Agenda 04/22/2025 Item #16B 44/22/2025
Item # 16.B.4
ID# 2025-1326
Executive Summary
Recommendation to approve an Agreement for the donation of a drainage easement (Parcel 119DE) required for
Everglades City stormwater drainage improvements.
OBJECTIVE: To acquire a drainage easement needed to facilitate stormwater management drainage on County Road
29 (the “Project”).
CONSIDERATIONS: The Transportation Management Services Department is in the process of acquiring drainage
easements needed in Everglades City to improve stormwater management on County Road 29. Parcel 119DE (the
“Parcel”) is needed for the Project. The unimproved parent tract is located on the east side of Collier Avenue and is
owned by Seaboard Villas Limited Partnership. The Parcel is 1004.12 square feet in extent, is rectangular in shape, and
is located on the north side of the parent tract. The property owner is willing to donate the Parcel to the County.
This item is consistent with the Collier County strategic plan objective to design and maintain an effective stormwater
management system.
FISCAL IMPACT: Funds in the amount of $100 will be required for miscellaneous closing and recording fees.
Funding is available in the Stormwater CIP Fund 3050, Project 50180. No maintenance costs are anticipated until such
time as the Project is constructed.
GROWTH MANAGEMENT IMPACT: The Project is in accordance with the goals, objectives, and policies of all
applicable sections of the Stormwater Management Sub-element and the Conservation and Coastal Management
Element of the Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for
Board approval. --DDP
RECOMMENDATIONS:
1. Approve the attached Agreement and authorize the Chairman to execute same on behalf of the Board;
2. Accept the conveyance of Parcel 119DE and authorize the County Manager, or designee, to record the conveyance
instrument in the public records of Collier County, Florida;
3. Authorize the payment of all costs and expenses that Collier County is required to pay under the terms of the
Agreement to close the transaction; and
4. Authorize the County Manager or designee to take the necessary measures to ensure the County’s performance in
accordance with the terms and conditions of the Agreement.
PREPARED BY: Prepared By Robin L. Goldsboro, Property Acquisition Specialist II, Right of Way Acquisition,
Operations & Performance Management.
ATTACHMENTS:
1. Aerial - Parcel 119DE
2. Easement Agreement
Page 2193 of 6355
AERIAL – PARCEL 119DE
(Everglades City Drainage Project)
/
PARCEL 119DE
Page 2194 of 6355
PROJECT 77777 - Road Maintenance
PARCEL: 11gDE
FOLIO: 84090400047
EASEMENT AGREEMENT
THIS AGREEMENT ("Agreement") is entered into this . day of 2025, by and
between SEABOARD VTLLAS LIMITED PARTNERSHTP, a North Carottna Limit6d Partnership,
whose mailing address is 2315 Old Chapman Street, North Carolina, 27403 ("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, FL34112 (the "County").
Recitals
A. Owner owns certain real property in Collier County, Florida, commonly known as 304
Freesia Street, Everglades City, FL 34139:
B. The County desires to obtain a perpetual non-exclusive drainage 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.
NOWTHEREFORE, 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 drai nage and stormwater
management purposes and includes the right to enter upon the Easement Area to a) construct,
operate, maintain, repair, replace and remove underground pipes, ditches, swales, earthen berms,
rip-rap, retaining walls and other retaining systems, irrigation lines, lighting and other electrical
facilities, and all other types of water control and related structures and facilities 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 Grantee to the extent it interferes with the Grantee'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 Grantee.
3. CLOSING DATE. Owner's co nveyance 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 lS 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.
1 o
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Page 2195 of 6355
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) Drainage 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;
(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;(0 Termination or Subordination of any existing easement that encumbers the Property, if
required by the County; and
(g) 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 othenruise carry out the intent
of the parties.
5. CLOSING COSTS.
A. Countv's Closinq 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 Closino Costs. At Closing, Owner shall pay all taxes and assessments that
are due and payable.
6. GENERAL PROVISIONS
A. Successors and Assiqns. 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. Assiqnment. 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 Aoreement. 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.
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Page 2196 of 6355
E. Severabilitv. lf 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. Governino 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.
lN 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.
ort",Tcbrucr u 10, .202s OWNER:l
SEABOARD VILLAS LIMITED PARTNERSHIP,
a North Carolina limited partnership
By: Repon Builders & Realty, lnc., a North Carolina
corporation, its general partner
.t
HAROLD McGLUSKEY, President
Date:2025 COUNTY
ATTEST:
CRYSTAL K. KINZEL, Clerk of the
Circuit Court & Comptroller
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
Deputy Clerk BURT L. SAUNDERS, Chairperson
Approved as to form and legality
q
DERK D. PERRY, ESQ.
