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Agenda 02/12/2008 Item #16K 2 Agenda Item No, 16K2 February 12, 2008 Page 1 of 36 EXECUTIVE SUMMARY ReeommeDdatioD to approve seveD settlemeDts for road right-of-way parcels aequired through eODdemDatioD for the on WeD Road Project (On WeD Road Project # 60044). (Fiscal Impact 541,920.25) 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 174RDUE in CC v. Hittinger, Case No, 07-3898-CA. Parcel 192RDUE in CC v, Munoz. Case No,07-2823-CA, Parcel205RDUE in CC v, Sardinas, Case No, 07-2824-CA, Parcels 182RDUE and 196RDUE in CC v, Yzaguirre, Case No, 07-2746-CA. Parcel 197RDUE and 189RDUE in CC v, Noel. Case No, 07 -3200-CA CONSIDERA nONS: These parcels are all similarly situated and were negotiated as a group, In an effort to facilitate this Board's review and consideration, they have been consolidated into one agenda item. The owners' engineer, 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 purported flooding. Although the County disputed the owners' engineer's contentions, it revised the project plans to eliminate 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 chart below identifies the original offers, the deposits made in January, the settlement amounts, and the additional cost to the County should the Board accepts staffs 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 $loo,ooo/acre, Due to the declining market through 2007, the County's appraisal expert, at the time of January's Order of Taking hearings, estimated land values at $35,000/acre, thereby resulting in a significant difference between the original offers and the good faith deposits, Should litigation continue at this point, the County can, at the very least, expect each owner to obtain an appraisal report to substantiate their value and court-ordered mediation. These costs are borne by the County and alone can range from $6500 to $11,000 per parcel. Parcel Offer Deposit Settlement Add'l Cost (ihpproved) 174RDUE $12,100 $4,200 $10,504.25 $ 6,30425 182RDUE $12,100 $4,200 $10,504.25 $ 6,30425 196RDUE $10,300 $3,600 $ 9,167,75 $ 5,567,75 192RDUE $ 5,200 $1,800 $ 5,38\.00 $ 3,58\.00 189RDUE $ 5,200 $1,800 $ 5,38\.00 $ 3,581.00 197RDUE $10,300 $3,600 $ 9,167,75 $ 5,567,75 205RDUE 524.100 $8.400 $19.414,25 $ 1 \.014.25 Total 579,300 $27,(iOO 569,510.25 5 41,920.25 ,.-'" Aaenda Item No. 16K2 v February 12, 2008 Page 2 of 36 Staff thinks the proposed settlements are fair and reasonable both to the property owners and the taxpayers of Collier County. The foregoing settlements are memorialized in the attached Stipulated Final Judgments. FISCAL IMPACT: Funds in the amount of $41,920.25 are available in Impact Fees and/or Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDA nON: That the Board of County Commissioners: I. Approve the proposed Stipulated Final Judgments as to Parcels 174RDUE, 182RDUE, 189RDUE, 192RDUE, 196RDUE, 197RDUE and 205RDUE; 2. Approve the expenditure of funds as stated. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney 07-3200.cN193S 2 Page] of2 Agenda Item No. 16K2 February 12. 2008 Page 3 of 36 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16K2 Meeting Date: Recommendation to approve seven settlements for road right~of~way parcels acquired through condemnation for the Oil Well Road Project (Oil Well Road Project # 60044). (Fiscal Impact $41.920.25) 2/12/2008 9:00:00 AM Prepared By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 11301200810:11:35 AM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & Construction Management 11301200810:46 AM A pproved By Lisa Taylor ManagementJBudget Analyst Date Transportation Services Transportation Administration 11301200811:09 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TEeM-ROW 1/301200811:47 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 1130/2008 1: 1 8 PM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 1/30120081:49 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 113012008 3:08 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 1130120083:52 PM Approved By OMS Coordinator Applications Analyst Date Administrative Services Information Technology 1131120088:38 AM file://C:\AgendaTest\Export\ 1 00-February%20 12, %202008\] 6.%20CONSENT%20AGEND... 2/6/2008 Page 2 of 2 Agenda Item No. 16,(2 February 12, 20GB Page 4 of 36 Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management 8. Budget 211120086:06 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 213/200810:10 PM file://C:\AgendaTest\Export\ 1 00-February%20 12, %202008\ 16.%20CONSENT%20AGEND... 