Agenda 03/24/2015 Item #16K1 3/24/2015 16.K.1 .
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of$14,000 for Parcel
232DAME in the lawsuit styled Collier County v. John Lespade, et al., Case No. 14-CA-2316
(LASIP Project No. 51101 — Crews Road, Cope Lane and Sandy Lane/Wing South
Interconnect). (Fiscal Impact$7,270.)
OBJECTIVE: That the Board of County Commissioners approve the attached Stipulated Final
Judgment for payment of full and final compensation, for the taking of Parcel 232DAME in the
lawsuit styled Collier County v. John Lespade, et al., Case No. 14-CA-2316 (LASIP Project No.
51101 —Crews Road, Cope Lane and Sandy Lane/Wing South Interconnect).
CONSIDERATIONS: Collier County has acquired a 0.15+1- acre parcel for a drainage, access
and maintenance easement (Parcel 232DAME) from homeowners John and Charlene Lespade. The
County acquired the subject property by entry of an Order of Taking on March 12, 2015 and
subsequently depositing the amount of $6,730.00 into the Court Registry. The County and
Respondents have negotiated a global settlement of$14,000 for full compensation for the property
interests taken and inclusive of all attorney's fees, expert fees and costs, and any claims of damages.
Attached is the Stipulated Final Judgment.
FISCAL IMPACT: Funds in the amount of $7,270 are available in LASIP Project No. 51 101 —
Crews Road, Cope Lane and Sandy Lane/Wing South Interconnect. Source of funds are Ad
Valorem.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. -HFAC
RECOMMENDATION: That the Board of County Commissioners approve the Stipulated
Final Judgment as to Parcel 232DAME and authorize payment of the funds as stated.
PREPARED BY: Heidi F. Ashton-Cicko, Managing Assistant County Attorney
14-CA-2316/786
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.1.
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount
of$14,000 for Parcel 232DAME in the lawsuit styled Collier County v.John Lespade, et al., Case
No. 14-CA-2316 (LASIP Project No. 51101—Crews Road, Cope Lane and Sandy Lane/Wing South
Interconnect). (Fiscal Impact $7,270.)
Meeting Date: 3/24/2015
Prepared By
Name: AllenDebbie
Title: Legal Office Administrator, CAO Office Administration
3/4/2015 2:57:21 PM
Submitted by
Title: Managing Assistant County Attorney, CAO Land Use/Transportation
Name: AshtonHeidi
3/4/2015 2:57:22 PM
Approved By
Name: HendricksKevin
Title: Manager-Right of Way, Transportation Engineering& Construction Management
Date: 3/4/2015 4:06:38 PM
Name: Tara Castillo
Title: Management/Budget Analyst, Road Maintenance
Date: 3/5/2015 3:29:43 PM
Name: AhmadJay
Title: Division Director-Transportation Eng, Transportation Engineering&Construction Management
Date: 3/10/2015 7:48:23 AM
Name: ShueGene
Title: Division Director-Operations Support, Transportation Administration
Date: 3/10/2015 9:08:21 AM
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Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administration
Date: 3/11/2015 8:31:06 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 3/11/2015 8:42:23 AM
Name: AshtonHeidi
Title: Managing Assistant County Attorney, CAO Land Use/Transportation
Date: 3/11/2015 12:59:40 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 3/11/2015 1:36:36 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/12/2015 4:25:01 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 3/12/2015 5:55:23 PM
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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, Case No.: 14-CA-2316
Petitioner, Parcel No.: 232DAME
vs.
JOHN LESPADE, CHARLENE LESPADE,
et al.
