Parcel 148DATE:
MEMORANDUM
March 28, 2003
RECEIVED
H.~ 2 8 2003
~oard of ~'ounty CommiSSioners
TO:
Ms. Sue Filson, Administrative Assistant
FROM:
Margaret J. Kreynus, Property Acquisition Specialist
Immokalee Road Purchase Agreement
Parcel No. 148
John Frank Sudal
Attached is a Purchase Agreement in the amount of $62,830.00 ready for execution by
Chairman Tom Henning. 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, .b096~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 NO:
FOLIO NOS:
Immokalee Road Phase 2 - 60018
148
Portions of 00211720001 & 00212200009
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this "~")..- day of ylq/yfL~, 2003, by and between
JOHN FRANK SUDAL, whose address is 130 Lexington Avenue, Westwood, NJ
07675-2319, (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 "Pumhaser");
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 $62,830.00 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 on or before April 30, 2003;
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this ~ day of ., 2003.
Purchase Agreement Page 3
Property acquisition approved by BCC pursuant to Resolution No. 2001-450,
November 27, 2001.
AS TO PURCHASER:
DATED:
ATT~.'~nat ur;~'~,,
::
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:__~
Tom
AS TO OWNER:
DATED:
Witn e~s'~(;~ e)~
Name:
(Print or Type)
Witness (Signature)
Name:
(Print or Type)
App~ved as to form and
~len T. Chadwell
Assistant County Attorney
r
FEE SIMPLE INTEREST
PARCEL #148
____ oo' R/W
_NORTH-- LiNE OF_SECTION_ _ 29_
---- -- S.R.~6 L6
L4 ~
JOHN FRANK SuOAL ~
O.R. 797, PO. 348 [
p.( LB.
L2
EXHIB, IT_.j_
of...Z._
N
Description:
LINE TABLE
LINE LENGTH BEARING
L1 100.04 NO2'20'oO"W
L2 760.18 N86'O2'O6"E
,, L3 79.21 N02'16'54"W
L4. 495.82 N86'O2'O6"E
L5 79.21 N02'21 '11 "W
L6 4-95.91 N86'O2'O6"E
NOT TO SCALE
A portion of Section 29, Township 48. South,
Range 27 East, Collier County, Florida, being
more particularly described as follows:
Commence at the Northeast Corner of said
Section 29; thence South 02'20'00" East, alang Notes:
the East line of said Section 29, for a distance
of 100.04 feet, to a point on the Southerly 1. This is not a survey.
Right:-of-Way Line of State Road #846
(Immokalee Road); thence South 86'02'06"
West, along said Southerly Right-of-Way line,
for a distance of 760.18 feet, to the Northeast
Corner of the Lands described in the Official
Records Book 797, Page 346, of the Public
Records of Collier County, Florida, and the
POINT OF BEGINNING of the herein described
parcel; thence South 02'16'54" East, along the
Easterly Boundary of the said Land Described,
for a distance of 79.21 feet; thence South
86'02'06" West, for a distance of 495.82 feet,
to a point on the Westerly Boundary of the
Land Described in Official Records Book 797,
Page 346, of the Public Records of Collier
County, Florida; thence North 02'21'11" West,
along the Westerly Boundary of the said Land
Described, for a distance of 79.21 feet, to a
point on the said southerly right-of-way line;
thence North 86'02'06" East, along said
southerly right-of-way line, for a distance of
495.91 feet, to the POINT OF BEGINNING;
Containing 0.901 acres, more or less.
2. Basis of bearing is state plane
coordinates, Florida East Zone.
3. Subject to easements, reservations and
restrictions of record.
4. P.O.C. = Point of Com~An:cem'ent
P.O.B. = Point of BeginD~nA~ ' '~ '
l?b. ·
DASD J.-HYJ(l'l',-ir~f>~l~l. (FOR .TNE FIRM)
FLA. LIC. N~. 5~' . ":: .. '..:..
NOT VA~D ~T~T ~E SIGNA~RE AND
THE ORIGINAL RAISED SEAL OF A FLOR DA
LICENSED SUR~YO~':XND' ~APpER
SKETCH AND DESCRIPTION
WILKISON
ASSOCIATES
NC.~
ENGINEERS, SURV~ORS AND P~NNERS
3506 EXCHANGE AVE. NAPLES, F~. 34104
(941) 6~3-2~04 FAX NO. (9~1) 643-5173
FLORIDA BUSINESS LICENSE NO. LB5770
SCALE
AS NOTED
SEC/SUB,
29/4-8/27
W.O. NO.
0014.1
DRAWN BY
LAW
DATE SHEET FB PG CHECKED BY
1 OF1
DJH
FILE NAME
00-018-O0.DWG
DWG. NO.