2/6/2008 Agenda Item No. 16K2 February 12, 2008 Page 5 of 36 IN THE CIRCUIT COURT OF THE TWENTlEm JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, v, Case No. 07-3898-CA HELMUT HITTlNGER, et al., Parcel: 174RDUE Respondent. / STIPULATED FINAL JUDGMENT TH1S CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, and Respondents, FRANK ALFIERI and DONNA ALFIERI, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel I 74RDUE, 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, FRANK and DONNA ALFIERI, and the Court being otherwise fully advised in the premises, it is thereupon ORDERED AND ADJUDGED that: 1. Respondents, FRANK and DONNA ALFIERI, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the swn of Ten Thousand Five Hundred Four and 25/100 DoUan ($10,504.25) for Parcell 74RDUE, as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other Aoenda Item No 16K2 - February 1 z'. 2008 Page 6 of 36 damages in connection with said parcel, and all attorney's fees and defense costs. No other costs and attorney's fees, including supplemental attorney's fees, shall be awarded in this cause, 2. Petitioner will be entitled to a credit in the amount of $4,200.00 for the good faith deposit made in accordance with the Order of Taking, 3, Title to Parcell 74RDUE in perpetual, non-exclusive Road Right-of-Way, Drainage and Utility Easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated January 9, 2008, and the deposit of money heretofore made, is approved, ratified, and confirmed, 4. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 4295, Page 2102 of the Public Records of Collier County, Florida be dismissed as to Parcel No, 1 74RDUE, 5, Within thirty (30) days from receipt of this order, Petitioner shall pay the sum of Six Thousand Three Hundred and Four and 25/100 Dollars ($ 6,304.25) to Bella y, Patel, P.A. Trust Account, c/o Bella y, Patel, Esq., 13026 Waterford Run Drive, Riverview, FL, 33569, for the benefit of Frank and Donna Alfieri. 6, Upon entry of this order, the Clerk shall immediately disburse the total amount of Four Thousand Two Hundred and No/lOO Dollars ($4,200.00), made payable to Bella Y. Patel, P.A. Trust Account, c/o Bella y, Patel, Esq., 13026 Waterford Run Drive, Riverview, FL, 33569, for disbursement of compensation, attorney's fees and costs, 7. 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 # Agenda Item No. 16K2 February 12, 2008 Page 7 of 36 8. This Stipulated Final Judgment resolves all issues and claims asserted in this cause and arising out of or relating in any way to the acquisition of Parcel 174RDUE and shall be recorded in the Official Records of Collier County, Florida 9, This Court retains jurisdiction to enforce the terms of this Stipulated Final Judgment. DONE AND ORDERED in Naples, Florida, this _ day of conformed copies to: Ellen T, Chadwell, Esquire Bella Y. Patel, Esquire Kevin Hendricks, Acquisition Mgr.rrransp. Accounting ,2008, HUGH D. HAYES CIRCUIT COURT JUDGE 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 l74RDUE, Date: BELLA y, PATEL, ESQ. Florida Bar No, 896489 LAW OFFICE OF BELLA Y. PATEL, PA 13026 Waterford Run Drive Riverview, FL 33569 (813) 643-2762 - Telephone (813) 643-2612 - Facsimile A TIORNEY FOR RESPONDENTS, FRANK & DONNA ALFlERI Date: ELLEN T. CHADWEL@ Florida Bar No. 983860 OFFICE OF THE COUNTY ATIORNEY Harmon Turner Building, 8th Floor 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 252-6300 - Facsimile A TIORNEY FOR PETITIONER Aqenda Item No. 16K2 - February 12, 2008 Page 8 of 36 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Joint Motion on Stipulated Final Judgment has been furnished by U.S. Mail to all parties listed below on this _ day of ,2008. ELLEN T, CHADWELL, ESQUIRE PARCEL 174RDUE Frank Alfieri Donna Alfieri c/o Bella Y. Patel, Esq. Law Office of Bella Y. Patel. PA 13026 Waterford Run Drive Riverview, FL 33569 Owners PROJECT NO, 60044 PROJECT PARCEL NO. 174RDUE PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT 1 f~_ _~' v. Agenda Item No. 16K2 February 12, 2008 Page 9 of 36 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) ~IBlr.Ll, THE EAST 70 FEET OF THE WEST 120 FEET OF THE NORTH 75 FEET OF THE SOUTH 150 FEET OF TRACT 16, GOLDEN GATE ESTATES UNIT NO. 68, AS RECORDED IN PLAT BOOK 5, PAGE 90 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0,121 ACRES, MORE OR LESS. THE NORTH 75 FEET OF THE SOUTH 150 FEET OF TRACT 16 , E11JAI.. NON-EXCWS/VE RIGHT-oF-WAY, DRAINAGE AND UTlUTY EASEMENT PRCPOSEDADDnlONAL RIGHT..QFJNAY (70 FEET) EAST HAlF OS' EXJSTING 100 FOOTWIOE EVERGlADES BOULEVARD RIGHT-oFJNAY (:~7---U_U_.' -.--..-..-..--.-..-..-..-.---.-..-..-..-..-..-..-..-.,-..-..-.--..-..-..-..-.---.-..-..-..