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Parcel 149MEMORANDUM DATE: January 3, 2003 TO: Ms. Sue Filson, Administrative Assistant FROM: ~ Margaret J. Kreynus, Acquisition Specialist RE: Immokalee Road Purchase Agreement - Parcel No. 149 Andres Estanislao and Celia Cade Attached is a copy of the Purchase Agreement in the amount of $17,500 ready for execution by our Chairman. 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 149 00212960006 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this ,~ day of .~5 ~l~.l,2~,P_ ,2002, by and between ANDRES ESTANISLAO, a single man, as to an undivided Y2 interest, whose address is P.O. Box 1993, Bonita Springs, FL 34133-1993, and CELIA CADE, a single woman, as to an undivided 1/2 interest, whose address is P.O. Box 1993, Bonita Springs, FL 34133-1993, as tenants in common, (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 $17,500.00 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 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 ,;~ day of '~'~-~-.~"L ,2002. Property acquisition approved by BCC pursuant to Resolution No. 2001-450, November 27, 2001. AS TO PURCHASER: DATED: /'7.. W ii--r~.~ ~Signatur~)-- Name: (~rint or Typ~) /.-' ,~ ' ~itr~ess (Signa~'d'r~) Name: ~ ~Print or Ty~e) AS TO OWNER: DATED: ~ness (Signai-~) Name: ~&~,. (Print or Type) W ess ~amo: ~~' Crin¢ Type) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Jam BY: Celia Cade Approved as to form and leg~sufficiency: ~"~lie ~ T~Chadwell Assistant County Attorney FEE SIMPLE INTEREST PARCEL #149 EXHIBIT IMMOKALEE ROAD S.R. 846 56 1 o0' --,,- 660' ---..- NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. Description: The Northerly 79.18 feet of the East One Hundred (100')' of the West 660'; of the Northwest quarter of the Northeast quarter of the Northeast quarter, less Right-of-Way, Section 29, Township 48 South Range 27, East, Collier County, Florida. Containing 0.182 acres, more or less. N 0 50 100 150 ~AVID J.'/I~AT'r,~[C~.M. (FOR THE-FIRM) FLA. LIC!,qqO,/~i.~4 . NOT VALID WlC:~I~(~U' ~-IE SIGF;IA~RE AND THE ORIGINAL RAISED; SE~"DF; A'FLORIDA LICENSED SURVEYOR.. SKETCH AND DESCRIPTION WlLKISON & 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. AS NOTED 29/48/27 0014.1 DATE SHEET FB PG 1 OF 1 10/01 DRAWN BY FILE NAME LAW CHECKED BY DJH O0-018-O0. DWG DWG. NO. IR-L-149 MEMORANDUM DATE: TO: FROM: April 14, 2003 Ellie Hoffman, Senior Clerk Clerk of Courts Minutes & Records VL Margaret Kreynus, Property Acquisition Specialist TECM - Right-of-Way, South Horseshoe Drive, Suite 214 Immokalee Road Warranty Deed Andres Estanislao and Celia Cade -Parcel No. 149 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 Girl & 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 {h~red Ellen T. Chadwetl, Office of the Count) After,e) 3301 E~'~t T~.la~i Trail Naples, Florida 3411Z (941) 774-8400 3146171 OR: 3241 PG: 1263 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, PA 03/17/2003 at 10:00AM DWIGHT E, BROCK, CLERK CONS 175.00 RHC FEE 19.50 COPIES 4.00 Retn: TRANSPORTATION ROW/ACQUISITION INTBROFFICE PROJECT: PARCEL NO: FOLIO NO: Immokalee Road Phase 2 - 60018 149 a portion of 00212960006 WARRANTY DEED THIS WARRANTY DEED is made this ~'7 day of 2003, by ANDRES ESTANISLAO, a single man, as to an undivided 1~ interest, whose address is P.O. Box 1993, Bonita Springs, FL 34133-1993, and CELIA CADE, a single woman, as to an undivided 1~ interest, whose address is P.O. Box 1993, Bonita Springs, FL 34133-1993, as tenants in common, (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.) WlTNESSETH: 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. This property has been acquired under threat of condemnation and ts exemp~ from documentary stamp tax. THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COMMI$81ONER~, COLLIER COUNTY, FLORIDA, PURSUANT TO THE PROVISIONS OF RE,.~:)LUTION NO. OR: 3241 PG: 1264 WITNESSES: (Print Full N~ame) (Signature) (Print Full Name) ANDRES ESTANISLAO STATE OF FLORIDA COUNTY OF COLLIER The foregoing Warranty Deed was acknowledged before me thi y of .-~_.~: :)~¢~/z-~ 2003, by ANDRES ESTANISLAO, who: is personally known to me '7' -"~s proof of identity. (affix notarial seal) (Print Name of Notary Public) Serial/Commission # (if any):~'/'3 L/~ ? My Commission Expires: Ellen T. C/Il OR: 3241 PG: 1265 WITNESSES: (Signature) CELLA CADE STATE OF FLORIDA COUNTY OF COLLIER The foregoing Warranty Deed was acknowledged before me thisc>~(J ~ rcL(.~ ~Oo 3 , 2003, by CELIA CADE, who: ~ is personally known to me OR ~produced day of as proof of identity. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial / Commission # (if any): My Commission Expires: ~MMOKALEE ROAD S.R. 846 56 FEE SIMPLE IN'TE'REST PARCEL//149 EXHIBIT_/ ,, Page / of_ /. NOT TO SCALE: Notes: 1. This is not a survey. 2, Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. Description: The Northerly 79.18 feet of the East One Hundred (100') of the West 660', of the Northwest quarter of the Northeast quarter of the Northeast quarter, less Right-of-Way, Section 29, Township 48 South Range 27, East, Collier County, Florida. Containing 0.182 acres, more or less. N ~AVlD J:'/I~AT'r,~C~.M. (FOR TRE. FIRM) FLA. LIC?NO,~4.. :...' .: NOT VALID WC~f6bT THE SIGIqA~RE AND THE ORIGINAL RAISEDi SEAL~OE;A FLORIDA LICENSED SURVEYOR ANb ;~PPER 0 50 100 150 SKETCH AND DESCRIPTION WlLKISON ASSOCIATES INC. I ENGINEERS, SURVEYORS AND PLANNERS 5506 EXCHANGE AVE. NAPLES. FLA. 54104 (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 29/48/27 0014.1 LAW O0-018-O0. DW(; DATE SHEET FB PG CHECKED BY DWG, NO. 10/01 1 OF1 DJH IR-L-14g ~