Agenda 11/09/2010 Item #16K 1
-1\tt-At ,
$ 789.60
$6.828.75
$7,618.35
EXECUTIVE SUMMARYf"r'~
"'Jk;
· to ~~'~f'.'Stipulated Final Judgment in the amount of 519,589.60 fer ~,':;
UNbI. ...., l"TCEl"j~innuit styled Collier CoIIIIf;y v. LtImiu1bte Petit Monsiellr., dill.; ,
No. l~(CeIIW~"" Project No. 68056) (Fiseallmpact $7,618.35)'
"
O~~ 'fMt the '~ of County ConunissiQne1'Sapprove the attached StipulatedF"W '.. .,'
for payment of fiJlI ~for 1he taking of p~ l04FEEl and I04TCEl in 1be."~
CollierCOIIIItyy, LomortiIti<Pi#It!lt'onsieur, et. al., Case No. 10-2681-CA (Collier Blvd ProjectNo~'
'. . '" ;~'\.,.
CONSIDQlAnQNS: Collier County has cOndemned a .133 acre parcel from property ~~.
Petit MoIasieur..~the. expansion of Coiner Boulevard from Green Boulevard to ~.~:'
The' . ...........1 valued compensation at $28,800 and in lune 2008 the ',"
., .......8Ul0UDt. Prior to suit being filed a settlement was reached with the
in ~$6,428. 75 for expens (appraiser and engineer) fees and costs and $400 for
contingent upon the owner obtainii1g a subordinatiOll of .inteIestin the parcel for the County
mortgage holder. The subordination was not obtained.~.suit was filed.
The County's updated 2010 appraisal valued ~ at $18,800. The Order of TakiD&:
held on October 19, 20 I 0 and $18,800.was ordered depOsited into the Regis1ry of the Coull
~ " " ." ':~:' !,
settlement had been ongoing and the owner agreed to the same percentage increase m '. " ". .
over the appraisal amount, with the S88lO'dOmey's fee and experts fees and costs as the~:
for a global settlement amount of $26,41845.
eel Stipulated Finalludgmcotis approved, the County will be responsible for the
Additional Amount Owed:
Attorney's fees, Experts fees'md Costs:
TOTAL
FISCAL IMPACT: Funds in the amount ofS7,618.35 are available in impact fees.
GROWI'H MANAGEMENT IMPAct: . None.
LEGAL CONSIDERATIONS: This item is legally suffiCient for Board action. RNZ
~}'
RECOMMENDATION: That the Baud of County Commissioners 'authorize the S~~,
ludgment as to Parcels I04FEEl and I04TCEl and authorize payment ofthe~fimds as stated. ,....
PREPARED BY: RobertN. Zachary, ~Couaty ~
IG-2681CAlIII7
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Agenda Item No. 16K1
November 9,2010
Page 2 of 7
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K1
Recommendation to approve a Stipulated Final Judgment in the amount of $19,589.60 for
Parcels 104FEE1 and 104TCE1 in the lawsuit styled Collier County v. Lamartine Petit
Monsieur., et aI., Case No. 10-2681-CA (Collier Blvd. Project No. 68056) (Fiscal Impact
$7,618.35)
11/912010 9:00:00 AM
Meeting Date:
Prepared By
Robert N. Zachary Assistant County Attorney Date
County Attorney County Attorney 10/22/2010 12:31 :52 PM
Approved By
Robert N. Zachary Assistant County Attorney Date
County Attorney County Attorney 10/25f2010 2:15 PM
Approved By
Norm E. Feder, AICP Administrator - Transportation Date
Transportation Division Transportation Administration 10/26/201010:44 AM
. Approved By
Najeh Ahmad Director - Transportation Engineering Date
Transportation Engineering &
Transportation Division Construction Management 10/26/2010 1 :35 PM
Approved By
Lisa Taylor Management/Budget Analyst Date
Transportation Division Transportation Administration 10/27/201011 :02 AM
Approved By
Kevin Hendricks Manager - Right of Way Date
Transportation Division Transportation Engineering & 10/27/2010 11 :35 AM
Construction Management
Approved By
Jeff Klatzkow County Attorney Date
10/28/2010 3:07 PM
Approved By
OMB Coordinator Date
. County Manager's Office Office of Management & Budget 10/28/2010 4:01 PM
Approved By
Randy Greenwald Management/Budget Analyst Date
Office of Management &
Budget
Agenda Item No. 16K1
November 9, 2010
Page 3 of 7
Office of Management & Budget
10128/20104:30 PM
Approved By
Michael Sheffield
Assistant to the County Manager
Date
County Managers Office
11/21201011:51 AM
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Agenda Item No. 16K 1
November 9,2010
Page 4 of 7
IN THE CIRCUIT COURT OF TIlE 1WENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNfY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Petitioner,
CASE NO. 10-2681-CA
v.
