Parcel 120Memorandum
TO:
FROM:
DATE:
RE:
Sue Filson, Administrative Assistant
Board of County Commissioners
Hope Brack, Real Property Specialist
Real Property Management Department
March 27, 2000
Pine Ridge Road, Parcel #120
Peter Longo, Mark Longo
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 99-384,
Agenda Item 8.(D).1, dated September 28, 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
PARCEL: 120
FOLIO: 287520002
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered by and between PETER LONGO and MARK LONGO, each as to an
undivided one half (1/2) 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 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 in exchange for the sum of
$84,100.00, payable by County Warrant, said transaction hereinafter referred to as
"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 any
and all other damages in connection with the purchase of said Property.
Purchaser shall construct an opening and turn lane in the median for the 6 lane
Pine Ridge Road such that west-bound to south-bound vehicular turns may be
made from Pine Ridge Road into Owner's property. Median opening shall be
centered at approximately Station 1071 +86 (Baseline .of Survey). Nothing herein
shall vest Owner with permanent and/or recoverable rights to said median
opening. Purchaser, at its sole discretion and without further compensation to ~
Owner, reserves the right for cause to modify or close said median opening in the ¢ ......
interests ofpublicsafety. wtEc,~A,q o~c.. 5~tALL ~E ,,C~i~,.s.'n=-~,~'~-~'~~
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, may 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.
Owner shall pay its pro-rata share of taxes, assessments, or other term expenses
of the Property through the day before the Closing.
m
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
Purchase Agreement Page 2
10.
11.
12.
13.
14.
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.
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 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
Purchase Agreement Page 3
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.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on this ~ day of ~ ,-'T"~'-. Z<:~.
Property acquisition approved by BCC pursuant to Resolution No. 99-228.
Purchase
AS TO PURCHASER:
DATED: ~7 ,,-ce, c, ~7, ~
DATED:
WITNESSES:
(Signature)
(Printed Name)
(Signature)
(Printed Name)
WITNESSES:
A~ H z,,':~ . ; ,-I ~ ,.~Z ,':~ ~.,4 ~ t~
(Printed Name)
(Signature)
(Printed Name)
Approved as to form and
legal sufficiency:
Robert hary
Assistant County Attorney
Chairman
BY: / ~ ~
pETER,.~NG~C cr
BY:
PINE -PrlBGE- ROAD
LINE 10.41'
REMOVE ~___.~071,~ -4,i.oo +46.eo
EXISTING MED
LSAiN~CUT 95.00' RT.
INV,
L--EXISTINGR/W 8.20
END S/W END S/W
SURVEY &
CONST.
TRAFFIC
BE RELOCATED
r TYP,
FD, CUT ',IAIL ANCZ DISK ARR 3864
IN W.P.P, NO IDm
EL..!4.1i N.G.V.D.
SURVEY
P.h STA. 107'2+CQ.A9 R , 5~9o5ir
· b'O~'~.O3~. · · NORMAL CPOWN
· ~' 0C' 0o" P.C. ,q'A. ~8+98.ii
· 6(:)7o1" P.T. ,"l'A. I075~.76
~_~INV. 6.60
emhv.9.al
Pvc f.,-W~M /
r rM
/
107'+00
1072+00
1073+00
DA/I~ N ~f I
TRANII~OIITATION IlRlfl~ell DIImARTMI3fr
COUNTY. Iq. Olll3,a
CH:3
West q.
Tamoa, Florid
LEGAL DESCRIPTION (NOT A SURVEY)
PUBLIO WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
RoJEc'r No ................... ....
PROJECT PARCEL NO .........../...2/....~.. .....
TAX PARCEL NO.0...0...2..8...7..~..2..0...0...0...2. ...... ,
fee simple title
~ PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULAILLY DESCRIBED AS
FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 18; THENCE
NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST ALONG THE NORTH LINE OF
SAID SECTION 18, A DISTANCE OF 1612.20 FEET; THENCE SOUIll 0 DEGREES 24
MINUTES 34 SECONDS EAST, A DISTANCE OF 139.59 FEET TO THE POINT OF
BEGINNING; SAID POINT ALSO LYING ON THE SOUTH RIGHT OF WAY LINE OF
PINE RIDGE ROAD (C.R. 896) AND BEING THE BEGINNING OF A NON-TANGENT
CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 5804.58 FEET, A
CENTRAL ANGLE OF 3 DEGREES 11 MINUI~S 08 SECONDS, AND A CHORD OF
322.68 FEET BEARING SOUTH 88 DEGREES 35 MINUTES 03 SECONDS EAST;
THENCE EAST ALONG SAID CURVE, A DISTANCE OF 322.73 FEET; THENCE SOUTH
0 DEGREES 26 MINUTES 17 SECONDS EAST, A DISTANCE OF 35.00 FEET TO THE
POINT OF CURVATURE OF A NON-TANGENT CURVE, CONC~.~VE TO THE NORTH,
HAVING A RADIUS OF 5839.58 FEET, A CENTRAL ANGLE OF 3 DEGREES 10
MINUTES O0 SECONDS, AND A CHORD OF 322.70 FEET BEARING NORTH 88
DEGREES 35 MINUTES 43 SECONDS WEST; THENCE WEST ALONG SAID CURVE, A
DISTANCE OF 322.74 FEET; THENCE NORTH 0 DEGREES 24 MINUTES 36 SECONDS
WEST, A DISTANCE OF 35.06 FEET TO THE POllIT OF BEGINNING; SAID
DESCRIBED TILACT CONTAINING 0.259 ACRE (11,295 SQUARE FEET), MORE OR
LESS.
