Caribbena Venture, LLC ROW Easement Agreement
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I: Formsl eounty Formsl Bee Formsl Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05. Revised 2.24.05
RIGHT .fJF.WA Y EASEMENT AGREEMENT
~~ THIS RIGHT -OF-WA Y EASEMENT AGREEMENT is made this =r rhaay of
, 2006, by and between COLLIER COUNTY, a political subdivision of the State of
lorida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112,
(hereinafter "COUNTY") and CARIBBEAN VENTURE OF NAPLES, LLC.,a Florida
limited liability company, whosemalllngaddressis5801PelicanBaYBoUlevard.Suite
300, Naples, Florida, 34108-2709 (hereinafter "CVN").
WIT N E SSE T H T HAT:
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 located in Collier
County, Florida and described as:
The North ~ of North ~ of Section 35. Township 49 South, Range 25 East, being
at the Northwest comer 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, CVN desires to develop the CVN Property as a residential
community but has no over-land access;
WHEREAS, CVN desires to design and construct a roadway, with associated
drainage and utility facilities, 8-foot chain link fencing, and pedestrian and bicycle
pathways along the eastern portion of the County Property, to serve as a public facility
providing both access to the CVN Property and the County Property;
WHEREAS, the construction of the roadway and associated features will benefit
the public by providing a means of access over the County Property at no cost;
WHEREAS, CVN has requested 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;
WHEREAS, the parties contemplate that reconflguration or revocation of this
easement may be desired to facilitate County's or CVN's final plans; and
WHEREAS, County wishes to grant said easement subject to the terms and
conditions contained hereinbelow.
NOW, THEREFORE, in consideration of the sum ofTEN 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 upon
the following described lands, and subject to the terms and conditions contained herein:
East 60 feet of that part of Lot 97 of Naples Improvement Company's little Farms
Subdivision, according to the plat thereof recorded in Plat Book 2, Page 2, in the
Public Records of Collier County, lying south of Golden Gate Parkway and within
Section 27, Township 49 south, Range 25 East, Collier County, Florida;
AND
North 120 feet of the East 120 feet of Section 34, Township 49South, Range 25
East, Collier County, Florida; being and lying within Lot 97 of Naples
Improvement Company's Little Farms Subdivision, according to the plat thereof
recorded in Plat Book 2, Page, 2, Public Records of Collier County, Florida.
(hereinafter "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 the 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, ordinance,
statutes, ordinances, rules, and regulations.
6. Maintenance of Roadwav. Grantee 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.
9. Termination. If the roadway is not substantially completed within six (6)
years of the date of this Easement, this Agreement shall automatically terminate and the
easement contained herein shall be of no further force or effect. In this event County
may record a Notice of Termination.
10. BenefiUBurden. 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, Oferk
at'~ ~.O.(.
.',~ ,~', ' , ,', O!put.;. Clerk
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUN~DA
~ .~
By: - ~~~.-/
Frank Halas, Chairman
CARIBBEAN VENTURES OF NAPLES, LLC
&Ab~~ ~~-'
Signature ,. "IJA
(!~-"'--rtJ 0. IflellJAtlJ)
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Print Name
By:
WITNESSES:
.9 verson
Managing Member
STATE OF FLORIDA
COUNTY OF COLLIER A d
The foregoing instrument was acknowledged before me. thi;ri1--aay of ~
2006, by THOMAS H. OUVERSON, on behalf Luxury Homes Investments, LLC, as
Managing Member of ~~EAN VENTURE OF NAPLES, LLC, a Florida limited liability
company, who is y"'-1 personally known to me or ( ) has produced
as evidence of identificaf .
(SEAL)
$~~ REBECCA PARATORE
~{~i11 MY COMMISS.ION # DD 417346
~t~$ EXPIRES. July 4,2009
.J/f.,r,l. Bonded Thru NolIry Pulllic UndIrwrllenI
OT ARY PUBLIC
Name:
(Type or Print) J I h-.f 1
My Commission Expires:' 4 V'\
Approved as to form and legal sufficiency:
I~v~
'Ellen T. Chadwell
Assistant County Attorney