Parcel 131MEMORANDUM
DATE: November 12, 2002
TO: Ms. Sue Filson, Administrative Assistant
FROM: ~ Margaret J. Kreynus, Acquisition Specialist
RE: Immokalee Road Purchase Agreement - Parcel No. 131
Sara Sinclair Ellenburg, as Trustee
Attached is a Purchase Agreement in the amount of $32,900.00 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
131
a portion 00215160007
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this ~,,~;~day °fu~~~--S~EE of the J ,2002, by and between
SARA SINCLAIR ELLENBURG, AS TR ames C. Ellenburg Trust
under an unrecorded Trust Agreement dated January 12, 1990, (hereinafter
referred to as "Owner"), whose address is 2889 S.W. 35 Avenue, Miami, FL 33133-
3407 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 by Trustee's Special Warranty
Deed for the sum of $32,900. 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 expert witness fees and costs as provided for in Chapter
73, Florida Statutes. Owner shall be entitled to attorney's fees in the amount of
$300.
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.
o
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
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.
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this/,.~,~' day of '-~ ~ ,2002.
Property acquisition approved by BCC pursuant to Resolution No. 2001-450,
November 27, 2001.
AS TO PURCHASER:
,' :' E,':.Brock, Clerk
' "" ~ ~ ~'.--" , ~puty Clerk
Attest~as to Chat~'s
st~atare ~1~.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: j~
Purchase Agreement
Page 3
AS TO OWNER:
DATED:'~~
Witness (Signature)
Name: ~ nd h ~ ~ r'cd~
. (Print or Type/)
Witness (Signature)
Name: ~--~,' ,~ ¢:~ ~" ~/'/~-
(Print or Type)
Sara Sinclair Ellenb~'g, as Trus~'~
of the James C. Ellenburg Trust
Approved as to form and
legal sufficiency:
H~idi F. Ashton
Assistant County Attorney
F_~oo' R/W
iMMOKALEE ROAD
- ------------~.R. '~-46
2
SARA SINCLAIR ELLENBURG
TRUST
JAMES C. ELLENBURG
O.R. 1,516, PG. 2279
:5.05'
Notes:
1. This is not a survey,
2. Basis of bearing is N/A.
5. Subject to easements, reservations and
restrictions of record.
4. Parent tract descriptions are presented here
verbatim from the provided descriptions.
5. This is o revision of a Wilkison & Associates
Sketch and Description which merged with
Wilson-Miller, effective July 1, 2002.
DESCRIPTION:
The Northerly 78.00 feet, together with
the Southerly 9.83 feet, of the Northerly
87.8.3 feet, of the Easterly 25.05 feet, of
the East One-Half of the West One-Half
of the East One-Half of the Northeast
Quarter, less the North 100 feet right of
way, and less the South 10 feet thereof,
Section .30, Township 48 South, Range 27
East, Collier County, Florida. Containing
0.582 acres more or less.
0 50 100 150
NORTH 87.83'
EAST 1/2 OF
THE WEST 1/2
WEST 1/2 = ..,__
o
NOT TO SCALE:
~FOR THE FIRM)
FLA. UC. N~.
NOT VALID WITHOU'r THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
REVISED: REVISED DESCRIPTION, 8-8-02, BES/925, DJH/1062
· · "~""""*~'*~"~ cu~r: COLLIER COUNTY TRANSPORTATION DEPARTMENT
Mlil llliillar o 0, ,o w.
· ~BB~BBB~BBBB~B I 48 S~UTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA
~ ' r~ ' ~' A'~ "*~ ~ ' ~ ~ J IR-L-131 JSURVDWG~IMMOKALEE ROAD~O0-018- O0.DWG
~'~'~~'~'~~'~'~~,~ J 10/01 I 04014-000-000 I I Or 1 I 1H-10
MEMORANDUM
DATE: December 11, 2002
TO:
Ellie Hoffman, Senior Clerk
Clerk of Courts Minutes & Records
FROM: ?,~argaret Kreynus, Property Acquisition Specialist
? TECM - Right-of-Way
Immokalee Road Warranty Deed
Sara Sinclair Ellenburg, as Trustee - Parcel No. 131
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:
FOLIO NO:
Immokalee Road Phase 2 - 60018
131
a portion of 00215160007
3083138 OR: 3159 PG: 0239
RECORDED in O~ICIAL RECORDS 0f COL~,I~R COUNTY, FL
11/21/2002 at 01:22PM DWIGHT E, BROCK, CLERK
CONS 32900.00
RBC ~BB 15,00
COPIBS 3,00
Retn:
TRANSPORTATION/RIGHT OF NAY
INTEROFFICB- SOUTH HORS~SHOE
TRUSTEE'S SPECIAL WARRANTY DEED
This indenture, made this ~:~ day of////~~--, 2002, between SARA
SINCLAIR ELLENBURG, as Trustee of the James C. Ellenburg Trust under an
Unrecorded Trust Agreement dated January 12, 1990, whose post office address is 2889
S.W. 35 Avenue, Miami, of the County of Miami-Dade, State of Florida 33133-3407,
Grantor*, and 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, Grantee*,
Witnesseth that said Grantor, for and in consideration of the sum of Ten ($10.00) Dollars,
and other good and valuable consideration to said Grantor in hand paid by said Grantee,
the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said
Grantee and its successors or heirs, and assigns forever, the following described land,
situate, lying and being in Collier County, Florida, to-wit:
See Attached Exhibit "A" which is incorporated herein by reference.
