Part of 101
PROJECT: 60006
PARCEL No.: Part of 101
FOLIO NO.: A Portion of 20765322702
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this :ì ~ day of -=rù~ ' 2004, by and between
THE HALSTATT PARTNERSHIP, a Florida Ge ral Partnership, whose address IS
2600 Golden Gate Parkway, Naples, FL 34105-3227 ,(hereinafter referred to as
"Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its
successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples,
Florida 34112 (hereinafter referred to as "Purchaser").
WHEREAS, Purchaser requires a fee estate in lands described in Exhibit "A" (Part
of Parcel 101) which is attached and made a part of this Agreement, containing .1069
acres and lying north of the northerly line of the south half of Section 26, Township 49
Range 25, (hereinafter referred to as the "Property").
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. The above recitals are true and correct and are made a part of this Agreement.
2. Owner shall convey the Property to Purchaser for the sum of $72,176.74
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. The Owner hereby authorizes Purchaser to make
payment in the amount of $72,176.74 to Gulf View Title, LLC, 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.
3. 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.
4. 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.
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Easement Agreement
Page 2
5. 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.
6. 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.
7. Owner represents that, to the best of its knowledge, 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.
8. 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 of the Owner.
9. 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.
IN WITNESS MOF. the parties hereto have executed this Agreement on
this .J fal day of .".---- , 2004.
Date Acquisition Approved by BCC: May 25,2004.
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Easement Agreement
AS TO PURCHASER:
DATED: 1-- d-i..... d---NJ4--
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AS TO OWNER:
DATED: 1 J 1& /iJt
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Signed, sealed and
delivered in the presence of:
p~nted Na,e J ~
¡¡j {X\£ ltj(j ¡ ( f1 D04lv
Signature
GAIL W. ANDERSON
Printed Name
Signed, sealed and
delivered in the presence of:
k'~
Signature r-tf
SUSAN J. NB.SON
Printed Name
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S ature
.:>AI\IORA P. THOMAS
Printed Name
Page 3
BOARD OF COUNTY COMMISSIONERS
COLLI Eì/lUNTY, FLOR'pA _
~$4
BY:
Donna Fiala, Chairman
THE HALSTATT PARTNERSHIP, a Florida
general ners ip /J
THE HALSTATT PARTNERSHIP, a Florida
general partnership
By: JULIET A. SPROUL, and JENNIFER S.
SULLIVAN as TRUSTEES for the JULIET C.
SPROUL TRUST, under the Will of Barron Collier,
Jr., deceased, and as confirmed by Change of
Trustees dated January 1, 2002, and filed March 5,
2002, in Official Records Book 2992, Page 2016 of
the Public Records of Collier County, Florida, as a
Partner.
By:
JULIE 'A. SPROUL, as Trustee or Juliet C.
Sproul Testamentary Trust, a General Partner
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Easement Agreement
Signed, sealed and
delivered in the presence of:
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Signature -d,
SUSAN J. NELSON
Printed Name
~~._.~~~
SANDRA P. THOMAS
Printed Name
Approved as to form and
leg I sufficiency:
Ellen T. Chadwell
Assistant County Attorney
Page 4
THE HALSTATT PARTNERSHIP, a Florida
general partnership
By: JULIET A. SPROUL, and JENNIFER S.
SULLIVAN as TRUSTEES for the JULIET C.
SPROUL TRUST, under the Will of Barron Collier,
Jr., deceased, and as confirmed by Change of
Trustees dated January 1, 2002, and filed March 5,
2002, in Official Records Book 2992, Page 2016 of
the Public Records of Collier County, Florida, as a
Partner.
S. SLlQQM_ct
JE NI ER S. ULLlVAN, as trustee, as
Trus e for Juliet C. Sproul Testamentary
Trust, a General Partner
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INTEREST
EAST
SEC.
LYNTON, HYNDRY ok SPROUL TRUSTEES
OR 1332/1004
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NAPLES GOlf COURSE HOtDlNGS, LTD.
STRAP NO, 14BOOO 213,0004A26
OR 2J51/1404-1411
_ ~ PROPOSED ADDITIONAL RIGHT-OF-WAY
LINE TABLE
LINE I BEARING
L1 SOO'28'42"W
L2 N89'31'18"W
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~ 89'33'OS"W
L5 NOO'26'52"W
L6 S89'33'08"W
~ NOO'25';12"W
LB Se9' J:r08"W
-¡:g---' N76' 4B'28 "w
L 1 0 589' 33'OS"W
L11 N8J'11'21"E
L12 N85'3J'OJ"E
--¡:TJ- NS'26'2B-E
-~N01'42'22"W
L 15N-ª8'26~7"E
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--[17 N05'4"O"" 102.86
L18 513'04'13"E -~-
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C3
C4
C5
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C~RVE.. TAB~f.. __ _
LENGTH RADIUS '~.t~__ _,~ CO_
~! 67c22_ 89,'04'23"_ S.15'OO'54"~ 93.9!!...
