Backup Documents 05/13/2025 Item #16B 1 16 61
.ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney Office D D p
1 511&12
2. BCC Office Board of County
Commissioners �51 /!p7I i//t
3. Minutes and Records Clerk of Court's Office
5Itce 125
`Please scan under Project 77777 Conners Avenue in the BMR Real Proper Folder. Thank you. v
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Ronald Thomas Phone Number 252-5861
Contact/ Department Operations and Performance Management-
RO W
Agenda Date Item was Agenda Item Number
Approved by the BCC May 13,2025 16 B
Type of Document Number of Original
Attached Agreement Documents Attached 1
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
I. Does the document require the chairman's original signature? RT
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the RT
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's RT
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. RT N/A
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 05/13/2025 and all changes made during N/A is not
the meeting have been incorporated in the attached document. The County ODI an option for
Attorney's Office has reviewed the changes,if applicable. iJ this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC, all changes directed by the BCC have been made,and the document is ready for the 00 P an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16 E 1
PROJECT: 77777-Road Maintenance
PARCEL: 132DE
FOLIO: 27631120002
EASEMENT AGREEMENT
7 t 11
THIS AGREEMENT("Agreement") is entered into this .3 day of /'K.,/1i7)' ,2025, by and between
RICHARD D. BORGESON and DEANE S. BORGESON, husband and wife, whose ailing address is 125
Conners Avenue, 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 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 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-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 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"):
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(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;
(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.
2
16B1
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: 2 _ (8 , 2025 OWNER:
n
RICHARD . BORGESON
i
i.\.,__ ______,...,
DEANS. BORGESON '
Date: W 13 F, 2025 COUNTY:
ATTEST:
CRYSTAL K. K1,NZEL,=Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit Court`& Iler COLLIER COUNTY, FLORIDA
By: By; 404700
-�
Deputy B4,4401 ;01a€4
. SNS, Chairperson
Attekst.as d ''an'$
Sta ture•oriI
� t
Ap rov d as to forma egality: `
7
DEREK D. PERRY, ESQ.
Assistant County Attorney `-y
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Last Revised 2/23/23
3
1681
132DE
TE-ROW SKETCH AND DESCRIPTION OF PROPOSED DRAINAGE EASEMENT
11/4/24 EXHIBIT"A"
PAGE_1_OF_1_
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 COLLIER COUNTY,FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS I ,
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 28,BLOCK R,RUN SOUTH 10'02'20" 1
WEST A DISTANCE OF 3.00 FEET TO THE SOUTHERLY LINE OF AN EXISTING DRAINAGE EASEMENT our
ALONG THE WESTERLY PROPERTY LINE OF SAID LOT 28 TO THE POINT OF BEGINNING;THENCE NORTH
LEAVING SAID WESTERLY LINE SOUTH 79'07'40"EAST A DISTANCE OF 108.22 FEET TO A POINT ON GRAPHIC SCALE
THE WESTERLY RIGHT-OF-WAY OF CONNER'S AVENUE;THENCE ALONG SAID WESTERLY 0 30 45 60
RIGHT-OF-WAY ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST HAVING A
RADIUS OF 206.50 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 ( IN FEET
LINE OF A PROPOSED 1.50 FOOT DRAINAGE EASEMENT;THENCE LEAVING SAID RIGHT-OF-WAY 1 inch = 30 it.
NORTH 79'07'40"WEST A DISTANCE OF 108.22 FEET ALONG SAID PROPOSED 1.50 FOOT DRAINAGE 8 1/2 X 14 Not to Scale
EASEMENT TO THE WESTERLY PROPERTY LINE OF SAID LOT 28;THENCE ALONG SAID WESTERLY
PROPERTY LINE NORTH 10°02'20"EAST A DISTANCE OF 1.50 FEET TO THE POINT OF BEGINNING. THIS I S NOT
CONTAINING 162.33 SQUARE FEET MORE OR LESS.
Curve Table 30 A SURVEY
Curve # Length Radius Delta Chord Bearing
C1 1.50 206.50 00'24'59" 1.50 S09.49'25"W
29
P.O.C.
S 10°02'20"W
3.00 PFOPOSE00- S 79° 7'4Q"E
P.O.B. =HAiNAGrE45E E- 108.22
N 7901-7'40"w 08,22 1 Jr-4
N10°02'20" E
1.50 PROPOSED 1.5'
DRAINAGE C1
EASEMENT EXISTING 3'
DRAINAGE 28
EASEMENT
LJJ >-
� Q
BLOCK R Z
LLJ t
WATERWAYCONNER'S VANDERBILT BEACH ESTATES
L—
UNIT NO.3 < 0
PLAT BOOK 3 PAGE 89 CC
LJJ cr
Z
27 0 CC
U LO
PREPARED BY: O
GENERAL NOTES: THOMAS J.ANDERSON,P.S.M.
1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. FLORIDA SURVEYOR&MAPPER LS 5804
ROAD MAINTENANCE COUNTY SURVEYOR
2. BEARINGS ARE BASED ON THE WESTERLY PROPERTY LINE
OF LOT 28 BLOCK R BEING NORTH 10'02'20"EAST.
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,Naplcs Florida 34104
Phone:239-252-8924 Fax 239-774-6406
5. LEGEND: Date: SCALE: Project No: File No:
P.O.B.=POINT OF BEGINNING
P.O.C.=POINT OF COMMENCEMENT 10-30-2024 1"=30' CONNER'S AVENUE 24005C
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