No. 541SWE PROJECT: 99999-Miscellaneous
PARCEL: 541SWE
FOLIO: 62851360005
EASEMENT AGREEMENT
THIS AGREEMENT("Agreement") is entered into this A"I'Olay of74 2024, by and between
ERNEST C. MILLER, III and KANDIS K. MILLER, husband and wife, whose mailing address is 11060
Vanderbilt Drive, Naples, FL 34108 (collectively, "Owner"), and COLLIER COUNTY, a political subdivision of
the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o County Attorney's Office, Suite
800, Naples, FL 34112 (the"County").
Recitals:
A. Owner owns certain real property in Collier County, Florida, commonly known as 11060
Vanderbilt Drive, Naples, FL 34108.
B. The County desires to obtain a perpetual non-exclusive Sidewalk Easement (the "Easement")
over, under, upon and across a portion of the Owner's property as described in Exhibit "A" attached hereto
(the"Property").
C. Owner recognizes the benefit and desires to convey the Easement to the County for the
purposes and on the terms and conditions set forth herein, said terms including that no monetary compensation
shall be due and payable by the County.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
acknowledged, the parties agree as follows:
1. AGREEMENT TO CONVEY. Owner hereby agrees to convey, and the County hereby agrees to
accept the Easement on the terms and conditions set forth in this Agreement.
2. PURPOSE OF EASEMENT. The Easement shall be for Sidewalk Easement purposes and
includes the right to enter upon the Easement to a) construct, operate, maintain, repair, replace and remove,
at County's sole discretion; and b) place, excavate, use, store, plant, remove and dispose of soil, trees,
landscaping, and other materials and improvements, including the removal and disposal of any and all
property, real and/or personal, not owned by the County to the extent it interferes with the County's rights under
the easement,without liability to the owner of such property; all as deemed necessary or appropriate from time
to time by the County.
3. CLOSING DATE. Owner's conveyance of the Easement to the County (the"Closing") shall occur
within 30 days of the County's receipt of all properly executed Closing Documents (defined below). TIME IS
OF THE ESSENCE. The Closing shall take place at the offices of the County's Transportation Engineering
Division, 2885 Horseshoe Drive South, Naples, Florida 34104.
4. CLOSING DOCUMENTS. As soon after the parties' execution of this Agreement as is possible,
Owner shall deliver the following documents to the County, properly executed and in a form approved by the
Collier County Attorney's Office (the"Closing Documents"):
(a) Sidewalk Easement instrument;
(b) Affidavit of Title;
(c) Evidence of legal authority and capacity of the individual executing this Agreement on behalf of
Owner to execute and deliver this Agreement and the Closing Documents;
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(d) Satisfaction, Partial Release, or Subordination from the holder of each mortgage open of record
encumbering the Property;
(e) Termination, Partial Release, or Subordination of any leases or rental agreements that encumber
the Property;
(f) Termination or Subordination of any existing easement that encumbers the Property, if required
by the County;
(g) and
(h) Such other documents as the County or title company deems necessary or appropriate to clear
title to the Easement.
Following the Closing, Owner shall execute any and all additional documents as may be requested by the
County or title company to correct clerical errors, clear title, or otherwise carry out the intent of the parties.
5. CLOSING COSTS.
A. County's Closing Costs. At Closing, the County shall pay (i) the recording fees to record the
conveyance instruments and any curative instruments required to clear title; and (ii) the cost of an owner's
policy of title insurance if the County elects to obtain one. Additionally,the County may elect to pay reasonable
costs incurred and/or processing fees required by mortgagees or other lien holders in connection with the
delivery of properly executed Satisfaction, Releases, Terminations, or Subordinations of any liens open of
record encumbering the Property. The County shall have sole discretion as to what constitutes "reasonable
costs and/or processing fees."
B. Owner's Closing Costs. At Closing, Owner shall pay all taxes and assessments that are due
and payable.
6. GENERAL PROVISIONS.
A. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the
parties and their respective heirs, executors, personal representatives, successors and permitted assigns.
B. Assignment. The parties shall not assign any rights or obligations under this Agreement to a
third party without the prior written consent of the other party.
C. Entire Agreement. This Agreement constitutes the entire agreement of the parties as pertains
to the subject matter hereof, and there are no prior or contemporaneous written or oral agreements,
undertakings, promises, warranties, or covenants not contained herein.
D. Amendments. All amendments to this Agreement must be in writing and signed by both parties.
E. Severability. If any provision of this Agreement is determined to be legally invalid or
unenforceable, such provision shall be severed from this Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect.
