Agenda 05/13/2025 Item #16B 1 (Agreement for the donation of a drainage easement (Parcel 132DE) required for Conners Avenue drainage improvements)5/13/2025
Item # 16.B.1
ID# 2025-1058
Executive Summary
Recommendation to approve an Agreement for the donation of a drainage easement (Parcel 132DE) required for Conners
Avenue drainage improvements. Estimated Fiscal Impact: $100.
OBJECTIVE: To acquire a drainage easement needed to improve existing stormwater drainage on Conners Avenue
(the “Project”).
CONSIDERATIONS: Collier County is seeking to obtain drainage easements needed to improve drainage and alleviate
flooding on Conners Avenue. Parcel 132DE (the “Parcel”) needed for the Project is being donated to the County by the
property owner. The improved parent tract is located along the west side of Conners Avenue and is owned by Richard
T. and Deane S. Borgeson. The Parcel is 162.33 square feet in extent, is rectangular in shape, and is located on the north
side of the parent tract. An aerial photograph of the subject property is attached.
Staff accordingly recommends that the Board of County Commissioners (the "Board"), approve the Agreement.
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, being estimated miscellaneous closing and recording
fees. Funding is available in the Stormwater CIP Fund 3050, Project 50180. Sources of funding are general funds and
unincorporated general funds.
GROWTH MANAGEMENT IMPACT: This 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 132DE and authorize the County Manager, or her 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 her designee to take the necessary measures to ensure the County’s
performance in accordance with the terms and conditions of the Agreement.
PREPARED BY: Ronald Thomas, Property Acquisition Specialist I, Right of Way Acquisition, Operations and
Performance Management Division.
ATTACHMENTS:
1. Aerial - Parcel 132DE
2. Easement Agreement 132DE
Page 1172 of 5243
AERIAL – PARCEL 132DE
(Road Maintenance Project)
PARCEL 132DE
Platted Drainage Easement /
Conners Avenue
Page 1173 of 5243
PROJ ECT: 777 77 -Road Maintenance
PARCEL: 132DE
FOLIO: 27631120002
EASEMENT AGREEMENT
{t
THIS AGREEMENT ("Agreement') is entered into this l9'tArly of ((g f uu,,r2O25, by and between
RICHARD D. BORGESON and DEANE S. BORGESON, husband and wife, whose mailing address is 125
Conners Avenue, Naples, FL 34108 (collectively, "Owne/'), 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 125 Conners
Avenue, Naples, FL 34108:
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.
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 drainage 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 Coung'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.
The easement rights granted to Grantee are subject to existing easements, restrictions, reservations,
and other matters of record, if any. This Easement constitutes an easement "running with the land" and shall
inure to the benefit of Grantee and be binding upon Grantor and Grantor's successors-in-title.
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 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.
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
ColIier County Attorney's Office (the "Closing Documents"):
1
CA
Page 1174 of 5243
(a)
(b)
(c)
(d)
(e)
(0
Drainage Easement instrument;
Affidavit of Title;
Evidence of legal authori$ and capacity of the individual executing this Agreement on behalf of
Owner to execute and deliver this Agreement and the Closing Documents;
Satisfaction, Partial Release, or Subordination from the holder of each mortgage open of record
encumbering the Property;
Termination, Partial Release, or Subordination of any leases or rental agreements that encumber
the Property;
Termination or Subordination of any existing easement that encumbers the Property, if required
by the County;
and
Such other documents as the County or title company deems necessary or appropriate to clear
title to the Easement.
(g)
(h)
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 Closino 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 Propefi. The County shall have sole discretion as to what constitutes 'reasonable
costs and/or processing fees."
B. Owner's Closinq 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. Assionment. 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.
E. SeverabiliW. 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. Governinq 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.
2
C<,
Page 1175 of 5243
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.
Date: 2 - tt 2025 OWNER.
RICHARD ORGESON
By
Date:2025
ATTEST:
CRYSTAL K. KINZEL, Clerk of the
Circuit Court & Comptroller
Deputy Clerk
Approved as to form and legality
DEREK D. PERRY, ESQ.
