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Backup Documents 04/13/2010 Item #16B 71687 Teresa L. Polaski From: FarrisDeborah [DeborahFarris @colliergov.net] Sent: Tuesday, April 13, 2010 11:14 AM To: Minutes and Records Cc: hendricks_k; WilliamsSteven Subject: Termination of Purchase Agreement Attachments: Steve Williams termination Itr.pdf Trish, Today, as Agenda Item 16137, the BCC ratified termination of the Purchase Agreement with Mar Investments, LLC. The terminated agreement was previously approved by the BCC on 1/26/2010 as Agenda Item 10(c) and is currently part of your department's online records available at "Boards, Minutes, and Records /BMR Real Property /Collier Blvd /US -41 Overpass #60116 /Parcel 101FEE ". The attached 3 -19 -2010 "termination" letter by Steven T. Williams was included as part of the backup submitted for Agenda Item 1687, and is being forwarded to you per my conversation today with a member of your staff. Thank you for your assistance and please do not hesitate to contact me regarding this matter. Deborah Farris, Florida Registered Paralegal Real Estate Closing Agent Collier County TECKROW Phone: (239) 252 -5861 Fax: (239) 252 -6638 Deborah FarrisCc colliergov.net Office of the County Attorney Jeffrey A Klatzkow , ._. Nbr Its wa oat I.t.0 14810 Griffin Rd Davie. Florida i ;tit ItLi I rinmation Notice Dear Mar how m ums. I lK. March 14. 2010 Sent i't.a I'acwnalr 17cetr ntc A mhjtg and Please: he" adeised that Collier Comm has had the opportunity to reaiov the title hi k)try to the property that is the subject at the -Iaouary ?G. 2010 Pwrehaae l:reement entered into beteeeen Mat lnrc anwmk I.t_C and Collier County Sprciticaliy. the pruperiy is described ac: Parcel 1: A portion of Section 3, 'f'ownAip 51 South. Range 26 Fast, Collier County, Florida, being more particularly described as follows: Begin at the most Southern corner of Tract 3F of Freedom Square, as recorded in Phi Book 22, page's 56, 57 and 58, of Cite Public Records of Collier founts, Florida; thence forth 35 degrees 40' 39" Fast, along the boundary of said Tract 3F fur 219-95 fret: thence South 54 degree, 2IP 24" East. along the boondan of said Tract 31F, for 194.98 feet to the Westerly right -of-wow line of Isic of Capri Road: thence South 35 degrees 40' 39" West along acid righwof -way Lme, We 186.63 feet; thence South 76 degrees 40' 29" for 44.16 feet m the Northcrly rigit i -of -woe tine of 'famianri ' F rail ff'S Highwa, 44l n Nowe North 54 degrees 20' 24" West, along said ri livoGway line for 166.01 feet to the Montt of Beginning, Parcel 2: All that part of Tract 3F, according to the plat of Fteedom Square, as recorded in Plat Book 22, pages 56, 57 and 58, of the Public Records of Calder County, Florida. and being more particularly described as follows: Beginning at the most Soutircriy corner of said 'I Tact 3F; thence along the boundary of said Tract 3F, the following hwo described courses: (I l North 54 dogrecs 20' 24" West 45.QU Wet; 0) North 35 degrees 40' 39" Fast, 269.95 feet; thence Leaving said buundar;y line, South 54 degrees 20' 24"' Fast 239.98 feet to a point on the hmmdary three described courses.: ( 1) South 35 degrees 40" 39" W est, 50 feet: (2) North 54 degrees 20' 24" West, 19195 Ito; (3) South 35 degrees 411' 39" West 219.95 feet to the Point of Beginning. 687 Agenda Item No. 1687 April 13, 2010 Page 17 of 17 As you were previously notified by Deborah Farris of Collier County Transportation on February 10, 2010, there are exceptions appearing in Mar's title policy and the title commitment issued to Collier County. More specifically, you were informed that the County objected to: (1) all or any portion of the easements granted to Florida Power & Light Companv by instruments filed in OR Book 34, Page 91 and OR Book 926, Page 781 that are in conflict with Collier County Project #60116 improvements being developed for that area; and (2) Grantor's Reservation of Access appearing in Paragraph 5 of the Special Warranty Deed recorded at OR Book 4117, Page 1702 of the public records of Collier County, Florida. It should be self - evident why these two exceptions would render this parcel unfit for the County's purposes in an overpass project where road right -of -way and retention pond areas were being considered for the parcel. Please be advised that this Notice is provided pursuant to Section 6 of the Purchase Agreement. The previous Notice of February 10, 2010 provided you thirty (3o) days to remedy the above defects. Absent providing the County such a remedy, the County has seven (7) days to either "accept title as it then is, waiving any objection, or may terminate the Agreement." Given the clear time constraints of the Agreement and time being of the essence, the County hereby terminates the Agreement. Sincerely, OFFICE OF THE COUNTY ATTORNEY k4,71 CJX Steven T. Williams Assistant County .Attorney cc: Brian P. Patchen, Fsquiro 3'he Law Office of Brian P. Patchen 1000 Brickell Avenue, Suite 1112 Miami, FI. 33131 -3014 Facsimile: 1 -305- 372 -3691 E -Mail: patchlaw gbrianpatchen.com CP110- ECM- 01280'Q