SUBJECT TO
1. Taxes for the year 2002 and subsequent years,
2. Conditions, restrictions, limitations, easements, reservations and
encumbrances of record, if any,
3. Applicable zoning ordinances, if any.
Grantor covenants with Grantee that Grantor has good right and lawful authority to sell
and convey the property and Grantor warrants the title to the property for any acts of
Grantor and will defend the title against the lawful claims of all persons claiming by,
through, or under Grantor.
And Grantor covenants to and with Grantee, Grantee's successors and assigns, that
Grantor presently serves as the only Trustee(s) under the James C. Ellenburg Trust under
an unrecorded Trust Agreement dated January 12, 1990, that the Trust is in full force and
effect, that Grantor as Trustee(s) is (are) empowered by the Trust to enter into this deed,
and that all things preliminary to and in and about this conveyance and the laws of the
State of Florida have been followed and complied with in all respects.
* "Grantor" and "Grantee" are used for singular or plural, as context requires.
In Witness Whereof, Grantor has hereunto set Grantor's hand and seal the day and year
first above written.
Signed, sealed and delivered
In our presence:
First Witness Signature
itneos Sig,/~ure///
Second Witness Signature
Second Witness Signature
~ CONVEYANCE ACCEPTED BY THE
BOARO OF COUNTY OOMMI881ONERS,
COLLIER COUNTY, FLORIDA,
PURSUANT TO THE PROVISIONS
OF RESOLUTION NO._~IOC¥_r.4.~C~
Sara Sinclair Ellenburg, as Trustee "-------~
of the James C. Ellenburg Trust
property has been acquired under
threat of condemnation and is exempt
from documentary stamp lax,
OR: 3159 PG: 0240
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
_ The foregoing instrument was acknowledged before me this__': 7 ,:JT~. day of
'~,~%, 2002, by S.ARA SINCLAIR ELLENBURG ,as Trustee of t~e James C.
Ellenburg Trust, who ~- is
has produced as identification a
personally known to me
issued by
My Commission Expires:
*** OR: 3159 PG: 0241 ***
_~oo' R/W
iMMOKALEE ROAD
- ~.R.--8-46
N
2
SARA S~NCLAIR ELLENBURG
JAMES C. ELLENBURG TRUST
O.R. 1516, PG. 2279
Notes:
1. This is not a survey.
2. Basis of bearing is N/A.
0 50 100 150
NORTH 87.83'
EAST 1/2 OF _
THE WEST 1/2
WEST 1/2 -.--
o
NOT TO SCALE:
5. Subject to easements, reservations and
restrictions of record.
4. Parent tract descriptions are presented here
verbatim from the provided descriptions.
5. This is o revision of o Wilkison & Associates
Sketch and Description which merged with
Wilson-Miller, effective July 1, 2002.
DESCRIPTION:
The Northerly 78.00 feet, together with
the Southerly 9.83 feet, of the Northerly
87.8,3 feet, of the Easterly 25.05 feet, of
the East One-Half of the West One-Half
of the East One-Half of the Northeast
Quarter, less the North 100 feet right of
way, and less the South 10 feet thereof,
Section 30, Township 48 South, Range 27
East, Collier County, Florida. Containing
0.582 acres more or less.
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
REVISED: REVISED DESCRIPTION, 8-8-02, BES/925, DJH/1062
WilspnMiller
cu~:N~; COLLIER COUNTY TRANSPORTATION DEPARTMENT
roLE:SKETCH AND DESCRITPION - PART OF SECTION 30, TOWNSHIP
48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA
'¢¢lLK~90{~ ,~ AS~OC t'~{LE NO.:: ORAW~NO N{JMS~R~
IR-L- 1,31 SURVDWO%IMMOKALEE ROAD%OO-O18-OO.DWG
10/01 04014-000-000 1 o~' 1 1H-lO