Assistant County Attorney
DEAN&_S. B-RGESON
COUNTY
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
BURT L. SAUNDERS, Chairperson
q
3
Last Revised 2123123
car;
Page 1176 of 5243
TE-ROW
11t4t24
CONNER'S VANDERBILT BEACH ESTATES
UNIT NO. 3
PLAT BOOK 3 PAGE 89
28
'oi,qo,,N 79
w loa.zz
BLOCK R
PROPOSED 1.5'
DRAINAGE
EASEM ENT EXISTING 3'
DRAINAGE
EASEMENT
COLLIER COUNTY
TRANSPORTATION IVANAGEI\,4ENT SERVICES DEPARTMENT
ROAD,BRIDGE & STORMWATER MAINTENANCE DIVISION
288i Horscshoc Drirc South, Naplcs Florida -14 I 04
Phone: 239-252-8924 F ax 219-'171-6406
10-30-2024
f)ate:SCAI-E:
1" = 30'
Project Nol
CONNER'S AVENUE
File No:
24005C
SKETCH AND DESCRIPTION OF PROPOSED DRAINAGE EASEMENT
LEGAL DESCRIPTION
BEING A PORTION OF LOT 28, BLOCK R, CONNER'S VANDERBILT BEACH ESTATES, UNIT NO.3
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3 PAGES 89 OF THE PUBLIC
RECORDS OF COTLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING ATTHE NORTHWEST CORNER OF SAID LOT 28, BLOCK R, RUN SOUTH 10"02'20"
WEST A DISTANCE OF 3,OO FEET TO THE sOUTHERLY LINE OF AN EXISTING DRAINAGE EASEMENT
ALONG THE WESTERLY PROPERry tlNE OF SAlD LOT 28 TO THE POINT OF BEGINNING; THENCE
LEAVING SAID WESTERLY LINE SOUTH 79"07'40'' EAST A DISTANCE OF 108.22 FEET TO A POINT ON
THE WESTERLY RIGHT-OF-WAY OF CONNER'S AVENUE ; THENCE ALONG SAlD WESTERLY
RIGHT-OF-WAY ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST HAVING A
RAOIUS OF 205.50 FEET SUBTENDED BY A CHORD WHICH BEARS SOUTH 09"49'25" WEST A
DISTANCE OF 1.50 FEET TO A POINT ON THE SAID WESTERLY RIGHT.OF-WAY AND THE SOUTHERLY
LINE OF A PROPOSED 1.50 FOOT DRAINAGE EASEMENT; THENCE LEAVING SAID RIGHT-OF-WAY
NORTH 79"07'40" WEST A DISTANCE OF 108.22 FEET ALONG SAID PROPOsED 1.50 FOOT DRAINAGE
EASEMENTTO THE WESTERLY PROPERTY LINE OF SAID LOT28; THENCE ALONG SAID WESTERLY
PROPERTY LINE NORTH 10"02'20'' EAST A DISTANCE OF 1.50 FEET TO THE POINT OF BEGINNING.
CONTAINING 162.33 SQUARE FEET MORE OR LESS.
Curve Toble
Curve fl Length Rodiu s Del to Chord Beoring
C,1 '1.50 206.50 00'24'59"1.50 s09'49'25"W
29
P.O.C.
s 10"02'20"
3.00
P.O. B
N 10"02'20" E
1.50
EXHIBIT "A"
PAGE 1 OF 1
GRAPHIC SCALE
( IN FEET )
1 inch = 3O iL
a l/2 X 11 Not to Scale
1
30
THIS IS NOT
A SU RVEY
s 79"07,40,
F 1o8.22
WATERWAY
GENERAL NOTES:
1. DIMENSIONS ARE IN FEET AND DECIMATS THEREOF.
2. EEARINGsARE BASED ONTHEWESTERLY PROPERry LINE
OF LOT 28 BLOCK R BEING NORTH 10"02'20" EAST.
3. NOTVALIDWITHOUTTHE ORIGINALRAISED SEALOF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
4. ABSTRACT NOT REVIEWED
5. LEGEND;
P.O.B. = POINT OF BEGINNING
P.O.C. = POINT OF COMMENCEMENT
27
PREPARED BY:
THOMAS J. ANDERSON, P.S.M.
FLORIDA SURVEYOR & MAPPER LS 5804
ROAD MAINTENANCE COUNTY SURVEYOR
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Page 1177 of 5243