Agenda 03/25/2008 Item #16K 6
A08ilda item ~~o. 16K6
.., March 25, 2008
Page 1 of 23
EXECUTIVE SUMMARY
Recommendation to approve four settlements for road right-of-way parcels acquired through
condemnation for the Oil Well Road Project (Oil Well Road Project #60044). (Fiscal Impact
$19,207.00)
OBJECTIVE: That the Board of County Commissioners approve the proposed Stipulated Final
Judgments for payment of full compensation, expert fees and costs, for the taking of Parcel
149RDUE in Collier County. Florida v. John Goddard, et aI., Case No. 07-3lll-CA, Parcel
l54RDUE in Collier Couuty. Florida. v. Patricia K. Carlyle, et aI., Case No. 07-2829-CA, Parcel
l59RDUE in Collier County. Florida v. Allen W Barnes, et al.. Case No. 07-2864-CA, and Parcel
1 86RDUE in Collier County, Florida v. Rupert Teny Dupree. et aI., Case No. 07-3328-CA.
CONSIDERATIONS: These parcels are all similarly situated and wcre negotiated as a group. In
an effort to facilitate this Board's review and consideration, they have been consolidated into one
agenda item. The owncrs' enginccr, hired to evaluate the County's construction plans, had concerns
about drainage in the after condition along Everglades and opined that the roadway as designed
would act much like a dam and result in flooding on the properties. On the basis of this
engineering report, the owners filed a counterclaim against the County, alleging a separate taking
and damages as a result of the purp0l1ed flooding. Although the County disputed the owners'
engineer's contentions, a minor revision in the project plans eliminated any such claim by the
owners. As a result of the County's action in revising the plans, the owners' attorney claimed a fee
pursuant to Section 73.092(2), Fla. Stat., based on a non-monetary benefit.
The chari below identifies the original offers, the deposits made in January, the settlement amounts,
and the additional cost to the County should the Board accept staff's recommendation. Each
settlement includes $770 for expert fees, primarily engineering fees, and $750 for attorney's fees.
Although the County's appraiser opined that land values were $75,000 per acre in early 2007, staff
made incentive offers based on $100,OOO/acre. Due to the declining market through 2007, the
County's appraisal expert at the time of the Order of Taking hearings in January estimated land
values at $35,000/acre, thereby resulting in a significant difference between the original offers and
the good faith deposits. Based on this, the final settlements were generally reduced from the
original offer as noted below for these small takings. Should litigation continue at this point, the
County can expect, at the very least, each owner to obtain an appraisal report to substantiate their
value and eOUl1-ordered mediation. These costs are borne by the County and alone can range from
$6,500 to $11,000 per parcel.
Parcel Offer Deposit Settlement Additional Cost (if approved)
149RDUE $ 5.150.00 $ 1,800.00 $ 5,381.00 $ 3.581.00
I 54RDUE $10,200,00 $ 3,600.00 $ 9,168.00 $ 5,568.00
159RDUE $12,276.00 $ 4,300,00 $10,727.00 $ 6,427.00
186RDUE $ 6,000.00 $ 2,400.00 $ 5.881.00 $ 3,481.00
Total $33,626.00 $12,100.00 $31,157.00 $19,057.00
--
Staff believes the proposed settlements are fair and reasonable both to the propel1y owners and the
taxpayers of Collier County. The foregoing settlements are memOlialized in the attached Stipulated
Final Judgments.
;",J2nCa item l'lO. 1 Cf~:6
~ 1'v'larc:h 25, 2003
Page 2 of 23
FISCAL IMPACT: There will be a Clerk's scrvice fee of $150.00 for the deposit of funds in the
court registry lor Parcel I 86RDUE. Funds in the amount of $19,207.00 will come from the
Transportation SuppOlted Gas Tax Fund and Impact Fee Funds. Source of funds are Gas Taxes and
Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDA nON: That the Board of County Commissioners approve the proposed
Stipulated Final Judgments as to Parcels 149RDUE, 154RDUE, 159RDUE, and I 86RDUE;
approve the expenditure and disbursement of funds as stated; and direct staff to deposit the sum of
3,48 1.00 into the registry of the court.
