Agenda 07/22/2008 Item #16K 3Agenda Item No. 16K3
July 22, 2008
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $38,000.00 for
Parcel Nos. 122 and 722 in the lawsuit styled Collier County v. Gulfstream Homes, Inc., et al.,
Case No. 05- 758 -CA (Collier Blvd. (CR 951) Project No. 65061). (Fiscal Impact $13,852.50)
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for
payment of full compensation, attorney's fees and costs, for the tatting of Parcels 122 and 722 in the
lawsuit styled Collier County v. Gulfstreain Homes, Inc., et. al., Case No. 05- 758 -CA (Collier Blvd.
(CR 95 1) Project No. 65061).
CONSIDERATIONS: On September 15, 2005, Collier County deposited $32,700.00 into the
Court Registry and acquired title to Parcels 122 (.23 acres) and 722 (.02 acres) in accordance with
the Order of Taking entered on September 7, 2005. The parties have agreed to settle this matter for
$38,000.00, plus expert witness fees, and statutory attorney's fees. See attached Stipulated Final
Judgment,
If approved the County will be responsible for the following costs.
• Additional Compensation for Parcel $ 5,300.00
• Expert Witness Fees $ 5,500.00
• Statutory Attorney's Fees* S 3.052.50
TOTAL COST: $13,852.50
* Attorney's Fees are mandated by § 73.092, F.S., and are based on 33% of the difference between
settlement amount and the initial offer, i.e., 0.33 X ($38,000 - $28,750).
This item is legally sufficient for Board action.
FISCAL IMPACT: Funds in the amount of $13,852.50 will come from Gas Taxes and Impact
Fees. Source of Funds are gas taxes and impact fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve the Stipulated
Final Judgment as to Parcels 122 and 722, and authorize the payment of the funds as stated.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
CP:05- 758- CA;438
Page 1 of 2
Agenda Item No. 16K3
July 22, 2008
Page 2 of 8
-file-//C: \AnendaTe�t \F,xnort\ 1 1 1 -July 0/.2022 0/.2O70OR \1 F 0/ 20('0NCFNT%?0AGRNDA \1 7/15000R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16K3
Item Summary:
Recommendation to approve a Stipulated Final Judgment
in the amount of $38,000 for
Parcel Nos. 122 and 722 in the lawsuit styled Collier County
v. GUlfstream Homes, Inc., et
al., Case No. 05- 758 -CA (Collier Blvd. (CR 951) Project No e5o61). (Fiscal Impact
$13,852.50)
Meeting Date:
7/2212008 9.00.00 AM
Approved By
Najeh Ahmed
Director
Date
Transportation Engineering &
Transportation Services
Construction Management
612412008 11:34 AM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
6124/2008 4:53 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
�.. Transportation Services
Transportation Services Admin
7/1/2008 9:57 AM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
7/11200810:02 AM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
7/7/2008 10:38 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM -ROW
717/2008 3:42 PM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
7/812008 11:05 AM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
7/912008 5:09 PM
._. Approved By
James V. Mudd
County Manager
Date
Board of County
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Page 2 of 2
Agenda Item No. 16K3
July 22. 2008
Page 3 of 8
commissioners County Manager's Office 711112 00 8 10 05 AM
file: / /C_AAeendaTest \F.xnnrt\ 111 '%207009A160/.?0C 0NSFNT%70ACFNnAA1 7 /1S00OR
Agenda Item No. 16K3
July 22, 2008
Page 4 of 8
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA ^�
CIVIL ACTION _
COLLIER COUNTY, FLORIDA, a
w -
political subdivision of the State of Florida,
.,0
Petitioner, v
V. Case No. 05- 758 -CA
GULFSTREAM HOMES, INC., et al., Parcel Nos.: 122, 722
Respondents.