--·-11:7~.OO 17"-14'.33" N81'34'J6"W 11.72
'5~..i2. 11OßO -~Õ~ tiN~JI'~ 1~7_55.
39753 5659.33 4'01'29" N03'II'.17"W ,j9745
221 39 567958 2'14'0</ S04'3š'ï8"Ë 221'37
296 44 _ -. 5~~i~~ ~'J:OOJiº-'~=- ~å 1·0~'} B"E 296ÆO
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BEARINGS ARE BASED ON "'O~TH AME~ CAN DATUM
(N.A.D) 1988-1990 ADJUSfM[NT STATE PLANt:
COORDINA.TE" SYSTEM - (CRIO) fOR rWRIOA EAS!
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SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
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SCALE r'~3DO' SIGNING DATE 1_ /? -.:.."2L
COMMISSIONEíÔ ~O;l~~~b~ ~~:;II~~t~r~~:;E P~~~i~~~o~~:~~:~Y~'~'<:~;; 6M~t;1~!l~;'SE¡¡ SI/J III
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GOLDEN GATE PAHKWAY IMPROVEMENTS
SKETCH & DESCHlPTJON
FOR: COI UER COUNTY GOVE~NMfNT BOARD 01-' COUNTY
PAHCEL 101
COLLIER COUNTY,
JOB NUMBER
01-0015,18
FEE SIMPlE
INTEREST
l?JI~'M
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30~O NOR'I' I 1-¡(IItSESI- OE DIi.IVE, SUITE- 210
NAPLES, FL<.HlID^ J4104
1'h, (941) 649-1509 FHX (1)41) ti I~- JIJ56
LB Nu.: 6952
SIIITI
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OI..OOlóSI(101
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EXHIBIT A
LEGAL DESCI11PTION FOR PARCEL 101 (PART)
BEII~G PART OF SECTION 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE
PARTICULARLY DESCRIBED AS' FOLLOWS:
ALL THAT PART OF THE FOLLOWING DESCRIBED PROPERTY LYING NORTH OF THE NOTHERLY
LINE OF THE SOUTH HALF OF SECTION 26 CONTAINING 0.1069 ACRES.
'-
COMMENCE AT THE EAST 1/4 CORNEH OF SAID SECTION 26, ¡HENCE S,DO'25'42"W" ALONG THE EAST LINE OF Till:
SOUTHEAST 1/4 OF SAID SECTION 26, A DISTANCE OF 2fJ1.79 FEET;
THENCE LEAVING THE SAID EAST LINE, N89'31'18"W., A DISTANCI: OF 6800 FEET, TO THE POINT OF BEGINNII~G;
THENCE ALONG THE WESTERLY RIGHT-OF,..WAY OF AII1POIH..PULLlNG ROAD (COUNTY ROAD 31), AS RFCORDED IN
OFFICIAL RECORDS BOOK 2064, PAGE 1161 OF THE PUI3UC RECORDS OF COLLIER COUNTY, FLORIDA, TilE FOLLOWING
TWO (2) DESCRIBED COURSES;
(1) THENCE SOO'28'42"W" II DISTANCE 66.18 FEET;
(2) THENCE SOUTHWESTERI_Y 104,16 FEU ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT HAVING
A RADIUS OF 67,00 FEET THROUGH A CENTRAL ANGLE OF 89'04'23" AND BElI~G SUBrENDED BY A CHORD WHICH
BEARS S,4S'OO'54"W" A DISTANCE OF 93,98 FEET, TO A pOII~r ON THE NORllIU¡LY RIGHT-,OF..WAY OF' GOLDEN GÞ,TE
PARKWAY (COUNTY rWAD 88(;) AS RECORDED IN OFFICIAL RECORDS 13001< 2064, PAGE 1157 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG TilE SAiD NORTHERLY RIGHT-OF-WAY THE fOLLOWING FIVE (5) DESCRIBED COURSES;
(1) THENCE 69,00 FEET NOliTllERLY AND PARALLEL WITH CENTU<LlNE or SAID GOLDEN GAlE f'ARKWAY, S,ß9'33'DB"W,
