Agenda 05/13/2014 Item #16K5 5/13/2014 16.K.5.
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment in
the amount of$1,446,923.30 for the acquisition of Parcels 108FEE, 108TCE1 and108TCE2 in the
lawsuit styled Collier County, Florida v. H& V Realty Corp. of Brooklyn, et al., Case No. 13-CA-461
(US 41/SR-CR-951 Intersection Improvement Project#60116). Fiscal Impact: $665,093.30
OBJECTIVE: That the Board approves a Mediated Settlement Agreement and Stipulated Final
Judgment for full and final compensation to be paid for the acquisition of Parcels 108FEE, 108TCE1, and
108TCE2 in the lawsuit styled Collier County, Florida v. R& V Realty Corp of Brooklyn, et al., Case No.
13-CA-461 (US 41/SR-CR-951 Intersection Improvement Project#601 16).
CONSIDERATIONS: The County acquired the subject property by entry of an Order of Taking on April
3, 2013 and subsequently depositing the amount of $782.000 into the Court Registry. The taking of
Parcels 108FEE, 108TCE1, and 108TCE2 was acquired from H & V Realty Corp. of Brooklyn for
improvements to the intersection of CR 951 and US 41. The property is being leased by Circle K Stores,
Inc. for the operation of a gas station and convenience store. Going into mediation, H & V Realty
claimed $1,865,900 as full compensation as a result of the land taken and for damages to the remainder.
Circle K alleged business damages of$861,818 to the business caused by the taking. At mediation, the
parties agreed to a settlement of $1,100,000 ($850,000 for the land taken and $250,000 in business
damages), exclusive of attorney's fees and expert fees and costs. This settlement was conditioned upon
the parties reaching an agreement as to the attorney's fees and costs. Ultimately. the County and
Respondents negotiated a settlement of$1,446,923.30 for full compensation including statutory interest,
all claims related to real estate and business damages, and all attorney's fees, experts' fees, and costs.
Since the discussion of a potential overpass at this intersection has been disseminated to the public absent
any real plans to build an overpass, the County has also agreed to allow Respondent to bring forth a
claim, if any, of additional damages if and when an overpass is constructed within the footprint of the
current right-of-way taking. The County reserves the right to dispute the amount of damages and
determine there are no additional damages to the remainder property at the completion of the
construction. This settlement will, in essence, delay any severance damage claims until such time as an
overpass is actually built and damages, if any, can be accurately quantified.
Attached is the Mediated Settlement Agreement and providing for the above-stated funds.
FISCAL IMPACT: Funds in the amount of $665,093.30 (additional funds to the Respondent of
$664,923.30, plus a $170 deposit fee to the Clerk) are available in the Transportation US 41/SR-CR951
Intersection Improvement Project#60116. Source of funds is Road Impact Fees. There is no incremental
maintenance cost associated with this action.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majoritw vote for Board approval. -ERP
RECOMMENDATION: That the Board of County Commissioners approves the Mediated Settlement
Agreement and Stipulated Final Judgment and approves the expenditure and disbursement of funds as
stated.
Prepared by: Kevin Hendricks,Right-of-way Acquisition Manager, Transportation Engineering, GMD
Attachments: 1)Mediated Settlement Agreement; and 2) Stipulated Final Judgment
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5/13/2014 16.K.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.5.
Item Summary: Recommendation to approve a Mediated Settlement Agreement and
Stipulated Final Judgment in the amount of$1,446,923.30 for the acquisition of Parcels 108FEE,
108TCE1 and108TCE2 in the lawsuit styled Collier County, Florida v. H &V Realty Corp. of
Brooklyn, et al., Case No. 13-CA-461 (US 41/SR-CR-951 Intersection Improvement Project
#60116). Fiscal Impact: $665,093.30
Meeting Date: 5/13/2014
Prepared By
Name: HendersonHarry
Title: Review Appraiser, Transportation Engineering&Construction Management
4/16/2014 10:37:36 AM
Submitted by
Title: Review Appraiser,Transportation Engineering&Construction Management
Name: HendersonHarry
4/16/2014 10:37:37 AM
Approved By
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administration
Date:4/16/2014 11:21:10 AM
Name: AhmadJay
Title: Director-Transportation Engineering,Transportat
Date: 4/18/2014 10:51:14 AM
Name: LynchDiane
Title: Supervisor-Operations, Road Maintenance
Date: 4/21/2014 8:49:02 AM
Name: LynchDiane
Title: Supervisor-Operations,Road Maintenance
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Date:4/21/2014 9:53:33 AM
Name: LynchDiane
Title: Supervisor-Operations,Road Maintenance
Date: 4/21/2014 9:57:17 AM
Name: ShueGene
Title: Director-Operations Support,Transportation Administration
Date: 4/21/2014 10:53:22 AM
Name: KearnsAllison
Title:Manager Financial &Operational Support,Transportation Administration
Date:4/23/2014 2:27:30 PM
Name: PepinEmily
Title:Assistant County Attorney, CAO Litigation
Date:4/23/2014 2:59:00 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date:4/25/2014 8:14:31 AM
Name: KlatzkowJeff
Title: County Attorney,
Date:4/25/2014 4:21:36 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date:4/29/2014 12:08:22 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date:4/29/2014 4:17:12 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,
Petitioner, Case No.: 13-CA-461
vs. Parcels; 108FEE,108TCE1,108TCE2
H&V REALTY CORP.OF BROOKLYN,an
inactive New York corporation;at al,
Respondents.