-.,-.. NORTH NOT TO SCALE rCDllltyTfII~partlIIiDnEng~&COl\llrvC6onMlflll9ORllll1.OllpamIInf OJl2OO7 4~45 PM I Agenda IIem No. 16K2 February 12, 2008 Page 10 of 36 IN THE CmCUIT 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, v. Case No. 07-2823-CA JOSE MUNOZ, et al., Parcel: 192RDUE Respondent. / STIPULATED FINAL JUDGMENT TIllS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, and Respondents, GREGORIO NUNEZ and MIRELLA NUNEZ, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel I 92RDUE, 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, GREGORIO and MIRELLA NUNEZ, and the Court being otherwise fully advised in the premises, it is thereupon ORDERED AND ADJUDGED that: 1. Respondents, GREGORIO and MIRELLA NUNEZ, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Five Thousand Three Hundred Eighty-One and No/tOO Dollars ($5,381.00) for Parcel 192RDUE, as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said parcel, and all attorney's fees and defense costs. No other costs and attorney's fees', including supplemental attorney's fees, shall be awarded in this cause. Agenda Item No. 16K2 February 12, 2008 Page 11 of36 2. Petitioner will be entitled to a credit in the amount of $1,800.00 for the good faith deposit made in accordance with the Order of Taking. 3, Title to Parcel 192RDUE in perpetual, non-exclusive Road Right-of-Way, Drainage and Utility Easement, being fully described in Exhibit "An attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated January 4, 2008, and the deposit of money heretofore made, is approved, ratified, and confirmed, 4. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 4272, Page 3598, et seq, of the Public Records of Collier County, Florida is dismissed as to Parcel No. 192RDUE. 5. Within thirty (30) days from receipt of this order, Petitioner shall pay the swn of Three Thousand Five Hundred Eighty-One and No/lOO Dollars ($3,581.00), made payable to Bella Y. Patel, P.A. Trust Account, c/o Bella Y. Patel, Esq., 13026 Waterford Run Drive, Riverview, FL, 33569, for the benefit of Gregorio and Mirella Nunez. 6. Within thirty (30) days hereof, the Clerk shall disburse the total amount of One Thousand Eight Hundred and No/I00 Dollars ($1,800.00), made payable to Bella Y. Patel, P.A. Trust Account, C/D Bella Y. Patel, Esq., 13026 Waterford Run Drive, Riverview, FL, 33569, for disbursement of compensation, attorney's fees and costs. 7. 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 # 8. This Stipulated Final Judgment resolves all issues and claims asserted in this proceeding and arising out of or relating in any way to the acquisition of Parcel 192RDUE and shall be recorded in the Official Records of Collier County, Florida I\genda Item No. 16K2 February 12, 2008 Page 12 of 36 9, This Court retains jurisdiction to enforce the terms of this Stipulated Final Judgment. DONE AND ORDERED in Naples, Florida, this _ day of ,2008, CYNTHIA A. ELLIS CIRCUIT COURT JUDGE conformed copies to: Ellen T, Chadwell, Esquire Bella Y. Patel, Esquire Kevin Hendricks, Acquisition Mgr.rrransp. Accounting 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 192RDUE. Date: Date: BELLA Y. PATEL, ESQ. Florida Bar No. 896489 LAW OFFICE OF BELLA Y. PATEL, P.A 13026 Waterford Run Drive Riverview, FL 33569 (813) 643-2762 - Telephone (813) 643-2612 - Facsimile ATTORNEY FOR RESPONDENTS, GREGORIO & MIRELLA NUNEZ ELLEN T. CHADWEL& Florida Bar No, 983860 . OFFICE OF THE 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 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Joint Motion on Stipulated Final Judgment has been furnished by U.S. Mail to Bella y, Patel, Esq., 13026 Waterford Run Drive, Riverview, FL, 33569 on this _ day of ,2008. ELLEN T. CHADWELL, ESQUIRE 10 G 'ROJECT NO, 60044 'ROJECT PARCEL NO. 192RDUE 'ERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) EXHr~IT -..6 THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET OF THE SOUTH 180 OF TRACT 119, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.052 ACRES, MORE OR LESS -..-..-.--..-..--.--.-..-..-..-..-..-..-..-.---.-..-..--,-.-------..--.-."-..-..-..-'.-..-..-. I _ '"_' .~_~~:.~~. ~~~~~ ~~.~~:~_~~~~!.~~~~~~.~~.T~~~.Y_. !.50_~~.