Parcel 171FEE (Warranty Deed)
PROJECT: 1-75/lmmokalee Road Interchange
PARCEL No): Parcel171FEE
FOLIO No: A portion of folio 24745001683
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED made this 11th day of June, 2009, by
REGIONS BANK, an Alabama state banking corporation, as successor-in-interest to
AmSouth Bank, whose address for notice purposes is 250 Riverchase Parkway, Suite
600, Birmingham, Alabama 35244; Attention: Portfolio Administration (hereinafter
referred to as "Grantor") to COLLIER COUNTY, a political subdivision of the State of
Florida, whose address for notice purposes is 3301 Tamiami Trail East, Naples, Florida,
34112 (hereinafter referred to as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and their respective heirs, legal representatives, successors and
assigns. Grantor and Grantee are used for singular or plural, as the context requires.)
WITNESSETH: That the Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) and other valuable consideration, receipt whereof is hereby
acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and
confirms unto the Grantee, all that certain land situate in Collier County, Florida (the
"Property"), to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
This Property was not acquired by the County pursuant to a petition in eminent domain
regarding said property and is not subject to the restrictions imposed by Section 73.013,
Florida Statutes.
This conveyance is subject to easements, conditions and restrictions of record
that lawfully affect the Property and subject to those matters that would be shown on a
current, accurate survey of the Property or by an inspection thereof, as well as taxes
and assessments for the current year, and all subsequent years, which are not yet due
and payable.
THIS IS NOT HOMESTEAD PROPERTY
TOGETHER with all the tenements, hereditaments and appurtenances thereto
br~'nnging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully
seized of said land in fee simple and that the Grantor has good right and lawful authority
to sell and convey said Property. Grantor makes no warranty or covenant respecting
the nature of the quality of the title to the Property hereby conveyed other than that the
Grantor has neither permitted nor suffered any lien, encumbrance or adverse claim to
the Property described herein since the date on which Grantor obtained title to the
Property.
Grantor makes no warranty or covenant respecting the nature of the quality of
the title to the Property hereby conveyed.
Grantee acknowledges that Grantee is not relying on any written, oral, implied or
other representations, statements or warranties by Grantor or any agent of Grantor or
any real estate broker or salesman. All previous written, oral, implied or other
statements, representations, warranties or agreements, if any, are merged herein.
Other than as specifically disclosed herein, Grantor has not made, does not make and
expressly disclaims any warranties arising by operation of law, as to the merchantability,
habitability, quantity, quality or environmental condition of the Property or its suitability
or fitness for any particular purpose or use.
Grantee hereby affirms that it has (i) investigated and inspected the Property to
its own satisfaction and is familiar and satisfied with the condition of the Property, and
(ii) made its own determination as to (a) the merchantability, quantity, quality and
condition of the Property, including the presence of toxic or hazardous substances,
materials or wastes or other actual and potential indoor or outdoor environmental
contaminates or other environmental conditions, and (b) the Property's suitability or
fitness for any particular purpose or use. Grantee hereby accepts the Property in its
present condition on an "AS-IS", 'WHERE IS" and "WITH ALL FAULTS", including
environmental conditions and structural conditions, and any other bases and
acknowledges that (i) without this acceptance, this sale would not be made, (ii) the
consideration tendered to Grantor reflects the existing condition of the Property,
including, the presence of environmental contamination, if any, thereon, and (iii) Grantor
shall be under no obligation whatsoever to undertake any repair, alteration, remediation
or other work of any kind with respect to any portion of the Property.
Grantor is hereby released by the Grantee and its successors and/or assigns of
and from any and all responsibility, liability, obligations and claims known or unknown,
ir'~luding (1) any obligation to take the Property back or reduce any consideration that
n IuY have been paid to Grantor, or (2) actions for contribution or indemnity, that Grantee
or its successors and/or assigns may have against Grantor or that may arise in the
future, based in whole or in part, upon the presence of toxic or hazardous substances,
materials, or wastes or other actual or potential environmental contaminates on, within
or under the surface of the Property.
