Loading...
Backup Documents 10/27/2009 Item #16D 2 1602 MEMORANDUM DATE: January 6,2009 TO: Cindy Erb, Sf. Property Acquisition Specialist Real Estate Services FROM: Ann Jennejohn, Deputy Clerk Minutes and Records Department RE: Access Easement Agreement with Caribbean Venture of Naples, LLC extending an existing easement over Collier County property Attached is the original easement agreement, referenced above (Item #16D2) approved by the Board of County Commissioners on October 27, 2009. After recording please forward the original back to the Minutes and Record's Department so it may be kept with the Board's Official Records. If you should have any questions, please contact me at 252-8406. Thank you. Attachment 1602 Ann P. Jennejohn From: Sent: To: Subject: erb_c [CindyErb@colliergov.net] Wednesday, January 06,20109:16 AM Ann P. Jennejohn RE: 16D2 10/27/09 Hi Ann and Happy New Years! We will need the original back so that we can record it....1 thought I put a sticky note on the pink slip... .maybe it was removed in transit? Anyway, you are right that Agreements aren't usually recorded, however, in this case, it will be. The developer is paying for the recording, and I am waiting to hear from Parks and Rec regarding action on the check that the developer gave us for the purchase price of the easement and recording fees. As soon as we receive the original recorded document, we will forward it to your office for safe keeping. If you have any questions, please advise. Thank you!!! Cindy M. Erb Cindy M. Erb, SRIWA Senior Property Acquisition Specialist Collier County Real Property Management 3301 Tamiami Trail East - Building W Naples, FL 34112 Telephone Number: 239-252-8917 Fax Number: 239-252-8876 From: Ann p, Jennejohn [mailto:AnnJennejohn@collierclerk.comj Sent: Wednesday, January 06, 2010 9:01 AM To: erb_c Subject: 16D2 10/27/09 Happy New Year Cindy! I'm processing your "Access Easement Agreement" between the County and Caribbean Venture of Naples. Can I return a copy to you, or do you need the original back? Because those agreements generally aren't recorded, I thought I'd better ask........ If you could let me know when you get a minute, that would be great @ Thank you. Ann J ennejohn, Deputy Clerk Clerk to the BCC/VAB Collier County Minutes & Records Dept. 239-252-8406 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING sl~ D 2 TO ACCOMPANY ALL. ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE . Print 011 pin.\: paper. All:1d1 to arigiIml d~~' 0rigin.U d~m~... 3lIauld be I1and delivcmi to tilt: Board 0t'Iice. Thc_plded routing ,Up and original "~~.,. are OJ be. fctwm!<d. OJ tilt: Board Otlicc only.!!!a: t!u: Board has OIb:u.aaiolI. on tilt: ilcm.) . . .. . .. '.' ROUTING SLIP . Compll:te l"OlIling lines #llllrough 114 as ~ for additiaW sigaam=, data, and/or infbImation needcd..lf t!u: d""'';;~, u :Ureu!y OllIlpl= wirl1 t!u: ..''==:pdon aftllt: ~'! . cfnwaline tbroaltl roctio. lines #\ tbroa.n#4, comcIcn:: tilt: c:l!e.:tJUt md l'cr.wrd OJ Sw<Filscn (line 415). Route to Addressee(s) . Office Initials Date . (Ilstinroutinll'onlcr)' ." . 1.' --." I ',----, 1,.... " 2. .. 3. . . " 4. .. ....". ..,-' '~~:>-c./-" - ~............ --" .... ..-"""'-- .... ~ , /,' /IJL I ,. . , /S / to ----- PRIMARY CONTACT- INFORMA nON (The primmy - u <he bolder of <he origiDal dccmncll, peoding Bce approYlll. N=1Iy tilt: primmy CODOu:t is <!Ie p""'Ol1 wbo ~ <he cxCClltive SllDU2Wy. Primary COlIma: iatormatioa. is I1CCded. in lhc event one of cbc ~ 3bovc, incJuding Sue filson. .aced to c:oaClCt ~ for additiaaal or missing infcrmatioa. All original ...0"".....