MEDIATED SETTLEMENT AGREEMENT
As a result of a mediation conference held on October 4, 2013, the parties reached the
following settlement agreement:
1. Petitioner, COLLIER COUNTY, will pay the total sum of EIGHT HUNDRED
FIFTY THOUSAND DOLLARS ($850,000.00) in full settlement of all claims for full
compensation from Respondents whatsoever, including statutory interest and any and all
severance damages,but excluding attorney's fees,expert's fees and costs related to the taking of
the real estate and personalty associated with Parcels 108FEE, 108TCE1 and 108TCE2.
Petitioner shall be entitled to a credit in the amount of SEVEN HUNDRED EIGHTY-TWO
THOUSAND DOLLARS ($782,000.00) previously deposited with the Court. Petitioner
COLLIER COUNTY shall further deposit an additional TWO HUNDRED FIFTY THOUSAND
DOLLARS($250,000.00)into the registry of the Court for resolution of business damage claims
from Circle K Stores related to Petitioner's taking of Parcels 108FEE, 108TCE1 and 108TCE2,
including statutory interest,but excluding attorney's fees,expert's fees and costs.
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2. This mediated settlement is expressly contingent upon the resolution of all
expert's fees and litigation costs(including all attorneys'fees)ielated to all Respondents with an
interest in Parcels 108FEE, 108TCE1 and 108TCE2 within thirty (30) days of the date of
execution of hereof. Respondents shall promptly provide invoices for expert fees and litigation
costs within ten(10)days of the date hereof.
3. Should counsel for Petitioner and counsel for all Respondents with an interest in
108FEE, 108TCE1 and 108TCE2 reach a timely agreement with respect to all expert's fees and
costs as per paragraph 2, above,the resulting fee and cost agreement, along with this mediated
settlement agreement is subject to and contingent upon subsequent review and approval by the
Collier County Board of County Commissioners.
4. Counsel for Petitioner and Respondents will jointly submit to the Court a
mutually-approved stipulated final judgment containing the terms and conditions of this
settlement agreement and the fee and cost agreement within twenty (20) days following the
approval of both this settlement agreement and the fee and cost agreement by the Collier County
Board of County Commissioners. The aforementioned mutually-approved stipulated final
judgment shall also contain the following provision:
Respondents' claims for severance and business damages resulting from the grade
separated overpass of CR. 951 over US 41 ("Overpass Claims')shall be determined at
the time of completion of the construction of the overpass. The right to raise such claims
shall only be available to the owner of the property and existing business owner at the
time of the completion of the overpass. If Respondents choose to sell the remainder real
estate and/or business prior to the completion of the overpass, such right to claim
damages shall extinguish as to the current Respondents and pass to the subsequent owner
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of the remainder real estate and/or business proprietor. Accordingly, the term
"Respondents," as it is used in the rest of this paragraph only, shall also refer to the
proper parties if the current Respondents no longer have an interest in the property
adjacent to the intersection at C.R. 951 and US 41 atrthe time of completion of the
overpass. Petitioner shall not contest the legal compensability of the Overpass Claims.
