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Parcel 115A,118C,129C,136MEMORANDUM DATE: TO: FROM: RE: April 28, 2003 Ellie Hoffman, Senior Clerk Clerk of Courts Minutes & Records Margaret Kreynus, Property Acquisition Specialist TECM - Right-of-Way, South Horseshoe Drive, Suite 214 Immokalee Road Warranty Deed and Purchase Agreement Brooks Enterprises, Inc. - Parcel Nos. 115A, 118C, 129C and 136 With regard to the above-referenced project, please find attached one (1) original recorded Warranty Deed and one (1) 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 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. PROJECT: PARCELS: Immokalee Road Phase 2 - 60018 115A, 118C, 129C and 136 3162804 OR: 3262 PG: 3219 RECORDED in OF~ICIAt, RECORDS of COLLIER COUNTY, ~L 04/10/2003 at 02:liP[t DWIGHT R. BROCK, CLERK CON~ 11200.00 COPIES 6,00 Rein: T~¢N/RIGH? O~ WAY ACOUISITION$ INT~RO~I¢~-$OU?H HORS~HOI WARRANTY DEED THIS WARRANTY DEED is made this c~)(:~ day of 2003, by BROOKS ENTERPRISES, INC., a dissolved Florida corporation, by and through its sole surviving Director acting as the Board of Trustees of the corporation pursuant to Section 607.301, F.S. (1983) (hereinafter referred to as "Grantor"), whose address is c/o Richard W. Brooks, 16406 Cape Horn Blvd., Punta Gorda, FL 33955, 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. RECEIVED APR 1 6 20O3 Tranaporka~on THIS CONVEYANCE ACCEPTED BY THE m:)ARD OF COUNTY ~ERS, COLLIER COUNTY, FLt~ PURSUANT TO THE PROVISIONS OF RESOLUTION NO._2~3(Dt¢- ~-z~_ OR: 3262 PG: 3220 WITNESSES: (Signature) Patri~ia I.. Ryks (Print Full Name) (Signature) (Print Full Name) Brooks Enterprises, Inc. a dissolved Florida corporation Sole Surviving Director acting as the Board of Trustees of the Corporation Richard W. Brooks 16406 Cape Horn Blvd Punta Gorda, FL 33955 STATE COUNTY OF The foregoing Warranty Deed was acknowledged before me this ~day of ~-¢-t~ ,2003, by Richard W. Brooks, sole surviving Director acting as the Boa~rd of Trustees of BROOKS ENTERPRISES, INC. a dissolved Florida,,cocporation, who is personally known to me or who has produced identification. (affix notarial seal) (Signature of Notary PU'-b~-c) ~ Patricia L, Ryks (Print Name of Notary Public) Serial/Commission # (if any):~;~3~.~qO My Commission Expires: Prepared by~ tleidi F. Ashton, [$q~t~ :i/fice of the County Attorf~ }301 East Tamiami Trail ;;iaple$, Florida 34~17 (941) 774-840~ FEE SIMPLE INTEREST PARCEL #115A EXHIBIT A Page,, / of-'-~ N , I ,-lOO' R/W IMMOKALI S.R. NORTH LINE O_F SECTI.._..ON 30 iE ROAD 846 DESCRIPTION: The Northerly 178.84 feet, of the West 10.00 feet, of the Northwest 1/4, less the North 100.00 feet prevfously dedicated for State Highway #846, Section 30, Township 48 South, Ronge 27 East, Collier County, Florida. Contoining 0.018 acres more or less. REVISED 2/12/02 0 5O lO0 150 680' ---- 10' ---- 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. FLA.DAVID-',j: LIC. NoT V^L,D S,G AT E AND ~E ORIGINAL RAISED SEAL OF ~ FLORIDA LICENSED SUR~YO~'L:~D ;-MAPPER SKETCH AND DESCRIPTION WILKISON ASSOCIATES INC. ENGINEERS, SUEV~ORS AND P~NNERS 3506 EXCHANGE AVE. NAPLES, F~. 34104 (941) 643-2404 F~ NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC/SUB AS NOTED 30/48/27 DATE SHEET 02/02 1 OF1 W.O. NO. DRAWN BY FILE NAME 0014.1 EAW 115A.DWG FB PG CHECKED' BY DWG. NO. DdH IR-L-lISA ~oo' R/W NORTH ,LINE OF SECTIO....~N 30__ IMMOKALEE ROAD ---- -- S.R. 846 DESCRIPTION: The Northerly 188.78 feet, of the Eost 10.00 feet, of the Northwest 1/4, of the Northwest 1/4, less the North 100.00 feet previously dedicoted for Store Highwoy #846, Section .30, Township 48 South, Ronge 27 Eost, Collier County, Florido. Contoining 0.021 ocres more or less, OR: 3262 PG: 3222 EXHIBIT N 0 50 100 150 NOT TO SCALE: Notes: 1. This is not o survey. 