-,.... necctinglbe Bce Oairmau'! signamrc are ca be deLivered [Q tb.e Bee office only:tfD::r the Bce has a.ctI:d. to approve the iClmL) Name of Primary Scaff Contact Agenda Date .!rem was A ved b the BCC Type of Document Awu:hed 5. Sue. nIaan. Executive Manager 14N fl111c.Hecl.... Minutes and Records Board of County Commissioners .', '\-; .. Pc} I . '..X./" 1...../ Yes (Initial) N1A (Not liable) 6. Ocr.k: of Court's Office 1 'I'; CI.I(> }')/;1 I <.J ','/Y'~ Ct. J_,___ '" ,t" (' 'I'."r; .r 1/-..... ,i"/ r1 l!mi-/ Phone Number Agenda Item Number . __----=- ~ County l'ot=I Bee FornuI. 0'ginal D= Rooting Slip WWS Ori&ll>'!.~,03:()<, Revised L~6;05. RevUod 2..24.05 Number af Original Documents Attached 6. INSTRUCTIONS & CHECKLIST Initial the Yes column or marl:: '"NI A" in the Not Applicable column. whichever is a 1.. Original document has been signedl"mitiaIed fer legal sUfficiency. (All documents to be sjgned by the Chairman, with the exception af most Ie=. .= be reviewed ami signed oy the Oflice at the County AI1omt:.y. This includes signature pages from ordinances. resolutions. et<:. signed by the County Allorney's Office and signature pages from contracts. agreements, et<:. that bave been fully =uted by all parties except the BCC Chairman ami CIeri: to the Baw ami I Stue Oflicials.) All bandwritten.strm:-throagh and revisions have been initia.led by the County ~y.' s Office ami all other arties t the Bee Cbaitman and the Ck:rJc to the Baard The Chainpan's signature 1ine date has been entered as the date afBCC approval of the document or the fina1 ne dated contr2ct date whichever i3 licable. "Sign hece" tabs are placed on tile appropriate pages indicating where the Chairman's si ami initiaI:s are In most cases (some contracts are an exception), the original document ami this routing slip should be provided to Sue Filson in the BCC office within 24 houn afBCe approval. Some documents are time sensitive ami reqn:ire 'forwarding to Tallahassee within a certain time frame or the BCC's actio"" are nu.llificd. Be aware of our deadlines! The docmnent was approved by the Bee on..l.!<.I.l.lI1',' 'J (enter date) and all changes made during the meeting have been incorporatJ!d ill. the attached docnment. The eonn Attnrn '. Office bas ""viewed the e!, if a Hcable. 2. 3. 4. 5. Caribbean Venture of Naples, LLC Access Fasement Extension 16D2 ACCESS EASEMENT AGREEMENT pb THIS ACCESS EASEMENT AGREEMENT is made this ,).1 day of ""-J (f ~./ 2009, by and between COLLIER COUNTY, a political subdivision of the StateifFiorida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, its successors and assigns, (hereinafter "County"), and CARIBBEAN VENTURE OF NAPLES, llC, a Florida limited liability company, whose mailing address is 5801 Pelican Bay Boulevard, Suite 300, Naples, Florida 34108-2709 (hereinafter "CVN"). WIT N E SSE T H: WHEREAS, County owns that certain real property located in Collier County, Florida and described as: All of Lot 97 of Naples Improvement Company's Little Farms Subdivision, lying south of Golden Gate Parkway, according to the plat thereof recorded in Plat Book 2, Page 2, in the Public Records of Collier County, (hereinafter "County Property"); WHEREAS, CVN owns that certain adjacent real property in Collier County, Florida and described as: The North Y. of North Y. of Section 35, Township 49 South, Range 25 East, being at the Northwest corner of the Section and run East 1398.25 feet; thence South 64 degrees West 1555.06 feet; thence North 664.01 feet to the place of beginning (hereinafter "CVN Property"); WHEREAS, County had previously granted a perpetual non-exclusive easement for the construction, operation and maintenance