Agenda 01/13/2026 Item #16B 3 (Agreement for the donation of a drainage easement (Parcel 120DE) required for the Everglades City Drainage Improvement Project)1/13/2026
Item # 16.B.3
ID# 2025-4928
Executive Summary
Recommendation to approve an Agreement for the donation of a drainage easement (Parcel 120DE) required for the
Everglades City Drainage Improvement Project. (Estimated Fiscal Impact: $100)
OBJECTIVE: To acquire a drainage easement needed to improve existing stormwater drainage on Collier Avenue in
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 120DE (the “Parcel”) needed for the Project is being donated to
the County by the property owner. The improved parent tract is located along the east side of Collier Avenue and is
owned by Theodore and Sheryl Lock. The Parcel is 750 square feet in extent, is rectangular, and is located on the
south side of the parent tract. An aerial photograph of the subject property is attached. Staff 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 for estimated miscellaneous closing and recording
fees. Funding is available in the Stormwater CIP Fund (3050), Project 50180. The source of funding is the general fund
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. - SAA
RECOMMENDATION(S):
1. Approve the attached Agreement and authorize the Chairman to execute same on behalf of the Board;
2. Accept the conveyance of Parcel 120DE 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: Prepared By Ronald Thomas, Property Acquisition Specialist I, Right of Way Acquisition,
Operations and Performance Management Division.
ATTACHMENTS:
1. Agreement 120DE
2. Aerial - Parcel 120DE
Page 6235 of 14062
PROJ ECT: 77777 -Road Maintenance
PARCEL: 120DE
FOLIO: 84089999705
EASEMENT AGREEMENT
THIS AGREEMENT ("Agreement") is entered into this _ day of 2025, by and between
THEODORE F. LOCK and SHERYL D. LOCK, husband and wife, whose mailing address is PO Box
7133, Bloomington, lN 47407 ("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 498 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 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 electricalfacilities, and all other types of water controland
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, 2BB5 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"):
QqO
1
Page 6236 of 14062
a)
b)
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.
c)
(d)
(e)
(0
(g)
(h)
li
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. County's Closinq 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 andior processing fees."
B. Owner's Closino 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. Assiqnment. The parties shall not asslgn 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. 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. 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
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Page 6237 of 14062
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
TH F. LOCK
Date:2025 COUNTY
By
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
BOARD OF COUNTY COIVIVIISSIONERS
COLLIER COUNTY, FLORIDA
By
BURT L. SAUNDERS, Chairperson
Last Revised 2123123
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SHERY(P. Locd/ -
Page 6238 of 14062
Filc No:
23046F
Prcjcct No:
COLLIER AVENUE08-19-2024
[)atc:SCALE:
1" = 30'
SKETCH AND DESCRIPTION OF PROPOSED DRAINAGE EASEMENT
rE-Row 12ODE
LEGAL DESCRIPTION 8128124
BEING A PORTION OF EVERGLADES SEABOARD VILLAS PHASE III IN PLAT BOOK 40 PAGE 58
RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNW, FTORIDA AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 25 ACCORDING TO SAID EVERGLADES SEABOARD
VILLAS PHASE III AND BEING THE EASTERLY RIGHT.OF-WAY LINE OF COLLIER AVENUE (STATE ROAD
29) SAlD POINT BEING THE POINT OF BEGINNIN6; THENCE N OO'14'14" EAST A DISTANCE OF 7.50
FEET ALONG SAID EASTERLY RI6HT-OF-WAY TO A POINT ON THE NORTH LINE OF A EXISTING 7.5
FOOT DRAINAGE EASEMENT ON SAID LOT 25. THENCE TEAVING SAID EASTERTY RIGHT-OF-WAY
ALONG SAID NORTH LINE OF EXISTING DRAINAGE EASEMENT SOUTH 89"45'45'' EA5T A DISTANCE
OF 100.00 FEET TO THE EASTERT Y LINE OF SAID LOT 25; THENCE CONTINUE ATONG SAID EASTERLY
LINE OF LOT 25 SOUTH OO'14'14' WEST A DISTANCE OF 7.50 FEET TO THE SOUTHEAST CORN ER OF
SAID LoT 25; THENCE NORTH 89'45'46" WEST A DISTANCE OF 100.00 FEET ALONG THE SOUTH LINE
OF SAID TOT 25 TO THE POINT OF BEGINNING.
CONTAINING 75O.OO SQUARE FEET MORE OR LESs.
EXHIBIT "A"
PAGE 1 OF _1_
GRAPHIC SCALE
( D{ rEEr )
1 inch = 30 tLI l/2 x L4 Not to Scale
1
24
THIS IS NOT
A SU RVEY
LAKE PLACID
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N 00"14'14" E
7.50
P.O.
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7.50
SEABOARD VILLAS
LIMITED PARTNERSHIP
o.R.2448 PAGE 1367
PR5PARED BY: ,.
GENERAL NOTES:
1. OIMENSIONS ARE IN FEET AND DECIMATS THEREOF.
2. BEARINGS ARE BASED ON TH E EASTERLY RIGHT.OF.WAY LINE
oF coLLtER AVENUE (STATE ROAD 29) BETNG NORTH 00.14'14'
EAST. BEARINGS ARE BASED ON THE STATE PLANE COORDINATE
SYSTEM ESTABLISHED BY THE NATIONAL GEODETIC SURVEY FOR
FI.ORIDA EAST ZONE, 1983 DATUM WITH 2011 ADJUSTMENT.
3. NOTVALIDWITHOUTTHE ORIGINAL RAISED SEALOFA
FLORIOA TICENSED SURVEYOR AND MAPPER.
4. ABSTRACT NOT REVIEWED
5. LEGEND:
P.O.B. = POINT OF BEGINNING
THOMAS J. ANDERSON. P.S,M-
FLORIOA SURVEYOR & MAPPER LS 5804
ROAD MAINTENANCE COUNTY SURVEYOR
COLLIER COUNTY
TRANSPORTATION MANAGEMENT SERVICES DEPARTMENT
ROAD,BRIDGE & STORMWATER MAINTENANCE DIVISION
2885 Florseshoc Drive South, Naples Florida 34104
Phone: 239-252-8924 Fax239-714-6406
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EVERGLADES SEABOARD VILI.AS
PHASE III
PLAT BOOK 40 PA6E 58
< gaq'lr, r '6 M l
EISTING75 LFAIilAGIIASIMINI I
I
25
PROPOSED DRAINAGE EASEMENI
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A
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Page 6239 of 14062
AERIAL – PARCEL 120DE
(Everglades City Drainage Project)
/
PARCEL 120DE
Page 6240 of 14062