However, Petitioner shall be entitled to contest what amount is owed, if any. Petitioner
shall provide Respondents with Notice of Completion of the construction of the overpass
upon said completion. In order to bring an Overpass Claim, Respondents shall give
Petitioner notice of such Overpass Claims, which notice shall include a copy of this
order, no sooner than receipt of Petitioner's Notice of completion of construction of the
overpass improvements and no later than 3 years after receipt of said Notice. Withinone
hundred and fifty (150) days from the date of notice from the Respondents of their
Overpass Claims, Petitioner shall tender offers of settlement for both severance damages
and for business damages to Respondents via certified mail. Petitioner and the
Respondents shall schedule a mediation to attempt to resolve the Overpass Claims no
later than 90 days after the offers of settlement have been received, f Respondents reject
the settlement offers tendered by Petitioner. Should the parties not resolve the Overpass
Claims at mediation, Petitioner shall file suit against Respondents based on this
Judgment and the parties shall proceed to a Jury Trial on the issue of full compensation
of said claims, without the need for any further mediation. Attorney fees shall be
awarded pursuant to the provisions of Section 75.092(1), Florida Statutes, with the
benefit being calculated as the difference between the above-referenced settlement
• offers)and the amounts contained in the final judgment(s).
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5. It is understood and agreed by all parties hereto that neither this mediated
settlement agreement nor any of the terms herein are to be considered an admission of liability
on the part of any of the parties,but rather represents the settlement of disputed claims. Nothing
contained herein shall be deemed indicative of, or construed as, an agreement or admission by
either party as to the validity of such claims or the fair market value of the property subject to
these proceedings.
DATED:. J_,2011,
f J . CIRCLE K TORES,INC.
A� BY. .�' /`
rry Gendzier,Medi• •r [ y;..1 Alr: ,its --Mee-President
A „„,-- H&V REALTY CORP.OF BROOKLYN
evin I '�":`• ,Collier 0 r, • ,its
l E-Q. f2,2a T
`/`
PRESIDENTIAL BANK,FSB
1 /J
v G By:
Ja J.Bartlett Petit r's Attorney
Jeffrey L.Hinds,.letitioner's Attorney
/
f
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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,
Petitioner, Case No.: 13-CA-461
vs.
Parcels: 108FEE, 108TCE1,108TCE2
H&V REALTY CORP. OF BROOKLYN, an
inactive New York corporation; et al.,
Respondents.
STIPULATED FINAL JUDGMENT AS TO PARCELS 108FEE, 108TCE1
AND 108TCE2 AND AGREED ORDER ON APPORTIONMENT AND
DISBURSEMENT OF FUNDS FROM TRUST ACCOUNT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and by Respondents, H & V REALTY CORP. OF
BROOKLYN ("H & V REALTY"), PRESIDENTIAL BANK, FSB ("PRESIDENTIAL"), and
CIRCLE K STORES, INC., (hereinafter "CIRCLE K"), by and through their undersigned
counsel, for entry of this Stipulated Final Judgment as to Parcels 108FEE, 108TCE1, and
108TCE2, for Project 60116,and it appearing to the Court that the parties are authorized to make
such Motion,and the Court being fully advised in the premises thereof,it is thereupon
ORDERED AND ADJUDGED that:
1. Petitioner, COLLIER COUNTY,FLORIDA,will pay a total sum of One Million
Four Hundred Forty-Six Thousand Nine Hundred Twenty-Three Dollars and 30/100 Cents
($1,446,923.30) in full settlement of all claims for full compensation from Respondents
whatsoever, including statutory interest, any and all severance damages, business damages,
attorneys' fees, and expert fees and costs, relating to the taking of Parcels 108FEE, 108TCE1,
and 108TCE2. Subject to the provisions of paragraphs 5 through 8,below,the foregoing sum of
$1,446,923.30 includes $850,000 for all real estate claims which total sum is apportioned solely
to Respondents' H & V REALTY and PRESIDENTIAL together with H & V REALTY's
attorney's fees, experts' fees and costs. The foregoing sum of $1,446,923.30 also includes
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$250,000 for Business Damage Claims which sum is awarded solely to Respondent, CIRCLE K
STORES,INC.,together with CIRCLE K's attorney's fees and costs.
2. Petitioner, COLLIER COUNTY, FLORIDA, shall be entitled to a credit in the
amount of Seven Hundred Eighty-Two Thousand Dollars and No/100 ($782,000.00)
previously deposited with the Court pursuant to the Order of Taking dated April 3,2013.
