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Parcel 137TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Hope Brack, Real Property Specialist ~ ~ Real Property Management Department February 29, 2000 Pine Ridge Road, Parcel 137 Michael Procacci and Joseph Procacci Attached you will find one (1) Purchase Agreement for execution by Chairman Timothy J. Constantine concerning the above transaction. Please be advised that the document has been reviewed and approved by the County Attorney's Office. The Board of County Commissioners of Collier County, Florida approved acquisition by gift, purchase or condemnation pursuant to Resolution 98-228, Agenda Item 8.B.5, dated May 11, 1999, the Board has authorized its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney. Once the Agreement has been executed, please forward same to Ellie Hoffman, Records Technician III, Minutes and Records Management, for attestation by the Clerk to the Board. If you have any questions regarding this matter, please contact me at 774-8991. Thank You. Attachment: PROJECT: Pine Ridge Road Widening/60111 PARCEL NO: #137 FOLIO NO: 80673440004 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between MICHAEL PROCACCl AND JOSEPH PROCACCl AS TENANTS IN COMMON, (hereinafter 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 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; 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: Owner shall convey the Property to Purchaser for the sum of $6,600, 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. 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. 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 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. 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. 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; Purchase Agreement Page 2 10. 11. 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 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 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. 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. 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.) This Agreement is governed and construed in accordance with the laws of the State of Florida. IN yVITNESS WHEREOF, the parties hereto have executed this Agreement on this _~day of ~ ,2000 Date Property acquisition approved by BCC: May 11, 1999, Resolution ¢¢99-228 Purchase Agreement Page 3 AS TO PURCHASER: ,E?WlGHT E:',BRQCK; Clerk (,,-Deputy Clerk, AS TO OWNER: DATED: WJtne)~s (Signature) Name: ~? (P~int or ~');,J'~ ,. Witness (Signature) (Print or Type) ature) ~: (PNnt or T)~pe) Witness (Signature) (Print or Type) BOARD OF COUNTY COMMISSIONERS COLLIER C~fl"~'-F LO R~A TIM(~J. COI~NTII4~, CF~airFnan Michael Procacci Name: 1,IICItAEL PROCACCI (Print or Type) 98 Vineyards Boulevard Naples, FL 34119-4747 By: Name: JOSEPH PROCACCI (Print or Type) 98 Vineyards Boulevard Naples, FL 34119-4747 Approved as to form and legal sufficiency: Assistant County Attorney Rev I ewe d Date: . and Approved by: ~ublic ~S Dlv on PUBLIC WORKS ENGINEERING DEPARTMENT 5.301EAST TAMIAMI TRAIL NAPLES, FLORIDA 541 ]2 (94.1) 774-8192 Project: 6011i Curve number I Radius = ES,00' A =-90' Arc = 39.27 Chord = 35.36 Chord Brg. S.45'25'16'E, Curve number Re~dlus = 25.00' /% = 53'07'48' Arc = 23.18 Chord = 22.36 Chord ]~rg, S.63~51'22%/, SKETCH OF DESCRIPTION tee simple title Folio: 80673080008 ! · ~ . TRACT L-14 ~ .... VINEYARDS UNIT fNE' 2 PLAT BOOK 1 ~> ~ ~ I /. PAGES 67-74 ° C.l ~ ~ 01~ Z ~ s.sg'54'44"W. /~' 1i9.92' .0-1~/ N.89'54'44"E. C-2~ EXHIBIT_A-.- page I ,of I . ,~-cPINE RIDGE ROAb-/" R-896) 150' R/W LEGAL _DESCRIPTI~)N The South Ten (10) feet of Tract L-14 of the plat Vlheyords~ Unit One as recorded' in Pldt Book 14, Pages 6~ through 74 of the Public Records of Collier Cour~.,tO,', Florida. Containing 1,339 square feet mo, e or less. D~W~I CHECKED BY: SCAL~: NUT TU THISISONLYA SKETCH ........,,:.. .: ,,.' .f.. I,.,'(,,: · ,.'b:':,~" . :':.?[....~ . ,' .,5 .,..::..~ W.rr:.,, ;::,.... - '" /:" '"' '"':'""":: /~'~RGE R. ~lCHMiSNO:,"¢i'~-"O"='/','.~"!.! PRO [SS O.,L OCFICE OF' CAPITAIz.'I51~OrJ~.cfsh: '-" coLLIER cOUNTY. GO?I~RNMI~iT"COMPLEX 3501 E TAMIAMI TRAII"~,~;!i,,.