2. Bosis of beoring is N/A. 3. Subject to eosements, reservotions ond restrictions of record. DAVID J.'I~ATT,~.M. (FOR THE FIRM) FLA. LIC. NO. NOT VALID W~T~OUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND. MAPPER WilspnMilleF ' *- Sep 27, 2002 - 1.5:48:40 MLAMUREIZ:\surv'~,9\lmmokalee Road\! 18C.dw CUENT; TITLE: COL.L.IER COUNTY D~P~E~ OI= Tt~AN~POPITA TION BKI=--rCH AND DESCRIPTION DATE: I PROJECT NO.: 0~/ _,~_2 SHEETNUMB[R: I FILE NO.: I ~ or ~ /~,-L-fiSC OR: 3262 PG: 3223 ~oo' R/W _~'-"- NORTH LINE OF SE..._.__CTION~ 3~0 IMMOKALEE ROAD S.R. 846 EXHIBIT N 0 50 100 150 o', NOT TO SCALE: DESCRIPTION: The Southerly 78.00 feet Northerly 178.00 feet, of the Westerly 10.00 feet of the, of the Northeast 1/4, of the Northeast 1/4, Section 50, Township 48 South, Range 27 East, Collier County, Florida. AND: The Southerly 88.20 feet of the Northerly 188.20 feet, of the Easterly 10.00 feet, of the Northwest 1/4, of the Northeast 1/4, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.038 acres more or less, WilsOnMiiler Notes: 1. This is not o survey. 2, Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. (FOR THE FIRM) FLA. LIC. I~0. 5~ NOT VALID WITH. THE SIGNATURE AND THE ORIGINAL'RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER RE SED S/ii 02 CLIENT'. CH2MHILL TITLE: SKETCH AND DESCRIPTION OF' ,4 PORTION OF SECTION ,.TO, TOWNSHIP 48 SOUl7-1, t~4NCE 27 EAST, COLLIER COUNTY, FLORIDA. OAT[: J PROJECT NO.: NUMB[R: riLE NO.; 07/02 04014-001-000 I or I FEE SIMPLE INTEREST PARCEL # 13 6 EXHIBIT vIO0' NORTH LINE OF SECTION 30 IMMOKALEE -- S.R. ~ -T ROAD 46 N 0 50 100 150 o NOT TO SCALE: Notes: DESCRIPTION: The Northerly~177.73 feet, of the East 10.00 feet, of the Northeast 1/4, less the North 100.00 feet previously dedicated for State Highway #846, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.018 acres more or less. 1. This is not a survey. 2. Basis of bearing is N/A. SCALE AS NOTED DATE 02/02 5. Subject to easements, reservations and restrictions of record NOT VALID WITHOUT THI~-'~IGN'AT~E AND THE ORIGINAL RAIsED~:'.~AL::'Oi~. A FLORIDA LICENSED SURVEYOI~'.A~D' 'MAppER SKETCH AND DESCRIPTION WILKISON &: ASSOCIATES INC, ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA, 34104 (9¢1) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB 30/48/27 SHEET W.,O. NO. 0014.1 1 OF1 FB PG DRAWN BY LAW CHECKED BY DJH j FILE NAME 136.DWG DWG. NO. IR-L-136 PROJECT: PARCELS: Immokalee Road Phase 2 - 60018 115A, 118C, 129C and 136 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this,______, day of {'~/'J'l , 2003, by and between BROOKS ENTERPRISES, INC., a dissolved Florida corporation, by and through its sole surviving Director acting as the Board of Trustees of the corporation pursuant to Section 607.301, F.S. (1983) (hereinafter referred to as "Owner"), whose address is c/o Richard W. Brooks, 16406 Cape Horn Blvd., Punta Gorda, FL 33955 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 via Warranty Deed for the sum of $11,200.00 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. Pumhase Agreement Page 2 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. o 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. 10. 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.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. Purchase Agreement Page 3 IN WITNE~S~ WHEREOF, the parties hereto have executed this Agreement on this day of Ir)'l~..~j~ ,2003. % Property acquisition approved by BCC pursuant to Resolution No. 2001-450, November 27, 2001. AS TO PURCHASER: DATED: ATT.