Agenda 02/26/2008 Item #16K 3
Agenda Item No. 151<3
FebrLiary 26, 2008
EXECUTIVE SUMMARY Page 1 of 10
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Recommendation to approve a Stipulated Final Judgment in the amount of $42,000.00 for
Parcels 126FEE and 126TDRE in the lawsuit styled Collier County. Florida 1'. ilHehael .I.
Crouch, et al., Case No. 07-3691-CA (Oil Well Road Project No. 60(44), (Fiscal Impact
$17,762,(15)
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment in
the amount of $42,000.00 fbr payment of full compensation for the taking of Parcels] 26FEE and
126TDRE in the lawsuit styled Co!lIer Coul1ly, Florida 1'. Michael.!. Crouch, el aI., Case No. 07-
369]-CA (Oil Well Road Projectl\io 6(044).
CONSIDERA TIONS: The Board of County Commissioners previously approved this settlement
on December 1 1,2007, Agenda Item 16](4. The total Gscal impact was $45,762.05. Because the
County did not receive the signed Stipulated Order of Taking and Final Judgment fl'om the owners
before the Order of Taking, the County acquired the subject property by entry of an Order of Taking
on January 4, 2008 and by depositing the amount of $28.000.00 into the Couti Registry on January
15. 2008. If the settlement is re-approved, the County is responsible for the j~>Ilowing costs
($45,762.05 - $28,000.00 = $17,761.05]:
. Additional Deposit/Disbursement Amount: $ ] 4.0()0.OO
. Clerk's Fee: S 150.00
. Expeli Fees and Costs: $ 2,000.00
"- . Reasonable Attorney's Fees; $ 1.612.05
TOTAL S 17.762.05
"Attorney's fees are mandated by ~n.092. F.S., and are based on 33'% o!'the total benelit achieved.
i.e., 0.33 x ($37,1 ] 5 - $42,0(0).
Attached is the proposed Stipulated Final Judgment providing for tbe abm'e costs.
The Stipulated Order of Taking and Final Judgment, which was approved by the Board on
December J I, 2007, was conditioned upon Respondents. pro\'iding to Petitioner an executed copy
of the sales contract pertaining to the rcmainder trac1 and Respondents" ks~ing out Parcds 126FEE
and 126TDRE fi.om the deed conveying the remainder tract to " third part)'. The Respondents did
not less out the parcels from the deed at the closing which neee,;sitilted modifying the terms of the
Stipulated Final Judgment as f{)lknls
1. Aftel. deposit of the additional funds into the Court Registry, the County shall have no
responsibility for the subsequent disbursement. aller apporiion1l1ent. of the funds on deposit in the
Couli Registry: and
1 All funds on deposit which arc subsequently disbursed to or for the benefit of Respondents,
Michael J. Crouch and Patricia Crouch. shall be disbursed in accordance with the Post Closing and
Escrow Agreement dated November 16. 2007 by and between J\lichael J. Crouch, Patricia Crouch,
Gary A. Spiert and Michael E. Spiert.
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Febr:.;ary 26, 2Q~i8
PagE' 2 Df 10
FISCAL IMPACT: Funds in thc mnount of S] 7,7iJ2.05 will comc fi.ol1l tbe Tral1sportation
Suppcllicd Tax Fund and Impact Fee Funds. Source of ilmds are Gas Taxes and Impact Fees. This
ilscal impact was prcvious]y approved on December II. 2007. Agenda Item! 6K4.
GROWTH MANAGEME'\'T IMPACT: None.
RECOMMENDA no'\;: That thc Board of County Commissioners:
]. Approvc the Stipulated Final Judgment as to Parcels] 26FEE and] 2iJTDRE;
