Agenda 12/10/2013 Item #16K1 12/10/2013 16.K.1 .
EXECUTIVE SUMMARY
Recommendation to ratify and approve a stipulated Final Judgment as to McDonald's
Corporation's interest in Parcels 113FEE and 113TCE in the lawsuit styled Collier County,
Florida v. New Plan Florida Holdings, LLC, et al., Case No. 13-CA-238 as part of the US-
41/Collier Boulevard Intersection Improvement project (Project No. 60116) Fiscal Impact:
$5,000.
OBJECTIVE: To settle the lawsuit styled Collier County v. New Plan Florida Holdings, et al,
as to McDonald's Corporation's interest in Parcels 113FEE and 113TCE and eliminate exposure
to further costs arising out of extended litigation.
CONSIDERATIONS: Parcels 113FEE and 113TCE were taken by Collier County for the
purpose of constructing at-grade improvements to the intersection of US-41 and Collier
Boulevard. The parent tract property is a shopping center known as Freedom Square with a
number of outparcels, one of which is owned by McDonald's Corporation.
McDonald's is the holder of a reciprocal access easement over New Plan Florida Holdings
shopping center property from which Parcels 113FEE and 113TCE were taken. As such
McDonald's had to be served as a party defendant in the eminent domain lawsuit styled Collier
County v. New Plan Florida Holdings, et al, and were therefore entitled to hire counsel and
expert witnesses for the purpose of exercising their right to make an apportionment claim on the
proceeds from the County's deposit.
McDonald's has agreed to resolve their entitlement to apportionment for the total sum of$5,000
inclusive of attorney fees and expert witness costs
FISCAL IMPACT: Funds in the amount of $5,000 are available in the US-41/Collier
Boulevard Intersection Improvement project (Project No. 60116). Source of funds is impact
fees. There are no on-going maintenance or repair costs associated with the acquisition of right-
of-way for the project.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with the approval of this agenda item.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires a majority vote for Board approval. -ERP
RECOMMENDATION: That the Board of County Commissioners of Collier County,Florida:
Approve entry of the attached Stipulated Final Judgment with the Circuit Court.
Prepared by: Kevin Hendricks, Right-of-Way Acquisition Manager
Attachments: Stipulated Final Judgment with legal description attached thereto.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.1.
Item Summary: Recommendation to ratify and approve a stipulated Final Judgment as to
McDonald's Corporation's interest in Parcels 113FEE and 113TCE in the lawsuit styled Collier
County, Florida v. New Plan Florida Holdings, LLC, et al., Case No. 13-CA-238 as part of the US-
41/Collier Boulevard Intersection Improvement project (Project No. 60116) Fiscal Impact:
$5,000.
Meeting Date: 12/10/2013
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
11/1/2013 3:28:59 PM
Approved By
Name: HendricksKevin
Title: Manager-Right of Way,Transportation Engineering
Date: 11/4/2013 2:25:50 PM
Name: TaylorLisa
Title: Management/Budget Analyst.Transportation Administr
Date: 11/4/2013 3:55:12 PM
Name: KearnsAllison
Date: 11/11/2013 12:16:11 PM
Name: ShueGene
Date: 11/14/2013 1:37:43 PM
Name: AhmadJay
Title: Director-Transportation Engineering,Transportation Engineering& Construction Management
Date: 11/15/2013 1:39:11 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 11/18/2013 8:41:17 AM
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Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 11/20/2013 2:25:08 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/20/2013 4:23:16 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 11/21/2013 4:39:23 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 11/22/2013 11:27:17 AM
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY,FLORIDA
CIVIL ACTION
COLLIER COUNTY,FLORIDA, a political
subdivision of the State of Florida,
Case No.: 13-CA-238
Petitioner,
Parcels: 113FEE, 113TCE
vs.
NEW PLAN FLORIDA HOLDINGS,LLC,a
Delaware limited liability company; et al.,
Respondents.
