Parcel 113AMEMORANDUM
TO:
FROM:
Ellie Hoffman
Deputy Clerk
Minutes & Records Management
Ernie W. Kerskie Q
Real Property Specialist
Real Property Management Department
DATE:
April 10, 2000
Pine Ridge Road Widening Project
Parcel 113A / Owner: Gerard A. McHale, Jr., Trustee
Parcel 119A+C / Owner: Gerard A. McHale, Jr., Trustee
Please find attached two (2) original recorded Warranty Deeds for the above referenced
project.
The Board of County Commissioners of Collier County, Florida approved the
recordation of same by Resolution 99-384, approved September 28, 1999 by Item
8(D)l (for Parcel l13A) and by the Boards Consent Agenda, approved March 14, 2000
by Item 16(B)17 (for Parcel ll9A+C).
Please contact me if you have any questions or comments at X8991.
Thank you.
attachments as stated
CC:
Micah Massaquoi, Project Manager, PWED
Tax Appraiser's Office w/attachments
Tax Collector's Office w/attachments
Inventory File w/attachments
PROJECT:
PARCEL:
Pine Ridge Road
113A
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered by and between GERARD A. McHALE, JR., successor Trustee under unrecorded land trust
agreement dated December 10, 1992, with full power and authority to protect, conserve, sell, lease,
encumber or to otherwise manage and dispose of the real property described herein, as provided in
F. S. 689.071, (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 simple interest in the lands described in Exhibit "A",
which is attached hereto and made a part of this Agreement, (hereinafter referred to as the
"Property"); and
WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, under
the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property to
Purchaser.
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 are hereby mutually
acknowledged, it is agreed by and between the parties as follows:
Owner shall convey the Property to Purchaser via a Warranty Deed in exchange for the sum of
$31,625 (thirty-one thousand six hundred and twenty five dollars) payable by County Warrant
(said transaction hereinafter referred to as "Closing"). Said payment shall be full compensation
for the PropeJ'ty conveyed, including all landscaping, trees, shrubs, improvements and fixtures
located thereon, and for any damages resulting to Owner's remaining lands, and for any and all
other damages in connection with the 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.
This Agreement shall be null and void and of no further force or effect unless Closing shall occur
within sixty (60) days of the date Purchaser executes this Agreement; provided however, that
Purchaser, at its sole discretion, ~nay extend the term of this Agreement indefinitely pending
receipt of such properly executed instruments which either remove, release or subordinate any
and all liens, encumbrances and/or qualifications which might interfere with 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.
Owner shall pay its pro-rata share of taxes, assessments, or other term expenses of the
Property through the day before the Closing.
Owner shall convey a marketable title to the Property free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to applicable title
standards adopted by the Florida Bar and in accordance with law. The Owner will, if title is
found unmarketable, use diligent effort to correct defect(s) in the title within the time provided
therefor including the bringing of necessary suits. Any and all documents to clear title to the
Property shall be provided to Purchaser on or before the date of Closing.
The Purchaser shall pay for all costs of recording the deed. All other costs associated with this
transaction including, but not limited to, transfer, documentary and intangible taxes, and 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 the obtaining and recording of Releases and
Subordinations of liens recorded against the Property. The cost of a title commitment shall be
paid by Purchaser.
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
e
10.
11.
12.
13.
disclosed to the County; 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 County,
that the seller 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 County against and from, and to
reimburse the County 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 County by reason or arising out of the
breach of owner's representation under Section 7. This provision shall survive closing and is
not deemed satisfied by conveyance of title.
Conveyance of the Property, or any interest in the Property, by the Owner is contingent upon no
other provisions, conditions, or premises other than those so stated above; and this 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.
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. (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.
This Purchase Agreement and the terms and provisions hereof shall be effective as of the date
this Purchase 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 assignees, whenever the context so requires or admits.
,2000.
Property acquisition approved by BCC pursuant
to Resolution No. 99-384, Item 8(D)1, September 28, 1999
AS TO PURCHASER:
....
A,TlzEST: '...'..] ""
-D~IGBT F_.-,BRQ~K, Clerk
-..~..:;~,.'2 ......::~%~. ,..-'
signature only.