BASIS OF BEARINGS IS THE NORTH LINE OF SAID SECTION t8 BEING
N/Q~H 89 DEGREES 34 MINUTES 36 SECONDS EAST.
PARCEL 120
COLLIER COUN'tY d~VE~NMENT COMPLEX
3301 ~T T~I~I T~IE'
NAPLES. FLQRiD~;: .~4tt2 SHEET t OF 2
PUBLIC FYORKS
ENGINEERING DEPARTMENT
3301 ~ST TAMIAMI TRAIL NAPLES, FLORIDA 341 ]2
(94]) 774-8192
Curve number 1
Radius = 5804.58'
A = 03'11'08'
Arc = 322.73'
Chord = 382.68
Chord Br9. S.88'35'03'E.
Curve number 2
Radius = 5839.58'
A = 03'10'00'
Arc = 322.74'
Chord = 322.70'
Chord Brg. N.88'35'43'W.
SI(E'I'CI-I OF I)I:SCI~II-~'I'ION
I I
,C-1
S.00'24'36"E.
139.59' '~..,,~....
II
II
Z S.00'26'17"E.
35.00'
C-2
100'24"'36"W
I' 55.06''
P.EI.B.
GENERAL NDTES
1) P.O.C. Indlca~es Point oF Commencement
2) P.D,B. Indicates Poln~ oF Beginning
3) Sec. lndlca~es Section
4) Twp. Indica±es Township
5) Rge. lndlca~es Range
6) R/W Indicates RIght-oF-way
7) All dis~ances are In Fee~ and decimals ~hereoF
8) ~earlngs are based on ~he North line oF
Section IB as being N,Bg'34'36'E,
9) No~ valid unless signed and sealed with ~he embossed
seal oF ~he professional land surveyor
P.O.C.
Northwest corner of
Section 18, Twp. 49 S..
Rge 26 E.
Collier County, Florida
1'1-11S IS ONLY A SI(E'I'CI4
DRAWN BY: CHECKED BY: SCALE: DALE: FILE NO.:
NET TEl
L.M.R. SCAI_E. 11-18-98
SHEET 2 OF 2
PROJECT: Pine Ridge Road
PARCEL: 120
FOLIO: 287520002
THIS CONVEYANCE ACCEPTED BY THE BOARD
OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, PURSUANT TO THE PROVISIONS OF
RESOLUTION NO. 99-228
2614098 0R: 2657 PG: 2847
R~CORDBD in O~ICIAL lIBCORDS of COLLIER COUNTY, [L
03/31/2000 at 09:42AM DWIGHT B. BROCK, CLBRK
CONS 84100.00
Rein:
SIT 8991
IM?BR OW~ICB
RBC FBB 19,50
WARRANTY DEED
E
THIS WARRANTY DEED executed this 31_ day of ~4k~,,~,~ , '~--------_, by
PETER LONGO, and MARK LONGO, each as to an undivided one half (1/2) interest
(hereinafter collectively referred to as "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' attached hereto and incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
This property is NOT the Homestead of the Grantor
TO HAVE AND TO HOLD the same in fee simple forever, together with all the
tenements, hereditaments and appurtenances thereunto belonging or in anywise
appertaining.
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.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the day and year first above written.
(Sigja~ture) '
(Print Full Name)
(Print Full Name)
THIS CONVEYANCE "ACCEPTED BY THE~
]
BOARD OF COUNTY COMMISSIONERS,
CO) L. iEP. COUNTY, FLORIDA,
PURSUANT TO THE P~V,~S~NS
OF RESOLUTION NO.
9/Z~/ )qqq
This property has been acquired under
threat of condemnation and is exempt from
documentary stamp tax
STATE OF
COUNTY OF
ThejLJ~f,~ng Warranty Deed was acknowledged
, ~, by Peter Longo, who:
v"' is personally known to me
OR: 2657 PG:
before me this t~i' day
OR
produced
(affix notarial seal)
/
WITNESS:
(Signature)
"'
(Print Full Name)
as proof of identity.
(Signature of Notary Pu~iR~)STINE SEB~'y
Serial / Commission ~ (if any):
My Commission Expires:
2848
of
STATE OF/2//
COUNTY OF
The foregoing Warranty Deed was acknowledged
I~,,~ll-t-.t-t , ~, by Mark Longo, who:
u'/ is personally known to me
before me this t,¢-/'/,t day
OR
produced
as proof of identity.