~ _.. _ ._____. _.. _?fi~EP.AQ!!I1~RK?I!T.:2E..IoY~Y~r:EflL.. _ PERPETUAL, NClN-EXCLUSIVE ROAD RIGHT -oF_Y, DRAINAGE AND unUTY EASEMENT UH PROPERTY LINE SOUTH PROPERTY UNE . . THE NORTH 75 FEET OF THE SOUTH 180 FEET OF TRACT 119 z ------ - ~ NOT TO SCALE . ColInIy T I'IlnsportatiOll Enplneerirg & Gonslr'ud:ion Manfl98lllfll\f Department 03l3007!l:06AM '-"CZ:'f::;r:; Agenda Item No. 16K2 February 12, 2008 Page 14 of 36 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLffiR COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, v. Case No, 07-2824-CA PABLO M, SARDINAS, et aI., Parcel: 205RDUE Respondent. I STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, and Respondent, V & A AMERICAN CORP., by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 205RDUE, 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 Respondent, V & A AMERICAN CORP., and the Court being otherwise fully advised in the premises, it is thereupon ORDERED AND ADJUDGED that: 1. Respondent, V & A AMERICAN CORP., shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Nineteen Thousand Four Hundred Fourteen and 25/100 Dollars ($19,414.25) for Parcel 205RDUE, as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said parcel, and all attorney's fees and defense costs. No other costs and attorney's fees, including supplemental attorney's fees, shall be awarded in this cause. Agenda Item No. 16K2 February 12, 2008 Page 15 of 36 2, Petitioner will be entitled to a credit in the amount of $8,400.00 for the good faith deposit made in accordance with the Order of Taking, 3. Title to Parcel 205RDUE in 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 pursuant to the Order of Taking dated January 4, 2008, and the deposit of money heretofore made, is approved, ratified, and confirmed, 4, The Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 4272, Page 3616, et seq., of the Public Records of Collier County, Florida be dismissed as to Parcel No. 205RDUE, 5. Within thirty (30) days of receipt of this order, Petitioner shall pay the sum of Eleven Thousand Fourteen and 25/100 Dollars ($11,014.25) made payable to Bella Y. Patel, P.A. Trust Account, c/o Bella Y. Patel, Esq., 13026 Waterford Run Drive, Riverview, FL, 33569, for the benefit of V & A American Corp, 6. Within thirty (30) days hereof, the Clerk shall disburse the total amount of Eight Thousand Four Hundred and No/I00 Dollars ($8,400.00), made payable to Bella Y. Patel, P.A. Trust Account, c/o Bella Y. Patel, Esq" 13026 Waterford Run Drive, Riverview, FL, 33569, for disbursement of compensation, attorney's fees and costs. 7, 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 # 8. This Stipulated Final Judgment resolves all issues and claims asserted in this cause and arising out of or relating in any way to the acquisition of Parcel 205RDUE and shall be recorded in the Official Records of Collier County, Florida. Agenda item No. 16V.2 February 12, 2008 Page 16 of 36 9. This Court retains jurisdiction to enforce the terms of this Stipulated Final Judgment; it is therefore, DONE AND ORDERED in Naples, Florida, this _ day of conformed copies to: Ellen T. Chadwell, Esquire Bella y, Patel, Esquire Kevin Hendricks, Acquisition Mgr,rrransp, Accounting ,2008. CYNTHIA A. ELLIS CIRCUIT COURT JUDGE JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parce1205RDUE. Date: BELLA Y. PATEL, ESQ. Florida Bar No, 896489 LAW OFFICE OF BELLA Y.PATEL,P.A. 13026 Waterford Run Drive Riverview, FL 33569 (813) 643-2762 - Telephone (813) 643-2612 - Facsimile ATTORNEY FOR RESPONDENT, V & AAMERlCAN CORP. Date: ELLEN T. CHADWEL~ Florida Bar No. 983860 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building, 8th Floor 3301 East Tamiami Trail Naples, Florida 341 12 (239) 774-8400 - Telephone (239) 252-6300 - Facsimile ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Joint Motion on Stipulated Final Judgment has been furnished by U.S. Mail to made payable to Bella Y. Patel, P.A. Trust Account, c/o Bella Y. Patel, Esq., 13026 Waterford Run Drive, Riverview, FL, 33569, on this _ day of ,2008, ELLEN T. CHADWELL, ESQUIRE 'ROJECT NO. 60044 'ROJECT PARCEL NO. 205RDUE 'ERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIEJ.'T d. , (NOT A SURVEY) .:-Ll"... THE EAST 70 FEET OF THE WEST 120 FEET OF THE SOUTH 150 FEET OF TRACT 6, GOLDEN GATE ESTATES UNIT NO, 65, AS RECORDED IN PLAT BOOK 5, PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.241 ACRES, MORE OR LESS. THE SOUTH 150 FEET OF TRACT 6 {H PROPERTY UNE SOUT'H PROPERTY UNE PERPfTIJIo.L. NON-EXCLUSIVE ROAD RIGHT-OF-wAY, DfWNAGE AND UTIUTY EASEMENT ~ ..-..-..-.. -"-"-"-"- PROPOSED ADDITIONAl RIGHT.QF~WAY (70 FEET) -..-..-..-..--. ,,-,,-,,-,,-,,-,,-,,-,,-,,-,,-"-"-"-"-"-"'-'-"-'.-..-..-..-..-..-..