PREPARED BY: Heidi Ashton-Cicko, Assistant County Attorney
2
~';gellda Item t~o. 1 G~Z6
March 25, 2008
Page 3 of 23
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,
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Petitioner,
Case No.:
vs.
Parcel No.: 149RDUE
JOHN GODDARD, et aI.,
Respondents.
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STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made hy Petitioner,
COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondent,
CONSTAIN CARRILLO, by and through his undersigned counsel, for entry of a Stipulated Final
Judgment as to Parcel 149RDUE, 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, COLLIER
COUNTY, FLORIDA, is the full compensation due Respondent, CONST AIN CARRILLO, and the
COUlt being otherwise fully advised in the premises thereof, it is thereupon,
ORDERED AND ADJUDGED that Respondent, CONSTAIN CARRILLO, have and
recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Five Thousand Three
Hundred Eighty-One Dollars and No/l00 ($5,381.00) for Parcel 149RDUE inclusive of
attorney's fees, expert fees and costs, as full payment for the property interests taken and for
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damages resulting to the remainder, if less than the entire property was taken, business damages,
and for all other damages in connection with said parcel; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit in the
amount of One Thousand Eight Hundred Dollars and No/loo ($1,800.00) which was previously
deposited into the registry of the Clerk of the Circuit Court toward the acquisition of Parcel
149RDUE at which time title to said parcel as described in Exhibit "A" vested in the name of
Petitioner; it is further
ORDERED that within thirty (30) days of rcceipt by Petitioner of the Stipulated Final
Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the total
amount of Three Thousand Five Hundred Eighty-One Dollars and No/IOO ($3,581.00) to the
LAW OFFICE OF BELLA Y. PATEL TRUST ACCOUNT, c/o Bella Y. Patel, Esquire, Law
Office of Bella Y. Patel, P.A., 13026 Waterford Run Drive, Riverview, Florida 33569 for the
balance of ful! compensation due to Respondent; it is further
ORDERED that the Clerk shall disburse the total amount of One Thousand Eight
Hundred Dollars and No/IOO ($1,800.00) to the LAW OFFICE OF BELLA Y. PATEL TRUST
ACCOUNT, c/o Bella Y. Patel, Esquire, Law Office of Bella Y, Patel, P.A., 13026 Waterford Run
Drive, Riverview, Florida 33569 for the benefit of Respondent; it is further
ORDERED that title to Parcel I 49RDUE, a 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, COLLIER COUNTY, FLORIDA, pursuant to the Order of
Taking dated January 4, 2008, and the deposit of money heretofore made, is approved, ratified, and
confirmed; it is further
ORDERED that this Court reserves jurisdiction to enforce tlle terms of this Stipulated Final
Judgment; it is further
2
/\genda ltern ~~o. 16K6
March 25, 2008
Page 5 of 23
ORDERED that the Notice of Lis Pendens filed in this action and recorded in Official
Record Book 4280, Page 347 et seq., of the Public Records of Collier County, Florida be dismissed
as to Parcel 149RDUE; it is further
ORDERED that this Stipulated Final Judgment is subject to approval by the Board of
. .
County Commissioners; it is further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of
Collier County, Florida; it is therefore
DONE AND ORDERED in Chambers at Naples, Collier County, Florida this _ day
of
,2008.
CIRCUIT COURT JUDGE
Conformed Copies:
Hcidi Ashton-Cicko, Esquire
Bella Y. Patel, Esquire
Kevin Hendricks, Acquisition Mgr/Transp.
