Parcel 176COLLIER COUNTY TRANSPORTATION DIVISION
DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT
RIGHT-OF-WAY ACQUISITION OFFICE
MEMORANDUM
DATE: January gg, 2004
TO: Sue Filson, Executive Manager - BCC
FROM:
RE:
Paul Young, Right-of-Way Property Acquisition Specialist
Phone number: 239-213-5884
Vanderbilt Beach Road (Parcel # 176, Folio # 3666532005)
Attached please find the original Purchase Agreement for Vanderbilt Beach Road -
Parcel 176 - Project 63051 for execution by the Chairman.
This property is part of the acquisition approved by the BCC pursuant to a Gift and
Purchase Resolution No. 2002-463, dated November 5, 2002 the Agenda Item Number was 10-
B. The Account Number is 313 163673
Please sign this Agreement on behalf of the Purchaser (BCC) and forward to the Board
Minutes and Records for attestation by the Clerk.
Thank you !
PROJECT: 63051
PARCEL No: 176
FOLIO No: 36665320005
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreemer~')
made and entered into this ,~ day of/.)¢'L"¢.,~dz- -
2003, by and bet~(~en
KEVlN L. STEWART and SHELAGH M. STEWART, husband and wife
referred to as "Owner"), whose address is 4161 7th Ave. NW, Naples, FL 34119-1521,
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 for the sum of $38,700.00 payable
by County 'V'v'arrant (saicl transaction hereinafter referred to as ti~e "Closing'). :Saict
payment shall be full compensation for the Property conveyed, including all
landscaping, trees, shrubs, improvements, and fixtures located thereon, and for
any and all damages resulting to Owner's remaining lands, and for any and all
other damages in connection with conveyance of said Property to Purchaser, as
provided by law. Property Owner shall also be entitled to statutory attorney fees in
the amount of $1,914.00 payable to Policastro & LeRoux, PA Trust Account,
Arborist costs in the amount of $100.00 payable to Mr. Green Thumb
Horticulturist, and for real estate appraisal services in the amount of $1,500.00
payable to Calhoun, Collister & Parham, Inc. Payment to Calhoun, Collister &
Parham shall be promptly made after receipt of the Collier County Transportation
Right-of-Way Acquisition Department of a copy of the appraiser's file pertaining to
parcel 176. Owner hereby authorizes Purchaser to make payment in the amount
of $42,214.00 to American Government Services, as settlement agent for the
disbursement of proceeds incident to said sale and conveyance of the Property. It
is mutually understood that the Property is being acquired under the threat of
condemnation.
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 ti~at 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
Purchase Agreement
Page 2
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.
To the best of Owner's knowledge, 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.
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.
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.
Purchaser shall pay for all recording fees for the Warranty Deed, and for any and
all costs and/or fees associated with securing and recording any Partial
Release(s) of any mortgage(s) recorded against the Property, and for the fees to
record any curative instruments required to clear title, except for any and all costs
and expenses required to secure and record releases and/or satisfactions from
judgment creditors, which fees, costs and/or expenses shall be the responsibility
............. ; ...... ~' ....... ,z ........................ r--,~ ................ .~ ......
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.)
10. 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 ,d~_n,/J_~_r~ ,20~ .
Property acquisition approved by BCC pursuant to Resolution No.2002-463, dated
November 5, 2002.
AS TO PURCHASER:
DATED:
ATTEST:
DWI _,G,, H_~,~ i~,IFj~ C K, Clerk
AS TO'OW.~R: .'"
N~me (Print or Type) , ,,',
V}/i~ness (Si~?~u roi'
Witness (Signature)
me (Print or lype)
W~e~s (~i~n~re)/
Name (Print or Type)
BOARD OF COUNTY COMMISSIONERS
~ STEWART
Approved as to form and
legal sufficiency:
He~d~ Ashton
Assistant County Attorney
EAST 160'
OF LOT BB
WEST 165'
OF LOT 89
GOLDEN GATE ESTATES
UNIT 2,
PLAT BOOK 4, PAGE 75
LOT 104
IREXISTINO
SOUTH
OW LINE
>
PARCEL
,-.---- 176
'~'"--- P. O.B.
~ z
0 25' 50' 75'
SCALE; i"= 50'
Notes:
1. This is not a survey.
2. Bearings ore based on State Plane
Coordinates, Florida East Zone.
,3. Subject to easements, reservations
and restrictions of record.
4. Easements shown hereon are per plat,
unless otherwise noted.
5. ROW represents Right of Way.
6. P.O.B. represents Point of Beginning.
Description:
A PORTION OF THE EAST 165' OF LOT 89, GOLDEN
GATE ESTATES UNIT 2, PLAT BOOK 4. PAGE 75 OF THE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, AND
BRING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT;
THENCE ALONG THE EAST LINE OF SAIO LOT SOUTH
00'29'16' EAST 125.6.3 FEET;
THENCE LEAVING SAID EAST LINE WESTERLY 165.59
FEET ALONG THE ARC OF A NON-TANGENTIAL C1RCULAR
CURVE CONCAV~ TO THE NORTH HAV1NG A RADIUS OF
7,744.44 FEET THROUGH A CENTRAL ANGLE OF
D1'13'30', AND BEING SUBTENDED BY A CHORD WHICH
BEARS NORTH 85'.t8'44" WEST, 165.59 FEET TO THE
WEST LINE OF THE EAST 165' OF' SAID LOT;
THENCE ALONG SAID WEST LINE NORTH 00'2g'16" WEST
111.73 FEET;
THENCE ALONG THE NORTH LINE OF SAID LOT SOUTH
8g'45'56' EAST 165.01 FEET TO THE POINT OF
BEGINNING,
CONTAINING 0.45 ACRES;, MORE OR LESS.
CURVE TABLE
NO. RADIUS DE~tTA ARC TANGENT OHORD ~40RD gEARING
1 7744,44' 011330' 16.5.59' 82.80' 165.5g' N,8§'3844'W.
DAVID J. H~TT, P.l~d. (FOR THE FIRM)
FLA. LIC. NO. 58.14
/~ ~/~'&)~ (DATE SIGNED)
NOT VALID ~T THE SlGNA~RE ~D
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SUR~YOR AND MAPPER
FOLIO NO. ~,~zo~