Assistant County Attorney
3
o
Last Revised2l23l23
Page 2197 of 6355
Curve Toble
Curve dI Length Rodius Dclto Chord Beoring
C1 1.61 483.26 00'11'25"1.61 s03'41'54"E
c2 10.02 583.26 0059'02"10.02 NO2'31'30"W
COLLIER COUNTY
TRANSPORTATION MANAGEMENT SERVICES DEPARTMENT
ROAD,BRIDGE & STORMWATER MAINTENANCE DIVISION
2885 Horeeshe Drive South, Naples Florida 34104
Phote: 239-252-E924 F u 239-77 4-6406
Filc No:
23046D
Project No:
COLLIER A\IENUE09-16-2024
Dalc:SCALE:
1" = 30'
SKETCH AND DESCRIPTION OF PROPOSED DRAINAGE EASEMENT
rE-Row { {gDE
LEGAL DESCRIpTION 8t28t24
BEING A PORTION OF EVERGTADES SEABOARD VILTAS PHASE IV A5 RECORDEO IN PLAT
8OO( 43 PAGES 72-73 RECORDED tN THE PUBLTC RECORDS OF COLLTER COUNry FLORTDA
AND BEING MORE PARTICUIARLY DESCRIBEO AS FOLLOWS:
COMMENCING ATTHE NORTHWESTCORNER OF LOT 16 ACCORDIN6 TO EVERGLADES SEABOARD
VILI.AS PHASE IV A5 RECORDED IN PTAT BOOK 43 PAGE72-73 IN THE PUBLIC RECORDS OF COTLIER
COUNTY, FLORIDA. SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF COTTIER AVENUE
(STATE ROAD 29) AND THE NORTH L|NE OF SA|D tOT 16 SOUTH 89'16',15" EAST A OTSTANCE OF 5.33
FEET TO THE NORTHWEST CORNER OF LOT 1 AND THE POINT OF BEGINNING; THENCE CONTINUE
ATONG THE NORTH LINE OF SAID LOT 1 SOUTH 89'16'15' EAST A DISTANCE OF 100.63 FEET TO THE
NORTHEASTERLY CORNER OF SA|D LOT 1; THENCE SOUTH 00"13'ir4', WEST A DTSTANCE OF 8.40
FEET ALONG THE EASTERLY LINE OF SAID LoT 1; THENCE ALONG SAID EASTERLY LINE ALONG THE
ARC OF A CIRCUTAR CURVE CONCAVE TO THE SOUTHEAsT HAVING A RADIUS OF 483.26 FEET,
THROUGH A CENTRAL ANGTE OF OO'11'25" AND BEING SUBTENDED BY A CHORD WHICH BEARS
SOUTH 03'41'54' EAST A DISTANCE OF 1.61 FEET TO A POINT ON THE SOUTH LINE OF AN EXISTING
10.00 FOOT UTILITY EASEMENT; THENCE NORTH 89"16'15' WEST A DISTANCE OF 100.25 FEET
ALONG SAID EXISTING UTILITY EASEMENTTO THE WESTERLY LINE OF SAID tOT 1; THENCE ATONG
SAID WESTERLY LINE ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST
HAVING A RADIUS OF 583.26 FEET, THROUGH A CENTRAL ANGLE OF OO'59'02' AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORTH O2'31'30" WEST A DISTANCE OF 10.02 FEETTO THE
POINT OF BEGINNING.
coNTATNTNG 1@4.12 SQUARE FEET MORE OR LESS.
SEABOARD VITLAS
LIMTTED PARTNERSHIP
o.R. 2448 PAGE 1367
PROPOSED DRAINA6E EASEMENT
P.O.C.
P.O.B.
s 89"16',15' E
5.33
EXHIBIT ,A"
PAGE -1- OF -1-
Nomh
GRAPHIC SCALE
( IN IEET )
1 iach = 30 lt
a l/2 X lA Not to Scab
THIS IS NO
A SU RVEY
s 00"13'rt4" w
8.q
GENERAL NOTES:
1. DIMENSIONS ARE IN FEET AND DECIMAI.S THEREOF,
2. BEARINGS ARE BASED ON THE NORTH LINE OF LOT 1 BEING
NORTH 89"16'15' EAST. BEARINGS ARE BASED ON THE STATE
PTANE COOROINATE SYSTEM ESTABLISHEO BY THE NATIONAL
GEODETIC SURVEY FOR FTORIDA EAST ZONE, 1983 DATUM WITH
2011 AOIUSTMENT.
3. NOTVALIDWITHOUTTHE ORIGINAT RAISED SEALOFA
FLORIDA LICENSED SURVEYOR AND MAPPER.
4. ABSTRACTNOTREVIEWED
5. LEGEND:
P.O.B. = POINTOF BEGINNING
P.O.C. = POINT OF COMMENCEMENT
LAKE PLAC!D
PREPARED BY:
.it
tt;^&l@
THOMAS J. ANDERSON, P,S.M,
FLORIDA SURVEYOR & MAPPER LS 5804
ROAD MAINTENANCE COUNTY SURVEYOR
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EVERGTADES SEABOARD VI TI.A5
PHASE IV
PLAT BOOK 43 PAGE 72-73
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a,!oPage 2198 of 6355