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 Respondents,
JOHN LESPADE and CHARLENE LESPADE (hereafter "Respondents"), by and through their
undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 232DAME, 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, and the Court being otherwise fully advised in the premises
thereof, it is thereupon,
ORDERED AND ADJUDGED that Respondents have and recover from Petitioner,
COLLIER COUNTY, FLORIDA, the sum of Fourteen Thousand Dollars and No/100
($14,000.00) for Parcel 232DAME, inclusive of the good faith estimate of value of$6,730.00 and
attorney fees, expert fees and costs, as full payment for the property interests taken and for damages
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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 no other attorney fees, expert fees or costs are awarded in this matter; it is
further
ORDERED that within thirty (30) days of receipt by the Clerk of Court of the Stipulated
Final Judgment entered by the Court, the Clerk shall disburse the sums on deposit in the amount of
Six Thousand Seven Hundred Thirty Dollars and No/100 ($6,730.00)to Bella Y. Patel, Esquire,
Law Office of Bella Y. Patel, P.A., 13026 Waterford Run Drive, Riverview, Florida 33569; 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 sum
of Seven Thousand Two Hundred Seventy Dollars and No/100 ($7,270.00) to Bella Y. Patel,
Esquire, Law Office of Bella Y. Patel, P.A., 13026 Waterford Run Drive, Riverview, Florida 33569,
it is further
ORDERED that title to Parcel 232DAME, a Perpetual Non-Exclusive Drainage, Access and
Maintenance 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 March 12, 2015, 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 in this cause recorded in Official Record Book
5087, Page 3171, et seq. of the Public Records shall be dismissed as to Parcel 232DAME; it is
further
[14-CA-2316/1156038/1]757 2
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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 will be recorded in the Official Records of
Collier County, Florida.
DONE AND ORDERED in Naples, Collier County, Florida on this day of
2015.
CIRCUIT COURT JUDGE
Conformed Copies:
Heidi Ashton-Cicko,Esq.
Bella Y.Patel,Esq.
Kevin Hendricks,Acquisition MgriTransp.
Bookkeeping
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, JOHN LESPADE
and CHARLENE LESPADE, hereby respectfully move for entry of the foregoing Stipulated Final
Judgment as to Parcel 232DAME.
Date ! Dated:
BEL A Y. PA EL, SQUIRE HEIDI ASHTON-CICKO,ESQUIRE
Flori a Bar No.: 961670 Florida Bar No.: 966770
LAW OFFICE OF BELLA Y.PATEL,P.A. OFFICE OF THE COUNTY ATTORNEY
13026 Waterford Run Drive Harmon Turner Building
Riverview,FL 33569 3299 East Tamiami Trail
(813)643-2762 —Telephone Naples,FL 34112
(813)643-2612 -Facsimile (239)252-8400-Telephone
ATTORNEY FOR RESPONDENTS (239)252-6300-Facsimile
ATTORNEY FOR PETITIONER
[14-CA-2316/1156038/1]757 3
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•
LEGAL DESCRIPTION
PERPETUAL,NON-EXCLUSIVE DRAINAGE,ACCESS AND MAINTENANCE EASEMENT
PARCEL NO.232DAME
LYING IN
THE SOUTHEAST QUARTER(SE 1/4)OF
SECTION 8,TOWNSHIP SO SOUTH,RANGE 26 EAST
COLLIER COUNTY,FLORIDA
A tract or parcel of land lying In the Southeast Quarter(SE 1/4)of Section 8,Township 50 South,
Range 26 East, Collier County, Florida, which tract or parcel is more particularly described as
follows:
Beginning at the northwest quarter of the West Half(W 1/2) of the Southwest
Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of the Southeast Quarter
(SE 1/4) of said Section 8; thence South 89"05'20" East on the north line of said
fraction for 333.90 feet to an intersection with the east line of said fraction;
thence South 00°48'06" East on said east line for 20.01 feet to an intersection
with a line 20 feet south of (as measured on a perpendicular) and parallel with
the north line of said fraction; thence North 89°05'20" West on said parallel line
for 333.91 feet to an intersection with the west line of said fraction; thence
North 00'47'1S"West on said west line for 20.01 feet to the Point of Beginning.
Parcel contains 6,678 square feet(0.15 acres), more or less.
Bearings hereinabove mentioned are based on State Plane Coordinates, Florida Zone East,
North American Datum of 83 (NSRS 2007) wherein the north line of the West Half (W 1/2) of
the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of the Southeast Quarter
(SE 1/4)of said Section 8 bears South 89°05'20"East.
TECM - ROW
AUG 16 2012
December 1,2011
(Not Valid Without Sheet 2 of 2)
Sheet 1 of 2
Exhibit A
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