Backup Documents 05/12/2015 Item #16A19 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIT 6 A 19
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting. ss
**NEW** ROUTING SLIP T Ord rx, S�S
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAK 5/12/15
4. BCC Office Board of County P-'
Commissioners .5/ c,l4 `c
5. Minutes and Records Clerk of Court's Office
6I1 15
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Kevin Hen cks,Transportation Phone Number 252-5844
Contact/ Department Engineerin ivision,
Agenda Date Item was 5/12/15 Agenda Item Number
Approved by the BCC \L - - `q
Type of Document Temporary Use Agreement-Ackerman Number of Original One
Attached Documents Attached
PO number or account PLEASE CONTACT KEVIN
number if document is HENDRICKS-HE WILL RECORD
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? JAK
2. Does the document need to be sent to another agency for additional signatures? If yes, JAK
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAK
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 5/12/15 and all changes made during the JAK
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the K ,\
BCC,all changes directed by the BCC have been made,and the document is ready for e
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16A19
INSTR 5123260 OR 5152 PG 2235
PAGES 5
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
RECORDED 5/18/2015 9:17
2
PROJECT: County Barn Road COLLIER COUNTY FLORIDA
FOLIO No: 00427440007 DOC@.70$0.70 REC$44.00
TEMPORARY USE AGREEMENT
THIS TEMPORARY USE AGREEMENT (hereinafter referred to as the
"Agreement") ") is made and entered into on this , day of aV\6:
2015, by and between DELBERT ACKERMAN, an un-remarried widow, whose mailing
address is 5610 Cynthia Lane, Naples, Florida34112-2309 (hereinafter referred to as
"Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida
(hereinafter referred to as "County"), whose mailing address is 3299 Tamiami Trail East,
do the Office of the County Attorney, Suite 800, Naples, Florida 34112.
WHEREAS, Owner is the record title holder to the North One Half (N '/2) of the
South One Half (S 1/2) of the Northwest One Quarter (NW '/4) of the Northwest One
Quarter (NW 1/4) of Section 17, Township 50 South, Range 26 East, LESS the West
1,085 feet thereof, LESS the East 50 feet and the South 20 feet thereof for Right-of-
Way (hereinafter referred to as the "Subject Property"); and
WHEREAS, pursuant to the Order of Taking signed by Circuit Court Judge,
Lawrence D. Martin, (Case No. 06-1124-CA) and the timely deposit into the registry of
the court of the sums set forth in the Order of Taking, County acquired a 27 foot
Perpetual Non-exclusive Road Right-of-Way, Drainage and Utility Easement (Parcel
113), a 13 foot Perpetual Non-exclusive Drainage and Utility Easement (Parcel 813),
and a 10 foot Perpetual Non-exclusive Utility Easement (Parcel 913) over, under, upon
and across the east 50 feet of the Subject Property for the purpose of expanding County
Barn Road from two lanes to four lanes; and
WHEREAS, pursuant to the Mediated Settlement Agreement between Owner and
County, Owner later conveyed to County a Perpetual Non-exclusive Road Right-of-
Way, Drainage and Utility Easement over Parcels 813 and 913, conveyances which
were later ratified by Stipulated Final Judgment entered with the Court and recorded in
Official Records Book 4339, at Page 1420,; and
WHEREAS, Owner desires to use a portion of the fifty (50) foot perpetual Road
Right-of-Way, Drainage and Utility Easement on a temporary basis with the full
understanding that said temporary usage rights will terminate upon notice from the
County; and
WHEREAS, County will permit Owner to use a portion of the fifty (50) foot
perpetual Road Right-of-Way, Drainage and Utility Easement temporarily, until such
time as County utilizes the temporary use area depicted on Exhibit "A" (attached hereto
and made a part hereof); and
16A19
Page 2
WHEREAS, County and Owner agree that there will be no fee, charge or payment
to County in exchange for Owner's temporary use of a portion of the County's fifty (50)
foot perpetual Road Right-of-Way, Drainage and Utility Easement.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. RECITALS - All of the above recitals and Exhibits are true and correct and are
hereby expressly incorporated herein by reference as if set forth fully below, and are
made a part of this Agreement.
2. EFFECTIVE DATE - This Agreement shall be effective as of the date first set forth
above and shall inure to the benefit of and be binding upon the parties hereto and their
respective heirs, executors, personal representatives, successors, successor trustees,
and/or assignees, whenever the context so requires or admits.
3. TERMINATiON - County has the unilateral right to terminate this Agreement at will
by providing Owner with one hundred and eighty (180) calendar days notice of its intent
to construct and/or install improvements in the temporary use area depicted on the
Exhibit attached hereto. Any and all improvements located within the temporary use
area at the end of the 180 day notice period shall be deemed to have been abandoned
by Owner and may be removed and disposed of by County with no payment to or
recourse by Owner.
4. HOLD HARMLESS & INDEMNIFICATION — OWNER agrees to release from liability,
and to hold harmless COUNTY, it's employees and agents against any and all claims
brought by or on behalf of the OWNER, its employees, contractors, any person, or other
legal entity which may arise from the OWNER'S use of the demised premises and will
further hold harmless, indemnify and defend the COUNTY, its' agents, participants,
contractors or employees, from all costs, attorney's fees, expenses, and liabilities
incurred as a result of any claim or proceeding brought thereon.