3. The aforementioned sums in Paragraph 1 shall be paid to Respondents as follows:
a. Within thirty (30) days of this Final Judgment, Petitioner; COLLIER
COUNTY, FLORIDA, shall deposit an additional sum of Sixty-Eight Thousand Dollars and
No/100 ($68,000.00) into the Registry of the Court for the additional funds owed for
compensation for Parcels 108FEE, 108TCE1,and 108TCE2 pursuant to this Final Judgment; and
b. Within thirty days of this Judgment, Petitioner, Collier County, Florida
shall pay One Hundred Fifty-Five Thousand Nine Hundred Sixty Dollars and 80/100 Cents
($155,960.80) directly to Gray Robinson Trust Account c/o Kent L. Hipp, Esq., GrayRobinson,
P.A., 301 East Pine Street, Suite 1400 Orlando,FL 32801,as settlement of all attorney's fees and
experts' fees and costs incurred by H&V Realty Corp. of Brooklyn; and
c. Within thirty (30) days of this Judgment, Petitioner, Collier County,
Florida shall pay Four Hundred-Forty Thousand Nine Hundred Sixty-Two Dollars and
50/100 Cents ($440,962.50) directly to Gaylord Merlin Ludovici & Diaz Trust Account, c/o
Lorena Hart Ludovici,Esq. as settlement of all business damages,attorney's fees and expert fees
and costs associated with all claims from Circle K Stores,Inc.
4. On April 25,2013,this Court entered an Agreed Order on Respondent's Motions
for Apportionment and Disbursement and/or to Allow Withdrawal of Funds for Parcels 108FEE,
108TCE1 and 108TCE2 (with Directions to Clerk for Disbursement) ("Agreed Order").
Moreover, the Court on June 24, 2013, also entered an Order on Motion to Withdraw Funds
directing the Clerk of the Court to disburse Four Hundred Forty-Four and No/100 Dollars
($444.00)to the Collier County Tax Collector as and for the pro-rated real property taxes due for
Parcel 108FEE. Accordingly, Petitioner's deposit of Seven Hundred Eighty-Two Thousand and
No/100 Dollars ($782,000), less the pro-rated property taxes of $444.00 or a total of Seven
Hundred Eighty-One Thousand Five Hundred Fifty-Six and No/100 Dollars ($781,556) was
deposited into the GrayRobinson P. A. Trust Account. In accordance with the Agreed Order,
Four Hundred Forty-Six Thousand Eight Hundred and No/100 Dollars ($446,800) was
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immediately disbursed to the Mortgagee, PRESIDENTIAL and the balance of the funds are
being held in said GrayRobinson, P. A. Trust Account pending agreement of the parties or
further order of this Court. All of the parties to the Joint Motion for Entry of this Stipulated
Final Judgment have agreed,and therefore,this Court Orders that all of the remaining funds held
in the GrayRobinson, P. A. Trust Account for this matter, including any and all interest earned
on said funds to date, are finally apportioned and shall be disbursed to the Mortgagee,
Respondent,PRESIDENTIAL for the benefit of Respondent,H&V REALTY.
5. CIRCLE K shall receive from H & V a THIRTY FIVE PERCENT (35%)
reduction in CIRLCE K's Monthly Base Rent upon entry of this Final Judgment and continuing
through the expiration date of the Primary Term of the Lease Agreement between said parties
("Lease")on September 30,2024.
6. In addition to the rent reduction described in paragraph 3 above,CIRCLE K shall
also receive from H & V an additional rent reduction of $100,000 allocated pro rata on a
monthly basis commencing u p on the entry ry of this Final Judgment and extending through the
expiration of the Primary Term of the Lease on September 20,2024.
7. H & V and CIRCLE K shall execute a simple Amendment to the Lease
("Amendment") reflecting the revised area of the leasehold and paragraphs five (5) and six
above. The Amendment shall also indicate that all other terms of the Lease remain in full force
and effect.
8. PRESENTIAL shall execute a Joinder and Consent to the Amendment.
9. There shall be no further funds due from Petitioner for the taking of Parcels
108FEE, 108TCE1, and 108TCE2,beyond what is set forth in this Final Judgment.
10. Respondents' claims for severance and business damages resulting from the
grade-separated overpass of C.R.951 over US 41 ("Overpass Claims")shall be determined at the
time of completion of construction of the overpass. The right to raise such claims shall only be
available to the owner of the property and existing business owner at the time of the completion
of the overpass. If the Respondents choose to sell the remainder real estate and/or business prior
to the completion of the overpass, such right to claim damages shall extinguish as to the current
Respondents and pass to the subsequent owner of the remainder real estate and/or business
proprietor. Accordingly,the term "Respondents,"as it is used in the rest of this paragraph only,
shall also refer to the proper parties if the current Respondents no longer have an interest in the
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property adjacent to the intersection at C.R. 951 and US 41 at the time of completion of the
overpass. Petitioner shall not contest the legal compensability of the Overpass Claims.
