print Full Name)
~SignTat-u re)-/
(Print'FulllN.~e) - -
HERINE CREVIER
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Warranty Deed was acknowledged before me this
~'~_..,,.~_,~.,%.~_,---- ,2002, by KATHERINE CREVIER, who:
'/'"'~ me
day of
OR
__produced
as proof of identity.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial/Commission Cf (if any):
My Commission Expires:
OR: 3159 PG: 0186
WITNESSES:
<~.~,gnatUre)
(Print Full Name)
(Signature)
(Pdnt Full Name)
ROBE~REVIER, SR
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Warranty Deed was acknowledged before me this "7
~ ~,-~--- ., 2002, by ROBERT C. CREVIER, SR, who:
day of
is personally known to me
OR'
produced -~.o-c/-~m -'~_.~,~..~.-~ t~.¢<..~r.?_, as proof of identity.
(affix notarial seal)
JOHN X. LORENZ
Notary Public, State ct FIOI~
Notary I.D. No. o
Commission Expires Hov.
(Print Name of Notary Public)
Serial/Commission # (if any):
My Commission Expires:
Assistant county Attorne$ -'-
Ellen T. Chadwell
FEE SIMPLF~ INTE~ST
PARCEL #165
IMMOKALEE R__O_OAD __
----- ---- S.R. 846
KATHERINE CREVIER
ROBERT C. CREViER
O.R. 2124, PG. 1828
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.
EXHIBIT
Page__/_ of I
*** OR: 3159 PG: 0187 ***
O~
0
0
DescriPtion:
The Northerly 79.45 feet of Tract 84, Golden Gate
Estates, Unit 20, as Recorded in Plat Book 7, Page
80, of the Public Records of Collier County, Florida.
Containing 0.603 acres, more or less.
N
lO0
150
5O
DAVID d. I~Y.~,~)l~ !FOR THE FIRM)
FLA. UC. ·
NOT VAUD WITHOI~.T 'rile SIGNAI:IJRE AND
~E ORIGINAL RAI~D'SEAE.:OF A FLORIDA
LICENSED SUR~YO~' AND MAPPER
SKETCH AND DESCRIPTION
WlLKISON
ASSOCIATES
INC.~
ENGINEERS, SURV~ORS AND P~NNERS
3506 EXCHANGE AVE. NAPLES, F~. 3410~
(941) 643-2404 FAX NO. (9~1) 643-5173
FLORIDA BUSINESS LICENSE NO. LB5770
SCALE SEC/SUB W.O. NO. DRAWN BY FILE.NAME
AS NOTED
DATE
GGE 20
SHEET
1 OF 1
lO/Ol
0014.1
FB PG
LAW
CHECKED BY
DJH
O0.01~-O0.DWG
DWG. NO.
IR-L-165 j