of roadway, drainage, sidewalk, bike path, an 8-foot chain link fence and utility facilities over, across and upon the eastern portion of the County Property which is recorded in Official Records Book 4097 Page 661 in the Public Records of Collier County, Florida (hereafter "ROW Easement"); WHEREAS, CVN requests an extension of the ROW Easement for the construction, operation and maintenance of roadway, drainage, sidewalk, bike paths, 8-foot chain link fencing, and utility facilities over, across and within Exhibit "An (hereinafter "Easement Area"); WHEREAS, the parties contemplate that reconfiguration or revocation of this easement may be desired to facilitate County's or CVN's final plans; and 1 1602 WHEREAS, County wishes to grant said easement subject to the terms and conditions contained hereinbelow. NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged by each party, it is hereby agreed between the parties. 1 , Recitals. The foregoing recitals are true and correct and incorporated herein by reference. 2, Easement. County does hereby grant to CVN, a perpetual, non-exclusive easement for the construction, operation and maintenance of roadway, drainage, sidewalk, bike paths, 8-foot chain link fencing, and utility facilities over, across and within Easement Area. 3. Use of Roadwav. Under no conditions shall CVN construct, install, operate or maintain any structure, gate, device or improvement that controls, limits, or deters public access in any way on any portion of the Easement Area, except that a chain link fence, up to eight (8) feet in height, is expressly allowed along the eastern boundary of the Easement Area. Underground utilities may be permitted within the Easement Area. 4. Desion of Roadwav. All plans for the construction of the roadway and associated improvements shall be presented to the County Manager, or his designee, prior to CVN's submittal for development approval for his review and approval, which approval will not be unreasonably withheld. The parties acknowledge and agree that this approval of the roadway design is a condition of granting of this easement and shall not be construed as part of the County's required development review or a waiver of any provision of the Collier County Land Development Code. 5, Construction of Roadwav. The construction shall be at the sole cost and expense of CVN and shall comply with all federal, state and local laws, ordinances, statutes, rules and regulations. 6. Maintenance of Roadwav. CVN shall have the sole responsibility to maintain and repair in a proper, substantial, and workmanlike manner, the roadway and all associated improvements, unless or until the roadway is formally accepted by the County for purposes of maintenance, which responsibility may be assigned. 7. Reservation. County reserves the right to use the Easement Area and all completed improvements for public access and in any manner that does not materially interfere with the rights granted herein to CVN. 8. Indemnification. CVN shall indemnify, defend, save and hold harmless County from and against any suits, demands, claims, liability, losses, penalties, damages, judgments, orders decrees, and costs and expenses (including attorneys fees and all costs of litigation) for property damage, liability, bodily injury or death which may result from or arise out of any willful misconduct or negligent act, error, or omission of CVN, its employees, officers, agents or invitees, which occurs or is alleged to have occurred, with respect to the design and construction of the roadway improvements. 