However, Petitioner shall be entitled to contest what amount is owed, if any. Petitioner shall
provide Respondents with Notice of Completion of the construction of the overpass upon said
completion. In order to bring an Overpass Claim, Respondents shall give Petitioner notice of
such Overpass Claims, which notice shall include a copy of this Final Judgment, no sooner than
receipt of Petitioner's Notice of completion of construction of the overpass improvements and no
later than 3 years after receipt of said Notice. Within one hundred and fifty(150) days from the
date of notice from the Respondents of their Overpass Claims, Petitioner shall tender offers of
settlement for both severance damages and for business damages to Respondents via certified
mail. Petitioner and the Respondents shall schedule mediation to attempt to resolve the Overpass
Claims no later than 90 days after the offers of settlement have been received, if Respondents
reject the settlement offers tendered by Petitioner. Should the parties not resolve the Overpass
Claims at mediation, Petitioner shall file suit against Respondents based on this Judgment and
the parties shall proceed to a Jury Trial on the issue of full compensation of said claims, without
the need for any further mediation. Attorney fees shall be awarded pursuant to the provisions of
Section 73.092(1), Florida Statutes, with the benefit being calculated as the difference between
•
the above-referenced settlement offer(s) and the amounts contained in the final judgment(s).
11. Title to Parcels 108FEE, 108TCE1, and 108TCE2, being fully described in
Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the
Order of Taking dated March 13, 2013 and the deposit of money heretofore made, is approved,
ratified and confirmed.
12. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 4879, Page 1825, et.seq., of the Public Records of Collier County, Florida be
dismissed as to Parcel 123FEE.
13. The settlement sum on deposit with the Court's Registry will be subject to claims
of apportionment, if any, by any judgment creditors, mortgages and lien holders named in this
action.
14. The Court reserves jurisdiction to enforce the terms of this Final Judgment.
15. This Final Judgment is to be recorded in the Official Records of Collier County,
Florida.
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IT IS THEREFORE, DONE AND ORDERED in Chambers at Naples, Collier County,
Florida,this day of May,2014.
HONORABLE LAUREN L. BRODIE
CIRCUIT COURT JUDGE
Conformed copies to:
Emily R.Pepin,Esq.
Lorena H.Ludovici,Esq.
Kent L.Hipp,Esq.
Jeffrey L.Hinds,Esquire
Charles PT Phoenix,Esquire
Merchant Financial Corporation
Kevin Hendricks,Acquisition Mgr./I'ransportation
Bookkeeping
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Schedule 1
(Fee Simple Acquisition)
TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBUG6TIONS
INCURRED FOR THE CONSTRUCTION,OPERATION AND MAINTENANCE OF
ROADWAY.DRAINAGE Amp UTILQY IMPROVEMENTI TO THEJNTERSECTION
OF US 41 AND COLLIER BOULEVARD ITRANSPORTATJON INTERSECTION
SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO,SOLI%
The following summarizes the Interests and rights Collier County (hereinafter the
County) shall acquire from the property owners/Interest holders (hereinafter
"Owner(s)") of certain teal property and described in the legal description and sketch
(`Schedule in.and the obligations the County has agreed to comply with In connection
with such interests and rights:
1, The area of the Interests and rights to be acquired by the County are described
and depicted herein and on Schedule H.
2. Schedule it describes and depicts a fee simple acquisition from Owners)for road
construction and related purposes,all being associated with the Pro)ect. The County
shall acquire a fee simple interest in the property described and depicted on Schedule
•
II,
I .
EXHIBIT
Schedule I•Page 1 of 1
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UNPIATTED LEGEND
UNITED TD.EPHONE Po.WINO-OF•yRpr
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mu.Nf0 KNOWN AS
LEGAL DESCRIPTION - PARCEL 108FEE
A PARCEL OF 1AND LYING IN SECTION 3. TOWNSFQP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORID BONG
LORE PARTICULARLY D1313MED AS FOUAwS:
BEGINNING AT THE SOUTHEAST CORNER or PARCEL 142 (ORDER Or TAXING)AS RECORDED IN OFFICIO. RECORDS 80OK
1458. PAGE 1244 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA:
•
THENCE ALONG THE EASTERLY BOUNDARY OF SAW PARCEL 142.THE FOLR.OWINO TWO (2) DESCRIBED COURSESr
I) THENCE NOT28•03'E FOR 292.80 FEET:
2) THENCE N35•43'•411 FOR 4917 FEET;
THENCE 55•20•471 FOR 83,58 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY UNE OF U.S. 41;
THENCE LEAVING SAID SOUTHERLY RAGHTT-OF-WAY UNE 53f257719 FOR 39.30 PEST;
, THENCE s1a'03'3419 FOR 29.06 FEET:
. THENCE SO3'44'4011/ FOR 120.68 FEET;
. THENCE S8613•IS1 FOR 5.00 FEET;
THENCE 503'48•4519 FOR 108.34 FEET TO A POINT ON THE SOUTHERLY BOUNOARRY OF THE PARCEL DESCRIBED IN
OFFICNL RECORDS 800K 4209, PACE 124o OF THE PUBLIC.RECORDS or COLLIER COIRNTY, FLORIDA;
THENCE 1187•31'4719 FOR 07.12 FEET, TO THE POINT OF 9ESSIN*1C OF THE PARCEL HERM DESCRIBED.