1),:)9-3
2
Grantor shall have no liability to Grantee, and Grantee shall release Grantor from
all risks and liability (including contractual and/or statutory actions for contribution or
indemnity), for, concerning or regarding (1) the nature and condition of the Property,
including, but not limited to, the suitability thereof for any activity or use, (2) any
improvements or substances located thereon, or (3) the compliance of the Property with
any laws, rules, ordinances, or regulations of any government or other body. The
foregoing includes a release of Grantor from claims based on Grantor's negligence, in
whole or in part, and claims based on strict liability. Grantee and its successors and/or
assigns have, and shall be deemed to have, assumed all risk and liability with respect to
the presence or remediation of all the known and unknown toxic or hazardous
substances, materials, or wastes or other actual or potential environmental
contaminates on, within or under the surface of the Property, including both known and
unknown, apparent, non-apparent or latent, and whether existing prior to, at, or
subsequent to, transfer of the Property.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
817559-3
3
IN,WITNESS WHEREOF, Grantor has caused this instrument to be executed, as
of the Ji:!!:.day of June, 2009.
GRANTOR:
WITNESS:
REGIONS BANK, an Alabama state
corporation, as successor.
o AmSouth Sa k
STATE OF ALABAMA )
COUNTY OF SHCLD-Y -:ri:-P~
The foregoing Special Warranty Deed was acknowledged before me this II'C: day of
June, 2009 by Jt,.tuvl~ L. -S+c.u'!\...LS ,as Jltu.. ~/~~A:r" of
Regions Bank, an Alabama state banking corporation, as successor-in-interest to
AmSouth Bank, who:
/is personally known to me
OR
produced as proof of
identity.
(affix notarial seal)
Serial! Commission # (if any):
My Commission Expires: !::J.-30' [JDJ.3
3
4
IN WITNESS.W..HEREOF, Grantee has caused this instrument to be executed, as of the
S~ day of :IvV\.€' ,2009.
AS TO GRANTEE:
DATED:~
,.... ~<;' >; ;L, ~p~ty Clerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER C NTY, FLORIDA
~d-
BY:
Donna Fiala, Chairman
5
P"""-
COLLIER COUNTY
PARCEL SKETCH
C.R. 846 (IMMOKALEE ROAD)
EXtBT ...6....
Page-L- of..2.....
PARCEL
R/W TAKE
A parcel of land In SectIon 30. TownshIp 48 South, Range 26 East.
beIng a part of Lot I, Brentwood Two as recorded In Plat Book 47, Page
90, Col I ler County, FlorIda, beIng further descrIbed as fol 10wsI
Commence at the northeast corner of sold SectIon 30, thence South 020
36' 22" East, along the East LIne of saId SectIon 30, a dIstance of
49.97 feet to StatIon 46+66.37, Base LIne Survey, C.R. 846 (ImmoKolee
Roadl, thence South 890 34' 24" West, along saId Bose LIne Survey, a
dIstance of 268.36 feet to StatIon 43+98.01; thence departIng sold
Base Line Survey Sauth 020 36' 22" East a dIstance of 72.31 feet to
the Northwest corner of saId Lot I and the POINT OF BEGINNINGI thence
South 880 53' 28" East, along the north line of saId Lot I, a dIstance
of 130.32 feet to the begInnIng of a tangent curve concave Southerly
and havIng a radIus of 47.00 feet, a central angle of 860 17' 06", 0
chord bearIng of South 450 44' 55" East and a chord dIstance of 64.28
feet, thence Southeasterly along the arc of saId curve 70.78 feet to
the end of saId curve. thence South 020 36' 22" East 0 dIstance of
1.06 feet, thence North 54054' 32" West a dIstance of 53.69 feet,
thence North 88053' 28" West a dIstance of 131.80 feet; thence North
020 36' 22" West 0 dIstance of 15.03 feet to the POINT OF BEGINNING:
ContainIng 2,847 sguare feet, more or less.
NOTES:
I. THE BEARINGS AND DISTANCES SHOWN HEREON ARE BASED ON THE FLORIDA
STATE PLANE COORDINATE SYSTEM, WEST ZONE. 1983 NORTH AMERICAN
DATUM, 1990 ADJUSTMENT, AS ESTABLISHED FROM G.P.S. PRIMARY NETWORK
CONTROL POINTS 175 81 "A" SERIES A07-AIO, AND 175 90 "A" SERIES
A04-AIO. DERIVING A BEARING OF N 89034'24" E ALONG THE SURVEY BASE
LINE OF C.R. 846 (IMMOKALEE ROAD BETWEEN STATION 30+00.00 AND
STATION 47+00,00.
2. TH IS CERT I FICA TI ON V All DA TES SHEETS I THROUGH 2. ANY ONE (I) SHEEr
IS TO BE CONSIDERED INCOMPLETE WITHOUT ALL OTHERS.
3. ATTENTION IS DIRECTED TO THE FACT THAT THESE SKETCHES MAY HAVE
BEEN ALTERED IN SIZE BY REPRODUCTION.