- /' EASTHA1.FCF EXISTlNG 100 FOOT wtDE EVERGLADES BOULEVARDRIGHT.QF..wAY (50FEET) ~ 1. ,~= NORTH NOT TO SCALE ",,,,,,,,,,T___&,,,,,,,",,",,__, 03f30Il)79:f6AM Agenda Item No. 16K2 February 12, 2008 Page 17 of 36 Agenda Item No. 16K2 February 12, 2008 Page 18 of 36 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, v. Case No. 07-2746-CA ARMANDO B. YZAGUIRRE, et al., Parcel: 1 82RDUE Respondent. / STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, and Respondents, JORGE ECHEZARRAGA and LUZ ECHEZARRAGA, by and through their undersigned counsel for entry of a Stipulated final Judgment as to Parcel l82RDUE, 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, JORGE and LUZ ECHEZARRAGA, and the Court being otherwise fully advised in the premises, it is thereupon ORDERED AND ADmDGED that: 1. Respondent, JORGE & LUZ ECHEZARRAGA, shall recover from Petitioner, COLLIER COUNTY, fLORIDA, the swn of Ten Thousand Five Hundred Four and 25/100 Dollars ($10,504.25) for Parcel 182RDUE, as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other , A ] Agenda Item No. 161">2 February 12, 2008 Page 19 of 35 damages in connection with said parcel, and all attorney's fees and defense costs. No other costs and attorney's fees, including supplemental attorney's fees, shall be awarded in this cause. 2. Petitioner will be entitled to a credit in the amount of $4,200,00 for the good faith deposit made in accordance with the Order of Taking. 3. Title to Parcel 1 82RDUE in 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 pursuant to the Order of Taking dated January 9, 2008, and the deposit of money heretofore made, is approved, ratified, and confirmed. 4. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 4271, Page 1339 of the Public Records of Collier County, Florida is dismissed as to Parcel No. 182RDUE, 5. Within thirty (30) days from receipt of this order, Petitioner shall pay the sum of Six Thousand Three Hundred and Four and 25/100 Dollars ($6,304.25) to Bella Y. Patel, P.A. Trust Account, c/o Bella Y. Patel, Esq., 13026 Waterford Run Drive, Riverview, FL, 33569, for the benefit of Jorge & Luz Echezarraga. 6. Within thirty (30) days hereof, the Clerk shall disburse the total amount of Four Thousand Two Hundred and No/loo Dollars ($4,200.00), made payable to Bella Y. Patel, P.A. Trust Account, c/o Bella Y. Patel, Esq., 13026 Waterford Run Drive, Riverview, FL, 33569, for disbursement of compensation, attorney's fees and costs. 7. The compensation amount awarded herein to Respondents, Jorge and Luz Echezarraga, is subject to the apportiorunent claim, if any, of the mortgagee identified in this proceeding. Agenda Item No. 16K2 February 12, 2008 Page 20 of 36 8, 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 # 9. This Stipulated Final Judgment resolves all issues and claims asserted in this proceeding or arising out of or relating in any way to the acquisition of Parcel 182RDUE and shall be recorded in the Official Records of Collier County, Florida. 10. This Court retains jurisdiction to enforce the terms of this Stipulated Final Judgment and conduct apportionment proceedings, if needed. DONE AND ORDERED in Naples, Florida, this _ day of ,2008, HUGH D. HAYES CIRCUIT COURT JUDGE Conformed copies to: Ellen T, Chadwell, Esquire Bella y, Patel, Esquire MERS Kevin Hendricks, Acquisition Mgr.rrransp, Accounting Agenda Item No. 16K2 February 12, 2008 Page 21 of 36 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 182RDUE. Date: BELLA y, PATEL, ESQ. Florida Bar No. 896489 LAW OFFICE OF BELLA Y. PATEL, P.A. 13026 Waterford Run Drive Riverview, FL 33569 (813) 643-2762 - Telephone (813) 643-2612 - Facsimile ATTORNEY FOR RESPONDENTS, JORGE & LUZ ECHEZARRAGA Date: ELLEN T. CHADWEL~ Florida Bar No. 983860 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building, 8th Floor 3301 East Tamiami Trail Naples, Florida 341 12 (239) 774-8400 - Telephone (239) 252-6300 - Facsnmle ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Joint Motion on Stipulated Final Judgment has been furnished by U.S. Mail to all parties listed below on this _ day of , 2008. Bella Y. Patel, Esq. Law Office of Bella Y. Patel. P.A. 13026 Waterford Run Drive Riverview, FL 33569 Mortgage Electronic Registration Systems, Inc. as nominee for America's Wholesale Lender Corporation clo CT Corporation System, its R.A. 1200 South Pine Island Road Plantation, FL 33324 ELLEN T. CHADWELL, ESQUIRE PROJECT NO. 60044 PROJECT PARCEL NO. 182RDUE PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAJNAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) EXHI~!TA THE EAST 70 FEET OF THE WEST 120 FEET OF THE SOUTH 75 FEET OF THE NORTH 180 FEET OF TRACT 2, GOLDEN GATE ESTATES UNIT NO. 65, AS RECORDED IN PLAT BOOK 5. PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.121 ACRES, MORE OR LESS. THE SOUTH 75 FEET OF THE NORTH 180 FEET OF TRACT 2 . .-.. -" -" -.. -.. -" -.. PERPETUAL, NON-EXClUSlVE ROAD RIGHT-OF-WAY, DRAINAGE AND unUTY EASEMENT PROI'OSEO ADOmONAl RIGHT ..QFJNA Y (70 FEET) -..-..-..-..-..-..-..-..-..-..-..-..-..-..-..-..-..-.------.--.-. ./ (SO FEET) / EAST HALF CF EXISTING 1OQFOOT WIDE EVERGlADES BOULEVARD RIGHT -OF.wAY T -..-..-..-..-..-..-..-..-..-..-..-..-..-'.-..----..-..-.--.-.--.--..-..-..-..-.,-..-..-..-..