5. LEGAL MATTERS — In the event either party hereto shall institute legal proceedings
in connection with, or for the enforcement of, this Agreement, the prevailing party shall
be entitled to recover its costs of suit, including reasonable attorney's fees, at both trial
and appellate levels. This Agreement may be recorded by the County in the Official
Records of Collier County, Florida. Owner shall pay all costs of recording this
Agreement prior to the execution of this Agreement. A copy of the Recorded
Agreement will be provided to the Owner. This Agreement is the entire agreement
between the parties, and supersedes all previous oral and written representations,
agreements and understandings between the parties. This Agreement shall be
governed by the laws of the State of Florida, and may not be altered or amended in any
way, save by written agreement signed by both parties.
16A19
Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED: 415
ATTEST: BOARD OF COUNTY COMMISSIONERS
• IGHTE. BRpCK,�Cierk COLLIER CO J�NTY, F ORIDA
BY: �-M ' A 4: ,,►� y:
Attest as to elm =p ty Ie TIM ANC , Chairman
signature only. s\\*S
AS TO OWNER:
DATED:
jeap
Witness (Sign- ure DELBERT ACKERMAN
Alli ' e $0.lA,aka,. ..
Name (Print or Type)
itn (Signature)
Name (Print a-Type)
STATE OF it Cir';8
COUNTY OF c_u 6
The foregoing Temporary Use Agreement was acknowledged before me this
day of r�'��; , 20 , by r]GI 1.( -4 A ,— who:
is personally known to me
OR
—'produced ,) fi \)61--S 5 c_ as proof of
identity.
p 14
ioAI9
Page 4
(affix notarial seal)
(Signati of Notary Public)
-) c:. �1 S
G r \.-
(Print Name of-Notary Public)
Serial / Commission # (if any): \ 4 6) 9 3
My Commission Expires: 5. D I, I (®
Appro -,, . . m and legality:
�1rAi + s„...v,r•,�,� STACY HERSHA
i' —1. Notary Pu01ic•Stale of FbtidS
r ■r / s•7 1i My Comm.Expirax May 21 2016 F
Jeffrey,' A . -tzkow, County Attorney +_,,'�_, commission#EE 1f19593
1 �� ,° Bonded Through National Notary Man.
16A19
SKETCH AND DESCRIPTION EXHIBIT"A"
TEMPORARY EASEMENT
1
A PORTION OF A PARCEL DESCRIBED IN O.R.BOOK 4339 PAGE OF
PAGE 1420,AND BEING A PORTION OF SECTION 17,
TOWNSHIP 50 SOUTH,RANGE 26 EAST OF THE PUBLIC
RECORDS OF COLLIER COUNTY,FLORIDA AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF PARCEL 913 AS DESCRIBED IN O.R.BOOK 4339 PAGE ,
1420,SAID CORNER BEING A POINT ON THE CURRENT WEST RIGHT-OF WAY OF COUNTY BARN ROAD V T
AND THE NORTH PROPERTY LINE OF PARCEL DESCRIBED IN O.R.2436 PG.1913.RUN SOUTH 00'27'15"
EAST ALONG THE WEST LINE OF SAID PARCEL 913 A DISTANCE OF 117.00 FEET TO THE POINT OF
PLAT
BEGINNING;THENCE LEAVING SAID LINE NORTH 89`32'45"EAST 10.00 FEET;THENCE SOUTH NORTH
00'27'15"EAST 41.00 FEET;THENCE SOUTH 89`32'45"WEST 10.00'TO SAID WEST LINE OF PARCEL GRAPHIC SCALE
913;THENCE NORTH 00'27'15"WEST ALONG SAID WEST LINE 41.00 FEET TO THE POINT OF o 40 OD 10
BEGINNING. l!Wi=!
CONTAINING 410 SQUARE FEET MORE OR LESS ( IIj Mf
1 loch N. 40 ft.
8 1/2 X 14 Not to Scale
NORTH PROPERTY LINE 50.00 THIS IS NOT
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PREPARED BY:
GENERAL NOTES: THOMAS,i.ANDERSON,P.S.M.
1.DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. FLORIDA SURVEYOR&MAPPER LS 5804
2.BEARINGS ARE BASED ON THE WEST LINE OF PARCEL 913 COWER COUNTY SURVEYOR
AS DESCRIBED IN O.R.4339 PG.1420 THE CURRENT
WEST RIGHT-OF-WAY LINE OF COUNTY BARN ROAD COLLIER COUNTY
BEING S 00'27'15"E.
3.NOT VALID WITHOUT THE ORIGINAL RAISED SEAL OF A Growth Management Department
FLORIDA LICENSED SURVEYOR AND MAPPER. Road Maintenance Division
4.ABSTRACT NOT REVIEWED.
5.LEGEND 2885 South Horseshoe Drive,Naples Florida 34104
O.R.=OFFICIAL RECORD BOOK Phone:239-252-5810 Fax 239-252-5828
P.O.B.=POINT OF BEGINNING Date: SCALE: Project No: File No:
P.O.C.=PONT OF COMMENCEMENT 04-13-2015 1'=40° COUNT(EARN MO CYNTHIA
15020 A
17.50-26
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