LAMARTINE PErn MONSIEUR, et al.
Respondents.
Parcels: 104FEE1,104TCEl
I
STIPULATED FINAL JUDGMENT
TIllS CAUSE having come before this Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, and Respondent, LAMARTINE PETIT MONSIE~ by and through
their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcels l04FEEl and
l04TCEl for Project No. 68056, and it appearing to the Court tbatthe parties are authorized to
make such Motion, the Court finding that the compensation to be paid by Petitioner is the full
compensation due the Respondent, LAMARTINE .PETIT MONSIEUR, and the Court being
fully advised in the premises, it is therefore
ORDERED AND ADJUDGED that Respondent, LAMARTINE PETIT MONSIEUR,
have and recover from Petitioner, COLLIER COUNTY, the total sum of Nineteen Thousand
Five Hundred Eighty-Nine and 60/100 Dollars ($19,589.60) for ParCels I04FEEI and I04TCE1,
as full payment for the property interest taken and for damages resulting to the remainder, if less
than the entire property was taken, and for all other ~m~ges in connection with said parcel; it is
further
Agenda Item No. 16K1
November 9, 2010
Page 5 of 7
ORDERED AND ADmDGED that the Petitioner, COLLIER COUNTY, FLORIDA, is
.
entitled to a credit for the good faith estimate of value previously deposited in the amount of
$18,800.00; it is further
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall
pay an additional Seven Thousand Six Hundred Eighteen and 35/100 Dollars ($7,618.35), which
includes Seven Hundred Eighty-Nine and 60/100 Dollars ($789.60) in additional compensation
and Six Thousand Eight Hundred Twenty Eight and 75/100 Dollars ($6,828.75) for attorney's
fees, expert fees and costs. No other attorney's fees or expert fees or costs shall be awarded in
this case; 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 for the benefit of
Respondent, LAMARTINE PETIT MONSIEUR the sum of $7,618.35 to the Trust Account of .
Fowler White Boggs Banker P A Trust Account, c/o Fred Werdine, Esquire, 501 E Kennedy
Blvd Ste 1700, Tampa, Florida 33602-5239 for proper disbursement in accordance with this
order; it is further
ORDERED AND ADJUDGED that fee simple title to Parcels 104FEEl and temporary
construction easement to Parcel 1 04TCEl , being fully described in Exhibit "A" attached hereto
and incorporated herein, which vested in Petitioner pursuant to the Stipulated 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 Parcels l04FEEl and 104TCEl; it is further
.
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Agenda Item No. 16K 1
November 9, 2010
Page fj of '7
ORDERED AND ADJUDGED that the Stipulated Final Judgment is recorded in the
Official Records of Collier County, Florida; it Is further ordered
ORDERED AND ADJUDGED that this Court reserves jurisdiction to issue a future order
on disbursement of the compensation award and conduct apportionment proceedings, if needed;
It is further
ORDERED AND ADJUDGED that this Order disposes of all claims arising out of the
taking of Parcels 104 FEE 1 and 1 04TCE 1 and that have or could have been asserted in this cause;
it is further
DONE AND ORDERED at Naples, Florida on this _ day of
2010.
HUGH D. HAYES
CIRCUIT COURT JUDGE
Confonned Copies:
Robert N. ZllChary, Esquire
Fred S. Werdine, Esquire
Land Title Adjustment DepJUtment
Mortgage Electronic Registration Systems, Inc.
The Crossfire Financial Network, Inc.
Christopher Parker and Janice Parker
&0 Sunshine Properties LLC
Jennifer Dixon-Abbott, Esquire
Kevin Hendricks, Acquisition Mgr /Transp.
Bookkeeping
3
Agenda Item No. 1fJK 1
November 9, 2010
Page 7 of '7
JOINT MOTION ON STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, together with Respondent, LAMARTINE PETIT
MONSIEUR, hereby respectfully move for entry of the foregoing Stipulated Final Judgment as
to Parcels 104FEE1 and 104TCEI.
Dated:
FREDERICK S. WERDINE, ESQUIRE
Florida Bar No.: 614483
Fowler White Boggs Banker P A
501 E Kennedy Blvd Ste 1700
Tampa, Florida 336025239
(813) 228-7411 Telephone
(813) 229.8313 - Facsimile
ATTORNEY FOR RESPONDENTS
IO-2681CAl1186
Dated:
~BERT N. ZACHARY
Florida Bar No. 816604
ASSISTANT COUNTY ATTORNEY
Harmon Turner Building, 8th Floor
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774.8400 - Telephone
(239) 252-6300 . Facsimile
ATTORNEY FOR PETITIONER
COLLIER COUNTY
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