Loading...
Parcel 188To: From: Date: Subject: MEMORANDUM Sue Filson, Administrative Assistant Board of County Commissioners Robert Texter '~...~~' Real Property Specialist I Real Property Management Department October 19, 1999 Golden Gate Boulevard Improvements Collier County Project No. 63041 Parcel: 188/Acevedo RECEIVED OCT 2 0 1999 Board of County Commissioners Attached you will find one (1) Purchase Agreement for execution by Chairwoman Pamela S. Mac'Kie concerning the above transaction. Please be advised that Robert Zachary, Assistant County Attorney, has reviewed and approved the attached document. The Board of County Commissioners of Collier County, Florida approved the acquisition by gift, purchase or condemnation in Resolution 99-283, Item 8(B)(5), dated June 22, 1999. Pursuant to the previous resolution 98-107, Paragraph 8, 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 Agreements have been executed, please forward same to Ellie Hoffman, Records Technician III, Minutes and Records Management, for attestation by the Clerk to the Board. Ms. Hoffman will then call me at extension 8991 for document pick-up. Thank you. Attachment as stated PROJECT: Golden Gate Boulevard PARCEL NO: 188 FOLIO NO: 36961080007 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between MARIA CRUZ NKJA MARIA CRUZ ACEVEDO and JUAN C. ACEVEDO, wife and husband, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Flodda, its successors and assigns (hereinafter referred to as "Purchaser"); WHEREAS, Purchaser requires a fee estate in that land described in Exhibft "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: 1. Owner shall convey the Property via Warranty Deed to Purchaser in exchange for the sum of $36,200.00, payable by County Warrant, said transaction hereinafter referred to as "Closing". Said payment shall be full compensation for the Property conveyed to the Purchaser. 2. 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. 3. 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 dght 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. 4. 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 wdtten or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 5. 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, Flodda. Purchase Agreement Page 2 6. 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 rifle. 7. 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. 8. The Purchaser shall pay for all costs of recording the deed in the Public Records of Collier County, Florida. The cost of a title commitment shall be paid by the purchaser. 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. 9. 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. 10. If the Owner holds the Property In the form of a partnership, limited partnership, corporation, tnJst or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 288, 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.) 11. This Agreement is governed and construed In accordance with the laws of the State of Florida. Purchase Agreement Page3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this _~, day of ~_~-~ .,~ ,19~, Date Property acquisition approved by BCC: 4/28/98 Resolution No. 98-107 Date Property condemnation approved by BCC: 4/27/99 Resolution No. 99-283 AS TO PURCHASER: DATED: ~)~-~. ~; \e,~.et A'i-rEST: .... · ' DWIGHT E. BROCK, Clerk --' :~'~ ~" ':~-;,r'~,'".~ '-. ==: =-; .~,: ' ~' .-.'.-' ; .~ , Deputy Clerk ~.-?~'.....