Proj. #77777 Willet Avenue PROJECT: 77777-Road Maintenance
PARCEL: 129DE
FOLIO: 27586760009
EASEMENT AGREEMENT
THIS AGREEMENT("Agreement") is entered into this ;7 day of ()L.. , 2025, by and between
LEMONSQUEEZY, LLC, a Florida limited liability company, whose mailing address is PO Box 369, Bonita
Springs, FL 32312 ("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 401 Willet
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.
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.
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"):
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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.
4. 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.
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 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.
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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: /d/61j '2 , 2025 OWNER:
/ LEMONSQUEEZY, LLC, a Florida limited
liability company
' ERIC J.CLARK
Notary Public
_ State of Florida
�'� Commit HH235804
_...,. . Co JOM PAT ICK, Manager
'At!is-4 Expires 3/3/2026
Date: -4*?-`-) , 2025 COUNTY:
ATTEST:
CRYSTAL K."KjNZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit Court&CQmptroller COLLIER COUNTY, FLORIDA
y tC By: e4,,,tAgeora04—
Depot ' • erk Attest as to Chairman's B L. SAUNDERS, Chairperson
�,. signature only
Appel e as t J orm and legality:
_.m,IJ I
IDEAL
DER:T D. . ERRY. ESQ.
Assis nt C unty Attorney \,11
/li ti
`t9
Last Revised 2/23/23
3
5 'i 1;
SKETCH AND DESCRIPTION OF PROPOSED DRAINAGE EASEMENT EXHIBIT"A"
IL--Row 129DE PAGE_1_OF_1_
LEGAL DESCRIPTION 3/28124
BEING A PORTION OF LOT 13,BLOCK N,CONNER'S VANDERBILT BEACH ESTATES,UNIT NO.2
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3 PAGES 17 OF THE PUBLIC
RECORDS OF COLLIER COUNTY,FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS I ,
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 13,BLOCK N,SAID CORNER BEING A POINT
ON THE NORTH RIGHT-OF-WAY LINE OF WILLETT AVENUE,NORTH 01°55'50"WEST A DISTANCE OF PUT
120.00 FEET ALONG THE WEST PROPERTY LINE OF SAID LOT 13 TO A POINT ON THE NORTH NORTH
PROPERTY LINE;THENCE ALONG SAID NORTH PROPERTY LINE NORTH 88°04'10"EAST A DISTANCE GRAPHIC SCALE
OF 15.00 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 13;THENCE LEAVING SAID NORTH 0 30 45 60
PROPERTY LINE SOUTH 01°55'50"EAST A DISTANCE OF 120.00 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 LOT 13 BLOCK N TO ( IN FEET
THE POINT OF BEGINNING. 1 inch = 30 ft.
B 1/2 X 14 Not to Scale
CONTAINING 1800 SQUARE FEET MORE OR LESS.
THIS IS NOT
WATERWAY A SURVEY
N 88°04'10" E
15.001
I—
CONNER'S VANDERBI T BEACH ESTATES
UNIT N . 2
PLAT BOOK PAGE 17 o < to
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PREPARED BY:
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 NORTH RIGHT-OF-WAY
OF WILLETT AVENUE BEING SOUTH 88°04'10"WEST.
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:
P.O.B.=POINT OF BEGINNING Date: SCALE: Project No: File No:
01-23-2024 1"=30' tMLLETAVENUE 24004