Agenda 05/27/2025 Item #16B 2 (Approve an Agreement for the donation of a drainage easement (Parcel 129DE) required for Willet Avenue drainage improvements)5/27/2025
Item # 16.B.2
ID# 2025-1381
Executive Summary
Recommendation to approve an Agreement for the donation of a drainage easement (Parcel 129DE) required for Willet
Avenue drainage improvements. Estimated Fiscal Impact: $100.
OBJECTIVE: To acquire a drainage easement needed to improve existing stormwater drainage on Willet Avenue (the
“Project”).
CONSIDERATIONS: Collier County is seeking to obtain drainage easements needed to improve drainage and alleviate
flooding on Willet Avenue. Parcel 129DE (the “Parcel”) is being donated to the County by the property owner. The
improved parent tract is located along the north side of Willet Avenue and is owned by Lemonsqueezy, LLC. The
Parcel is 1800 square feet in extent, is rectangular in shape, and is located on the west side of the parent tract. An aerial
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 $100 will be required, being estimated as miscellaneous closing and
recording fees. Funding is available in the Stormwater Utility Fund (1005) within the maintenance operating budget,
cost center 172929. The funding sources are general funds and unincorporated general funds. No maintenance costs are
anticipated until such time as the Project is constructed.
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 129DE 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 129DE
2. Easement Agreement 129DE
Page 1812 of 7924
AERIAL – PARCEL 129DE
(Willet Avenue Project)
PARCEL 129DE
/
Page 1813 of 7924
PROJ ECT: 777 77 -Road Maintenance
PARCEL: 129DE
FOLIO: 27586760009
EASEMENT AGREEMENT
THlSAGREEMENT(''Agreement'')isenteredintothis-dayof-,2025,byandbetween
LEMONSQUEEZY, LLC, a Florida limited liability company, whose mailing address is PO Box 369, Bonita
Springs, FL 32312 ("Owner"), and COLLIER GOUNTY, 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 401 \A/illet
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 propefi 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.
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 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.
3. CLOSING DOGUMENTS. 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 Offlce (the "Closing Documents"):
I
CAOPage 1814 of 7924
(a)
(b)
(c)
(d)
(e)
(0
Drainage Easement instru ment;
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 Propefi;
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.
4. CLOSTNG COSTS.
A. Countv's Closinq Costs. At Closing, the Coun$ 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 owneds
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 Assions. 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 parg.
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 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
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Page 1815 of 7924
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 Coung.
Date: ftlr,,tfi /7 .roru
Date: _,2025
ATTEST:
CRYSTAL K. KINZEL, CIerK of the
Circuit Court & Comptroller
Deputy Clerk
Approved as to form and legality
DEREK D. PERRY. ESQ.
Assistant County Attorney
O\ANER
LEMONSQUEVY, LLC, a Florida limited
liability company
Manager
COUNTY:
BOARD OF COUNTY COMMISS]ONERS
COLLIER COUNTY, FLORIDA
By
BURT L. SAUNDERS, Chairperson
#
/
ERICJ. CIIRK
Notary Publlc
State of Floride
Commf HH235804
Elr,ire.s3B12O26
3
Last Revised 2123123
a<6
Page 1816 of 7924
SKETCH AND DESCRIPTION OF PROPOSED DRA!NAGE EASEMENT
TE.ROW .I29DE
LEGAL DESCRIPTION uzltz4
BEING A PORTION OF tOT 13, BLOCK N, CONNER'S VANDERBILT BEACH ESTATES, UNIT NO. 2
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PIAT BOOK 3 PAGES 17 OF THE PUBTIC
RECORDS OF COLLIER COUNTY, FI.ORIDA AND BEING MORE PARTICULARTY DESCRIBED A5
FOLtOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 13, BTOC( N, SAID CORNER BEING A POINT
ON THE NORTH RIGHT-OF-WAY LINE OF WILLETT AVENUE, NORTH 01"55'50" WEST A DISTANCE OF
12O.OO FEET ALONG THE WEST PROPERTY LINE OF SAID TOT 13 TO A POINT ON THE NORTH
PROPERTY tlNE; THENCE ALONG SAID NORTH PROPERTY LINE NORTH 88'04'10" EASTA DISTANCE
OF 15.00 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 13; THENCE LEAVING SAID NORTH
PROPERTY LINE SOUTH 01"55'50" EAST A DISTANCE OF 12O.OO FEET TO A POINT ON THE NORTH
RIGHT-OF-WAY OF SAID wILLETT AVENUE; THENCE SOUTH 88'04'10" WEST A DISTANCE OF 15.00
FEET ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID WILLETT AVENUE AND I.OT 13 BLOCK N TO
THE POINT OF BEGINNING.
GRAPHIC SCALE
( IN IEET )
I l/2 X 11 Not to Scal3
WATERWAY
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1 ioch = 3O lt
CONTAINING 18OO SQUARE FEET MORE OR LEsS.
A SU RVEY
THIS IS NO
EXHIBlT "A"
PAGE 1 OF 1
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PAGE 17
2
CONNER'S VANDE
BLO
11
UNIT N
PLAT BOOK
s 88"04'10. w
WILLET AVENUE -
fi-nGnr-or-wAY)1
COLLIER COUNTY
TRANSPORTATION MANAGEMENT SERVICES DEPARTMENT
ROAD,BRIDGE & STORMWATER MAINTENANCE DIVISION
2E85 Horseshe Drive South, Naples Florida 34104
Phone: 239-252-8924 F u 239-77 44406
Date :
01-23-2024
SCALE:
1" - 30'
hoject No:
WLLET AVENUE
File No:
24004
PREPARED BY:
4. ABSTRACT NOT REVIEWED
THOMAS J. ANDERSON, P.S.M.
FLORIDA SURVEYOR & MAPPER LS 5804
ROAD MAINTENANCE COUNTY SURVEYOR
GENERAL NOTES:
1. DIMENSIONS ARE IN FEET AND DECIMATS THEREOF.
2. BEARINGS ARE BASED ON THE NORTH RIGHT-OF-WAY
OF WILLETT AVENUE BEING SOUTH 88"04'10" WEST.
3. NOT VALID WITHOUT THE ORIGINAL RAISED SEAL OF A
FLORIDA LICENSED SURVEYOR AND MAPPER.
5. LEGEND:
P.O.B. = POINT OF BEGINNING
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Page 1817 of 7924