Parcel 119DE PROJECT: 77777- Road Maintenance
PARCEL: 119DE
FOLIO: 84090400047
EASEMENT AGREEMENT
THIS AGREEMENT("Agreement") is entered into this 2Z"day of /l Pr )L. 2025, by and
between SEABOARD VILLAS LIMITED PARTNERSHIP, a North Carolina Limithd 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, do 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 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.
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 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 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.
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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;
(f) 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 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.
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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.
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: IO , 2025 OWNER:
SEABOARD VILLAS LIMITED PARTNERSHIP,
a North Carolina limited partnership
By: Repon Builders & Realty, Inc., a North Carolina
corporation, its general partner
HAROLD McCLUSKEY, President
Date: nfg/L ZZ= , 2025 COUNTY:
ATTEST: : :,,i::;,,:,
CRYSTAL K :KIN EL, Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit Court4bOrnOtrg110. COLLIER COUNTY, FLORIDA
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By. � P' t3 By: . 4
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puty Clerks _ B R L. SAUNDERS, Chairperson
Attest a to Chairmank
signature only.
Ard as to form and legality:
G-
b K D. PERRY, ESQ. ti
Assistant County Attorney
Last Revised 2/23/23
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SKETCH AND DESCRIPTION OF PROPOSED DRAINAGE EASEMENT EXHIBIT"A"
TE-ROW 119DE PAGE_1_OF_1
LEGAL DESCRIPTION 8/28/24
BEING A PORTION OF EVERGLADES SEABOARD VILLAS PHASE IV AS RECORDED IN PLAT
BOOK 43 PAGES 72-73 RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 16 ACCORDING TO EVERGLADES SEABOARD
VILLAS PHASE IV AS RECORDED IN PLAT BOOK 43 PAGE 72-73 IN THE PUBLIC RECORDS OF COLLIER PUT
COUNTY,FLORIDA.SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF COLLIER AVENUE ucsra
(STATE ROAD 29)AND THE NORTH LINE OF SAID LOT 16 SOUTH 89°16'15"EASTA DISTANCE OF 5.33 GRAPHIC SCALE
FEET TO THE NORTHWEST CORNER OF LOT 1 AND THE POINT OF BEGINNING;THENCE CONTINUE o 30 u 10
ALONG THE NORTH LINE OF SAID LOT 1 SOUTH 89°16'15"EAST A DISTANCE OF 100.63 FEET TO THE
NORTHEASTERLY CORNER OF SAID LOT 1;THENCE SOUTH 00'13'44"WEST A DISTANCE OF 8.40
FEET ALONG THE EASTERLY LINE OF SAID LOT 1;THENCE ALONG SAID EASTERLY LINE ALONG THE ( IN FEET )
ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 483.26 FEET, 1 inch = 30 ft.
THROUGH A CENTRAL ANGLE OF 00°11'25"AND BEING SUBTENDED BY A CHORD WHICH BEARS 8 1/2 X 14 Not to Scale
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 100.26 FEET
ALONG SAID EXISTING UTILITY EASEMENT TO THE WESTERLY LINE OF SAID LOT 1;THENCE
SAID WESTERLY LINE ALONG HE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTH ASTLONG THIS IS NOT
HAVING A RADIUS OF 583.26 FEET,THROUGH A CENTRAL ANGLE OF 00°59'02"AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORTH 02°31'30"WEST A DISTANCE OF 10.02 FEET TO THE A SURVEY
POINT OF BEGINNING.
CONTAINING 1004.12 SQUARE FEET MORE OR LESS.
SEABOARD VILLAS
LIMITED PARTNERSHIP
O.R.2448 PAGE 1367
PROPOSED DRAINAGE EASEMENT
P.O.C.
P.O.B.
S 89°16'15"E
100.6 S 00°13'44"W
2 EXISTING 10'UTITLITY EASEMENT 8.40
N 89°16'15"W 100.26 1
S 89°16'15"E
5.33
N 1 LAKE PLACID
uJ
LL Ql CC
Z > EVERGLADES SEABOARD VILLAS
LL PHASE IV
Q 0 < PLAT BOOK 43 PAGE 72-73
wLU LL
= 17.
o � = 16
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Curve Table
Curve # Length Radius Delta Chord Bearing
CI 1.61 483.26 00'11'25" 1.61 S03'41'54"E
C2 10.02 583.26 00'59'02" 10.02 NO2'31'30"W PREPARED BY:
GENERAL NOTES:
1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF.
2. BEARINGS ARE BASED ON THE NORTH LINE OF LOT 1 BEING THOMAS J.ANDERSON,P.S.M.
NORTH 89°16'15"EAST.BEARINGS ARE BASED ON THE STATE FLORIDA SURVEYOR&MAPPER LS 5804
PLANE COORDINATE SYSTEM ESTABLISHED BY THE NATIONAL ROAD MAINTENANCE COUNTY SURVEYOR
GEODETIC SURVEY FOR FLORIDA EAST ZONE,1983 DATUM WITH
2011 ADJUSTMENT. COLLIER COUNTY
3. NOT VALID WITHOUT THE ORIGINAL RAISED SEAL OF A TRANSPORTATION MANAGEMENT SERVICES DEPARTMENT
FLORIDA LICENSED SURVEYOR AND MAPPER. ROAD,BRIDGE&STORMWATER MAINTENANCE DIVISION
4. ABSTRACT NOT REVIEWED 2885 Horseshoe Drive South,Naples Florida 34104
Phone:239-252-8924 Fax 239-774-6406
5. LEGEND: Date: SCALE: Project No: File No:
P.O.B.=POINT OF BEGINNING 09-16-2024 1"=30' COLLIER AVENUE 23046D
P.O.C.=POINT OF COMMENCEMENT
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