Bookkeeping
3
:~,J0nCa Item ~~o. '1 CI<6
'-' IJarch 25. 2008
Page 6 of 23
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
The parties hereby stipulate and respectfully request this Court to enter the foregoing
Stipulated Final Judgment as to Parcel 1 49RDUE.
Dated:
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HEIDI ASHTON-CICKO, ESQUIRE
Florida Bar No. 966770
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
ATTORNEY FOR PETITIONER
BELL Y. PATEL, ESQUIRE
Florida Bar No. 961670
LAW OFFICE OF BELLA Y. PATEL. PA
13026 Waterford Run Drive
Riverview, Florida 33569
(813) 643-2762 - Telephone
(813) 643-2612 - Facsimile
A TTORNEY FOR RESPONDENT
4
,4genda Item No. '16K6
March 25, 2008
____--'___.f2:J.E'_Z2f.2l__
PROJECT NO. 60044
PROJECT PARCEL NO. 149RDUE
PERPETUAL, NON-EXCLUSNE ROAD RIGHT -OF-WAY, DRAlNAGE AND UTIliTY EASEMENT
LEGAL DESCR/PTlON & SKETCH ..
(NOT A SURVEY)
EXH~ tJ.
Page~
THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET
OF TRACT 127, GOLDEN GATE ESTATES UNIT NO. 69, AS
RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS
OF COLLIER COUNlY, FLORIDA,
CONTAINING 0.052 ACRES, MORE OR lESS.
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AND UT1UTY EASEt.lENT
HORTH PROPERTY UNE
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THE NORTH 75 FEET OF TRACT 127
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?oJe 8 of 23
COLLIER COUNTY
BOARD OF COUNTY COMMiSSIONERS
Item Number:
Item Summary:
16K6
Meeting Date:
Recommendation 10 approve four settlements for road right-af-way parcels acquired through
condemnation for the Oil Well Road Project (Oil Well Road Project # 60044). (Fiscal Impact
$19.20700)
3125/200890000 AM
Prepared By
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
3151200B 9:22:20 Al~
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TeeM-ROW
3/10/2008 1 :24 PM
Approved By
Najeh Ahmad
Director
Date
Transportation S8iV:~:SS
Transportation ::.ngineering &
Construction fJ:a.nagemsnt
3/10,'20083:18 PM
i\pproved By
Usa TaYlor
~",anagement.lBudgel Analyst
Date
Transportation Services
Transportation Administration
3/':1/200811:05 AM
Approved By
Jeff I<Jatzt-cow
Assistant County Attorney
Date
County Attorney
C:IL:n~y Attorney Office
3/12/20.082:05 PM
Approved By
Norm E, Feder, AICP
Transportation Division A.dministralcr
Date
Transportation Services
Transportation Servi:es Admin.
3i13/2008 9:59 Anll
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
311412008 1:17 PI~
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Infonnation Technology
3/17/20087:41 Ar\ll
Approved By
Susan Usher
Senior rt.anagemenUBudget Ana!yst
Date
County Manager's Office
Office of Management & Budget
3119/:::008 9:59 AM
file://C:\AcendaTest\Fxnort\ 1 01-March%"0)'i%)0700R\ Iii %70CON<;FNTO;;,70AGFNnA \
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Page 20f2
1'-,oenda Item No. 16~\6
.... fv1arch 25, 2008
Page 9 of 23
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3/19/20084:45 PM
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~\':ar;;h ~5, 2003
Page 10 of 23
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CI\1L ACTION
COLLIER COUNTY, FLORIDA, a political subdivision
of the State of Florida,
Petitioner,
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Parcel No.: 159RDUE "
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ALLEN W. BARNES AS PERSONAL
REPRESENTATlVE OF AND SOLE HEIR TO
THE ESTATE OF HILDA M. BARNES, et aI.,
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Respondents.
