Agenda 06/10/2025 Item #16B 7 (Agreement for the donation of drainage easement (Parcel 124DE) for the Everglades City Drainage Project)6/10/2025
Item # 16.B.7
ID# 2025-1513
Executive Summary
Recommendation to approve an Agreement for the donation of a drainage easement (Parcel 124DE) required for the
Everglades City Drainage Project. Estimated Fiscal Impact: $100.
OBJECTIVE: To acquire a drainage easement needed to improve existing stormwater drainage on Collier Avenue,
Everglades City (the “Project”).
CONSIDERATIONS: Collier County is seeking to obtain drainage easements needed to improve drainage and alleviate
flooding on Collier Avenue in Everglades City. Parcel 124DE (the “Parcel”) needed for the Project is being donated to
the County by the property owner. The unimproved parent tract is located along the east side of Collier Avenue and is
owned by the Everglades Lakeside Village Homeowners Association, Inc. The Parcel is 62.17 square feet in extent, is
triangular, and is located on the north side of the parent tract. An aerial photograph 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 miscellaneous closing and recording
fees. Funding is available in the Stormwater CIP Fund (3050), Project 50180. Sources of funding are general funds and
unincorporated general funds.
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 124DE 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 124DE
2. Easement Agreement 124DE
Page 1168 of 2218
AERIAL – PARCEL 124DE
(EVERGLADES CITY DRAINAGE PROJECT)
PARCEL 124DE
/
Page 1169 of 2218
PROJ ECT: 77777 -Road Maintenance
PARCEL: 124DE
FOLIO: 84090400348
EASEMENT AGREEMENT
THIS AGREEMENT ("Agreement") is entered into this I , ',t day of Ap.: t ,2025, by and between
EVERGLADES LAKESIDE VILLAGE HOMEOWNERS ASSOCIATION, lNC., a Florida not for profit
corporation, whose mailing address is 710 11th Street SW, Naples, FL 34117 ("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 402 Collier
Avenue, 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 drai nage 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.
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"):
cAO
1
Page 1170 of 2218
(a)
(b)
(c)
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 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 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.
(d)
(e)
(0
(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 otherurise carry out the intent of the parties.
5. CLOSING COSTS
A. Countv'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
policyoftitleinsuranceiftheCountyelectstoobtainone. Additionally,theCountymayelecttopayreasonable
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 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 assigns.
B. Assiqnment. 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 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. Severability. 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 1171 of 2218
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.tt 2025 OWNER:
EVERGLADES LAKESIDE VILLAGE
HOMEOWNERS ASSOCIATION, INC.,
r profit
By
a
PAUL MACIVER, President
COUNTY:
BOARD OF COUNTY COMMISSIONERS
COLLI ER COUNTY, FLORIDA
By.
BURT L. SAUNDERS, Chairperson
"ru*-a%
Date 2025
ATTEST:
CRYSTAL K. KINZEL, Clerk of the
Circuit Court & Comptroller
Deputy Clerk
Approved as to form and legality:
DEREK D. PERRY. ESQ.
