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Parcel 155COLLIER COUNTY TRANSPORTATION DIVISION DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT RIGHT-OF-WAY ACQUISITION OFFICE MEMORANDUM DATE: TO: FROM: March 2-q, 2004 Sue Filson, Executive Manager - BCC File t.~ Lorraine Lantz, Right-of-Way Property Acquisition Specialis Phone number: 239-213-5843 Vanderbilt Beach Road (Parcel #155 - Folio Number 41829400002) Attached please find the original Purchase Agreement for Vanderbilt Beach Road - Project 63051 for execution by Commissioner, Donna Fiala, 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 BCC and forward to the Board Minutes and Records for attestation by the Clerk. Thank you! PROJECT: PARCEL No: FOLIO No: Vanderbilt Beach Road, 63051 155 41829400002 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this '~ day of March , 2004 , by and between TYKIE THEOFILOS AND CHRYSOULA T. THEOFILOS, husband and wife (hereinafter collectively referred to as "Owner"), whose address is 652 Thorn Dr. NE, Warren, OH 44484, 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: 1. Owner shall convey the Property to Purchaser for the sum of $37,324.00, 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 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 $1,558.92 payable to Gaylord, Merlin, Ludovici, Diaz & Bain; Professional Services in the amount of $100.00 payable to Missimer and Associates, Inc.; and for real estate appraisal services in the amount of $1,500.00 payable to Calhoun, Collister & Parham, Inc. Owner hereby authorizes Purchaser to make payment in the amount of $40,482.92 to American Acquisition Title, Inc., 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 threat of condemnation. 2. 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. 3. 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. Purchase Agreement Purchase Agreement Page 2 4. 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. 5. 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. 6. 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. 7. 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. 8. 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.) 9. 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 ,20 ..... Property acquisition approved by BCC pursuant to Resolution No. 2002-463, dated November 5, 2002. AS TO PURCHASER: DATED: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchase Agreement Page 3 AS TO OWNER: OATE~T~'~ t/~'~ ~O~J i",f.~'~M:'z..q.Z~ L,,'c'~/~-'-'''-- ~-'v~i~ T~FILOS~ ~ess (Signature) ~"~ ~"~'~ "'~ --' - _ ~ame (Pdnt or Type)~ ~ . f ~ ~ Witness ~ignature) ~1 Name (Print or Type) Wit~eSs (Signature) .~, Witness (Signature) ~ame ~Pfint or Type) Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney Agenda Date I I - ~,' 0 2.. Date epub/Clerk EXHIBIT Page._.1._ of_ VANDERBILT BEACH ROAD EXISTING 170' ROW S89'54'05"E 420.04' PARCEL 155 Z TRACT 95 N 0 40' 80' 120' SCALE: 1"= 80' FEE SIMPLE INTEREST Notes: 1. This is not a survey. 2. Basis of bearing is the South line of Vanderbilt Beoch Road being S 89'54'05" E, Florida State Plane Coordinates NAD 85/g0, East Zone. 5:5. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. DESCRIPTION: The Northerly 45.00 feet of Tract 95, Golden Gate Estates, Unit 95, as recorded in Plat Book 9, Page 45, of the Public Records of Collier County, Florida. Containing 18,902.05 square feet or 0.454 acres more or less. REVISED PARCEL 04/24/03 .RO~C~ .o.; 6305/ J P^.c~ .o.; 155 WilspnMiller ~l~B~/l~m II~ la3 · ~,'~NII~¢I~-/~ ~*...~4~:~ .~ ~ '~ ==-:~;,~--~ ~p~ ~9, 2003 - 0~5~i4B MLAMUREIX~NSURNO4~4NVAN~YNIL37~-~'dwg CUENT= D^3E: 5. ROW represents Right of Way. 6. Portion of Section 4, Township 49 South, Range 26 East. UTWELL, P.$.M, (FOR THE,FIRM) O. 59.34' '. (DATE SIGNED) N~T V~LID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CERTIFICATE OF AUTHORIZATION LB #43 ~KErCH AND DESCRIPTION NO,: SHEET NUMBER= FILE ~ OF XX 1L".372