Resolution 2000-068
16 816
RESOLUTION NO. 200C}.68
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AUTHORIZING THE EXCHANGE OF
COUNTY PROPERTY.
WHEREAS, the Board at County Commissioners ot Collier County, Florida, has
determined that it is in the County's best interest to exchange the underlying tee interest
in those lands described in Exhibit "A" (reserving unto the County a perpetual non-
exclusive road right-at-way, drainage, utility and maintenance easement across said
lands) in return tor the conveyance ot a perpetual non-exclusive road right-at-way,
drainage, utility and maintenance easement across additional lands required tor the six-
laning of Pine Ridge Road (more particularly described in Exhibit "B"); and
WHEREAS, Anthony C. Purpero, Joseph Cali, Robert McGinnis, Nancy
McGinnis, Warren Andrews and Debbie Andrews are the owners of the property
described in Exhibit "B;" and
WHEREAS, Section 125.37, Florida Statutes, authorizes and empowers the
County to effect an exchange ot real property whenever the Board of County
Commissioner deems that it is in the best interests of the County to do so; and
WHEREAS, the notice required pursuant to Section 125.37, Florida Statutes, has
been published in a newspaper at general circulation within Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board authorizes the
exchange ot a fee interest in the property described in Exhibit "A" in return for a
perpetual, non-exclusive road right-at-way, drainage, utility and maintenance easement
across additional lands required tor the six-Ianing of Pine Ridge Road (described in
Exhibit "B").
rs-
16
This Resolution adopted after motion, second and majority vote favoring same.
Dated ~)~//~//D~
ATTEST:
"DWIGHT E. BROCK, CLERK
$fgr~tuce
'Approv'.ed as to form
a~fficien
Assistant County A~orney
BOARD ~'F COUNTY G'OMMISSIONERS
o. co..,.~ co.,.~.. ~~^
Timo~y,/J. Co~!t~:~t~ne, Chairman
16
EXHIBIT "A"
EXISTING PINE RIDGE ROAD RIGHT-OF-WAY
That part of the Northerly 180 feet of Tract 14, Golden Gate Estates
Unit No. 34, according to the plat thereof recorded in the public
records of Collier County, Florida, in Plat Book 7, Page 23, a
subdivision of parts of Sections 9, 16 and 17, Township 49 South,
Range 26 East, said part more particularly described as follows:
Commence at the Northwest corner of said Section 16; thence run
along the North line of Section 17 South 89°34'24" West a distance
of 65.46 feet; thence run South 00°28'41" East a distance of 21.55
feet to the Northwest corner of the parent tract and the POINT OF
BEGINNING; thence run along the North line of said tract North
89°31'19" East a distance of 680.00 feet to the Northeast corner of
said tract; thence run along the East line of said tract South
00°28'41" East a distance of 129.06 feet to a point on the South
right-of-way line for S.R. S-896; thence run along said right-of-way
line South 89o34'24" West a distance of 680.00 feet to a point on
the West line of said tract; thence run along said west line North
00°28'41" West a distance of 128.45 feet to the POINT OF
BEGINNING, LESS the Easterly 50 feet of said tract for right-of-
way for Logan Boulevard.
(Collier County is divesting itself of the underlying fee interest in the
above-described property; and reserving unto itself a perpetual road right-
of-way, drainage, utility and maintenance easement thereon, for the
continued operation and maintenance of Pine Ridge Road.)
16
816
SKEI'CH
SCALF'
DRAWN BY'
CHECKED BY-
FILE NO:
REVISED:
DRAWN BY:
5501
OFFICE OF CAPITAL PROJECTS
EAST TAMIAMI TRAIL NAPLES, FLORIDA
(941.) 774-8192
PROJECT NO ~
PROJECT.PARCEL NO. .