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STlPULA TED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents,
ROBERT MEDINA and FELlCIT A MEDINA, by aDd through their undersigned counsel, for
entry of a Stipulated Final Judgment as to Parcel 159RDUE, 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, COLLIER COUNTY, FLORIDA, is the full compensation due
Respondents, ROBERT MEDINA and FELICITA MEDINA, and the Court being otherwise
fully advised in the premises thereof, it is thereupon,
ORDERED AND ADJUDGED that Respondents, ROBERT MEDINA and FELICITA
MEDINA, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of
Ten Thousand Seven Hundred Twenty-Seven Dollars and No/IOO ($10,727.00) for Parcel
159RDUE inclusive of attorney's fees, expert fees and costs, as full payment for the property
,.!I"Qenca Hem !-lo. 161<6
f'\i1arch 25, 20G8
Page 11 of 23
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 parcel; it is
further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit in
the amount of Four Thousand Three Hundred Dollars aud No/tOO ($4,300.00) which was
previously deposited into the registry of the Clerk of the Circuit Court toward the acquisition
of Parcel 159RDUE at which time title to said parcel as described in Exhibit "An vested in the
name of Petitioner; it is further
ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall disburse
the total amount of Six Thousand Four Hundred Twenty-Seven Dollars and No/lOO
($6,427.00) to (he LAW OFFICE OF BELLA Y. PATEL TRUST ACCOUNT, c/o Bella Y.
Patel, Esquire, Law Office of Bella Y, Patel, P.A., 13026 Waterford Run Drive, Riverview,
Florida 33569 for the balance offull compensation due to Respondents; it is further
ORDERED that the Clerk shall disburse the total amount of Four Thousand Three
Hundred Dollars and No/tOO ($4,300.00) to the LAW OFFICE OF BELLA Y. PATEL
TRUST ACCOUNT, c/o Bella Y. Patel, Esquire, Law Office of Bella Y. Patel, PA., 13026
Waterford Run Drive, Riverview, Florida 33569 for the benefit of Respondents; it is further
ORDERED that title to Parce1159RDUE, a 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, COLLIER COUNTY, FLORIDA, pursuant
to the Order of Taking dated January 4, 2008, and the deposit of money heretofore made, is
approved, ratified, and confirmed; it is further
ORDERED that this Court reserves jurisdiction to enforce the terms of this Stipulated
Final Judgment; it is further
2
:L:-,iTi ;-J:J. Gf~6
fJhr,::h 25. 2008
t:Jage 12 of 23
ORDERED that the Notice of Lis Pendens filed in this action and recorded in Official
Record Book 4273, Page 4101 el seq., of the Public Records of Collier County, Florida be
dismissed as to Parcel 159RDUE; it is further
ORDERED that this Stipulated Final Judgment is subject to approval by the Board of
County Commissioners; it is further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official
Records of Collier County, Florida; it is therefore
DONE AND ORDERED in Chambers at Naples, Collier County, Florida this _
day of
m~m_' 2008.
CIRCUIT COURT JUDGE
Conformed Copies:
Hcidi Ashton-Cicko, Esquire
Bella Y. Patcl, Esquire
Kevin Hendricks, Acquisition MgrlTransp.
Bookkeeping
3
,L\:Jenda item 1\10. 1 !:J}(6
oJ ~"~arch 25, 2D08
Page 13 of 23
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
The parties hereby stipulate and respectfully request this Court to enter the foregoing
Stipulated Final Judgment as to Parcel ]59RDUE.
Dated:
BELA Y. PATEL, ESQUIRE
Florida Bar No. 961670
LAW OFFICE OF BELLA Y. PATEL. P .A.