BOARD OF COUNTY COMMISSIONERS
COLLIER COl INTY, FLORIDA
AS TO OWNER:
DATED:
WITNESSES:
(Printed Name)
(Signature)
BY:
Gi::RA~,~'~,~. McH~R., succe~f~.Trustee
under unrecorded land trust agreement dated
December 10, 1992, with full power and authority
to protect, conserve, sell, lease, encumber or to
otherwise manage and dispose of the real property
described herein, as provided in F.S. 689.071
Approved as to form and
Assistant County Attorney
Revtewed and Approved b3:
Date:
Publtc WorJe~Divts io~
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(94 i) 774-8192
EXHIBIT
PROJECT NO .... 60111
PARCEL NO ...... 113A
LEGAL DESCRIPTION (NOT A SURVEY)
FOLIO NO ..............................
TRACT 1:,3- 3E545 i o4c:zDc>5.
FEE SIMPLE TITLE
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLOR1DA, SAID POINT OF COMMENCEMENT ALSO LYING ON
'HIE CENTERLINE OF PINE RIDGE ROAD (C.R. 896); THENCE NORTH 89 DEGREES 34
MINUTES 36 SECONDS EAST ALONG SAID CENTERLINE, A DISTANCE OF 302.87 FEET;
TIIENCE NOR'H{ 0 DEGREES 25 MINUTES 24 SECONDS WEST, A DISTANCE OF 75.00 FEET TO
, 'HiE NORTH RIGHT OF WAY LINE OF SAID PINE RIDGE ROAD AND TO THE POINT OF
~BEGINNING; TIIENCE NORTH 89 DEGREES 34 MlNUTES 36 SECONDS EAST, A DISTANCE OF
337.03 FEET TO TIlE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE
SOUTH, HAVING A RADIUS OF 5804.58 FEET AND A CENTRAL ANGLE OF 2 DEGREES 06
MINUTES 10 SECONDS; T! IENCE EAST ALONG SAID CURVE, A DISTANCE OF 213.02 FEET;
THENCE NORTIt O DEGREES 26 MINUTES 26 SECONDS WEST, A DISTANCE OF 10.01 FEET TO
TI 1E PO1NT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE SOUTH,
ItAVING A RADIUS OF 5814.58 FEET, A CENTRAL ANGLE OF 2 DEGREES 05 MINUTES 56
SECDNDS, AND A CHORD OF 213.00 FEET BEARING NORTH 89 DEGREES 22 MINUTES 26
SECONDS WEST; THENCE WEST ALONG SAID CURVE, A D1STANCE OF 213.02 FEET;
THENCE SOUTH 89 DEGREES 34 MINUTES 36 SECONDS WEST, A DISTANCE OF 337.03 FEET;
THENCE SOUTH 0 DEGREES 25 MINUTES 24 SECONDS EAST, A DISTANCE OF 10.00 FEET TO
THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0. 126 ACRE (5,500
SQUARE FEET), MORE OR LESS.
BASIS OF BEARINGS IS TIIE CENTERLINE OF PINE R1DGE ROAD BEING N 89°34'36" E.
PARCEL 113A
PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES. FLORIDA 34112 SHEET 1 OF 2
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
EXHIB~IT ~ NOT A SURVEY
f
pae,,_ .. 0:.2_
113A
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GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) BEG. = SECTION
4) 'i'WP. = TOWNSHIP
5) RGE. = RANGE
6) RAN = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
DRAWN BY CHECKED BY SCALE
NOT TO SCALE
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DATE FILE NQ
APRIL 12, 1999 PR113A
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SHEET 2 OF 2
PROJECT:
PARCEL:
Pine Ridge
113A
2614092 OR: 2657 PG: 2825
RECORDED in OP~ICIAL RECORDS of COLLIER COUNTY,
03/31/2000 at 09:33AN DWIGHT E. BROCK, CLERK
CONS 31625.00
REC FEE 19.50
COPIES 4.00
Retn:
REAL PROPERTY
HIT 8991
INTER OFPICE
WARRANTY DEED
THIS WARRANTY DEED made this ZS'//~ day of ,2000,
by GERARD A. McHALE, JR., successor Trustee under unrecorded land trust
agreement dated December 10, 1992, with full power and authority to protect,
conserve, sell, lease, encumber or to otherwise manage and dispose of the real
property described herein, as provided in F. S. 689.071, whose post office address is
1601 Jackson Street, Suite 200, Fort Myers, FL 33901 (hereinafter 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 situate 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 PROPROPERTY
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 CONVEYANCE'ACCEPTED BY'Tt!E"z
BOARD OF COUNTV COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
OF RESOLUTION NO. Et
This property has been acquired under
threat of condemnation and is exempt from
documentaN stamp tax
OR: 2657 PG: 2826
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents
the day and year first above written.