STIPULATED FINAL JUDGMENT AS TO THE INTEREST OF MCDONALD'S
CORPORATION, IN PARCELS 113FEE, 113TCE
THIS CAUSE came before the Court upon the Joint Motion for Entry of Final Judgment
as to Parcels 113FEE and 113TCE ("Joint Motion") filed by Petitioner, COLLIER COUNTY,
FLORIDA ("PETITIONER"), and Defendant,MCDONALD'S CORPORATION, a Delaware
corporation, ("RESPONDENT"). The Court having reviewed the record and it appearing that
the parties hereto were authorized to enter into the Joint Motion and that the papers filed herein
by Petitioner are in proper and sufficient form, and the Court fmding that the compensation to be
paid by Petitioner is full,just and reasonable for all parties concerned, and being otherwise fully
advised in the premises, it is hereby
ORDERED and ADJUDGED that:
1. RESPONDENT shall have and recover from Petitioner the sum of Five Thousand
and NO/100 Dollars ($5,000.00), in full compensation for the property interests taken,
improvements taken, severance damages, cure costs, business damages and all other damages
claimed by or through them, their successors and assigns, now and in the future arising from the
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taking of Parcels 113FEE and 113TCE in this cause, including all experts' fees and costs,
appraisal services and costs and attorney's fees.
2. Pursuant to the Joint Motion, COUNTY agrees to the following terms:
a. COUNTY shall construct the project in substantial conformity to the 90%
Construction Plans ["Design and Related Services Intersection Capacity Improvements
SR 90 (US 41) & SR/CR 951"] dated November 21, 2012, filed with the Court on this
matter and incorporated herein by this reference, reserving to MCDONALD'S
CORPORATION, all claims under Central and Southern Florida Flood Control Dist. V.
Wye River Farms, Inc., 297 So.2 323 (Fla.4th DCA 1974);
b. The COUNTY shall not store any vehicles, equipment, materials or other
items within the driveways;
c. The COUNTY shall perform all work in such a manner that existing
improvements shall not be damaged. It is further understood and agreed that the
COUNTY shall, at its own expense, restore the remaining lands to a safe and sanitary
condition;
d. The COUNTY shall maintain continuous access through the driveway at
all times.
3. Pursuant to the aforementioned joint motion, RESPONDENT and its counsel
have each agreed that no monetary or nonmonetary benefits have been achieved in this cause and
thereby have waived any additional claim for attorney's fees or costs against Petitioner in this
cause as to Parcels 113FEE and 113TCE. Such stipulation is hereby ratified and incorporated
into this order and judgment.
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4. Further, pursuant to the aforementioned joint motion, RESPONDENT and its
counsel have each agreed that no claim for apportionment will be made by RESPONDENT
against the parties in this action.
5. Accordingly, within thirty (30) days after the date of this order, Petitioner shall
pay the total sum of Five Thousand and NO/100 Dollars ($5,000.00) to the account of Trenam,
Kemker, Scharf, Barkin, Fyre, O'Neil &Mullis, P.A., do Stephen Tabano, Esquire, 101 East
Kennedy Blvd., Suite 2700, Tampa, Florida 33602; which total sum shall satisfy the awards
made herein. Upon such payment, RESPONDENT stands dismissed from this action without
further order of this Court.
6. There is no other or further compensation, attorneys' fees or costs due from
Petitioner to this RESPONDENT in this matter.
DONE and ORDERED in chambers in Collier County, Florida on this day of
,2013.
HONORABLE CYNTHIA A. PIVACEK
CIRCUIT COURT JUDGE
Copies furnished to:
Jeffrey L. Hinds,Esquire
Stephen Tabano,Esquire
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
Ask
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY,FLORIDA,a political
subdivision of the State of Florida,
Case No.: 13-CA-238
Petitioner,
Parcels: 113FEE, 113TCE
vs.
NEW PLAN FLORIDA HOLDINGS,LLC,a
Delaware limited liability company; et al.,
Respondents.