F. Governing Law; Venue. This Agreement shall be governed and construed in accordance with
the laws of the State of Florida. All disputes arising under this Agreement shall be brought solely in the courts
in Collier County, Florida, and the parties hereby agree to said venue.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below,
effective as of the date this Agreement is executed by the County.
Date: / MO I , 2024 OWNER:
fEm;i1E7GA-S —
C. LLER III
4 t 714 tail
KANDIS K. MILLER
Date: $ctT I v , 2024 COUNTY:
ATTEST:
CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit COL, & omptroller COLLIER C N , FLORIDA
By: By:
ep ty Clerk CH ALL, Chairperson
A ro ed as to for regality:
BAll
DEREK D. PERRY, ESQ.
Assistant County Attorney /
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Last Revised 2/23/23
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TE-ROW EXHIBIT"A"
6/20/24 541 SWE !•= THIS IS NOT A SURVEY *•' Page 1 of 2
PROPERTY.ADDRESS: 11060 VANDERI3ILT DR IV!
A PORTION OF SECTION 28,TWN 48S,RNG 25F
PARCEI No.62I 51360005
111TH AVENUE
BLUEBILL AVE
P.O.C.-
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177.23'
P.O.B.—N„ -2 10' SPECIAL WARRANTY DEED OR 106, PG 54
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LINE BEARING DISTANCE
LEGEND: L1 S 01'55'50" E 10.00' GRAPHIC SCALE
P.O.B. - POINT OF BEGINNING L2 N 89'47'30" E 4.70' 0 15 30 'au
P.O.C. - POINT OF COMMENCEMENT L3 S 46'59'38" W 6.23' I 4
L4 N O1'55'50' W 4.24' 1 inch 30 ft.
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o{t o o idr$ ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES.
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000°o °(°,°O�°,�p,Of�°0�o°°° MARK D. McCLEARY, PSM
°Oa- 000 °0 oop. FLORIDAORCO REGISTRATION No. 6557fthZ/ tk �! �FOR COLLIER COUNTY p/-/DATE SIGNED:
BOARD OF COUNTY COMMISSIONERS TITLE: ■-
COLLIER COUNTY, FLORIDA TRANSPORTATION ENGINEERING DIVISION PROPERTY ADDRESS. 11060 vAM)I•RIII1:1 DRtVI:
MS SOUTH SOR96RO6 DRAT
HAM .TMRRa 34104(236)2e2-8192 DATE 1 PROJ No. {SHEET 1 of 2 I FILE:
541 SWE EXHIBIT"A"
••• THIS IS NOT A SURVEY ••• Page 2 of 2
PROPERTY ADDRESS: 11060 VANDERBILT DRIVE
A PORTION OF SECTION 28,TWN 48S,RNG 25E
PARCEL No.62851360005
DESCRIPTION
A PORTION OF LOT 27, BLCOK 80 UNIT No.6, NAPLES PARK, PB 3 PG 15,
COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING THE NORTHWEST CORNER OF SAID LOT 27, S 01`55'50" E ALONG THE WESTERN SAID LOT
A DISTANCE OF 10' ; TO THE POINT OF BEGINNING;
THENCE N 89°47'30" E ALONG THE SOUTHERN LINE OF THE SPECIAL WARRANTY DEED AS RECORDED IN
THE OFFICIAAL RECORDS BOOK 106 PAGE 54 A DISTANCE OF 4.70' ;
THENCE S 46°59'38" W A DISTANCE OF 6.23' TO THE WESTERN LINE OF SAID LOT.
THENCE N 01'55'50" W ALONG THE WESTERN SAID LOT A DISTANCE OF 4.24' ;
TO THE POINT OF BEGINNING, CONTAING AN AREA OF 9.94 SQUARE FEET, 0.00022 ACRES
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°AlQR@!,° ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES.
°°°° ° °o° °,°,,o�,°���0°°°°° MARK D. McCLEARY, PSM°O00000 p� 00000°° FLORIDA REGISTRATION No. 6557 gkiRA/6", �! 1FOR COWER COUNTY /
DATE SIGNED:
BOARD OF COUNTY COMMISSIONERS TITLE:
COLLIER COUNTY, FLORIDA
TRANSPORTATION ENGINEERING DIV:SION PROPERTY ADDRESS: 11060 VANDERBILT DRIVE Ft
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2853 semi HOR36REDE ORM J
SAP0.FLORIDA 34104(2ao)252 o,o, DATE I PROJ No. I SHEET 2 of 2 I FILE: ONZ