WITNESSES:
(Signature)
-~'~'4,~v~- k'f'.
/.j~01?~' r~.~
(Printed Name)
under unrecorded land trust agreement
dated December 10, 1992, with full power
and authority to protect, conserve, sell,
lease, encumber or to otherwise manage
and dispose of the real property described
herein, as provided in F. S. 689.071
STATE OF
COUNTY OF
The foregoing Warranty Deed was acknowledged before me this 2,~-~F/t day of
//'~//',(~LZ , 2000, by GERARD A. McHALE, JR., successor Trustee under
unrecorded land trust agreement dated December 10, 1992, with full power and
authority to protect, conserve, sell, lease, encumber or to otherwise manage and
dispose of the real property described herein, as provided in F. S. 689.071, who is
personally known to me or who t,as produced [type of
identification] as identification.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #: CC~ / ~'/6
My Commission Expires: / //,
Prepered by:
R~:~b-e;'~ N. Zachary, Esquire
Office of the County Attorney
3301 East Tamlaml Trail
Naples, Florida 34112
(941) 774-8400
0R: 2657 PG: 2827
PUBLIC WORKS ENGINEEgG DEPARTMENT
"i
3301 EAST TAIV!IAMI TRAIL NAPLES, FLORIDA 34112
(94 !) 774-8192
EXHIBff A PRoJEcT NO ....
pagel__ of
PARCEL NO ......113A
LEGAL DESCRIPTION (NOT A SURVEY)
FOLIO NO ..............................
FEE SIIVIPLE TITLE
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA, SAID POINT OF COMMENCEMENT ALSO LYING ON
THE CENTERLINE OF PINE RIDGE ROAD (C.R. 896); THENCE NORTH 89 DEGREES 34
MINUTES 36 SECONDS EAST ALONG SAID CENTERLINE, A DaSTANCE OF 302.87 FEET;
TIIENCE NORTH 0 DEGREES 25 MINUTES 24 SECONDS WEST, A DISTANCE OF 75.00 FEET TO
THE NORTH RIGHT OF WAY LINE OF SAID PINE RIDGE ROAD AND TO THE POINT OF
BEGINNING; THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST, A DISTANCE OF
337.03 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE
SOUTH, HAVING A RADIUS OF 5804.58 FEET AND A CENTRAL ANGLE OF 2 DEGREES 06
MINUTES 10 SECONDS; THENCE EAST ALONG SAID CURVE, A DISTANCE OF 213.02 FEET;
THENCE NORTil 0 DEGREES 26 MINUTES 26 SECONDS WEST, A DISTANCE OF 10.01 FEET TO
T! IE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE SOUTH,
HAVING A RADIUS OF 5814.58 FEET, A CENTRAL ANGLE OF 2 DEGREES 05 MINUTES 56
SECDNDS, AND A CHORD OF 2 13.00 FEET BEARING NORTH 89 DEGREES 22 MINUTES 26
SECONDS WEST; THENCE WEST ALONG SAID CURVE, A DISTANCE OF 213.02 FEET;
THENCE SOUTH 89 DEGREES 34 MINUTES 36 SECONDS WEST, A DISTANCE OF 337.03 FEET;
THENCE SOUTH 0 DEGREES 25 MINUTES 24 SECONDS EAST, A DISTANCE OF 10.00 FEET TO
THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.126 ACRE (5,500
SQUARE FEET), MORE OR LESS.
BASIS OF BEARINGS IS TIlE CENTERLINE OF PINE RIDGE ROAD BEING N 89°34'36" E.
PARCEL 113A
PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112 SHEET I OF 2
*** ORi 2657 PG:
;
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192.
SKETCH OF DESCRIPTION
EXHIBIT F~ NOT A SURVEY
Page ~ of 1,-
2828 ***
.¢
GENERAL NOTES
1) P.O.C. ,= POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION
4) TWP. = TOWNSHIP
5) RGE. = RANGE
6) RAN = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
DRAWN BY CHECKED BY SCALE
NOT TO SCALE
DATE FILE NO.
APRIL 12, 1999 PR113A
SHEET 2 OF 2