IR-L-148 ,,,)
MEMORANDUM
DATE: April 28, 2003
TO: Ellie Hoffman, Senior Clerk
Clerk of Courts Minutes & Records
FROM: .:~\. Margaret Kreynus, Property Acquisition Specialist
~"~ TECM - Right-of-Way, South Horseshoe Drive, Suite 214
RE: Immokalee Road Warranty Deed
John Frank Sudal - Parcel No. 148
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 NO:
FOLIO NOS:
Pret~red b~:
Ellen T. Ch~ohee11, Esquire
3~1 East 'Fam!ami Trail
Naples, Florida 3411~
(~1) 774~
Immokalee Road Phase 2 - 60018
148
Portions of 00211720001 & 00212200009
?)¢I(/RIGII? O) ii/k) ~¢OUI$ITIOll~
INTIIllOFPICII-SOUTH HOItSIISHOB
3162801 OR: 3262 PG: 3214
R~¢ORD~D i~ OF~ICIAA R~CORDS o~ COLLIBR
04/I0/2003 at OZ:41PN DWIGH? B, BROCK, CLERK
CONS
RB¢ FBE 15.00
COPI)8 3,00
WARRANTY DEED
THIS WARRANTY DEED is made this ?..,?-- day of V'V~A'A--c~.
2003, by JOHN FRANK SUDAL, whose address is 130 Lexington Avenue, Westwood',
NJ 07675-2319, (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, nor 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.
~=CEIVED
APR l 6 2003
'l)l~ation
1111S property has been ~ under
Ilveat of condemnation and Is ~mmp{
~ documenmny ~mmp II.
OR: 3262 PG: 3215
WITNESSES~
(Sign~ure)
(Print Full Name)
(Signature)
bo,,, ~-O ~ . '7 Ao,'~ ~j .
(Print Full Name)
STATE OF
COUNTY OF
The foregoing Warranty Deed was acknowledged before me this
.: ~,,~i ~ ~...~../~... ,2003, by JOHN FRANK SUDAL, who:
L,//'is personally known to me
..... ?"'-~ day of
as proof of identity.
(affix notarial seal)
· , ~,"
(Signature of Notary ~ublic)'
(Print Name of Notary Public)
Serial/Commission # (if any)'
My Commission Expires:
CECILIA DELBEATO
NO~"A£ Y i:; UBLIC
MY COMMISSION EXPIRES DEC. 17, 2008
FEE SIMPLE INTEREST
PARCEL # 148
~ EXHIBIT__~
Page.,,.../._ of I
_.~oo' R/W
IMMOKALEE ROAD _ _
L4 ~
O.R. 79, ·
p.( ).B.
L2
N
Description:
LINE TABLE
LINE LENGTH BEARING
LI 100.04 NO2'20'OO"W
L2 760.18 N86'O2'O6"E
L3 79.21 N02'16'54"W
L4 495.82 N86'O2'O6"E
L5 79.21 N 02'21 '11 "W
L6 495.91 N86'O2'O6"E
NOT TO SCALE
A portion of Section 29, Township 48 South,
Range 27 East, Collier County, Florida, being
more particularly described as follows:
Commence at the Northeast Corner of said
Section 29; thence South 02'20'00" East, clang Notes:
the East line of said Section 29, for o distance1
of 100.04 feet, to a point on the Southerly . This fs not a
Right:of-Way Line of State Road #846
(Immokolee Rood); thence South 86'02'06"
West, along said Southerly Right-of-Way line,
for o distance of 760.18 feet, to the Northeast
Corner of the Lands described in the Official
Records Book 797, Page 546, of the Public
Records of Collier County, Florida, and the
POINT OF BEGINNING of the herein described
parcel; thence South 02"16'54" East, along the
Easterly Boundary of the said Land Bescribed,
for a distance of 79.21 feet; thence South
86"02'06" West, for o distance of 495.82 feet,
to a point on the Westerly Boundary of the
Land Described in Official Records Book 797,
Page 346, of the Public Records of Collier
County, Florida; thence North 02"21'11" West,
along the Westerly Boundary of the said Land
Described, for o distonce of 79.21 feet, to a
point on the said southerly right-of-way line;
thence North 86"02'06" Eest, along said
southerly right-of-wey line, for a distonce of
495.91 feet, to the POINT OF BEGINNING;
Containing 0.901 acres, more or less.
survey.
2. Basis of bearing is state plane
coordinates, Florida East Zone.
3. Subject to easements, reservations and
restrfcUons of record.
4. P.O.C. = Point of
P.O.B. = Point of Begimrl{r~!g ~
DAVID J.-HY~TT,-~Y'~I. (FOR .THEFIRM)
FLA. LIC.
NOT VALID WITJC~OT 'THE SiGNA-~RE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SU R VEYOR":;~'ND ' ~ Ap PER
SKETCH AND DESCRIPTION
WILKISON
ASSOCIATES
ENGINEERS, SURVEYORS AND PLANNERS
3506 EXCHANGE AVE. NAPLES. FLA. 34104
(941) e4~-2404 FAX NO. (941) ~4~-517~
FLORIDA BUSINESS LICENSE NO. LB5770
SCALE SEC/SUB, W.O. NO. DRAWN BY FILE NAME
AS NOTED 29/48/27 0014.1 EAW O0-018-O0.DWG
DATE SHEET FB PG CHECKED BY DWG. NO.
lO/Ol
1 OF1
DJH
IR-L-148
J