13026 Waterford Run Drive
Riverview, Florida 33569
(813) 643-2762 - Telephone
(813) 643-2612 - Facsimile
ATTORNEY FOR RESPONDENTS
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HEIDI ASHTON-CICKO, ESQUIRE
Florida Bar No. 966770
OFFICE OF THE COUNTY A ITORNEY
Harrnon Turner Building
330] East Tamiarni Trail
Naples, Florida 341]2
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
A TTORNEY FOR PETITIONER
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PROJECT NO. 60044
PROJECT PARCEL NO. 159RDUE
PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
DC
LEGAL DESCRIPTION & SKETCH EXHI~JT _ A
(NOT A SURVEY) Page~1
THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 180
FEET OF TRACT 124, GOLDEN GATE ESTATES UNIT NO. 69, AS
RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA.
CONTAINING D. 124 ACRES, MORE OR LESS.
EAST PROPERr'I' LIHE
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PERPE'IUAl NOI'H'XCLUSNE
ROAD RIGHT-oF-WAY. DRAINAGE
AND UTIUlY EASEMEloIT
NOFml PROP:RTY UNE
SOUTH PROParTY LINE
THE NORTH 180 FEET OF TRACT 124
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Agenda :tsm ['>Jo. 16K6
i'v':arch 25, 2008
Page 15 of 23
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,
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Case No.:
vs.
Parcel No.: 154RDUE
P A TRlCIA K. CARLYLE, et aI.,
Respondents.
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STIPULATED FINAL JlTDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents,
PEDRO PARDO and MERCEDES PARDO, by and through their undersigned counsel, for entry of
a Stipulated Final Judgment as to Parcel I 54RDUE, and it appearing to the Court that the parties are
authorized to make such motion, the Court fmding that the compensation to be paid by Petitioner,
COLLIER COUNTY, FLORIDA, is the full compensation due Respondents, PEDRO PARDO and
MERCEDES PARDO, and the Court being otherwise fully advised in the premises thereof, it is
thereupon,
ORDERED AND ADJUDGED that Respondents, PEDRO PARDO and MERCEDES
PARDO, have and recover from Petitioner, COLLlER COUNTY, FLORIDA, the sum of Nine
Thousand One Hundred Sixty-Eight Dollars and No/100 ($9,168.00) for Parcel 154RDUE
inclusive of attorney's fees, expert fees and costs, as full payment for the property interests taken
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Page IG of 23
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 parcel; it is further
ORDERED that Petitioner, COLLIER CO'UNTY, FLORIDA, is entitled to a credit in the
amount of Three Thousand Six Hundred Dollars and No/IOO ($3,600.00) which was previously
deposited into the registry of the Clerk of the Circuit Court toward the acquisition of Parcel
154RDUE at which time title to said parcel as described in Exhibit "A" vested in the name of
Petitioner; it is further
ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the total
amount of Five Thousand Five Hundred Sixty-Eight Dollars and No/IOO ($5,568.00) to the
LAW OFFICE OF BELLA Y. PATEL TRUST ACCOUNT, c/o Bella Y. Patel, Esquire, Law
Office of Bella Y. Patel, PA, 13026 Waterford Run Drive, Riverview, Florida 33569 for the
balance of full compensation due to Respondents; it is further
ORDERED that the Clerk shall disburse the total amount of Three Thousand Six Hundred
Dollars and No/IOO ($3,600.00) to the LA W OFFICE OF BELLA Y. PATEL TRUST ACCOUNT,
c/o Bella Y. Patel, Esquire, Law Office of Bella Y. Patel, P.A., 13026 Waterford Run Drive,
Riverview, Florida 33569 for the benefit of Respondents; it is further
ORDERED that title to Parcel 154RDUE, a 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 Pelitioner, COLLIER COFNTY, FLORIDA, pursuant to the Order of
Taking dated January 4, 2008, and thc deposit of money heretofore made, is approved, ratified, and
confirmed; it is further
ORDERED that this Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment; it is further
2
/\genda Item No, 16K6
i'v1arch 25, 2008
Page 17 of 23
ORDERED that the Notice of Lis Pendens filed in this action and recorded in Official
Record Book 4272, Page 3641 et seq., of the Public Records of Collier County, Florida be
dismissed as to Parcel I 54RDUE; it is further
ORDERED that this Stipulated Final Judgment is subject to approval by the Board of
County Cornmissioners; it is further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of
Collier County, Florida; it is therefore
DONE AND ORDERED in Chambcrs at Naples, Collier County, Florida this _ day
of
,2008.