~,,~,~ D __V~,~.E:"~~Jerk ',, ,,.. (Signature) Patdcia L. Ryks (Print Full Name) (Signature) BOARD OF COUNTY COMMISSIONERS BY: Tom H-~nning, Cli~airman Brooks Enterprises, Inc. a dissolved Florida corporation Sole Surviving Director acting as the Board of Trustees of the Corporation Richard W. Brooks 16406 Cape Horn Blvd Punta Gorda, FL 33955 (Print Full Name) Approved as to form and legal~b~lsufficiency':~ ~ Her~i F. As~tor~- Assistant County Attorney FEE S~LE ~TE~ST P~CEL #115A EXHIBIT A Page [ of-~ ice' R/W IMMOKAL[ S.R. NORm UNE O__F SECn..__ON 30 ROAD 1~46 DESCRIPTION: 0 50 100 150 680' --'- 10' --,.- NOT TO SCALE: Notes: 1. This ls not a survey. 2. Basis of bearing Is N/A. 3. Subject to easements, reservations and restrictions of record. The Northerly 178.84 feet, of the West 10.00 feet, of the Northwest 1/4, less the North 100.00 feet .previously dedicated for State Highway #846, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.018 acres more or less. REVISED 2/12/02 SCALE AS NOTED DATE 02/02 NOT VALID SiGNATlJI~E AND WITI~ .T THE.' THE ORIGINAL RAISED SEAL OF A' FLORIDA LICENSED SU R VEYO~/':AND J~I,'~P P ER SKETCH AND DESCRIPTION WlLKISON &c ASSOCIATES INC. 1 ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 SEC/SUB 30/48/27 SHEET 1 OF1 W.O. NO. DRAWN BY FILE NAME 0014.1 FB PO EAW CHECKED' BY DJH 115A.D WG DWO, NO. IR-L-115A ,j ~oo' R/W NORTH ,LINE OF SECTION 30 IMMOKALEE ROAD --'- -- S.R. 846 DESCRIPTION: The Northerly 188.78 feet, of the East 10.00 feet, of the Northwest 1/4, of the Northwest 1/4, less the North 100.00 feet previously dedicated for State Highway #846, Section .30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.021 acres more or less. EXHIBIT 0 50 100 150 NOT TO SCALE: Notes: 1. This is not o survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. P.O~EC~ .0.: ~0018 I ,,*CEL .0., 118C WilsPnMille'F" -- Sep 27, 2002 - 15:48:40 MLAblURElZ:\survdwg\lmmokolee Ro,u6\llSC.dw, CL,".T; COLLIP_.R COUNTY DEPAITI'MENT OF= TRANffi'POFITA TION TITLE: DATE: BKE'I'CH AND DE~CRIFrT'ION PROdECT NO.: SHEET NUU~ER: 040/4-00/-000 I or I FILE EXHIBIT ~oo' R/w _~-'- NORTH LINE OF SE__.._CTION 3..___0 IMMOKALEE ROAD -- S.R. 846 N 0 50 100 150 NOT TO SCALE: Notes: DESCRIPTION: The Southerly 78.00 feet Northerly 178.00 feet, of the Westerly 10.00 feet of the, of the Northeast 1/4, of the Northeast 1/4, Section .30, Township 48 South, Range 27 East, Collier County, Florida. AND: The Southerly 88.20 feet of the Northerly 188.20 feet, of the Easterly 10.00 feet, of the Northwest 1/4, of the Northeast 1/4, Section .30, Township 48 South, Ronge 27 East, Collier County, Florida. Containing 0.0.38 acres more or less. 1, This is not o survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. REUSED OR THE FIRM) FLA. LIC. NJ3. 583~7 ' NOT VALID WlTHO~F THE SIGNATURE AND THE ORIGINAL'RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER WilspnMiller ....... , az/a2 o,~o~,~-oo~-ooo t or ~ 'R'L- 129r_' vlOO' R/W NORTH LINE OF SECTION 30: IMMOKALEE ROAD S.R. 4.6 FEE SIMPLE INTEREST PARCEL #136 EXHIBIT N 10' ,(Sro 0 50 100 150' d NOT TO SCALE: Notes: DESCRIPTION: 1. This is not a survey. The Northerly 177.73 feet, of the East 10.00 feet, of the Northeast 1/4, less the North 100.00 feet previously dedicated for State Highway #846, Section 50, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.018 acres more or less. SCALE AS NOTED 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of ... RVEYOR'-AND' BAPPER SKETCH AND DESCRIPTION WILKISON & ASSOCIATES INC. I ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (94-1) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB 30/48/27 DATE SHEET 02/02 1 OF1 W,,O. NO. DRAWN BY 0014.1 RAW FB PG CHECKED BY DJH FILE NAME 136.DWG DWO. NO. IR-L-156