2. ..\pprovc tbc expcnditure and disburscmcnt of funds as stated: and
3. Direct staff to d"l'osit tbe funds into the Court Rcgistry.
PREPARED BY: Heidi Ashton-Cicko, Assistant County Attomey
2
Page 1 of2
f\genda item t'0o. 16K3
February 26, 2008
Page 3 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMiSSIONERS
Item Number: "16K3
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of $42,00000 for
Parcsls 126FEE and 126TDRE in the lawsuit styled Collier County, Florida y, Michael J
CroLlch. et al Case No 07-3691-CA (011 Well Road Project No 60044), (Fiscal Impact
$1776205)
Meeting Date: 2/26/20089:00:00 AM
Prepared By
Heidi F. Ashton Assistant :::'ounty Attorney Date
County Attorney County Attorney Office 2/13/200811:09:30 AM
Approved By
Najeh Ahmad Director Date
Transportation Engineering &
Transportation Services Construction Management 2113120083:43 PM
Approved By
Norm E. Feder, AICP Transportation Division Administrator Date
Transportation Services Transportation Services Admin, 2113120084:43 PM
Approved By
fZevin Hendl"'j::f::s Ri:Jht Of Way Acqu~sit!on lV:anager Date
Transportation Services T=:::I{,.R:)W 2113,'':';00E 4:47 PM
Approved By
Sharon Newman ACCCluntng Supervisor Date
Transportation Servk;es TranspcrtztiorJ Services t,dmin 2!~ 3!':';008 5:31 PM
Approved By
Usa Tayior h!ianagementfSuaget t:.r.al}'st :),:;:te
-;-ranspor.atiol~ ServicEc>s Tr<'lnsp'J;.:atiol1 Administration 2./14/20088:36 AM
Approved By
OMS Coordinator Applications Ana:~'st Date
Administrative Services Information Technology 2114120084:30 PM
Approved By
David C. Weigel County Attorney Date
County Attorney Count~l' Attorney .office 2/15/200811:58 AM
Approved B)'
Susan Usher Senior Management/Budget Ar.a!j'st D<::ta
County Manager's Office Office of Management & Budget 2/15/20081:14 PM
file:/IC:\Agenda Test\ExDort\ 1 0 l-Februarv%2026, %202008\ 16.%20CONSENT%20AGEND... 2/20/2008
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Approved By
James V. Mudd County rJianager Date
Board of County
Commissioners County W,anager's Office 2118/20087:10 PM
file:/IC:\AgendaTest\Export\ I 0 I-Februarv%2026,%202008\ 16.%20CONSENT%20AGEND... 2/20/2008
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01/30/2008 15:04 8136432612 BELLAPATEL tge'2-oa :t'Pl\~ Jf&;3
r-ebrcary 6, ,_ 08
Page 5 of 10
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CmCUIT
IN AND FOR COLLmR COUNTY, FLORIDA
CIVIL ACTION
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COUlER COUN1Y, FLORIDA, a political 1
subdivision of the Stale of Florida,
Petitioner,
Case No.: 07-3691-CA
ys.
Parcel Nos.: 126FEE,126TDRE
MICHAEL J. CROUCH, et aI"
Respondents.
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STIPULATED FINAL JUDGMENT
TIllS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COlLIER COUN1Y, FLORIDA, by and through the undersigned counsel, and Respondents,
MICHAEL J. CROUCH and PATRICIA CROUCH, (hereafter "Respondents"), by and through I
their undersigned counsel. for entry of a Stipulated Final Judgment as to Parcels 126FEE and
126'IDRE 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, COlllER COUNTy, FLORIDA, is
the full compensation due Respondents, MICHAEL J, CROUCH and PATRICIA CROUCH, and
the Court being otherwise fully advised in the premises thereof, it is thereupon,
ORDERED AND ADnJDGEO that Respondeots, MICHAEL J. CROUCH and PATRICIA
CROUCH, have and recover from Petitioner, COLLIER COUNTy, FLORIDA, the sum of Forty.
Two TbOUliand Dolllll1il and No/lOO ($42,000.00) for Parcels 126FEE and 1261DRE as full
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payment for the propeny interests taken and for damages resulting to the remainder. if less than the
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D1/3€l/2€l08 15:04 8135432512 BE~LAPATEL L;;'2r;.r~o it~'PA~S:' :'IJ;13
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entire property was taken, business damages, and for all other damages in connection with said
parcels; it is furtJ\er
ORDERED that Respondents, MICHAEL J. CROUCH and PATRICIA CROUCH, receive
from Petitioner, COLLIER COUNTY, FLORIDA, as a reasonable attorney's fee the sum of One
Thousand Six Hundred Twelve DoUars and 05/100 ($1,612.05), pursuant to *73.091, F.S.; it is
further
ORDERED that Respondents, MICHAEL J. CROUCH and PATRICIA CROUCH, receive
from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Two Tbousand Dollars and No/100
($2,000.00) for engineering fees of DMA Engineering, Inc. No other attorney's fees, expert fees or
costs are awarded in this matter; it is further
ORDERED that Petitioner, COUJER COUNTY, FLORIDA, has previously deposited the
amount of Twenty-Eight Thousand Pollan; and No/IOO ($28,000.00) into the registry of the
Clerk of the Circuit Court toward the acquisition of Parcels 126FEE and 126IDRE at which time
title to said parcels 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
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Judgmomt entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an I
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additional Fourteen Tbousand Dollars and No/lOO ($14,000.00) into the registry of the Clerk of
the Circuit Court for the benefit of Respondents, MICHAEL J. CROUCH and PATRICIA
CROUCH; 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 further
ORDERED, after deposit of the additional funds in the Coun Registry, the County shall
have no responsibility for the subsequent disbursement, after apportionment, of the funds on deposit
in the Court Registry; it is further I
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01/30/2008 15:0~ 8135~32512 BELLAPATEL .L.genda Item f\jo. 16K3
Februal.f~200g
Page 7 of 10
~ ORDERED that all funds on deposit which are subsequently disbursed to or for the benefit
of Respondents, MICHAEL J. CROUCH and PATRICIA CROUCH, shall be disbursed in
accordance with the Post Closing and Escrow Agreement dated November 16,2007 by and between
Michael 1. Crouch, Patricia Crouch, Gary A. Spielt and Michael E. Spiert.; it is further
ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Order of
Taking and Final Judgment entered by the Court, Petitioner, COlLIER COUNTY, FLORIDA, shall
disburse !he tOtal amount of Three Thousand Six Hundred Twelve Dollars and as/tOO
($3,612.115), to BELLA Y. PATEL, ESQUIRE, Law Office of Bella Y. Patel, P.A., 13026
Waterford Run Drive, Riverview, Florida 33569 for attorney fees and planning fees; it is further
ORDERED that title to Parcel 1UPEE, a Fee Simple Interest, and Parcel 126TDRE, a
Temporary Driveway ReconstrUCtion Easement, being fully described in Exhibit "A" attached
hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, FLORIDA,
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pUISuant to the Order of Taking dated January 4, 2008, and the deposit of money heretofore made,
is approved, ratified, and confIrmed; it is funhe,
ORDERED that this Court reseJVes jurisdiction to enforce the terms of this Stipulated Final
J udgroent; it is further
ORDERED that the Notice of Lis Pendens in this cause recorded in Official Record Book
4292, Page 0557, et seq., of the Public Records of Collier County, Florida shall be dismissed lI$ to
Parcels 126FEE and 126TDRE; it is further
ORDERED that this Stipulated Final Judgment is subject to approval by the Board of
County CommissioneJ'S; it is further I
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of
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Collier County, Florida; it is therefore
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01(30(2008 15:04 8135432512 BiOLLAF'ATEL ,: '-~.:>~,r;3 Ifr:;y'-' (, I,~ 1 ;:.-":~' ")
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DONE AND ORDERED in Chambern at Naples, Collier County, Florida this _ day of
.2008.