CIRCUIT COURT JUDGE
Conformed Copies:
Heidi Ashton-Cicko, Esquire
Bella Y. Patel, Esquire
Kevin Hendricks, Acquisition Mgr/Transp.
Bookkeeping
3
t\:Ellda it;3m ~'-Jo, 161\.6
~ h':arch 25, 2003
Page 18 of 23
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
The par1ies hereby stipulate and respectfully request this Court to enter the foregoing
Stipulated Final Judgment as to PareeI154RDUE.
Dated:
Dated:
BELLA Y. A TEL, E QUIRE
Florida Bar No. 961670
LAW OFFICE OF BELLA Y. PATEL. P.A.
13026 Waterford Run Drive
Riverview, Florida 33569
(813) 643-2762 - Telephone
(813) 643-2612 - Facsimile
ATTORNEY FOR RESPONDENTS
HEIDI ASHTON-CICKO, ESQU
Florida Bar No. 966770
OFFICE OF THE COUNTY ATTORNEY
Hannon Turner Building
3301 East Tarniami Trail
Naples, Florida 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
ATTORNEY FOR PETITIONER
4
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p,genda Item No. 161<.6
March 25, 2008
Page 19 of 23
~._-_._--~---,----------_.
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PROJECT NO. 60044
PROJECT PARCEL NO. 154RDUE
PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTIUlY EASEMENT
c
lEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
EXHIBIT A
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THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 150
FEET OF TRACT 126, GOLDEN GATE ESTATES UNIT NO. 69, AS
RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS
OF COlLIER COUNTY, flORIDA,
. CONTAINING 0.103 ACRES, MORE OR LESS.
F.l..'IT PROPF.r<:TV litE
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ROAD RIGHT-oF-WAY, DRAINAGE
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NORTH PROPERlY U
SOlIDi F'RClF'mTY UNE
THE SOUTH 150 FEET OF TRACT 126
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I\~,~rch 25, 2008
Page 20 of 23
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIA.L,Cj~<;;VIT11j:
IN AND FOR COLLIER COUNTY, FLORmA~JNiY A~'
CIVIL ACTION
2008 FEB 29 ~i1 J: 18
COLLIER COUNTY, FLORIDA, a political subdivision
of the State of Florida,
Petitioner,
Case No.: 07-3328-CA
vs.
Parcel No.: 186RDUE
RUPERT TERRY DUPREE AKA R. TERRY
DUPREE, et aI.,
Respondents.
/
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Rcspondent,
RUPERT TERRY DUPREE aka R. TERRY DUPREE (hereafter "Respondent"), by and through
his undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 186RDUE, 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, COLLIER COUNTY, FLORJDA, is the full
compensation due the Respondent, and the Court being otherwise fully advised in the premises
thereof, it is thereupon,
ORDERED AND ADJUDGED that the Respondent, have and recover from Petitioner,
COLLIER COUNTY, FLORIDA, the sum of Fiye Thousand Eight Hundred Eighty-One Dollars
and No/lOO ($5,881.00) for Parcel I 86RDUE inclusive ofattomey's fees, expert fees and costs, as
full payment for the property interests taken and for damages resulting to thc rcmainder, if lcss than
the entire property vvas taken, business damages, E...'1d for all otl)er damages in connection ',lliLtt said
parcel; it is further
P\';J8nda item t~o. 16~(6
f\~arch 25, 2008
Page 21 oi 23
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit in the
amount of Two Thousand Four Hundred Dollars and No/tOO ($2,400.00) which was previously