~.. ? - '",,,;, i: 's {cmature ohio. "'AS TO OWNER: BOARD OF C~JN:~ISSIONERS COLLIER C~IN/,-~, F. LORIDA PA~ S. MAC~a'E, Ch,~r'rwoman DATED:. I0 - t~-~l~ Witness (Signature) Name: ,~")~_~ s h-~[4~W(;: (Print or Type) V~itne~s (Signature)~ Witness (Signature) Name: '~'~ ,~'g/~; (Print or Type) ~itn~s (Signature) Name'~,~,~-.,.,~'z 4/. (Pl~t or Type) MARIA CRUZ ~ A/K/A MARIA CRUZ ACEVEDO 4600 31~ PI SW Naples, FL 34116 JUAN C. ACEVEDO 4600 31~ PI SW Naples, FL 34116 Approved as to form and legal sufficiency: Assistant County Attomey Rev~wed and ~3pmved b~. Date: PROJECT NO. 63041 PROJECT PARCEL NO. 188 F'~ ~,~ ~.~ .. EXHIBIT (NOT A SURVEY) The West 180 feet of Tract 17, Golden Gate Estates Unit No.8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. EXiSTSNG RM UNES I ', I I WEST P~OPE~TY LINE I , I I I I I ,. I ! FEET N PRE PA.qED BY: SCA~E.' f,i'~ · t00feet' GEOJilOE R. RCttMOI, K) II.LB. 1 2406 I)U~UC ~ ENGIdEER]NG DEPT, ~3Q1 F.J~T TM 'rRAA. · NAPt. ES R.O~OA ~4112 '! t To: From: Memorandum MAUREEN KENYON, SUPERVISOR MINUTES AND RECORDS ROBERT TEXTER ~'~ REAL PROPERTY SPECIALIST II Date: April 14, 2000 Subject: AGENDA ITEMS: 8(B)6 JUNE 22, 1999 ATTACHED ARE THE FOLLOWING ORIGINAL DOCUMENTS FOR YOUR SAFE-KEEPING, COMPRISING A LIST OF 14 DOCUMENTS, ACQUIRED FOR THE FOUR LANING OF GOLDEN GATE BOULEVARD BETWEEN STATE ROAD 951 AND WILSON BOULEVARD: OFFICIAL RECORD BOOK & PAGE NUMBER: 2630~2949-2950 2630/2951-2953 2630/2954-2956 PARCEL 171/DOSS PARCEL 171/DOSS PARCEL 171T/DOSS EASEMENT AGREEMENT PARCEL 177/TRUJILLO 2619/2780-2782 PARCEL 177FFRUJILLO PURCHASE AGREEMENT PARCEL 188/ACEVEDO 2606/1174-1176 PARCEL 188/ACEVEDO EASEMENT AGREEMENT 2622~0793-0795 2622~0796-0798 PARCEL PARCEL PARCEL 202/POLANCO 202/POLANCO 202T/POLANCO EASEMENT AGREEMENT 2632/3486-3488 2632/3489-3491 PARCEL PARCEL PARCEL 207/DEL RIO 207/DEL RIO 207T/DEL RIO 259011127-1128 PARCEL 273/MALDONADO cc: A.N. Korti, Project Manager, Public Works Engineering Department w/attachment Collier County Property Appraiser w/attachment Inventory File Copy REAL PROPERTY MANAGEMENT DEPARTMENT PROJECT: Golden Gate Boulevard PARCEL NO: 188 FOLIO NO: 36961080007 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between MARIA CRUZ A/K/A MARIA CRUZ ACEVEDO and JUAN C. ACEVEDO, wife and husband, (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 via Warranty Deed to Purchaser in exchange for the sum of $36,200.00, payable by County Warrant, said transaction hereinafter referred to as "Closing". Said payment shall be full compensation for the Property conveyed to the 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. 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. Purchase Agreement Page 2 10. 11. 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 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 deed in the Public Records of Collier County, Florida. The cost of a title commitment shall be paid by the purchaser. 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. 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. Purchase Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~ day of ~_ ~L~t.~u- ,19 ~ . Date Property acquisition approved by BCC: 4~28~98 Resolution No. 98-107 Date Property condemnation approved by BCC: 4/27/99 Resolution No. 99-283 AS TO PURCHASER: DATED: '(~ ~_~. 9.L ~ \~.~ ATTEST: DWIGHT E. BROCK, Clerk '" :'; , Deputy Clerk ~.~flatu~e on15, AS TO OWNER: BOARD OF CO~.UN-T¥-C-~MMISSlONERS PAE~'L/A S. MAC, E, Ch~f"rw°man DATED: tO-tZ~-qG Witness (Signature) Name: ,t'~~ ~ N~4z~w6 (Print or Type) V~itne~s (Signature)~ MARIA CRUZ NK/A MARIA CRUZ ACEVEDO 4600 31st PI SW Naples, FL 34116 (P~t or Type) Witness (Signature) JUAN C. ACEVEDO Name: 1--~ N~/~; (Print or Type) ~ltn~s (signature) N a me'~,,.