TAX PARCEL NO. 38390920008
OF LEGAL DESCRIPTION _(NOT A SURVEY}
LEGAL DESCRPITION
COMMENCE at the Southwest Comer of Tract 14, of the plat thereof Golden Gate
Estates Unit No. 34, as recorded in Plat Book 7, Page 23, of the Public Records of Collier
County, Florida; thence mn along the west line orsaid Tract 14 N 00' 19' 10" E 181.55
feet to the POINT OF BEGINNING of the parcel'of land hereinafter descr. ibed; thence S
89' 37' 45" E 180.00 feet; thence N 00' 22' 15" E 10.00 feet; thence S 89' 37' 45" E
414.62feet; thence S 44' 39' 18" E 50.05 feet to the west right-of-way line of Logan
Boulevard; thence along said west right-of-way line N 00' 19' 10" E 45.37 feet to the
Southwest right-of-way intersection of Logan Boulevard and Pine Ridge Road (CR896);
thence along the south right-of-way line'~of said Pine Ridge Road N 89' 37' 45" W
630.00 feet to the west line of aforesaid Tract 14, thence S 00' 19' 10" W 20.00 feet to
the POINT OF BEGINNING.
Containing 8726 square feet more or less.
Parcel 140
Sheet 1
Ba~i~ of Bearings is the West line of Tract 14 being N 00' 19' 10" E.
GRR/lab/lglds
DALE:
BY:
GE4JRGE R. RICHMOND. " ' ,: :..:
P~FESSIONAL LAND SURVEYOR //240~-, ' ,'"
OFFICE OF CAPITAL PROJECTS ,.
COLLIER COUNIY GOVERNMENT COMPLEX' '.'
3501 E TAMIAMI TRAIL NAPLES FLORIDA .~J"~ 1'2
SHEET OF
16
B16
5501
OFFICE OF CAPITAL PROJECTS
EAST TAM,AMI TRAIL NAPtES, FtORIS^ S4~ ~2
(941) 774-8192
SKETCH OF DESCRIPTION
LOGAN BOULEVARD
N.00'19'16"E.
N.O0'I 9'10"E. 200.99'
45.57' / 155.62'
S.44'39'18"E
50.05'
~ S 89'57'4,5"E
' 15E
' 10.0'0'"
62.,38'
~ 150.00',,~
I
I
I
20'/P,B,B,
PORTION TRACT 14
S.89'57'4-5"E
180. 00'
181.55'
S.00'19'10"W. 201.55'
GENERAL NOTES
l) P.D.C, Indic0~tes Point oF Commencement
2) P,O,B, Indlcc~tes Point of' Beglnnln9
3) Sec, Indlccttes Sect;Ion
4) Twp, Indicc~te$ Township
5) Rge, Indlcc~tes Rcnge
6) R/W Indlcctt;es Right-oF-weW
7) Att distances are In Feet and declmats thereof
8) Bosts oF Beor'lngs Is the West tine oF
Trc~ct 14 helm9 N,OO'Ig'lO'E,
9) Not; votld untess signed and se0, ted with the embossed
seot oF the pr'of'esslonod tc~nd surveyor-
~-P,B,C,
THIS IS ONLY A SKETCH
DRAWN BY: .CHECKED BY: SCALE: DATE: FILE NO.:
NUT TI3
SCALE 02-07-97 140
SHEET 2 OF 2
PROJECT: Pine Ridge Road
PARCEL NO: 140
16
EASEMENT AGREEMENT
THIS EASEMENT A(~REEMENT (hereinafter referred to as the "Agreement") is made
and entered into this 25~ day of '~C:~z~ , 2o~o, by and between ANTHONY C.