deposited into the registry of the Clerk of the Circuit Court toward the acquisition of Parcel
186RDUE at which time title to said parcel as described in Exhibit "A" vested in the name of
Petitioner; it is further
ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an
additional Three Thousand Four Hundred Eighty-One Dollars and No/tOO ($3,481.00) into the
registry of the Clerk of the Circuit Court for the benefit of Respondent; it is further
ORDERED that disbursement of the sums on deposit in the Court Registry shall be by
further order of this Court; it is finther
ORDERED that title to Parcel I 86RDUE, a 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, COLLIER COUNTY, FLORIDA, pursuant to the
Order of Taking dated January 4, 2008, and the deposit of money heretofore made, is approved,
ratified, and confirmed; it is further
ORDERED that this Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment; it is further
ORDERED that the Notice of Lis Pendens filed in this action and recorded in Official
Record Book 4284, Page 1714 et seq., of the Public Records of Collier County, Florida be
dismissed as to Parcel I 86RDUE; it is further
ORDERED that this Stipulated Final Judgment is subject to approval by the Board of
County Commissioners; it is finther
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of
Collier County, Florida; it is therefore
2
i:cm ~'JG. ~i!3i",5
>krch 25, 20:18
t"a'08 Z2 of Z3
day of
DONE AND ORDERED in Naples, Collier County, Florida on this
,2008.
CIRCUIT COURT JUDGE
Conformed Copies:
Heidi F. Ashton, Esquire
Bella Y. Patel, Esquire
Sandra Little, Esquire
E. Glenn Tucker, Esquire
Countrywide Home Loans, Inc.
Countrywide Bank NA
Gulf Coast Restoration Service LLC
Kevin Hendricks, Acquisition Mgr/Transp.
Bookkeeping
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, RUPERT TERRY
DUPREE aka R. TERRY DUPREE, hereby respectfully move for entry of the foregoing Stipulated
Final Judgment as to Parcel186RDUE.
Dated: .1..\dl\ \01:'
_ ~\I~~I,\
BELLA Y. PATEL, ESQUIRE
Florida Bar No.: 961670
BELLA Y. PATEL, PA
13026 Waterford Run Drive
Riverview, FL 33569
(813) 643-2762 - Telephonc
(813) 643-2612 - Facsimile
ATTORNEY FOR RESPONDENT
Dated:
HEIDI ASHTON-CICKO, ESQU~
Florida Bar No.: 966770
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, FL 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
ATTORNEY fOR PETITIONER
3
/~genda Item r'~o. 16K6
f'v1arch 25, 20CJS
-.---.-------pq::;re--Z:;-TJ1Lj--
PROJECT NO. 80044
PROJECT PARCELS NO. 188RDUE
PERPETUAL, NON-EXCLUSIVE ROAD RIGHT -OF.WAY, DRAINAGE AND UTI LIlY EASEMENT
LEGAL DESCRIPTION AND SKETCH EXHIBIT A
(NOT A SURVEY) Page..L.L:i~
THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 75 FEET
OF THE NORTH 150 FEET OF TRACT 117, GOLDEN GATE ESTATES,
UNiT NO. 64, AS RECORDED IN THE PUBLIC RECORDS OF .
COLLIER COUNTY, FLORIDA.
CONTAINING 0.052 ACRES, MORE OR LESS.
EASi PROPERTY LNE
j
_hL..~~~:.~~~~~.'~,~_~~.E:~~ .~~R
PROPOSEDAODmCJl..JALRIGfiT-oF-WAYr.l()FEEn --'"
".(JF-IVf<.'f
:50Fal/
Nnrffi.ltJR'nP"~Tr'III>JF .
THE
SOUTH
75 FEET
OF THE
NORTH .... ~t)!m;PR~~'Ir.&
150
Fm
OF
TRACT
117
PERPE1UAL, NON-8(CLUSIVE
ROAD RlGHT.oF..\\i6.Y, DfWNAGE
AND UllUTY EASEMENT
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NORTH
NOT TO SCALE