STIPULATED FINAL JUDGMENT
THIS CAUSE, having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, GULFSTREAM HOMES, INC., by and
through its undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel Nos. 122
and 722, that the compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA, is the
full compensation due Respondent, GULFSTREAM IIOMES, INC., and the Court being
otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondent, GULFSTREAM HOMES, INC.,
receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Thirty -Eight Thousand
and No /100 Dollars ($38,000.00) as full payment for the property interests taken and for
damages resulting to the remainder, if less than the entire property was taken, business damages,
and for all other damages in connection with said parcels; it is further
ORDERED that Respondents shall receive the sum of Three Thousand Fifty -Two and
501100 Dollars ($3,052.50) for all attorney's fees, based on a benefit of $9,250.00; it is further
Agenda Item No. 16K3
July 22. 2008
Page 5 of 8
ORDERED that Respondent shall receive the sum of Five Thousand Five Hundred and
No /100 Dollars ($5,500.00) for all expert fees and costs; it is further
ORDERED that no other fees and costs shall be awarded in this case; it is further
ORDERED that within thirty (30) days of receipt of this Order, Petitioner shall pay the
total amount of Thirteen Thousand Eight Hundred Fifty -Two and 50/100 Dollars ($13,852.50)
made payable to AFB Trust, c/o Melville G. Brinson, III, Esquire, Adams, Feichthaler &
Brinson, Post Office Box 690, St. James City, Florida 33956, for proper disbursement in
accordance with this Order; it is further
ORDERED that title to Parcel Nos. 122 and 722, being fully described in Exhibit "A"
attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY,
FLORIDA, pursuant to the Order of Taking dated September 7, 2005, and the deposit of money
heretofore made, is approved, ratified, and confirmed; it is further
ORDERED that the Notice of Lis Pendens filed in the above - styled cause and recorded in
Official Record Book 3790, Page 2496 of the Public Records of Collier County, Florida, be
dismissed as to Parcel Nos. 122 and 722; it is further
ORDERED that pursuant to Section 74.051 (3), F.S., the Clerk of Courts shall disburse
the interest earned on the funds on deposit in the amount of $ via wire
transfer from the Clerk of Courts to the Board of County Commissioners, Account 4 313-
163673- 650611; it is further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records
of Collier County, Florida; it is further
ORDERED that this Court retains jurisdiction to enforce the terms of this Stipulated
Final Judgment; it is therefore
2
Agenda Item IJo. 16K3
July 22, 2008
Page 6 of 8
DONE AND ORDERED in Naples, Collier County, Florida, this day of
, 2008.
CYNTHIA A. ELLIS
Circuit Court Judge
Conformed copies to:
Ellen T. Chadwell, Esquire
Melville G. Brinson, III, Esquire
First South Bank, N.A.
c/o Margie Fletcher, Sr. Vice President of BB &T
E. Glenn Tucker, Esquire
Kevin Hendricks, Transportation Dept.
Accounting
JOINT MOTION
The Parties hereby stipulate and respectfully request this Court to enter the foregoing
Stipulated Final Judgment as to Parcel Nos. 122 and 722.
Dated: 6// /
Melville G. Brinson, III, Esquire
Florida Bar No.: 0494003
Adams, Feichthaler & Brinson
Post Office Box 690
St. James City, Florida 33956
(239)282 -0551 - Phone
ATTORNEY FOR RESPONDENT
GULFSTREAM HOMES, INC.
CP: 05- 758- CA,437
7
Dated:
Ellen T. Chadwell
Assistant County Attorney
Florida Bar No.: 983860
3301 East Tamiami 'Frail, 8`h Floor
Naples, Florida 34112
(239) 252 -8400 — Phone
(239) 252 -6300 — Facsimile
ATTORNEY FOR PETITIONER
TRACT
EXHIBIT 108
TRACT
109
TRACT
110
G (*N GATE ESTATES
UNIT NO. 2
P.B. 4, PAGE 75
LEGAL DESCRIPTION
A portion of the North 18D fed of Tract 109
Golden Cate Estate, Unit No. 2, Plot Book
P090 75, of the Publlo Record. of Collier
County. Florida, being mare particularly
described oe follows;
Commencing at the Northeast comer or Trot
109; thence S.89'31'2819. along the Nortll F
of Tract 1D9, o distance of 55.00 teal tdl,,SSlIl1r
POINT OF BEGINNING; thence S.00'20'32'E..,`V.
distance of IBO.DO feat to Its intersection �rl�
the South line of the North 180 feet of TrM
109; thence S.59'31'28 W. along said South
line, a distance of 5.00 feet; thence
N.0P20'321V., a distance of 780.00 feet to
Its Intersection with the North line of Tract
109; thence N.B931.28'E. along said North
line, a distance of 5.00 feet to the POINT OF
BEGINNING.