JOINT MOTION FOR ENTRY OF STIPULATED FINAL JUDGMENT
AS TO INTEREST OF MCDONALD'S CORPORATION
IN PARCELS 113FEE, 113TCE
Petitioner, COLLIER COUNTY, and Respondent, MCDONALD'S CORPORATION, a
Delaware corporation„ by and through their undersigned counsel,hereby stipulate to the entry of
this Final Judgment and jointly move that the Court enter the foregoing Stipulated Final
Judgment as to Parcels 113FEE and 113TCE.
Stephen Ta ano,Esq. Jeffrey L. Hinds, Esq.
TRENAM,KEMKER,SCHARF BARKIN, SMOLKER BARTLET T SCHLOSSEI LOEB &
FRYE,O'NEIL&MULLIS,P.A. HINDS, P.A.
101 E. Kennedy Blvd., Suite 2700 500 East Kennedy Blvd., Suite 200
Tampa,Florida 33602 Tampa, Florida 33602
(813) 223-7474 (813)223-3888
FBN: 0309133 FBN: 0008710
Counsel for Respondent McDonalds Special Counsel to the Petitioner
Dated this,L„day of - , 2013. Dated this day of , 2013.
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LEGAL DESCRIPTION — PARCEL 113FEE INTEREST
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF TRACT 16, LELY RESORT PHASE 1, AS RECORDED IN PLAT BOOK 16, PAGE
87, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON THE NORTHERLY RIGHT—OF—WAY
LINE OF U.S. 41;
THENCE N54'20'28"W FOE 79.85 FEET ALONG SAID NORTHERLY RIGHT—OF—WAY LINE OF U.S 41;
THENCE N35'39'04"E FOR 15.00 FEET ALONG THE WESTERLY BOUNDARY OF TRACT 3E, FREEDOA' SQUARE, AS RECORDED
IN PLAT BOOK 22. PAGE 56 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
THENCE LEAVING SAID WESTERLY BOUNDARY 554'20'28"E FOR 79.85 FEET;
THENCE S35'39'04"W FOR 15.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID TRACT 3E, TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 1,198 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
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MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DA SIGNED
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NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
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SKETCH AND LEGA DESCRIPTION
PARCEL 113FEE: RIGHT—OF—WAY 6810 Mown Pork Ddve.Butte 200
N 94109
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PREPARED FOR: COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:IBM 597-0575 5 FAX 597-0578
_ LB No.:8952
JOB NUMBER REVISION SECTION TOWNSHIP F DRAWN BY FILE NAME SHEET
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LEGAL DESCRIPTION — PARCEL 113TCE
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF TRACT 3E, FREEDOM SQUARE, AS RECORDED IN PLAT BOOK 22, PAGE 56,
OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE N35'39'04"E FOR 15.00 FEET ALONG THE WESTERLY BOUNDARY OF SAID TRACT 3E;
THENCE LEAVING SAID WESTERLY BOUNDARY 554'20'28"E FOR 7.83 FEET, TO THE POINT OF BEGINNING OR THE PARCEL
DESCRIBED HEREIN:
THENCE N35'39'32"E FOR 10.00 FEET;
THENCE S54'20'28"E FOR 65.00 FEET.
THENCE S35'39'32"W FOR 10.00 FEET;
THENCE N54'20'28"W FOR 65.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 650 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
TECM - ROW
TEMPORARY JUN 1 5 20
CONSTRUCTION EASEMENT
DURATION 3 YEARS.
/ ll��`/�I
'113o//1/
MICHAEL A WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
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PROJECT: U.S.41/C.R.951/S.R.951 L ,......... ow,
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SKETCH AND LEGAL DESCRIPTION >
PARCEL 113TCE: TEMPORARY CONSTRUCTION EASEMENT mro Moro Park Drive.Suite zoo
NSpOm.Ronde 34109
PREPARED FOR: COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Plane:(2391597 nm FAX:(239)W-0579
LB No:3952
JOB NUMBER I REVISION I SECTION j TOWNSHIP 1 R: DRAWN BY I FILE NAME SHEE"
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