2 16D2 9. Termination. In the event the entire roadway corridor created by this Easement and the ROW Easement (collectively referred to as "Roadway Easements") is not substantially completed within six (6) years of the recordation of this Easement, said Roadway Easements shall automatically terminate and be of no further force or effect. In this event, County may record a Notice of Termination. This paragraph is intended to extend the period to construct the roadway under Paragraph 9 of the ROW Easement. 10. Benefit/Burden. The easement and the rights and obligations created hereby shall run with the land, shall be a benefit to the CVN Property and a burden to the Easement Area, and shall inure to the benefit and burden of the CVN and County, and their respective successors and/or assigns. 11. Location of Easement not determinative as Access. The parties both acknowledge and agree that CVN has requested the location of the easement without the County having formally approved the location or character of any future access to and from GOlden Gate Parkway. Nothing contained herein shall be construed as consent or approval to the location of an access connection to GOlden Gate Parkway. IN WITNESS WHEREOF, the County and CVN have respectively caused these presents to be executed the date and year first above written. ATTEST: DWIGHT e. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I, , , ~t ~C~A1( ", ,'Dep Clerk II~,-~ . ' ~ I ~ ,qll"tur, 'Jill' WITNES$ES: / / / BY: I . ,. t' DONNA FIALA, Chairman /"4A.l/ If (1/(' [ '7;:> l / ;' .. CARIBBEAN VENTURES OF NAPLES, LLC a Florida limited liability company BY: LUXURY HOMES INVESTMENTS, LLC (Printed Name) a Florida limited liability company, its Managing Member By:ii!{)~t/J~:~/]J THOMAS H. OUVERSON, as Managing Member r\ ~ ' ~L\"T'v....l...;, ~mpLC (Signature) _' )):, ~',\-rL~I~ L It+re/~j (Printed Name) 3 16D2 STATE OF FLORIDA COUNTY OF COLLIER , The foregping instrument was acknowledge before me, this ~ day of A ?I(ti 'j I ,2009, by Thomas H. Ouverson, as Managing Member, on behalf of luxury Homes Investments, LlC, a Florida limited liability company, as Managing Member of Caribbean Venture of Naples, lLC, a Florida limited liability company, who is: ('/ personally known to me OR ( ) has produced identification. as evidence of (affix notarial seal) G) DEIlOIWt"WTTIBJ. i ' MY COMMISSKJH, 00_ : EXPIRES:_3,2012/ -11wu~NIIc_ Q!'"',,~ ~dluL ( ignature of Notary P IC 'ueJ-YJp1 h ~ - L( {tf-rt> j I (Print name of Notary ublic) . NOTARY PUBLIC Serial/Commission # : if any My Commission Expires: Approved as to form and legal sufficiency: .t.t oil A 00 eldl Ashton-Clcko Assistant County Attorney 4 ~ ~ . ! UJJ2 "/1 /1 EXH I B I I.cr:.:.:.: '_w - Z o -0 ~ ~ s;: ::;; '" -< (J) ;o~ r .. )\!CO:ji:. 0;0 Or1J 0 00 jiE",;o-l 'r:1 0 C'-",.,,< '" . )>rTl(!) ;0- A13: r.o lJ~,." ""-J (')C))>(J)Z o~f;l ..... c (') ~ '" q !" N QfTJ5'S4"E 2M.1 J PROPOSED RIGHT-Of-WAY EASEMENT S 00' J5'~"W 270,00 E:AST LINE SECTION 3' o ~ Z '" o~ ;~ )>- 1JCO rCO [:l~ , Z r he;; Z -i C ;0 ,.., 711 - -.. 1._ .1 '31V:lS 8 I !1!s:isss!:!llj; ~ ~bli~fSiJf~~;jj~ J ~~~~~!g~~~i~lj~~ ~ ! ~: ~!~;i:~jllfSI.~ ~~~I~E w ,~ ~~~~~ ~~. 8~~ ~ ~ ~~ ~ ~ S~~~~~-~~~~! !~~ ~~ ~ ~a"i~fl!'l~"!" a ~.~"g~!f ~~ :~SS~~~~'; ~~ i~~~~~ ~8 ~5z~~5l:.'t ~.J~ ai. i:: j~ g~I~~~~~ ~~~~ j ?l. ",'t.;g~ f. ~ !il g;o~ih~~ oill5 Ei ah~;:J~~!a ~il Y' .. ~.... c .... 21 l'l~" ~~iIi "e~ ill i~ 8i~ ~~ ... M% 'i" g~~.9 . :" .. , - --- ~ --. - <if!' '\.~ ~J .~ ....~ (,oj", S 00'3S'S4"W 120.01 .,.. --J - ~II~' ~ ~.I ~.. ~~ i' !'l ~U ~.. "'. .~ ~ ?i"''',:aBSlISf <;l ,mil i: i ~~~~~I=:I ~.!;i~i~~i :,,~u. ~~~ ~~ g~~~' ~ ;g~ ;"g! ~ ~~ .;. ~ <: ~~ill!'l ::! ~.~ ~ ~, . l<l<: 2 ~ @o ~ !'l ,~. .Ii "~ ? ~. i