Containing 900.00 square feet or 0.0207
acres, mom or less.
722
L158
Agenda Item No. 16K3
July 22.. 2008
10 C, I Page 7 of 8
I
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LINE TABLE
LENGTH
BEARING
1
55.DO
S89'31'28'W
L 5
180.00
500'28'32"E
U
5.00
S8731'28'W
L15ZI
180.OD
N00' `W
l
5.00
N59- 31'28"
2. o `b�gling is the West line of County
Roo � / K 951) being N 0P2B'3V W. Florida
Slate P�dn��dordinates NAD 83/90, East Zone.
3 yci to easements, rmerva8one and
iV.n. or record.
4, Easements shown heRDn ore per plat, unless
otherwise noted.
5. ROW represent. Right —of —Way.
6. P.O.B. repress nla Paint of Beginning.
7. P.O -C. represent. Point of Commencement.
8. O.R. mar... ml Officio) Records.
9. L.B.E. represents Landseope Buffer Easement,
10. U.E. represents Utility Easement,
TEMPORARY
CONSTRUCTION EASEMEMT
rr ^ . (DURATION: 3 YEAR$ FRW
COMMENCEMENT OF CONSTRUC IC"
CMND J. AT% .$.M. (FD" R THE FIRM)
FLORIDA JC. NO. 5834
r "33 "L1 j (DATE SIGNED)
NOT VALID WITHOUT THE SIGNATURE AND THE
ORGINAL RAISED SEAL OF A FLORIDA LICENSED I --
SURVEYOR AND MAPPER.
CERITICATE OF AUTHORIZATION LB #43
GRAPHIC SCALE
OF
SKETCH & DESCRIP770M
s.rru
ease
m
G']
D
Agenda Item No. 16K3
July 22, 2008
Page 8 of 8
_. EXHIBITLDEN
P.0.6,
0
GATECTES
P89e�_ Of 1 UNIT N0. 2
�1
P.B. 4, PAGE 75
L99
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g
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m
m
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N
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AR
m
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TRACT 122
0
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1Q9
-------- — -------- T-- -----------------
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L98
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LEGAL DESCRIPTION
A portion of the North 16D feet of
Tract 109 Golden Gob Estates Unit
No. 2. Plat Book 4. Pages 75 -76, of
the Public records of Collier County,
Florida. being more particuludy
described os fellows:
Beginning at the Northeast comer of
Tract 109; thence S.00'28'32'E. along
the East line of Tract 109, a distance
at 180.00 feet to its intersection with
the North line of the South 150 feet
of Tract 109; town. S.89'31'26'W.
along sold South line, o distance of
55.00 bet; then. N.00-2832 -W., a
distance of 180.OD feel to Its
Inleroectian with the North line of
Tract 109; thence N.89'31'28'E. clang
sold North line, a distance of 55.00
feet to the POINT OF BEGINNING.
Containing 9,900.00 square feel or
02273 acres, more or less.
WD J. H ..M. FOR THE FlRM
FLORIDA LI . NO. 5834
2 '1 ) D i (DATE SIGNED)
NOT VALID WfTHOUT THE SIGNATURE AND THE
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB #43
M e' 65061 — e.: faa
LINE
2. ps!.I of -ring ) is the West line of County
Radi115 51 being N 00'28'32' W, Florida
Sate IFpdrdinotes MAD 83190, East Zane.
easements, resenotions and
resklchah+ or record.
4.3. Easements shown hereon ore Per plot, unless
oth.miee noted.
5. ROW represents Right —of —Way.
6. P0.0. represents Point of Beginning.
7. P.O.C. represents Point of Commencement.
e. O.R. represents ONlciai Records.
9. L.B.E. represents Landscape Duffer Easement.
10. U.E. represents Utility Easement.
FEE BNIRE
INTEREST
o ze x m
GMPMIC SCALE
0
sw
we
se
0
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m
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a,we.,e SKETCH k VESCPJP77ON I
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esr- rwee�i-': .wiw nortxr n.: wen ww,sa¢ IZ2412
'Awe"' IM �r+.a 01/700.7 N6015- 005 -1)170 lTY XxXT L —L —B 1J2
tL Tea] fa:oe'a1 - Assealivies Aeeafsves/NeaAq