(affix notarial seal)
Notary Public. ~tate of Ohio
(Pdnt r~ffi6q~Nljli' Jan. 10, 2001
(Recor~ County)
Serial / Commission # (if any):
My Commission Expires:
of
P~cbe!,"t t-l. Zachary, Esquire
Oi-iic:~ of the County Attorney
5GO't East Tamlami Trail
Naples, Florida 34112
(941) 774-84~
CHRISTINE SEBRASKY
Notary Public, State of Ohio
:",ram ss On Expires jan 10,
OR: 2657
PG:
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
2849
LEGAL DESCRIPTION (NOT A SURVEY)
PROJECT NO ................... ~..~..Z./...~. ....
PROJECT PARCEL NO ........... ./...Z.....~.. .....
TAX PARCEL 2. .......
k
fee simple title
A2 PARCEL OF LAND LYING IN SECTION 18, TOWNSHiP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 18; THENCE
NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST ALONG THE NORI"H LINE OF '
SAID SECTION 18, A DISTANCE OF 1612.20 FEET; THENCE SOUTH 0 DEGREES 24
MINUTES 34 SECONDS EAST, A DISTANCE OF 139.59 FEET TO THE POINT OF
BEGINNING; SAID POINT ALSO LYING ON THE SOUTH RIGHT OF WAY LiNE OF
PINE RIDGE ROAD (C.R. 896) AND BEING THE BEGINNING OF A NON-TANGENT
CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 5804.58 FEET, A
CENTRAL ANGLE OF 3 DEGREES 11 MINUTES 08 SECONDS, AND A CHORD OF
322.68 FEET BEARING SOLrI'H 88 DEGREES 35 MINUTES 03 SECONDS EAST;
THENCE EAST ALONG SAID CURVE, A DISTANCE OF 322.73 FEET; THENCE SOUTH
0 DEGREES 26 MINUTES 17 SECONDS EAST, A DISTANCE OF 35.00 FEET TO THE
POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCA%.n/j, TO THE NORTH,
HAVING A RADIUS OF 5839.58 FEET, A CENTRAL ANGLE OF 3 DEGREES 10
MINUTES 00 SECONDS, AND A CHORD OF 322.70 FEET BEARING NORTH 88
DEGREES 35 MINUTES 43 SECONDS WEST; THENCE WEST ALONG SAID CURVE, A
DISTANCE OF 322.74 FEET; THENCE NORTH 0 DEGREES 24 MINUTES 36 SECONDS
WEST, A DISTANCE OF 35.06 FEET TO THE POINT OF BEGINNING; SAID
DESCRIBED TRACT CONTAINING 0.259 ACRE (11,295 SQUARE FEET), MORE OR
LESS.
BASIS OF BEARINGS IS THE NORTH LINE OF SAID SECTION 18 BEING
N/O, '~'[~I 89 DEGREES 34 MINUTES 36 SECONDS EAST.
PARCEL 120
P~t',IAL LANE~ ~L~VEYOR-FL. REG. # 2406
PUBLIC V~::JR~S. ENC~INEEI~ING DEPARTMENT.
COLLIER COUNI'Y ~OVERNMENT COMPLEX
3301 ~T T~I~I .T~IC' ,"
NAPLES, FLORIDA' ~4{~2 SHEET I OF 2
*** OR: 2657 PG: 2850 ***
F-~BII~{T "A" C7- o~ 2>
............ 1.2...0._,~
PUBLIC ~FORKS ENGINEERING DEP,4RTMENT
,3501 'EAST TAM~A~ TRA~L NAPLES, F[.OR~0A 541 ~2
(941) 774-8192
Curve number
Radius = 5804.58'
Z~ = 03'11'08'
Arc = 322.73'
Chord = 328.68
Chord Brg. S.88'35'03'E,
Curve number 2
Radius = 5839.58'
Z~ = 03'10'00'
Arc = 322.74'
Chord = 322,70'
Chord Brg. N.88'35'43'W,
SI<E'I'CI-I OF DIESCI~II.~TION
I I
S.00'26'17"E.
,35.00'
C-2
00'24',36"W
GENERAL NDTES
1) P,Q.C. Indlcates Point oF Commencement
2) P.D.B. Indlca±es Point or Beginning
3) Sec, Indicates Section
4) Twp. Indicates Township
5) Rge. lndlcates Range
6) R/W Indicates RIght-or-way
7) ALL dls±ances are In Feet and decimals thereoP
8) Bearings are based on the North time oF
Section 18 as being N.89*34'36'E.
9) Not vaLId unless signed and seated with the embos.,.:'ed
seal oF the proFessionaL Land surveyor
P ,D.C.
Northwest corner of
Section 18, Twp. 49 S.,
Rge 26 E.
Collier County, Florida
1TIIS IS ONLY A SKEI'CH
D~ BY: CHECKED BY: SOLE: ~IE: RL[ NO.:
NOT TD
11-18-98 120
L,H.R. SCALE-
SHEET 2 OF 2