-. NORTH NOT TO SCALE '''''''''T__'~__ 03l3OlD78J40AM Agenaa Item No. 16K2 February 12, 2008 Page 22 of 36 I I I ! , Agenda Item No. 16;(2 February 12, 2008 Page 23 of 36 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, v, Case No. 07-2746-CA ARMANDO B. YZAGUIRRE, et al., Parcel: 1 96RDUE Respondent. / STIPULATED FINAL JUDGMENT lHIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, and Respondents, OTHONIEL CASTRO and NOEIDA B. CASTRO, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel I 96RDUE, 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, OTHONIEL CASTRO and NOEIDA B. CASTRO, and the Court being otherwise fully advised in the premises, it is thereupon ORDERED AND ADJUDGED that: 1. Respondents, OTHONIEL CASTROand NOEIDA B. CASTRO, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the swn of Nine Thousand One Hundred Sixty- Seven and 75/100 Dollars ($9,167.75) for Parcel 196RDUE, as full payment for the property interests taken and for damages resulting to the remainder, ifless than the entire property was taken, and for all other damages in connection with said parcel, and all attorney's fees and defense costs, Agenda Item No. 16K2 February 12, 2008 Page 24 of 36 No other costs and attorney's fees, including supplemental attorney's fees, shall be awarded in this cause, 2. Petitioner will be entitled to a credit in the amount of $3,600.00 for the good faith deposit made in accordance with the Order of Taking. 3. Title to Parcel 196RDUE in perpetual, non-exclusive road right-of-way, drainage and utility easement, being fully described in Exhibit "A" attached hereto and incorpomted herein, which vested in Petitioner pursuant to the Order of Taking dated January 9, 2008, and the deposit of money heretofore made, is approved, mtified, and confirmed, 4, The Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 4271, Page 1339 of the Public Records of Collier County, Florida is dismissed as to Parcel No. 196RDUE. 5, Within thirty (30) days from the date of this order, Petitioner shall pay the sum of Five Thousand Five Hundred Sixty-Seven and 75/100 Dollars ($5,567.75) to Bella Y. Patel, P.A. Trust Account, c/o Bella y, Patel, Esq" 13026 Waterford Run Drive, Riverview, FL, 33569, for the benefit of Othoniel Castro and Noeida B. Castro, 6. Within thirty (30) days hereof, the Clerk shall disburse the total amount of Three Thousand Six Hundred and No/tOO Dollars ($3,600.00), made payable to Bella Y. Patel, P.A. Trust Account, c/o Bella Y. Patel, Esq., 13026 Waterford Run Drive, Riverview, FL, 33569, for disbursement of compensation, attorney's fees, expert fees and costs. 6, 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 # Agenda Item No. 16K2 February 12, 2008 Page 25 of 36 7. This Stipulated Final Judgment resolves all issues and claims arising out of or relating in any way to the acquisition of Parcel 196RDUE and shall be recorded in the Official Records of Collier County, Florida. 8. This Court retains jDrisdiction to enforce the terms of this Stipulated Final Judgment. DONE AND ORDERED in Naples, Florida, this _ day of ,2008, HUGH D. HAYES CIRCUIT COURT JUDGE conformed copies to: Ellen T. Chadwell, Esquire Bella y, Patel, Esquire Kevin Hendricks, Acquisition Mgr.rrransp. Accounting 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 196RDUE. Date: Date: ELLEN T. CHADWEL@ Florida Bar No, 983860 OFFICE OF THE COUNTY ATTORNEY Hannon Turner Building, 8th Floor 3301 East Tamiarni Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 252-6300 - Facsimile ATTORNEY FOR PETITIONER BELLA Y. PATEL, ESQ. Florida Bar No. 896489 LAW OFFICE OF BELLA Y. PATEL, P.A. 13026 Waterford Run Drive Riverview, FL 33569 (813) 643-2762 - Telephone (813) 643-2612 - Facsimile ATTORNEY FOR RESPONDENTS, OTHONIEL & NOEIDA B. CASTRO Agenda Item No. 16K2 February 12, 2008 Page 26 of 36 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Joint Motion on Stipulated Final Judgment has been furnished by U.S. Mail to all parties listed below on this _ day of ,2008, ELLEN T, CHADWELL, ESQUIRE PARCEL 196RDUE Othoniel Castro Noeida B, Castro clo Bella Y. Patel, Esq, Law Office of Bella Y. Patel. P.A. 13026 Waterford Run Drive Riverview, FL 33569 '- n l, 'ROJECT NO, 60044 'ROJECT PARCEL NO. 196RDUE 'ERPETUAL, NON-EXCLUSIVE ROAD RIGHT-Of-WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT A (NOT A SURVEY) THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 150 FEET OF TRACT 122, GOLDEN GATE ESTATES UNIT NO, 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0,103 ACRES, MORE OR LESS, EAST PROPERTY UNE l /' WEST HALF OF EXlSTTNG 100 FOOT WIDE EVERGLADES BOUUNARO RIGHT-oF-WAY (SO FEET) _..~--._.._.._.._._.._.._.._.._.._.._.-_.._.._.._.._..-,,-,--,--,,-,-,,-.--,'-"-"-"-"-" .. _~.~.AEe!T!O!l!..R1~t'T"g~~YJ!