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Caribbean Venture, LLC Parcel 3 Uility Easement Agreement Naples Zoo - Parcel 3 Folio #61940320009 UTILITY EASEMENT AGREEMENT THIS EASEMENT, is made and entered into this ~ day of January, 2006, by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County"), and CARIBBEAN VENTURE OF NAPLES, LLC, a Florida limited liability company, its successors and assigns, whose mailing address is 5801 Pelican Bay Boulevard, Suite 300, Naples, Florida 34108-2709 (hereinafter referred to as "CVN"). WIT N E SSE T H: WHEREAS, County by deed dated December 19, 2005, and recorded in Official Record Book 3950, Pages 2584 through 2587, purchased approximately 129.981 acres of land in Collier County, Florida, from The Trust for Public Land, a non-profit California corporation, a portion of which is described as: Lot 6 of Naples Improvement Company's Little Farms Subdivision, less additional road right-of-way for Goodlette-Frank Road, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court, recorded in Plat Book 2, Page 2, in the Public Records of Collier County, Florida. WHEREAS, The Trust for Public Land reserved unto itself, its successors and assigns a non-exclusive easement for perpetual access and egress over the North 60 feet of the West 950 feet of the above described property; and WHEREAS, The Trust for Public Land did by deed dated December 19, 2005, recorded in Official Record Book 3951, Pages 3725 through 3728 convey unto the Grantee certain lands in Collier County, Florida, and assign therein to CVN its interest in and to said 60-foot wide non- exclusive easement described in the preceding paragraph. NOW THEREFORE, in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration paid by CVN, the receipt and sufficiency of which is hereby acknowledged, County and CVN agree as follows: 1. The foregoing recitals are true and accurate and are incorporated herein by reference. 2. County grants unto CVN a non-exclusive easement over the North 60 feet of the West 950 feet of Lot 6 of Naples Improvement Company's Little Farms Subdivision, as described above, for the construction, operation and maintenance of utility facilities, subject to the following terms and conditions: (a) CVN's use of this easement shall in no way interfere with or hinder the County's use of the 60 foot-wide easement area for ingress and egress to its adjoining lands. (b) The location of said utility facilities is subject to the prior written approval of the County, and CVN agrees to submit its site plan showing the precise location and nature of facilities to the Administrator of Collier County Public Services Division, or her designee, for her consideration and review. 3. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the parties have caused these presents to be executed as of the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA y>~-/ By: f\<A~~\\ALA s.. ,Chairman ..~.~ ~y: .': . .... I.O.L. ". .~*' . '.' '.. .... Clerk ......t.1S . " " . " ~" ..t.,;' , . " ') b < I." .~..;:. - ,t:- "." . -,' - . - ~~ WITN S: '1 ~/ .fC ~ &. ig2ijureS' j LA~ k./ .74-- rr rr rr r Print Name (',. CARIB~/EAN VENTURE OF NAPjES, LLC BY:~ OMES INVESTM!NTS, LLC, Its , ,I ~1t4IV' By: N omas H. Ouverson Ti : Managing Member STATE OF FLORIDA COUNTY OF COLLIER The foregoing Easement Agreement was acknowledged before me this I ~ day of January, 2006 by Thomas H. Overson, on behalf of Luxury Homes Investments, LLC, as Managing Member of CARIBBEAN VENTURE OF NAPLES, LLC, a Florida limited liability company. He is~ersonally known to me or has produced as identification. WITNESS my hand and official seal this /C) day of Jan ., (affix notarial seal) '~i ... ,,'~:;,?N:i.., DEBORAH A. LUTTRELL t!t~.\''$:e:-: MY COMMISSION # DD 334797 ~,~'..JJh.;d EXPIRES: November 3,2008 .....:.:l~~e~':'~.. Bondi3ci Thru NotAry F'uDlIO Underwriters '~~,-- ::;- .-' .~,.. (Print Name of Notary Public) Serial/Commission #:(if any) My Commission Expires: