Agenda 05/10/2011 Item #16K4
5/10/2011 Item 16.KA.
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $4,200 for Parcel
145RDUE in the lawsuit styled Collier County l'. Lamartine Petit Monsieur., et aZ., Case No. 10-
2681-CA (Collier Blvd. Project No. 68056) (Fiscal Impact $700)
OBJECTIVE: That the Board of County Commissioners approve the attached Stipulated Final
Judgment for payment of full compensation, for the taking of Parcel I 45RDUE in the lawsuit styled
Collier County v. Lamartine Petit Monsieur, el. aI., Case No. 10-2681-CA (Collier Blvd, Project
No. 68056).
CONSIDERATIONS: Collier County condemned a .034 Acre strip of perpetual, non-exclusive,
road right-of-way, drainage and utilties easement from property owners, John and Sheila Barry, for
the expansion of Collier Boulevard from Green Boulevard to Golden Gate Boulevard. The
County's initial appraisal valued compensation at $6, 100 and in June 2008 the County made its
statutory offer for that amount.
The County's updated 20]0 appraisal showed a decline in the market and valued the compensation
at $3,500, The Order of Taking hearing was held on October 19, 20 10 and $3,500 was ordered
deposited into the Registry of the Court.
A settlement was reached with the Barry's in the amount of $4,100. If the attached Stipulated Final
Judgment is approved, the County will be responsible for paying an additional $700. The deposit of
$3500 will be disbursed by the clerk directly to Mr. and Mrs. Barry. There are no attorney's fees or
costs since the Barry's are Pro-Se.
FISCAL IMPACT: Funds in the amount of$700 are available from impact fees. Source of funds
are Impact Fees.
GROWTH MANAGEMENT IMPACT: None,
LEGAL CONSIDERATIONS: This item has been prepared by the County Attorney's Officc and
is ready for Board action. Approval of this itcm requires a majority vote. -JW
RECOMMENDATION: That the Board of County Commissioners authorizc the Stipulated Final
Judgment as to Parcel l45RDUE and authorize payment of the funds as stated,
PREPARED BY: JeffE. Wright, Assistant County Attorney
lO,2681CA11221
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5/10/2011 Item 16.KA.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4.
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount
of $4,200 for Parcel 145RDUE in the lawsuit styled Collier County v. Lamartine Petit Monsieur.,
et aI., Case No. 10-2681-CA (Collier Boulevard Project No. 68056) (Fiscal Impact $700)
Meeting Date: 5/10/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
4/25/2011 3:22:07 PM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way, Transportation Engineering
Date: 4/26/2011 9: 16:27 AM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 4/27/2011 10:55:16 AM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 4/27/20114:14:36 PM
Name: FederNonnan
Title: Administrator - Growth Management Div,Transportati
Date: 4/27/20] 1 4:33:50 PM
Name: WrightJeff
Title: Assistant County Attorney,Coumy Attorney
Date: 4/27/2011 4:56:50 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/28/2011 11:58:26 AM
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5/10/2011 Item 16.K.4.
Name: UsherSusan
Title: ManagementIBudget Analyst, Senior,Office of Manage
Date: 5/2/2011 4:22:26 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 5/2/2011 5:45: I 0 PM
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5/10/2011 Item 16.KA.
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,
Petitioner,
CASE NO. 10-2681-CA
v.
Parcels: 145RDUE
LAMARTINE PETIT MONSIEUR, et al.
Respondents.
I
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before this Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, and Respondents, JOHN BARRY and SHEILA BARRY, for entry of a
Stipulated Final Judgment as to Parcel l45RDUE for Project No. 68056, and it appearing to the
Court that the parties are authorized to make such Motion, the Court finding that the
compensation to be paid by Petitioner is the full compensation due the Respondents, JOHN
BARRY and SHEILA BARRY, and the Court being fully advised in the premises, it is therefore
ORDERED AND ADJUDGED that Respondents, JOHN BARRY and SHEILA
BARRY, have and recover from Petitioner, COLLIER COUNTY, the total sum of Four
Thousand Two Hundred and 00/1 00 Dollars ($4,200) for Parcel l45RDUE, as full payment for
the property interest taken and for dan1ages resulting to the remainder, if less than the entire
property was taken, and for all other damages in connection with said parcel; it is further
ORDERED AND ADJUDGED that the Petitioner, COLLIER COUNTY, FLORIDA, is
entitled to a credit for the good faith estimate of value previously deposited in the amount of
$3,500; it is further
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5/10/2011 Item 16.KA.
ORDERED AND ADJUDGED that the Clerk immediately disburse the $3,500 currently
in the Court Registry directly to Respondents, JOHN BARRY and SHEILA BARRY, and mail it
to them at 4160 7'h Avenue SW, Naples, Florida 34119; it is further
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall
pay an additional Seven Hundred and 00/100 Dollars ($700) in additional compensation and no
other monies shall be paid in this matter; it is further
ORDERED AND ADJUDGED that without further order of the Court, that within thirty
(30) days hereof, Petitioner, COLLIER COUNTY, FLORIDA, shall pay and immediately
disburse the sum of $700 to Respondents, JOHN BARRY and SHEILA BARRY, and mail it to
them at 4160 7th Avenue SW, Naples, Florida 34119; it is further
ORDERED AND ADJUDGED that Parcel l45RDUE, Perpetual, Non-Exclusive Road
Right-of-Way, Drainage and Utility Easement, being fully described in Exhibit "A" attached
hereto and incorporated herein, which vested in Petitioner pnrsuant to the Order of Taking dated
October 19, 2010, and the deposit of money heretofore made, is approved, ratified, and
confirmed; it is further
ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled
cause and recorded in Official Records Book 4559 Page 1158 of the Public Records of Collier
County, Florida be dismissed as to Parcel 145RDUE; it is further
ORDERED AND ADJUDGED that the Stipulated Final Judgment is recorded in the
Official Records of Collier County. Florida; it is further ordered
2
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5/10/2011 Item 16.KA.
ORDERED AND ADJUDGED that this Order disposes of all claims arising out of the
taking of Parcd I 45RDUE and that have or could have been asserted in this cause.
DONE AND ORDERED at Naples, Florida on this _ day of
2011.
HUGH D. HAYES
CIRCUIT COURT JUDGE
Confonned Copies:
Jeff E. Wright, Esquire
John & Sheila Barry
Kevin Hendricks, Acquisition MgrJTransp.
Bookkeeping
JOINT MOTION ON STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, together with Respondents, JOHN and SHEILA
BARRY, hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to
Parcel 145RDUE.
Dated:
Dated:
JOHN BARRY
JEFF E. WRIGHT, ESQUIRE
Florida Bar No. 20203
ASSISTANT COUNTY ATTORNEY
Harmon Turner Building
3299 East Tamiami Trail, Sle. 800
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 252-6300 - Facsimile
ATTORNEY FOR PETITIONER
COLLIER COUNTY
SHEILA BARRY
4160 7th Avenue SW
Naples, Florida 34119
RESPONDENTS
3
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5/10/2011 Item 16.KA.
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