Assistant Cou nty Attorney
3
Last Revised 2123123
qo
Page 1172 of 2218
COLLIER COUNTY
TRANSPORTATION MANAGEMENT SERVICES DEPARTMENT
ROAD,BRIDGE & STORMWATER MAINTENANCE DIVISION
2885 Homeshoe Drive South, Napl€s Florida 34 104
Phone: 239-252-8924 Fu 239-774-6406
File No:
23046E
SCALE:
1 30'
hojct No:
COLUER AVENUE08-15-2024
[)rte:
SKETCH AND DESCRIPTION OF PROPOSED DRAINAGE EASEMENTrE-Row ,l24DE
LEGAL DESCRIPTION 8128124
BEING A PORTION OF EVERGLADES SEABOARD VILLAS PHASE IV A5 RECORDED IN PIAT
BOOK 43 PAGES 72.73 RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FI-ORIDA
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 16 ACCORDING TO EVERGLADES SEABOARD
VILTAS PHASE IV A5 RECORDED IN PLAT BOOK 43 PAGES 72-73 RECOROED IN THE PUBTIC RECORDS
OF COLLIER COUNTY, FLORIDA ON THE EASTERLY RIGHT-OF-WAY LINE OF COTTIER AVENUE (STATE
ROAD 29).5AlD POINT EEING THE POINT oF BEGINNING; THENCE LEAVING sAlD EASTERTY
RIGHT-OF-WAY ALONG THE NORTH LINE OF SAIO LOT 16 SOUTH 89'16'15" EAST A DISTANCE OF
5,33 FEET; THENCE AIONG SAID WESTERTY LINE OF SAID LOT 1 ALONG THE ARC OF A CIRCULAR
CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 583.26 FEET; THROUGH A CENTRAL
ANGLE OF OO'59'02" sUBTENDED BY A CHORD WHICH BEARS SOUTH O2'31'30" EAST A DISTANCE
OF 10.02 FEET; THENCE NORTH 89'16'1s' WEST A DISTANCE OF 7.13 FEET ATONG THE SOUTH tlNE
OF A EXISTING UTILITY EASEMENT EXTENDED THROUGH LOT 16 TO SAID EASTERLY RIGHT-OF.WAY;
THENCE CONTI NUE ALONG SAt D EASTERLY RIGHT-OF-WAY LINE NORTH 07"42'43" EAST A
DISTANCE OF 10.07 FEET TO THE POINT OF BEGINNING.
CONTAINING 52.17 SQUARE FEET MORE OR LESS.
SEABOARD VILLAS
TIMITED PARTNERSHIP
o.R.2448 PAGE 1367
EXHIBIT ''A"
PAGE 1 OF 1
GRAPHIC SCALE
( IN TEET )
1 irrs6 = 30 !L
A 1/2 X 14 Not t Scale
PROPOSED DRAINAGE EASEMENT
s 89"16'15" E
THIS IS NOT
A SU RVEY
LAKE PLACID
5.33
P.O.
N 07"42',43" E
10.07
a'
LUur^afxi sZn2v<e<v=
* rr.r ,-
=t-^ikYaE=L'(9
e 16
2
2. BEARINGS ARE BASED ON THE EAsTERLY RIGHT-OF.WAY LINE
oF corLrER AVENUE (STATE ROAD 29) BETNG NORTH 07'42'43"
EAST. BEARINGS ARE EASED ON THE STATE PLANE COORDINATE
SYSTEM ESTABLISHED BY THE NATIONAL GEODETIC SURVEY FOR
FLORIDA EAST ZONE, 1983 DATUM WITH 2011 ADJUSTMENT.
3. NOTVALID WITHOUTTHE ORIGINAT RAISEDSEALOFA
FLORIDA LICENSED SURVEYOR AND MAPPER.
4. ABSTRACT NOT REVIEWED
5. LEGEND:
P.O.B. = POINT OF BEGINNING
P.O.C. = POINT OF COMMENCEMENT
THOMAS J, ANDERSON, P.S.M
FLORIDA SURVEYOR & MAPPER LS 5604
ROAO MAINTENANCE COUNTY SURVEYOR
PREPARED BY
jtw,a4 /v,)-4::-,:::
EXISTING 1O' UTITLIW EASEMENT
EVERGT.ADES SEABOARD VITIAS
PHASE IV
PIAT BOOK 43 PAGE72.73
1
N 89'r6'15',W
7.13
Curve Toble
Curve I Length Rodius Del to Chord Eeoring
C1 10.02 583.26 00'59'02"10.o2 so2'31'30"E
q,
GENERAL NOTES:
1. DIMENSIONSARE IN FEETAND DECIMALSTHEREOF.
Page 1173 of 2218