CONTAINING 22.341 SOUAI;TE FEET LORE OR LESS. SUBJECT TO EASELENTS AND RESTRICTIONS OF RECORD.
TECT4-ROW _
iiiljeLTai
gut t o
MICHAEL A. WARD PROFESSIONAL WC SURVEYOR LSD 5301 E SIGNED
i NOT VAUD WITHOUT THE ORIGINAL SIGNATURE Nk RAISED DEBOSSED SEAL OF A FLARE% REGISTERED PROFESSIOFNI
SURVEYOR AND WAFER.THIS N NOT A SURVEY.
04.IA Wt:4_,WN r M1lAA •PIISW•OM lM+R/w Iwwar r am
eakili.r.k A:wpgrr arYorm.OpPr 1. wpmM
PROJBCTI v.9.4i/C.L95P/B 8.951 Ri, "°
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ettr B AND LSCAL BEBCRIFyIoN .tip V. •
PARCEL 1081EiT REh1>iT-OF-IFAY t
Mw�rwaM.�o
PBBPA�D DOft O0W GOIOITY coTi>HII11!T/Bujm 97 mum COIDOEfAIKRS 4.,c /Wpm wimp"
JOB NUMBER !REVISION f SECTKNN TORRISHIPf RANG[ - OR4WN BY Ow
FEE NAME I SHEET
0900111400.00 1 J_ 3 L 515 25E 1'. e0' 3/13/12 J RA-K.•I SKD.10BFEE 1 OF 1
.C'ehPrlill o TT _-
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Schedule 111
(Temporary Construction Easement)
RNS..4 . vF 1 T- _. ' �. �� -4 • . ._ c.
INCURRED FOR THE CONSTRUCTION.QPEhATION AND MAINTENANCE OF
Bzwitsr.mansgutipjaurcalemi TO THE wree8ECT�O j
OF US 41 AND COWER BOULEVARD(TRANSPORTATION INTERSECTION
SAFETY AND CAPACRY)MPJROVEMENT PR9GRAMR PROJJCT NOJ(111)
The following summarizes the interests and rights Collier County (hereinafter the
County') shall acquire from the property owners/Interest holders (hereinafter
`Owner(s)') of certain real property end described In the legal description and sketch
('Schedule IV')and the obligations the County has agreed to comply with in connection
with such easement interests and rights;
1. The area of the easement interests and rights to be acquired by the County are
described and depicted herein and on Schedule IV.
2. Schedule IV describes and depicts a Temporary Construction Easement('iCE')
area as follows:
a. The County shall have the temporary right and privilege to enter upon the
lands described in Schedule iV as a temporary construction easement
area for the purpose of(1)constructing roadway, bikepath end sidewalk
Improvements, drainage structures (including but not limited to ditches,
swates, earthen berms, rip-rap and retaining wail systems, underground
pipes,various types of water control structures),and any and all manner
of pubic and private utility facilities within the public right-of-way; (2)
constructing or modifying driveways,walls, and other structures affected
by the roadway construction but which are not within the public right-of-
way; (3)storage end marshalling of equipment and materials during the
roadway construction project, and (4) demolishing or clearing any
structures, improvements or other features required to be removed in
order to construct the improvements contemplated by the Contract Plans
for Intersection Capacity Improvements for Collier County Project No.
none, with full authority to enter upon, grade, regrade, excavate or
otherwise construct such improvements as are necessary for the
construction of the Project,any improvements depicted in Schedule II,and
for restating the temporary construction easement area.
b. All the TCE rights and privileges granted herein shaft commence on the
day the easement rights are vested in the County through agreement,
court order,or operation of law and end three(3)years after that date.