~.. PERPETUAL.. NON-EXCLUSlVE ROAD RIGHT -oF-wAV, DRAINAGE AND UnUTY EASEMENT ...RTH PROPERTY UNE SO\JTH PROPERTY UNE THE SOUTH 150 fEET Of TRACT 122 NORTH NOT TO SCALE CcurtyTransponati;ln E/l9i1llltrtng & ConftUC::IIOnMll1lll8'nlllltOeparlment 1l3.'3Ml78:58AM ~. -! Agenda Item No. 16K2 February 12, 2008 Page 27 of 36 Agenda Item No. 16K2 February i 2, 2008 Page 28 of 36 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, v, Case No, 07-3200-CA JOSEPH NOEL, et al., Parcel: 1 97RDUE Respondent. I STIPULATED FINAL JUDGMENT TIllS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, and Respondents, MAHAMMED S. SHEIKH and SHAMIM SHEIKH, by and through their undersigned counsel, or entry of a Stipulated Final Judgment as to Parcel 197RDUE, 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 is the full compensation due the Respondents, MAHAMMED S, SHEIKH and SHAMIM SHEIKH, and the Court being otherwise fully advised in the premises, it is thereupon ORDERED AND ADJUDGED that: I, Respondents, MAHAMMED S. SHEIKH and SHAMIM SHEIKH, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the swn of Nine Thousand One Hundred Sixty-Seven and 75/100 Dollars ($9,167.75) for Parcel 197RDUE, as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said parcel, and all attorney's fees and defense costs, Agenda Item No. 16K2 February 12, 2005 Page 29 of 36 No other costs and attorney's fees, including supplemental attorney's fees, shall be awarded in this cause, 2. Petitioner will be entitled to a credit in the amount of $3,600.00 for the good faith deposit made in accordance with the Order of Taking. 3. Title to Parcel 197RDUE in perpetual, non-exclusive Road Right-of-Way, Drainage and Utility Easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated January 4,2008, and the deposit of money heretofore made, is approved, ratified, and confirmed. 4. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 4281, Page 4054 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 197RDUE. 5. Within thirty (30) days from receipt of this order, Petitioner shall pay the sum of Five Thouand Five Hundred Sixty-Seven and 75/100 Donars ($ 5,567.75) to Bella y, Patel, P.A. Trust Account, c/o Bella Y. Patel, Esq., 13026 Waterford Run Drive, Riverview, FL, 33569, for the benefit of Mahammed S. Sheikh and Sharnim Sheikh. 6, Upon entry of this order, the Clerk shall forthwith disburse the total amount of Three Thousand Six Hundred and No/IOO Dollars ($3,600.00), made payable to Bella Y. Patel, P.A. Trust Account, c/o Bella Y. Patel, Esq., 13026 Waterford Run Drive, Riverview, FL, 33569, for disbursement of compensation, attorney's fees and costs, 7. 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 # Agenda item No. 16K2 February 12, 2008 Page 30 of 36 8. This Stipulated Final Judgment resolves all issues and claims asserted in this cause and arising out of or relating in any way to the acquisition of Parcel 197RDUE and shall be recorded in the Official Records of Collier County, Florida. 9. This Court retains jurisdiction to enforce the terms of this Stipulated Final Judgment. DONE AND ORDERED in Naples, Florida, this _ day of conformed copies to: Ellen T. Chadwell, Esquire Bella y, Patel, Esquire Kevin Hendricks, Acquisition Mgr.fTransp. Accounting ,2008. CYNTHIA A. ELLIS CIRCUIT COURT JUDGE 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 197RDUE. Date: BELLA y, PATEL, ESQ. Florida Bar No. 896489 LAW OFFICE OF BELLA Y. PATEL, PA 13026 Waterford Run Drive Riverview. FL 33569 (813) 643-2762 - Telephone (813) 643-2612 - Facsimile ATTORNEY FOR RESPONDENTS, MAHAMMED S. SHEIKH & SHAMIM SHEIKH Date: ELLEN T. CHADWEL :.&-:; Florida Bar No. 9838 OFFICE OF THE 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 Agenda Item No. 16K2 February 12, 2008 Page 31 of 36 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Joint Motion on Stipulated Final Judgment has been furnished by U.S. Mail to all parties listed below on this _ day of ,2008. ELLEN T. CHADWELL, ESQUIRE PARCEL I97RDUE Mahammed S. Sheikh ShanUm Sheikh c/o Bella Y. Patel, Esq. Law Office of Bella Y. Patel. P.A. 13026 Waterford Run Drive Riverview, FL 33569 Lit.. 'ROJECT NO. 60044 'ROJECT PARCEL NO. 197RDUE "ERPETUAL, NON-EXCLUSIVE ROAD RIGHT -DF-WAY. DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH EXHIBIT{' 11" (NOT A SURVEY) --LJ.".. THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 150 FEET OF THE NORTH 180 FEET OF TRACT 122, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.103 ACRES, MORE OR LESS. -"-"-"-'---'-"-"-"-"-"-"-"-"-"-"-"-"-"-,,-,,-,,-,,-,,-,'-"-"-"-"-'--"--'-' EAST PROPERTY UNE I _L~'s:.~OF i I I i EXISTING 100 FOOT WIDE EVERGLADES BOULEVARD R1GKT .QFJNAY (50 FEET) r"-"-"-"-"-"-"-'-"-"---"-"-"-"- .-..-..