Agenda 05/13/2025 Item #16B 2 (Agreement for the donation of a drainage easement (Parcel 122DE) required for the CR 29 Everglades City Drainage Project)5/13/2025
Item # 16.B.2
ID# 2025-1096
Executive Summary
Recommendation to approve an Agreement for the donation of a drainage easement (Parcel 122DE) required for the CR
29 Everglades City Drainage Project. Estimated Fiscal Impact: $250.
OBJECTIVE: To acquire a drainage easement needed to improve existing stormwater drainage on Collier Avenue (CR
29), Everglades City (the “Project”).
CONSIDERATIONS: Collier County is seeking to obtain drainage easements needed to improve drainage and alleviate
flooding on Collier Avenue (CR 29) in Everglades City. Parcel 122DE (the “Parcel”) needed for the Project is being
donated to the County by the property owner. The improved parent tract is located along the east side of Collier Avenue
and is owned by the Nicholas Niles, Jr. Trust. The Parcel is 1,250 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 approve the attached 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 $250 will be required, being estimated miscellaneous closing and recording
fees. Funding is available in the Stormwater CIP Fund (3050), in Canal Easements 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 122DE 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: Prepared By Ronald Thomas, Property Acquisition Specialist I, Right of Way Acquisition,
Operations and Performance Management Division.
ATTACHMENTS:
1. Aerial - Parcel 122DE
2. Easement Agreement 122DE
Page 1178 of 5243
AERIAL – PARCEL 122DE
(Everglades City Drainage Project)
PARCEL 122DE
/
Page 1179 of 5243
PROJ ECT: 777 77 -Road Maintenance
PARCEL: 122DE
FOLIO: 84090200360
EASEMENT AGREEMENT
THlSAGREEMENT(',Agreement,,)isenteredintothis-dayof-,2025,byandbetween
VARICK K. NILES, individually and as Successor Trustee of the NICHOLAS NILES, JR. TRUST DATED
MARCH 7,2002, whose mailing address is PO Box 784, Naples, FL 34106 ("Owne/'), and GOLLIER
GOUNTY, a politicalsubdivision of the State of Florida, whose mailing address is 3299 TamiamiTrail 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 510 Collier
Avenue, 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 Coung.
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.
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 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.
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-intitle.
2. 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.
3. 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"):
1
CAO
Page 1180 of 5243
(a)
(b)
(c)
(g)
(h)
(d)
(e)
(0
Drainage Easement instrument;
Affidavit of Title;
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;
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.
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 othenryise carry out the intent of the parties.
4. CLOSING COSTS.
A. County'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 Closinq Costs At Closing, Owner shall pay all taxes and assessments that are due
and payable
5. 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 Aqreement. 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. Severabilitv. lf an y 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.
L
qo
Page 1181 of 5243
lN WTNESS 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:/7 3 2025 OWNER
/ar*r,l'kY'?^L
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
VARICK K. NILES, individually and as Successor
Trustee of the Nicholas Niles, Jr. Trust dated March
7,2022
COUNTY:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
BURT L. SAUNDERS, Chairperson
J
o
Yo
Last Revised 2123123
Page 1182 of 5243
COLLIER COUNTY
TRANSPORTATION MANAGEMENT SERVICES DEPARTMENT
ROAD,BRIDGE & STORMWATER MAINTENANCE DIVISION
2885 Honeshoc Drive Sourh, Naples Florida 34104
Phone: 239-252-8924 Fu 239-77 44406
File No:
23046 I
Prcjct No:
COLLIER AVENUE
Datc:
08-20-2024
SCALE:
1" = 30'
SKETCH AND DESCRIPTION OF PROPOSED DRAINAGE EASEMENTrE-Row 122DE
LEGAL DESCRIPTION 8128124
BEING A PORTION OF EVERGTADES SEABOARD VILLAS PHASE III AS RECORDED IN PLAT
BOOK 40 PAGE 58 AND PORTION OF A PARCEL IN OFFICIAL RECORO BOOK 3232 PA6E 1862
RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND SEING MORE
PARTICULARLY DESCRIBEO AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF A PARCEL IN OFFICIAL RECORD BOOK 3232 PAGE 1862
RECORDED lN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; AND BEING THE EASTERTY
RIGHT-OF.WAY LINE OF COTLIER AVENUE (STATE ROAD 29}SAID POINT BEING THE POINTOF
BEGINNING; THENCE I-EAVING SAID EASTERLY RIGHT-OF-WAY ALONG THE NORTH LINE OF SA|D
PARCEL IN OFFICIAL BOOK 3232 PAGE 1862 AND A EXISTING DRAINAGE EASEMENT ON SAID PTAT
BOOK 40 PAGE 58 SOUTH 89'43'06' EAST A DISTANCE OF 1OO.OO FEET TO THE EAsTERLY LINE OF
SAID PARCEL; THENCE CONTINUE ATONG SAID EASTERTY LINE OF SAID PARCEL SOUTH 00.11.57,
WEST A DISTANCE OF 1.2.50 FEET; THENCE LEAVING SA|D EASTERLY LINE NORTH 89"43'06' WESTA
DISTANCE OF 1M.OO FEET ALONG SOUTHERLY LINE OF A PROPOSED DRAINAGE EASEMENT TO A
POINT ON THE EASTERLY RI6HT.OF-WAY OF SAID COLLIER AVENUE AND A POINT ON THE WEST
LINE OF SAID OFFICIAL RECORD 3232 PAGE 1862; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH
00"11'57" EAST A DISTANCE OF 12,50 FEET TO THE POINT OF BEGINNING.
CONTAINING 1250.OO sQUARE FEET MORE OR 1E55.
EXHIBIT "A''
PAGE 1 OF 1
1
0
GRAPHIC SCALE
45 @
( IN TEET )
1 iagS = 30 ft.
19
I 1/z x 11 Not to scale
THIS IS NOT
A SURVEY
LAKE PLACID
GIJ
=E-=>
u) a:>s<sEduJo
JrJFo-(J(,g
P.O
Nm'l1',57'E
12.50
12.50
NICHOTAS NILES JR. TRUST
o.R. 3232 PAGE 1862
EVERGLADES SEABOARD VILI.AS
PHASE III
PLAT BOOK 40 PAGE 58
GENERAL NOTES:
1. DIMENSIONS ARE IN FEET ANO DECIMAL5 THEREOF.
2. BEARINGS ARE BASED ON THE EASTERLY RIGHT-OF-WAY LINE
oF cotllER AVENUE (STATE ROAD 29) BEING NORTH 00"11'57"
EAST. BEARINGS ARE BASED ON THE STATE PLANE COORDINATE
SYSTEM ESTABLISHED BY THE NATIONAL GEODETIC SURVEY FOR
FLORIDA EAST ZONE, 1983 DATUM WITH 2011 AOJUSTMENT.
3. NOT VALID WITHOUT THE ORIGINAL R,AISED SEAI OF A
FLORIDA LICENSED sURVEYOR AND MAPPER.
4. AESTRACT NOT REVIEWED
5. LEGEND:
P.O.B. = POINTOF BEGINNING
PREPARED BY:
,' i,-t- --.t'<-
THOMAS J. ANOERSON, P.S.M,
FLORIDA SURVEYOB/& MAPPER LS 5804
ROAD MAINTENANdE COUNTY SURVEYOR
EVERGLADES SEABOARD VIILAS
PHASE II
PLAT BOOK 39 PAGE 48
ExrsriE :5'E'RATNAG[ EAsafiEm-
20
PioPofo mar{ret ta5€MENT
@Page 1183 of 5243