PURPERO, A SINGLE ~-~, INDIVIDUALLY AND AS TRUSTEE, as to an undivided one half
(1/2) interest, and JOSEPH CALl, A MARRIED MAN, INDIVIDUALLY AND AS TRUSTEE, as
to an undivided one quarter (1/4) interest, and ROBERT McGINNIS and NANCY McGINNIS,
HUSBAND AND WIFE, and WARREN ANDREWS and DEBBIE ANDREWS, HUSBAND AND
WIFE, as to an undivided one quarter (1/4) interest, (hereinafter collectively referred to as
"Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors
and assigns (hereinafter referred to as "Purchaser");
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for Road Right-of-
Way, Drainage, Utilities, and other Public Purposes over, under, upon and across the lands
described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is
attached hereto and made a part of this Agreement; and
WHEREAS, Purchaser holds title to the fee estate of a portion of Tract 14, Golden Gate
Estates Unit 34, by virtue of that certain Warranty Deed recorded in the Official Records of
Collier County, Florida, in OR Book 870, Page 1997 (existing Pine Ridge Road right-of-way);
and
WHEREAS, Owner holds title to the fee estate of all that portion of Tract 14 which is not a
part of the existing Pine Ridge Road right-of-way; and
WHEREAS, Owner has agreed to convey the above-referenced Property to Purchaser in
exchange for the Purchaser's conveyance of the fee estate in Tract 14, Golden Gate Estates
Unit No. 34, held by Purchaser by virtue of the above-referenced warranty deed, with the
understanding that Purchaser's conveyance of its fee estate in Tract 14 shall include a
reservation specifically reserving unto Purchaser a perpetual, non-exclusive easement for road
right-of-way, drainage, utilities and maintenance over all that portion of Tract 14 so conveyed;
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.
Purchaser shall convey, via Statutory Deed, the fee estate in Tract 14, Golden Gate Estates
Unit No. 34, held by Purchaser by virtue of that certain Warranty Deed recorded in the
Official Records of Collier County, Florida, in OR Book 870, Page 1997, with an express
reservation unto itself of a perpetual, non-exclusive easement for road right-of-way,
drainage, utilities, and other public purposes over all that portion of Tract 14 so conveyed.
The above-described exchange of real property shall be full compensation for the Property
conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located
thereon, and for any and all damages (if any) resulting to Owner's remaining lands, and for
any and all other damages in connection with conveyance of said Property to Purchaser.
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, release or subordinate 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.
This Agreement shall be null and void, and of no further force or effect, unless Closing shall
occur within sixty (60) days from the date Purchaser executes this Agreement; 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, release or
!6
B16
Easement Agreement
Page 2
subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's
enjoyment of the Property
Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or
premises other than those so stated above; 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.
o
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 9. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
10. The Purchaser shall pay for all costs of recording the conveyance instruments, and any and
all instruments of release and/or subordination, in the Public Records of Collier County,
Florida.
11. 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.
12. 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.)
13. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
14. Acceptance and recording of the Statutory Deed from County shall vest Owner with an
additional 1.85 acres of land for the purpose of calculating density upon Owner's parent tract
(Tracts 13 and 14, Golden Gate Estates Unit No. 34.)
Easement Agreement
16
Page 3
IN WITNESS WHEREOF, the parties hereto have affixed the signatures of their duly
authorized representatives
AS TO PURCHASER:
2' ATTEST: :,.. '-
, DWIGHT E.' BROCK, Clerk
'%'..i.,A .~ . a',~.~y~Clerk
Prope,yAcqu,skion approv.u un: ~//
Under Resolution ~o. ~- 4~ , A~enda Item ~o./6~/~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Time, th9 J, Co~, ~t~m~j,~r~; iDhairman
AS TO OWNER:
DATED:
Witness (Signature)
(Print or Type)
Witifless (Signature)
Name:
(Print or Type)
Witness__(_Signatu re)
Name:
(Print or Type)
~PURPE~
Individually and as Trustee
CALi~ ;
y and as Trustee
Witness (Signature)
Name:
(Print or Type)
Witness (Signature)
(Print or Type)
Wit~ess (Signature)
Name:
(Print or Type)
16
Easement Agreement
Page 4
Witness (Signature)
Name
(Print or Type)
NANCY ~cGINNIS
Witness (Signature)
Name ¢/¢. PcF¢ ¢¢.~r~
(Print or Type)
(Print or Type)
WARREN ANDREWS
Witness (Signature)
Name 3'-. I~¢~. ,&rc~4A
(Print or Type)
Witness~(Signature)
(Print or Type)
DEBBIE ANDREWS
Witness (Signature)
Name
(Print or Type)
Approved as to form and
Heidi F As on/
,~'~"i ~ t~ 'n?~'o'~ n t y Attorney
OFFICE OF CAPITAL PROJECTS '
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA
(94:t.) 774-8192
' PROJECT NO.. H 0 !1 !