-..-.-..-..-..--. : PROPOSa>AODmONAl RIGHT-oF-WAY (30 FEET) ~.. -. .-..-.. - .._.. - .'-. I I I PERPETUAL. NON-EXCLUSIVE ROAD RIGHT.{)F-WAY, DRAINAGE AND UTIUTY EASEMENT NORTH PROPERTf UNEI III SOUTH PROPERTY LINE THE SOUTH 150 FEET OF THE NORTH 180 FEET OF TRACT 122 30 FEET: !4. I NORTH NOT TO.SCALE eo..""7....-'........&C___ OJ.l3lM}78:59AM j.o, Agenda Item No. 161(2 February 12, 2003 Page 32 of 36 Agenda Item No. 16K2 February 12, 2008 Page 33 of 36 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CmCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, v. Case No. 07-3200-CA JOSEPH NOEL, et al., Parcel: 189RDUE Respondents. / STIPULATED FINAL JUDGMENT TIllS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, and Respondent, LADONNA K. SCHMIDT, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel l89RDUE, 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 Respondent, LADONNA K. SCHMIDT, and the Court being otherwise fully advised in the premises, it is thereupon ORDERED AND ADJUDGED that: 1. Respondent, LADONNA K. SCHMIDT, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Five Thousand Three Hundred Eighty-One and No/IOO Dollars ($5,381.00) for Parcel l89RDUE, as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said parcel, and all attorney's fees and defense costs. No other costs and attorney's fees, including supplemental attorney's fees, shall be awarded in this cause. Agenda Item No. 16K2 February 12, 2008 Page 34 of 36 2. Petitioner will be entitled to a credit in the amount of $1,800.00 for the good faith deposit made in accordance with the Order of Taking, 3, Title to Parcel l89RDUE in 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 pursuant to the Order of Taking dated January 4,2008, and the deposit of money heretofore made, is approved, ratified, and confirmed, 4. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 4281, Page 4054 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 189RDUE. 5. Within thirty (30) days from receipt of this order, Petitioner shall pay the sum of Three Thousand Five Hundred Eighty-One and No/I00 Dollars ($3581.00) made payable to Bella Y. Patel, P.A. Trust Account, c/o Bella y, Patel, Esq" 13026 Waterford Run Drive, Riverview, FL, 33569, for the benefit ofLaDonna K. Schmidt. 6. Upon entry of this order, the Clerk shall immediately disburse the total amount of One Thousand Eight Hundred and No/I00 Dollars ($1,800.00), made payable to Bella Y. Patel, P.A. Trust Account, c/o Bella y, Patel, Esq" 13026 Waterford Run Drive, Riverview, FL, 33569, for the benefit of LaDonna K. Schmidt and for disbursement of compensation, attomey's fees and costs. 7, 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 # Aaenda Item No. 16K2 - February 12, 2008 Page 35 of 36 9, This Court retains jurisdiction to enforce the terms of this Stipulated Final Judgment. ,2008. DONE AND ORDERED in Naples, Florida, this _ day of conformed copies to: Ellen T, Chadwell, Esquire Bella Y. Patel, Esquire Kevin Hendricks, Acquisition Mgr./Iransp, Accounting CYNTHIA A. ELLIS CIRCUIT COURT JUDGE 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 I 89RDUE. Date: BELLA Y. PATEL, ESQ. Florida Bar No. 896489 LAW OFFICE OF BELLA Y.PATEL,P.A. 13026 Waterford Run Drive Riverview, FL 33569 (813) 643-2762 - Telephone (813) 643-2612 - Facsimile ATTORNEY FOR RESPONDENT, LADONNA K. SCHMIDT Date: ELLEN T. CHADWELLW Florida Bar No. 983860 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building, 8111 Floor 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 252-6300 - Facsimile ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Joint Motion on Stipulated Final Judgment has been furnished by U.S. Mail to Bella Y. Patel, Esq., 13026 Waterford Run Drive, Riverview, FL, 33569, on this _ day of , 2008. Aqenda Item No. 16K2 - February 12. 2008 Page 36 of 36 PROJECT NO, 60044 PROJECT PARCEL NO. 189RDUE PERPETUAL. NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) EXHIBITA ..... . ",. THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET OFTHE SOUTH 150 FEET OF TRACT 118, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING .052 ACRES, MORE OR LESS --.-..-..-..-.-.--..-..-..-.--..-..-.------.-..-..-..-..-..-..-.---.-..-..-..-..-..-.,-..-..-.. _.._..~~~.~.~., EXISTING 100 FOOTWlOEEVERGLADESBOIA.EVARD RIGHT.IJf-WAY (SOfEET)/ ".-..- '" PR~'AD6iTlriW.'RiGHr~-WAY(iO FiEri" -., -' -..-.,-..-..-.. -.'-' ._.. .. - .._. ._0. _.._ .._". _0. PERPE11JAL NON-EXCLUSIVE ROAD RIGHT -oF-vw\Y, DRAINAGE AND UTIUlY EASEMENT NORTH PROPERTY UNE . SCl/ffi PROPERTY lINE THE NORTH 75 FEET OF THE SOUTH 150 FEET OF TRACT 118 z ------- ~ V'" NOT TO SCALE IierCOUIY!y Transporllltion Engineemg & ConslnldiIn ~DepaI1menI 03l3OO78:56AM