A DISTANCE OF 263,54 rEET;
(2) THENCE N,OO'25'52"W" A DISTANCE OF 3.00 1'[[1;
(3) THENCE 72.00 FEET NORTHERLY AND PARALLEL WITH CFI'HERLlNE or SAID GOLDEN GME PARKWAY, S.89'33'OB"W,
A DISTANCE OF 400~00 FEET;
(4) THENCE N.DO'26'52"W., A DISTAI>JCE OF 2,00 FUT;
(5) ,HENCE 74,00 FEET flORTHERLY AND PARALLEL WITH CENTERLINE OF SAID GOlDEN GATE PARKWAY, S89'33'08''W,
A DISTANCE OF 1451.53 FEET, TO A POINT ON THE NORTI-IERl,Y f,IGHT-OF-WAY OF SAID GOWEN GATE PARKWAY, AS
RECORDED IN OFFICIAL RECORDS BOOK 2790, PAGE I'll 7 OF TilE PUBLIC RECORDS OF COLUE:R COUNTY, F'LO!~IOA;
THENCE ALONG THE SAID NORTHERLY RIGHT -OF -WAY, OF SAID OFFICIAL RECORDS BOOK 7790, PAGE 11 17, THE
FOLLOWING THREE (3) OESCHIBED COURSES;
(1) THENCE N,76'48'28"W., A DISTANCE OF 55,59 FEET;
(2) THENCE 87.11 FEET NOf?THERlY AND PARALLEL Willi CENTERLINE OF SAID GOLDEN GATE PARI<WAY, S,89'33'08"W.,
A DISTANCE OF 246.7B FEET;
(..I) II·IENCE WESTERLY Aim NOfITHWESTERLY 11.77 FEn ALONG TilE ARC OF A TANGENTIAl, CI11CULAR curWE TO TIIIè
RIGI-I1 NORTH HAVING A RADIUS OF 38.00 FEET THROUGH A CENTRAL ANGIE OF 11'44'33" AND BEING SUBTENDEO BY
A CHORD WHICH BEARS fJ,81'34'35''W, A DISTANCE OF 1172 FEET;
THENCE LEAVING THE SAID NORTHERLY RIGHl-OF-WAY, AS r1E'CORDED IN SAID OFFICI.AL R[CORDS BOOK 2790, PAGE
1717, AND ALONG THE SOUTHU1L Y LINE OF LAND AS RECOlmED IN OFFICIAL RECORDS BOOI< 2361, PAGES 1404
THROUGH 1411 OF THE PUBLIC RECORDS OF COLLIER COUI~IY, FLORIDA, THE FOI,LOWING WREE (3) DESCRIBED
COURSES;
(1) THENCE N,B3'11'21"E., A DISTANCE or 797.91 fEET;
(2) THENCE N,85' 33'D3"L, A DISTANCE OF 394.85 FEEl;
(3) THENCE N,B8'26'28"E., A DISTANCE OF 66056 FEET;
TIIENCE N01'42'22"W" A DISTANCE OF 10,02 FEEf. TO A pOlm ON THE SOUTHERLY LINE OF A 110 FOOT WIDE
FLORIDA f'OWER AND LIGHT EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 2845, PAGE 2972 OF HIE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE SOUTHERLY LINE OF THE SAID 110 FOOT WIDE FLORIDA POWER AND I.IGHT EASEMENT,
N.88'2¡¡'27"l, A DISTANCE OF 379,91 FEET;
THENCE N83'03'1B"E.. A DISTANCE OF 170.07 FEET;
THENCE NORTHEASTERLY 151.72 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT IIAVING A
RADIUS OF 110,00 FEET lHROUGH A CENTRAL ANGLE OF 8~'14'10" AI~D BEING SUBTENDf[) BY A CHORD WHICH
BEARS N40' 56'13"E" A DISTANCE OF 147,55 FEET, TO A POINT OF COMPOUND CURVATURE;
THENCE 70.25 WESTERLY AND PARALLEL WITH THE CENIERLlNE OF SAID AIRPORT-PULLING ROAD (COUNTY ROAD 31),
NORTHERLY J97.5:\. FEET ALONG THE ARC OF A TANGEI~TIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF
5659,33 FEET THf,OUGH A CENTRAL ANGLE OF 04·01 '29" AND BEING SU8TEI~DED BY A CIIOf'D WHICH BEARS