CERTIFICA TION:
. . I /
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BpS L " POT'~[A "
,~ROFESS10NAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NUMBER 5688
TECM . ROW
APR 2 2 2009
~
NOT VALID WITHOUT' THE SIGNATURE
AND ORIGINAL RAISED SEAL OF A
LICENSED FLORIDA SURVEYOR AND MAPPER
/
THIS SKETCH IS A GRAPHIC ILLUSTRAT10N FOR
lNFORMATIONAL PURPOSES ONLY AND IS NOT
INTENDED TO REPRESENT A FIELD SURVEY.
COLLIER COUNTY TRANSPORTATION SERVICES DIVISION
PARCEL SKETCH - NOT A SURVEY
lOCATION IMP
i NOT TO SCALI}
--_... COUNTY ROAD NO. 846 ( It.t.10KALEE ROAD) COLLIER COUNTY
8' DATE PREPARED BYI FeEl
AIM ENGINEERING 8 SURVEYING. INC.
IJAAWN L.W.C. 04110109
REV! S [ON B' OATE CHECKED R.L.P. 04/13/09 F .P. 10, N/A SECTION N/A SHEET I OF 2
o 25 50
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POI NT OF TANGENCY Sea Ie:
PUBLIC UTILTITY EASEMENT
RADIUS
RIGHT OF WAY
RIGHT
RIGHT OF WAY
SIDEWALK EASEMENT
STAT! ON
DELTA
CACULATED
PLAT
PROPERTY LINE
LEGEND
A, E, ACCESS EASEMENT
C,B. CHORD BEARING
C,D. CHORD DISTANCE
C.R, COUNTY ROAD
C.U,E, COUNTY UTILITY EASEMENT
D. E. DRA I NAGE EASEMENT
[.E, IRRIGATION EASEMENT
L LENGTH
L.B.E. LANDSCAPE BUFFER EASEMENT
O.R. OFFICIAL RECORD BOOK
P.B. PLAT BOOK
P.C. POINT OF CURVATURE
PG, PAGE
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POINT OF
BEGINNING
NW CORNER LOT 1
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POINT OF
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BASE LINE SURVEY
C.R. 846 (IMMOKALEE ROAD)
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COLLIER COUNTY TRANSPORTATION SERVICES DIVISION
PARCEL SKETCH - NOT A SURVEY
COUNTY ROAD NO. 846 IIMMOKALEE ROAD)
6Y
PREPARED BY,
DATE
AIM ENGINEERING 8 SURVEYING. INC.
REVISION
DRAWN L,W,C. 0~1I0/09
DATE CHECKED R.L.P. 04113/09 F .P. ID, N/A
BY
COLLIER COUNTY
SECTION
SHEET 2 OF 2
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines#1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the
exception oflhe Chainnan's signature, draw a line lhroueh routine lines #1 throucl1 #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routine order)
I.Heidi Ashton County Attorneys Office
2.
3,
4.
5, Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of1he original document pending BCC approval. Normally the primary contact is the person who createdlprepared the executive
summary, Primary contact information is needed in the event one oflhe addressees above, incltxling Sue Filson, need to contact staff for additional or missing
infonnation, All original documents needing the BCC Chainnan's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item,)
Name of Primary Staff Paul Young Phone Number 252-5884
Contact
Agenda Date Item was May 12, 2009 Agenda Item NlllTIber 16 (B) 2
Approved by the BCC Resolution 2009-118
Type of DoclllTIent Deed Number of Original One (1)
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the fmal negotiated contract date whichever is a plicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are required.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approvaL
Some doclllTIents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
The document was approved by the BCC on May 12, 2009 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A (Not
A licable)
2.
3.
4.
5.
6.
(('1
I: Fonns/ COlmty Fonns/ BCC Forms/ Original Documents Routing Slip WWS Original 9,03,04, Revised 1.26,05, Revised 2.24,05
MEMORANDUM
Date:
June 12, 2009
To:
Paul Young
Right-of-Way Property Acquisition Specialist
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Special Warranty Deed
Project: I-75/Immokalee Road Interchange
Parcel #171 FEE
Enclosed please find one (1) original of the each document as referenced
above, (Agenda Item #16B2), approved by the Board of County
Commissioners on Tuesday, May 12, 2009.
Please return the recorded original back to the Minutes & Records Department
for the Official Records.
If you have any questions, please feel free to contact me at 252-8411.
Thank you.
Enclosure