CIRCUIT COURT JUDGE
Conformed CODies:
Heidi Ashton-Cicko, Esquire
Bella Y. Patel, Esquire
E. Glenn Tucker. Esquire
Helga P. Bellman Bigley, Trustee
Transrnedia Network, me, ,
M & I Marshall and Dsley Bank ,
I
Kevin Hendricks, Acquisition Mgrffransp. I
Bookkeeping I
JOINT MOTION FOR srIPULATED FINAL JUDGMENT
The Parties hereby stipulate and respectfully request this Court to enter the foregoing
Stipulated Final Judgment as to Parcels 126FEE and 126TDRE, @
Dated:
BE A Y. PAT L, ESQUIRE HEIDI ASHTON-CICKO, ESQUIRE
Florida Bar No.: 961670 Florida Bar No.: 966770
LAW OFFICE OF BELLA Y. PATFl-. P.A. OFFICE OFTIIE COUNTY ATTORNEY
13026 Watelford RIlO Drive HllIIllon Turner Building
Riverview PI.. 33569 3301 East Tamiami Trail
(813) 643-2762 - Telephone Naples, F1.. 34112
(813) 643-2612 . Facsimile (239) 252-8400 - Telephone
A TIORNEY FOR RESPONDENTS (239) 252-6300 - Facsimile i
ATIORNEY FOR PETITIONER
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8136432612 BELLAPATEL Agenda R~EiEI'loI'l66K3
01/31'1/21'11'18 15: 1'14 February 26, 2008
Page 9 of 10
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PROJECT NO. 60044 EXHIBIT /{ I
PROJECT PARCEL NO, 126 FEE
FEE SIMPLE INTEREST Paga...uof (C:; (, I
LEGAL DESCRIPTION & SKETCH
(NOT A SURVeY)
THE NORTH 21 FEET OF TRACT 49A. GOLDEN GATE ESTATES
UNIT NO. 64, AS RECORDED IN PLAT BOOK 7. PAGE 64 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 0.159 ACRES, MORE OR lESS,
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PJr:CJlOSS:lADOnlOWll.. RJQH1.or:.wAV~1 FSErJ
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FEE SIMPl.E
INTeReST
WES"ROP$IY .!5U'l" PROPER'TV tWB
TRACT 49A
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NOT TO SCJ!LE
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EXHIBIT-ikr
Page 4-?; of
LEGAL DESCRIPTION AND SKETCH
ismporary Driveway Restoration Easement Perael No. 126 TORE
{ThIs Is not a Field SUN~
DESCRIPTION
The east 32.0 feet of the West 69.5 feet 01 the South 25.0 f"et of the
North 46.0 feel of Tract 49A, Golden Gate 5Btataa. Unit No. 64, es I"l!lcorded
In Plat Book 7, Pace 64 01 the Public Records of Collier County, FlOrida.
Containing 800.0 squere leet, more or leas.
TEMPORARY ORIWW,\y
R!&lllAATION &.selENT -.
lOOl1ATlojU YI!ARS. . .
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OIL WELL RD, (C,R. 858)
(100' R/W)
EXIS11NG
RIGHT-Of.-WAY UNE' S 89'31110'" E 3;\0.0'
-:2.1.0' 21.0.-
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37.5' T"'...MPORARY DRIVEWAY -
RESTDAAllON EASEMENT NOT TO SCALE
UJ NO, 125 TORE S:
, (BOO.OOt SQUARE FEET) .
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0 TRAar 49A r
0 0
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N 89'4(1'50' W 330.0'
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. BEARlNG5 AND DIMENSIONS SHaWN ~ I
BAS5D ON ll-lE PLAT OF OOLDEN GATE
ESTATES, UNIT 64, COWER COUNTY. FL !
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