N.OJ'11'37"W., A DISTANCE OF 397.45 FEET;
THENCE N05'42'02"E., A DISTANCE OF 102.86 FEET, TO A POLNT ON THE WESTERLY RIGl-ir--OF-WAY OF SAID
AIRPORT-PULLING ROAD (COUNTY ROAD 31), AS 11ECOl1DED IN OFFICIAL RECORDS BOOK 953, PAGE 828 OF TilE
PUBLIC RECOl10S OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE WESTERLY RIGHT-OF..·WAY OF AIRPORT-PULLING ROAD OF SAID úFFICIAL RECORDS 8001< 9~j..l,
PAGE 828, S.13'04'13"E" A DISTANCE OF 0,64 FEEl, TO A POINT ON TH WESTERLY RIGH1--OF-WAY OF
AIRPORT" PULLING ROAD AS RECOHDED IN OFFICIAL RECORDS BOOK 145, PAGE 95 OF THE PUBLIC RECORDS Dr
COI.LlER COUNTY, FLORIDA;
THEI~CE ALONG THE SAID W£STŒLY RIGHT,-OF-,WAY OF AIRPORT-PULLING ROAO (COUNTY ROAD 31) AS RECOHDEO IN
SAID OFFICIAL RECORDS BOOK 145, PAGE 95 THE FOl.lOWING TWO (2) (DESCf<IBED COURSES);
(1) ¡HENCE 50.00 FEET WESTEHlY AND PARALLEL WITH THE CENTERLINE OF SAID AIRPOR1-PUI.LING ROAD (COUNTY
ROAD 31), S.05'45'18"E, A 'DISTAIKE OF 45,94 FEn;
(2) TIIENCE SOUTHERLY 221,39 FEET ALONG THE þ,RC OF A TANGENTIAL CIRCULAR CURVE TO TilE RIGHl HAVING A
RADIUS or 5679.58 FEET THROUGH A CEN fRAL ANGLE OF 02'14'00" AND BEING SUBTENDFD BY A CHOHD WHICH
BEAHS S04"38'1B"E., A DISTANCE OF 221,37 FEET, TO A POINI ON TilE WESTEf¡LY RIGIIT-OF..,WAY OF
AIRPORT-PULliNG I~OAD (COUNTY ROAD 31) AS RECORDED IN SAID OFFICIAL RECORDS 8001< 2064, PAGE 1161;
THENCE ALONG THE SAID WESTER'cY RIGHT-OF-WAY OF AIRPORI-- PULLING ROAD (COUN1Y ROAD 31) AS RECORDED IN
SAID OFFICIAL RECORDS BOOK 2064, PAGE 1161, TilE FOLLüWI~IG THREE (3) DESCRIBED COURSES;
(1) THENCE S,02'lO'12"W, A DISTANCE OF 99,48 FEET;
(2) THENCE S,8T2B'42"W, A DISTA)~CE or 9,00 FEET;
(3) THFNCF ¡i8.00 FEET WESTERLY AND PARALLEL WITH THE CEfH£f<LII"E OF SAID AIRPorn -PULLING ROAD (COUNTY
ROAD 31 ), SOUTHERLY 295.4 4 FEET ALONG HIE ARC OF A NON-TANGENTIAL CIRCULAH CURVE TO THE 111GI-IT HAVING
A RADIUS 5661.50 THROUGH A CENTRAL ANGLE OF 03'00'00" AND BEING SUBrENOED BY A CHORD WHICH BEAf¡S
S,01'OI'18"£, A DISTANCE OF 296.40 FEET, TO THE POINT OF BEGINNING;
SKETCH & DESCRIP IJON ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNTY GOVERNMENT BDARO OF COUNTY COMMISSIONERS
EXHIBIT ..LL.
PegII-,- of.dL-
GOLDEN GATE PARI(WAY TMP¡WVEMENTS
SKETCH & DESCHIP'/'ION OF: PERPETUAL, NON-- EXCLU~JVE IWAD
HIGHT-OF-WA Y, DHAINAGB; AND UTILITY EASEMENT
PARCEL 10\
COLLIER CDUN'/'Y, FLOHID^
JOB NUMBEr< REVISION I SECTIOtoi ¡TOWNSHIP I ¡,ANGE SC.'LE I
01-001518 2 26. 49 25 NONe
INDEX NO.
~n[~'"'
.ll n .1"1.
]050 NORTIJ J IORSfiSIIOE DJUVlj, sunH 270
NA!'LHS, fLORJUA 34101\
Pll (!J'1I)I.'WJ- 5U9 [ill:>! (94IJ(i49-71J~{¡
LII No.: (i952
DATE ¡DRAWN BY I FILE NAME I SHEET
5--11-03 REC Ot-OOI5S~101 :¿ (JI' :¿
---