c. Throughout the duration,the County has the right and authority to remove
and dispose of dirt,rocks and vegetation within the temporary construction
easement area. To the extent damage or loss results from use of the TCE
by the County, its agents or contractors, County shall compensate
Owner(s)for any damage or loss remaining at the end of the of term of
this ICE,
3. Owner(s),their heirs,successors and assigns may continue to use the TCE area
for any lawful purposes that do not directly interfere with the County's acquired rights;
provided, however, that Owner(s), their heirs, successors and assigns shall not
Schedule III-Page 1 of 2
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construct nor permit to be constructed any building, structure, excavation or other
improvement or obstruction,on,over, under,above,across,within or through the ICE
area(for as long as it shall exist)which may interfere with the County's construction of
the improvements as depicted in the Contract Plans for Intersection Capacity
Improvements for Collier County Project No.80116 or which would otherwise directly
interfere with the exercise by the County of Its acquired easement rights, including
ingress to and egress from the TCE area(for as long as It shall exist).
Schedule III-Page 2 of 2
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N
SCHEDULE IV '
Page 2of2
I b b
GAMIC fatal
I. 444,4/
RI a .•4.
N3S39'13'E {i
5,00' * S54'20'47'E
1OISTCE2 X41 , 40.00
200 SF �•• -•
40.00' ST
SSS30 13'* ' ,T 0,•
3.00' '"7F 'OC
HIV REALTY CORPORATION
OF BROOKLYN, WC.
OR 4266, PG 1246
FOUD NO.00724600007
U31 * 41
KRD 931 , 41. LLC ur.RNiM-OF-dY
OR 41. 0 2 SOS OR O 6411-9-141Y OS 9001;
FOLIO N0. 09726260D07 Pe.PLAT MK
PC.PALE
P09=poNT OF IECWaNC
r POC.PONT OF OO41I11JICE9OO
NZA MOANER
! S.R. INIIE I0I Q
AKA.ALSO NNOYN AS
LEGAL DESCRIPIION - PARCEL 1OSTCE2
A PARCEL OF IANO LYING 114 SECTION 3.TOWNSHIP 51 SOUTH, RANGE 26 EAST. COWER COUNTY, FLORIQI BEING
MORE PART■CUUNO.Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN OFRORL RECORDS BOOK 4269, PAGE 1244
OF THE PUBLIC RECORDS OF COWER COUNTY, ALSO BONG TIE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN
OFFICIAL RECORDS ROOK 4167. PAGE 605 OF THE PUBLIC RECORDS OF COWER COUNTY. FLORIDA, ALSO BEING A
POINT ON THE SOUTHERLY RIGHT-Of-NAY LINE OF U.S. 41;
THENCE NS4-20'47'W FOR 34.92 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY UNE OF U.S. 41. TO THE POINT OF
BE0110111IG OF THE PARCEL OEBED HER17N;
THENCE LEAVING THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S.41, S30•39'13'W FOR 0.00 FEET;
THENCE N5410'4711 FOR 40.00 FEET;
THENCE 143339'131 FOR 5.00 FEET, TO A POINT ON SAID SOUTHERLY RIGHT•OF-WAY UNE OF U.S. 41;
THENCE 554'20'47t FOR 40.00 FEET NANO SAO SOUTHERLY RIONT-OF-WAY UNE OF U.S. 41,TO THE POINT OF
BEOMINC OF THE PARCEL HERON 06SOROEN
COIRAN1NG 200 SQUARE FEET YORE OR OR LESS. SUBJECT TO EASEHENTS AND RESTRICTIONS OF RECORD.
TEMPORARY -ROW
CONSTRIXTION EASEMENT .NN 15 2012
hitc„.
=ATM 3 YEARS.
MICHAEI. A. WAND PROFESSIONAL LAND SURVEYOR LS/ 5.301 obTE SIGHED •
NOT VALID WITHOUT THE 010OINAL SIGNATURE &RAISED EMBOSSED SEAL OF A FLORIDA REGbs PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
M I>RY OIR A lakaaatieValT101•aaN.Wawa. ■q1 mu.1.r{w 14...41.1.6 44 WM.A.
