Agenda 05/27/2025 Item #16B 7 (Approve an Agreement for the donation of a drainage easement (Parcel 117DE2) required for Everglades City stormwater drainage improvements)5/27/2025
Item # 16.B.7
ID# 2025-1434
Executive Summary
Recommendation to approve an Agreement for the donation of a drainage easement (Parcel 117DE2) required for
Everglades City stormwater drainage improvements.
OBJECTIVE: To acquire a drainage easement needed for Everglades City stormwater drainage improvements (the
“Project”).
CONSIDERATIONS: The Transportation Management Services Department is in the process of acquiring drainage
easements needed in Everglades City to improve drainage and alleviate flooding. Parcel 117DE2 (the “Parcel”) is
needed for the Project. The unimproved parent tract is located on the east side of Collier Avenue and is owned by
Everglades Airboat Resorts, LLC. The Parcel is 1,608.13 square feet in extent, is rectangular in shape, and is located on
the north side of the parent tract. The property owner is willing to donate the Parcel to the County.
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 for miscellaneous closing and recording fees.
Funding is available in the Stormwater CIP Fund (3050), Project 50180. No maintenance costs are anticipated until such
time as the Project is constructed.
GROWTH MANAGEMENT IMPACT: The 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 117DE2 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: Robin L. Goldsboro, Property Acquisition Specialist II, Right of Way Acquisition, Operations &
Performance Management
ATTACHMENTS:
1. Easement Agreement 117DE2
2. Aerial Exhibit - Parcel 117DE2
Page 2398 of 7924
PROJECT: 77777 - Road Maintenance
PARCEL: 117DE2
FOLIO: 83840040001
EASEMENT AGREEMENT
THlSAGREEMENT(''Agreement'')isenteredintothis-dayof-,2025,byandbetween
EVERGLADES CITY CLUB RESTAURANT & MARINA, lNc., a Florida not for profit corporation, whose
mailing address is 17595 S. Tamiami Trail, Suite 120, Fort Myers, Florida 33908, ("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, FL34112 (the "County").
Recitals
A. Owner owns certain real property in Collier County, Florida, commonly known as 200 Collier
Avenue, Everglades City, Florida 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 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
Collier County Attorney's Office (the "Closing Documents"):
Drainage Easement instrument;
Affidavit of Title;
(a)
(b)
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Page 2399 of 7924
(c)
(d)
(e)
(0
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 Properg, 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 othenryise carry out the intent of the partiei.
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 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.
6. GENERAL PROVTSIONS.
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 aisigns.
B. Assiqnment. The parties shall not assign any rights or obligations under this Agreement to a
third pafi 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. 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.
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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:2025 OWNER:
EVERGLADES CITY CLUB RESTAURANT & MARINA,
lNC., a Florida not for
AASH
Date 2025 COUNTY:
ATTEST:
CRYSTAL K. KINZEL, Clerk of the
Circuit Court & Comptroller
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
Deputy Clerk Burt L. Saunders, Chairperson
Approved as to form and legality
DEREK D. PERRY, ESQ.
Assistant County Attorney D(
4
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Last Revised 2123123
Page 2401 of 7924
COLLIER COUNTY
TRANSPORTATION MANAGEMENT SERVICES DEPARTMENT
ROAD,BRIDGE & STORMWATER MAINTENANCE DIVISION
2885 Horseshoe Drive South, Naples Floilda 34104
Phone: 239-252-8924 Fax 239-?7 4-6406
Date:
o4-14-2025
SCALE:
1" = 30'
SKETCH AND DESCRIPTION OF PROPOSED DRAINAGE EASEMENTROW Rcvd4tr4t25 ll7DE2 EXHIBIT ''A''
PAGE _1- OF
MTH
GRAPHIC SCALE
( IN FEET )1lrch=30 tt
S l/2 X 14 Not to Scalc
LEGAT DESCRIPTION
BEING A PORTION OF EVERGLADES CIry CLUB RESTAURANT & MARINA, A CONDOMINIUM
ACCORDING TO THE CONDOMINIUM PLAT THEREOF AS RECORDED IN PLAT BOOK 10 PAGE
96 OF THE PUBLIC RECORDS OF COLTIER COUNTY, FLORIDA AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID EVERGTADES CITY CtUB RESTAURANT &
MARINA, A CONDOMINIUM, SAID CORNER BEING THE EASTERTY RIGHT-OF-WAY TINE OF COLLIER
AVENUE (STATE ROAD 29) AND THE POINT OI BEGINNING. THENCE ATONG THE NORTH LINE OF
SAID CONDOMINIUM PLAT AND THE NORTH LINE OF A PROPOSED DRAINAGE EASEMENT SOUTH
89"18'29" EAST A DISTANCE OF 160.79 FEET TO THE EASTERLY LINE OF SAID CONDOMINIUM PLAT;
THENCE CONTINUE ALONG SAID EASTERLY LINE SOUTH OO'27'32' WEST A DISTANCE OF 1O.OO FEET
TO THE SOUTH LINE OF A PROPOSED DRAINAGE EASEMENT; THENCE LEAVTNG SAID EASTERLY L|NE
ALONG THE SOUTH LINE OF A PROPOSED DRAINAGE EASEI\iIENT NORTH 89.18'29. WEST A
DISTANCE OF 150.83 FEET TO THE EASTERTY RIGHT-OF-WAY LINE OF COLLIER AVENUE (STATE ROAD
29); THENCE CONTINUE ALONG SAtD EASTERLY RTGHT-OF-WAY LtNE NORTH 00"41'31,, EAST A
DISTANCE OF 1O.OO FEETTO THE POINT OF BEGINNING.
coNTAtNtNG 1608.13 SQUARE FEET MORE OR LESS.
RIVER WILDERNESS OF CAPTAINS TABLE EXTENSION
A CONDOMINIUM
CONDOMINIUM BOOK 18 PAGE 12-13
1
THIS IS NOT
A SURVEY
GIJ
=tJ>z.-qe
<=G,iLUA
JrJFo-u9g
.oP s 00"27'32" W
10.00
N 00"4r.'31" E
10.00
GENERAL NOTES:
1. DIMENSIONS ARE IN FEET AND DECIMATS THEREOF.
2. BEARINGS ARE BASED ON THE EASTERLY RIGHT-OF-WAY LINE
oF coLLtER AVENUE (STATE ROAD 29) BETNG NORTH 00"41'31"
EAST. BEARINGS ARE BASED ON THE STATE PLANE COORDINATE
SYSTEM ESTABLISHED BY THE NATIONAL GEODETIC SURVEY FOR
FLORIOA EAST ZONE, 1983 DATUM WITH 2011 ADJUSTMENT,
3. NOT VALID WITHOUT THE ORIGINAL RAISED SEAL OF A
FLORIDA LICENSEO SURVEYOR AND MAPPER.
4. ABSTRACT NOT REVIEWED
5. LEGEND:
P.O.B. = POINT OF BEGINNING
LAKE PLACID
PREPARED BY:
THOMAS J. ANDERSON, P.S.M.
FLORIDA SURVEYOR & MAPPER LS 5804
ROAD MAINTENANCE COUNTY SURVEYOR
PROPOSED DRAINAGE EASEMENT
EVERGLADES CITY CLUB RESTAURANT & MARINA
A CONDOMINIUM
CONDOMINIUM BOOK 10 PAGE 96
LINE
Project No:
COLLIER AVENUE
File No:
23046A1 o
o
Page 2402 of 7924
AERIAL – PARCEL 117DE2
(Everglades City Drainage Project)
/
PARCEL 117DE2
Page 2403 of 7924