~..,. ~/'/<,/. {l:~ht or Type) 4600 31st PI SW Naples, FL 34116 Approved as to form and legal sufficiency: Assistant County Attorney Reviewed and Approved by:. Date:. Public Works Engineering PROJECT NO. 63041 PROJECT P/~RCEL NO. 188 EXHIBIT F~o-~: %~ ~o$ 0oo-~ ~ ' LEGAL DESCRIPTION & SKETCH (NO T A SURVEY) The West 180 feet of Tract 17, Golden Gate Estates Unit No.8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. NORTH PROPERTY LINE EXISTING R/W LINES WEST PROPEI~TY LINE SOUTH I I I I I "30 F'I ' 30 FT ' I PROPERTY LINE (EXISTING 50 FT. PJW EASEMENT) I ,, I ,, I I EAST PROPERTY LINE 1',4 150 FEET PREPARED BY: SCAL~: linch = lOOfeet GEORGE R. RICHMOND PLS # 2406 PUBLIC WORKS ENGINEERING DEPT. 3301 EAST TAMiAMI TRAIL NAPLES, FLORIDA 34112 Collier County Real Property Management Department 04108/99 1:13 PROJECT: Golden Gate Boulevard PARCEL NO: 188 FOLIO NO: 36961080007 2549884 OR: 2606 PG: 1174 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 10/29/I999 at 09:19AM DWIGHT E. BROCK, CLERK CONS 36200.00 Retn: REAL PROPERTY EXT 8991 INTER OFFICE REC FEB 15.00 WARRANTY DEED /'7 THIS WARRANTY DEED made this /9' day of ~//~7'~e",,[' , 19~;~, by MARIA CRUZ NWA MARIA CRUZ ACEVEDO and JUAN C. ACETVEDO, wife and husbana, (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 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 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 documentary stamp tax THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COM.ISSIONERS, COLLIER COUNTY, FLORIDA, PURSUANT TO THE PROV~!SIONS OF RESOLUTION NO. F.~c~,- ~ _ OR: 2606 PG: 1175 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: Witness (Signature) Name: j~¢~,~, ~ (Print or Type) Witn~s (Signature), Name: ~¢a,--,, (Prir~ or Type) Witness (Signature) Name: .~_')~H ~s (Print or Type) W~tn~s (Signature)c~) Name: ~',.~.,-¢,.~.~ ~.c/, ~.~,-.z¢ ~/- (Pri~ or Type) ~" MARIA CRUZ ~ A/K/A MARIA CRUZ ACEVEDO 4600 31s~ PI SW Naples, FL 34116 JUAN C. ACEVEDO 4600 31s~ PI SW Naples, FL 34116 STATE OF COUNTY OF Oc.~he foregoing Warranty Deed was acknowledged before me this I~J~/'~ day of ~,~¢~"' , 1999 by MARIA CRUZ NK/A MARIA CRUZ ACEVEDO, who is personally known to me or wh.o h,o (affix notarial seal) JUD~ M ~G N~Y ~C ~A~ OF ~OR~A COMM~S~ON NO. C~a2~8 / y ~MMISSXON '~P. AUG. 14~2~ STATE OF R COUNTY OF ~,~!/,'~/" OO4~oThe for_.egoing ~z,"' pr-educed (affix notarial seal) ~L~L NOTARY s~,u. "] UD1TH M PUIG UC STATE OF FLORIDA ISSION NO. CC76121S I ~ssloN ~:xP. 6~9:,.34?m~ l Prepared ~ 5301 East Tarnlaml Trail Naplos, Florida 34112 (9,41) 774-8400 (,~nature of Notary Pugic) (Print Name of Notaryg--.dblic) NOTARY PUBLIC Serial/Commission #: My Commission Expires: ~'/ q- m~ z- Warranty Deed was acknowledged before me this /~/¢'~' day of , 1999 by JUAN C. ACEVEDO, who is personally known to me cr '.'.'ho h3s as--idert~F~at~. (~na~ure of Notary IYublic) (Print Name of Notary_gublic) NOTARY PUBLIC Serial/Commission #: My Commission Expires: PROJECT NO. 63041 'PROJECT PARCEL NO. 188 Fc,~o4~: %t,c~ ~'~,O$OOO% EXHIBIT , ~,, OR: 2606 PG: 1176 LEGAL DESCRIPTION & SKETCH (NO T A SURVEY) The West 180 feet of Tract 17, Golden Gate Estates Unit No.8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. NORTH PROPERTY LINE EXISTING R/W LINES WEST PROPERLY LINE SOUTH :30F'1 30FT' I PROPERTY LINE (EXISTING 50 FT. R/W EASEMENT) EAST PROPERTY LINE 150 FEET PREPARED BY: N SCALE; l/nch= lOOfeet GEORGE R. RICHMOND P.L.S # 2406 PUBLIC WORKS ENGINEERING DEPT. 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 Collier Count'/Real Property Management Department 04/08/99 1:13 PM