~I,~PLES,' FLORIDA 54t 12 DAT~ I HIE NO.; i1-18-98 137 SHEET 1 OF 1 To: From: Date: Subject: Memorandum MAUREEN KENYON, SUPERVISOR MINUTES AND RECORDS HOPE BRACK REAL PROPERTY SPECIALIST II MARCH 27, 2000 RECORDED DOCUMENTS ATTACHED IS THE FOLLOWING ORIGINAL DOCUMENT FOR YOUR SAFE-KEEPING, ACQUIRED FOR THE SIX LANING OF PINE RIDGE ROAD BETWEEN AIRPORT ROAD AND CR 951: OFFICIAL RECORD BOOK & PAGE NUMBER: 02655~0997 -Warranty Deed -Procacci, Michael and Joseph cc: Micah Massaquoi, Project Manager, Public Works Engineering Department w/attachment Abe Skinner, Collier County Property Appraiser w/attachment File Copy REAL PROPERTY MANAGEMENT DEPARTMENT PROJECT: Pine Ridge Road Widening PARCEL: 137 FOLIO: 80673440004 2611000 OR: 2655 PG: 0997 R~¢ORDED in O~ICIA~ RE~ORDS of ¢OLLIBR ¢0U}{~¥, 03/24/2000 at 03:51PM DWIGHT B. BROCK, CL]~RK CONH 6600,00 REC ~BE 19.50 COPIES 4.00 Retn: REAL PROPBR?Y BXT 8991 INTBR OY~ICB WARRANTY DEED THIS WARRANTY DEED made this day of ['"' \ ,2000, by MICHAEL PROCACCl AND JOSEPH PROCACCl, as tenants in common, whose post office address is CID Vineyards Development, 98 Vineyards Boulevard, Naples, Florida 34119-4747 (hereinafter singularly or collectively called the Grantor), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post-office address is 3301 Tamiami Trail East, Naples, Florida, 34112 (hereinafter called the 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.) 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 situated in Collier County, Florida, to wit: See Attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging 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; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. This property has been acquired under threat of condemnation and is exempt from documental~ stamp tax THIS CONVEYANCE ACCEPTED BY THE BOARD OF CO{;?<TY rq'q~"TqSTF~*II:R~ COIL~EP ,;~,U;~T',', FL.O~ZnA, PURSUAi'~i T0 THE PCO'/ZSiC;iS OR: 2655 PG: 0998 Page 2 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. AS TO OWNER: Wltn'~~ff'~i S ig n~tu re) Nam/e· r., ¢,,' T~c (~_int or Type) Witness (Signature) (Print or Type) STATE OF FZ, ORZ~)A COUNTY OF COLLIER. The foregoing Warranty Deed was acknowledged before me this 77 day of · ~'ebn~at,/,2000, by Michael Procacci, who is personally known to me or who has produced N/A as identification. (affix notarial seal) ~ ~.~ Co~ission No. CC 596241 ~. ~o,,,~ My C.omm, ssion Exp. 1-/~,/1200 /(S~'~nature of Notary Public) SANDRA A. WALSH (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: cc596247 My Commission Expires: 1.2/21./2000 Prepared by: Robert N. Zachary, Esqulr® Office of the County Attorney ,3301 East Tamlami Trait Naples, Florida 34112 3941) 774-.8400 OR: 2655 PG: 0999 Page 3 . /,( ,!~rilnt or ,i:~ype) Witness (Signature) (Print or Type) J6~e~h ~roc~cci STATE OF FLORIDA COUNTY OF COLLIER The foregoing Warranty Deed was acknowledged before me this //f' day of February , 2000, by Joseph Procacci, who is personally known to me or who has produced N/A as identification. (affix notarial seal) "'~:'>'~¥;:>¥;<".';','~;VL>'~';:~. >':- "~SY>')¥~,'.¥$>~'~'Y~'F~.¥'Y)5" ;V~;' N~m~ Pabl~c State ofFlurid'. ~)' ~C~ Ccmmlssion No. CC 596247 C'o~ ~My Co~mfission E~p. t 2/2 I/2(~0 "';~'l'[~e"8~ Fi~ )l~tary See~. ~ k Bendi-g Ca SANDRA A. WALSH (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: cc596247 My Commission Expires: 12/21/2000 2655 PG: 1000 *** 1,57 .i PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 3¢112 (941) 774-15192 Project: 60111 Curve number R(~dlu$ = 85,00' I = -90' Arc = 39.P7 Chord = 35.36 Chord Brg. S.45'EE'I6'E. Curve number Radius = ~ = 53'~7'4B' Arc = E3.18 Chord = ~E.36 Chord Folio: SKETCH OF DESCRIPTION 80673080008 fee simple title EXHIBIT i , ,Page_ I..L of I ..... 0~- >- ~J z I ~ ./~ TRACT L-14 . ~, ...iS/. . VINEYARDS UNIT ONE j¢/" ~ PLAT BOOK 14- '- ,, ! o ic,,I I I i I , s.sg 54 44 W. t / ~-,"-' 119.92' .C-lJ'--/ N.Bg'34-'44"E. C-:Z-/ ~cPINE RIDGE ROA'D-/' R-896) 150' R/W ,b LEGAL DESCRIPTI~)N The South Ten (10) feet of Tract t-14 of the plat Vineyards, Unlt One as recorded in Pldt Book 14, Pages 67 through 74 of the Public Records of Collier CoLIr?...>'0 Florida. Containing ~,339 squure feet mo~,a or less. ICHECKED THIS NOT TO SCALE IS ONLY A SKETCH ..... .;...,,:'.. ' i~, '~/.,.~','. n,',,, :! __ ," ,-:; :,':'. ','¢};c";'::':i: ': -., .. ,, : . . ;.z..;~ . %... ~_ORGE R. RICHMONO~',. ~ ~-"f),' ~ ,'.~"I ' OFFICE OF CAPITAL:' 15EOJ~CfS::: '-" COLLIER COUNTY. 60%)~RNMI~igT"COMPLEX ~301 E TAMIAMI TRAIb",{:'~;,.'NAPLES,' FLORIDA ~4t 12 DAT~ I IqLE NO.: H-ts-98 137 SHEET 1 OF 1