PROJECT.PARCEL "0.., /40
TAX PARCEL NO. 38390920008
SKETCH OF LEGAL DESCRIPTI'ON (NOT A SURVEY)
EXHIBIT_ A
Page. I of 2..,
LEGAL DESCRPITION
COMMENCE at the Southwest Comer of Tract 14, of the plat thereof Golden Gate
Estates Unit No. 34, as recorded in Plat Book 7, Page 23, of the Public Records of Collier
County, Florida; thence run along the west line of said Tract 14 N 00' 19' 10" E 181.55
feet to the POINT OF BEGINNING of the parcel'of land hereinafter descri.'bed; thence S
89' 37' 45" E 180.00 feet; thence N 00' 22' 15" E 10.00 feet; thence S 89' 37' 45" E
.414.62feet; thence S 44' 39' 18" E 50.05 feet to the west right-of-way line of Logan
Boulevard; thence along said west right-of-way line N 00' 19' 10" E 45.37 feet to the
Southwest right-of-way intersection of Logan Boulevard and Pine Ridge Road (CR896);
thence along the south right-of-way line'~f said Pine Ridge Road N 89' 37' 45" W ,
630.00 feet to the west line of aforesaid Tract 14, thence S 00' 19' 10" W 20.00 feet to
the POINT OF BEGINNING.
Containing 8726 square feet more or less.
Parcel 140
Sheet 1 of:~
Ba~t°f Bearings is the West line of Tract 14 being N 00' 19' 10" E.
GRR/lab/Iglds
DRAWN BY: E,O'R'GE R. RICHMOND, ,DATE'::
CHECKED BY' P~FESSIONAL LAND SURVEYOR 1t240~. :;,..-,~ .,
FILE NO: OFFICE OF CAPITAL PROJECTS ,:' .... ' -.'
REVISED: COLLIER COUNTY GOVERNMENT COMPLEX`· '.. :..'.,
5,301 E TAMIAMI TRAIL NAPLES, FLORIDA ',~.'::1
DP, AWN BY: CHECKED BY: SCALE: DALE: FILE NO.:
SHEET OF
16
OFFICE OF CAPITAL PROJECTS
5501 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
LOGAN BOULEVARD
~ '"="""' N.00'19'16;;'E. CE .... ]
-- N.OO'lg'10"E. 200.99'
45.37' / 155.62'
x'
EXHIBITA / k s.4q'~9'lS"E
Page ~. of ~. ' I 50.05'
I /---S 89'57'45"E
-"'- ~ / ' 414.62'
o ~ /-- N.OO'22'15"E o
o I b 10.00'
rYrY 0 u")
o
Ld '¢ I ' PORTION TRACT 14
7 ~"),I 0
180.00'
9 110 /--N'89'57'44"W
P,D,B,
150.O0'kfk i20' 181.55' _,.,
GENERAL NBTES S.00'19'10"W. 201.55'
1) P,D,C, Indicates Point oF CommencementLP,Fi,C,
~) P,D,B, Indlco,-I;es Poln't oF Beglnnln9
3) Sec, Indlcc~-tes Section
4) Twp, '[ndicctes Township
5) Rge, Indlccttes Rcnge
6) R/V/ Indlccttes Rlght-oF-wc~y
7) Att distonces o.r'e In Feet and declmats -t;her-eoP
8) Bo, sis oF Beczrlngs Is the V/est tine oF
Tr'o~ct 14 helm9 N,OO°lg'lO'E,
9) Not vD. rid untess signed and seated wi-th the embossed
seod oF the pr'oFesslom0d rand sur'veyor-
THIS' IS ONLY A SKETCH
DRAWN BY: CHECKED BY: SCALE: DATE: FILE NO.:
NUT TB SHEET 2 OF 2
SCALE 0~-07-97 140