PROJECT: U3 41/+..R.991/IPTIO 1
RUT= AM TJTGAL DsBtJIDT1oN abaft
`• PARCEL 1011TCBRI TTTIIYOBAAY CONSTRUCTION EASEYINT 14rw.R-44I11.1.464.M
Meal=FOR t MORT G01ENII OtT/90Lp 07 N®fTT OOIBa1IIRCi RRR F40i�Mkommom
.104 MAWR 060001.00.00 [ 0 I5E3IONIT 506 s 1 261 I t• - 40' I 6/0112 i RAN. J SIco-tOBTOE2 I 1 OFD 1
•
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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,
Petitioner, Case No.: I3-CA-461
vs.
Parcels: 108FEE, 108TCE1, 108TCE2
H&V REALTY CORP. OF BROOKLYN, an
inactive New York corporation; et al.,
Respondents.
/
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, Collier County, Florida, together with Respondents, H & V Realty Corp. of
Brooklyn, Presidential Bank, FSB and Circle K Stores, Inc., hereby respectfully move for entry
of the attached Stipulated Final Judgment, as to Parcels 108FEE, 108TCE1, and 108TCE2
attached hereto as Exhibit"A".
Dated: / Dated.'
-
l
KENT L.HIPP, , :
�� IRE .�RE►.,: .,LUDOVICI,ESQUIRE
Florida Bar No. 879630 Florida Bar No. 847062
GrayRobinson,P.A. Gaylord Merlin Ludovici&Diaz
301 East Pine Street, Suite 1400 5001 West Cypress Street
Orlando,Florida 32801 Tampa,Florida 33607
kent.hipp(a.,gray-robinson.com lludovici@gaylordmerlin.com
ATTORNEY FOR H&V ATTORNEY FOR CIRCLE K STORES, INC.
REALTY CORP.of BROOKLYN
Dated: ''/C:-/Iii .,,/" Dated:
"i7:: 4 79
KENT L.HIPP,ESQUIRE EMILY R.PEPIN,ESQUIRE
Florida Bar No. 879630 Florida Bar No. 92956
GrayRobinson,P.A. Office of the County Attorney
301 East Pine Street, Suite 1400 3299 Tamiami Trail E,Suite 800
Orlando,Florida 32801 Naples,Florida 34112
kent.hipp(a?gray-robinson.com emilypepin(a colliergov.net
ATTORNEY FOR PRESIDENTIAL BANK,FSB CO-COUNSEL FOR PETITIONER
1
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Joint Motion for
Final Judgment was filed with the Clerk of Court, using the Florida Courts E-Filing Portal, and
that a true and correct copy was furnished via Electronic Mail and/or U.S. Mail this day of
April,2014 to all parties listed on the Service List below as indicated.
BY:
EMILY R.PEPIN,ESQUIRE
SERVICE LIST
Parcels 108FEE, 108TCE1,108TCE2
Jeffrey L.Hinds,Esquire Presidential Bank,.FSB, a federal savings bank
Jay J. Bartlett,Esquire do Kent L.Hipp,Esquire
Smolker Bartlett Schlosser Loeb&Hinds,P.A V.Nicholas Dancaescu, Esquire
500 East Kennedy Boulevard, Suite 200 GrayRobinson,P.A.
Tampa,Florida 33602-4825 P.O.Box 3068
(via electronic mail) Orlando,FL 32802
jeffreyhna.smolkerbartlett.com (via electronic mail)
JayB@smolkerbartlett.com kent.hipp @,gray-robinson.comn
Special Counsel to the County nick.dancaescu®gray-robinson.com
debbie.townsendegrav-robinson.com
H&V Realty Corp. of Brooklyn,an inactive
New York corporation
do Kent L. Hipp,Esquire Merchant Financial Corporation, a Connecticut
V.Nicholas Dancaescu,Esquire corporation
GrayRobinson,P.A. do Neville Grusd,President
P.O.Box 3068 1441 Broadway,Fl.22
Orlando,FL 32802 New York,NY 10018-1905
(via electronic mail) (via U.S. Mail)
kent.hipp@a,grav-robinson.com
nick.dancaescuna.gray-robinson.com
debbie.townsend @,gran-robinson.com Larry H.Ray
as Collier County Tax Collector
Circle K Stores Inc., a Texas corporation do Charles PT Phoenix,Esquire
c/o Lorena Hart Ludovici,Esquire Rhodes Tucker
Gaylord Merlin Ludovici&Diaz 2407 Periwinkle Way,Suite 6
5001 West Cypress Street Sanibel,FL 33957
Tampa, FL 33602 (via electronic mail)
(via electronic mail) cptp@rhodestucker.com
Iludovici(a,gaylordmerlin.com kv@rhodestucker.com
dwilliamsavlordmerlin.com
13-461-CA/34
2
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