Agenda 05/13/2013 Item #16A225/14/2013 16.A.22.
EXECUTIVE SUMMARY
Recommendation to ratify and approve a stipulated Final Judgment as to Parcel 103FEE
and 103TCE as part of the US -41 / Collier Boulevard Intersection Improvement project
(Project No. 60116) Fiscal Impact: $7,447.50
OBJECTIVE: To settle the lawsuit styled Collier County v. Lowe's Home Center, Inc., et al, as
to Parcels 103FEE and 103TCE (Red Naples Holdings, LLC) and eliminate exposure to further
costs arising out of extended litigation.
CONSIDERATIONS: The above - referenced parcels were taken by Collier County for the
purpose of constructing at -grade improvements to the intersection of US -41 and Collier
Boulevard.
Collier County deposited $10,400 into the court registry for the taking of Parcels 103FEE and
103TCE. This was the estimate of full compensation according to the County's real estate
appraiser. The property owner, through its attorney, has agreed to settle the case for the total
sum of $17,625 inclusive of all attorney fees and expert witness costs.
FISCAL IMPACT: Additional expenditures include $7,225 to be deposited into the court
registry, $52.50 in recording fees, and $170 Clerk's Service Fee. Funds in the amount of
$7,447.50 are available in the project. Source of funds are impact fees. The estimated annual
operating and maintenance costs of the new right -of -way will be negligible due to the small size
of the parcel (.021 acres) while it remains unimproved.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with the approval of this agenda item.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a
majority vote for approval. JW
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida
approve entry of the attached Stipulated Final Judgment with the Circuit Court.
Prepared by: Kevin Hendricks, Right -of -Way Acquisition Manager
Attachments: Stipulated Final Judgment with legal description attached thereto
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5/14/2013 16.A.22.
COLLIER COUNTY
Board of county commissioners
Item Number: 16.16.A.16.A.22.
Item Summary: Recommendation to ratify and approve a stipulated Final Judgment as to
Parcel 103FEE and 103TCE as part of the US -41 / Collier Boulevard Intersection Improvement
project (Project No. 60116) Fiscal Impact: $7,447.50.
Meeting Date: 5/14/2013
Prepared By
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
3/8/2013 4:12:44 PM
Approved By
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 4/17/2013 2:50:34 PM
Name: LynchDiane
Title: Administrative Assistant
Date: 4/18/2013 12:47:41 PM
Name: ShueGene
Date: 4/18/2013 6:01:05 PM
Name: KeamsAllison
Date: 4/19/2013 8:07:27 AM
Name: KearnsAllison
Date: 4/19/2013 8:18:41 AM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 4/24/2013 8:42:13 AM
Name: Marcellaleanne
Title: Executive Secretary,Transportation Planning
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Date: 4/24/2013 8:42:47 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/24/2013 4:12:04 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 5/2/2013 12:20:36 PM
Name: OchsLeo
Title: County Manager
Date: 5/2/2013 4:44:35 PM
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5/14/2013 16.A.22.
5/14/2013 16.A.22.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.22.
Item Summary: Recommendation to ratify and approve a stipulated Final Judgment as to
Parcel 103FEE and 103TCE as part of the US -41 / Collier Boulevard Intersection Improvement
project (Project No. 60116) Fiscal Impact: $7,447.50.
Meeting Date: 5/14/2013
Prepared By
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
3/8/201' ) 4:17:13 PM
Approved By
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 4/17/2013 2:47:42 PM
Name: LynchDiane
Title: Administrative Assistant
Date: 4/18/2013 12:45:03 PM
Name: KearnsAllison
Date: 4/18/2013 4:51:28 PM
Name: KearnsAllison
Date: 4/18/2013 4:53:03 PM
Name: ShueGene
Date: 4/18/2013 6:01:26 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 4/24/2013 8:11:29 AM
Name: WrightJeff
Title: Assistant County Attomey,County Attorney
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Date: 4/24/2013 8:41:40 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/24/2013 4:11:41 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 5/2/2013 12:17:45 PM
Name: OchsLeo
Title: County Manager
Date: 5/2/2013 4:44:23 PM
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5/14/2013 16.A.22.
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.: 2013 -CA -142
VS.
Parcels: 103FEE AND 103TCE
LOWE'S HOME CENTER, INC., a North
Carolina corporation; RED NAPLES
HOLDINGS V., LLC, a Florida limited liability
company; KRG EAGLE CREEK III, LLC, an
Indiana limited liability company; TJS NAPLES,
LLC, a Florida limited liability company;
BARRON COLLIER RESOURCES, LLLP, a
Florida limited liability limited partnership;
COLLIER LAND AND CATTLE
CORPORATION, a Florida corporation;
WALGREEN CO., an Illinois corporation; 7-
ELEVEN, INC., a Texas corporation;
FLORIDA POWER & LIGHT COMPANY;
GULF COAST DONUTS, LLC, a Florida
limited liability company, d/b /a Dunkin' Donuts;
LARRY H. RAY, as Collier County Tax
Collector,
Respondents.
STIPULATED FINAL JUDGMENT AS TO PARCELS 103FEE AND 103TCE
THIS CAUSE came before the Court upon the Joint Motion for Entry of Stipulated Final
Judgment as to Parcels 103FEE and 103TCE ( "Joint Motion ") filed by Petitioner, COLLIER
COUNTY ( "COUNTY "), and Respondent, RED NAPLES HOLDINGS V, LLC, a Florida
limited liability company ("OVVJNER "). The Court having reviewed the record and it appearing
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that the parties hereto were authorized to enter into the Joint Motion and that the papers filed
herein by COUNTY are in proper and sufficient form, and the Court finding that the compensation
to be paid by COUNTY is full, just and reasonable for all parties concerned, and being otherwise
fully advised in the premises, it is hereby
ORDERED and ADJUDGED that:
1, All parties have been properly served with process or otherwise have submitted
themselves to this Court's jurisdiction. The Court has jurisdiction over the parties and the
subject matter of this cause pursuant to Florida Statutes, Chapters 73, 74 and 127.
2. COUNTY and OWNER each stipulate to the entry of this Final Judgment as to
Parcels 103FEE and 103TCE.
3. As set forth in the Court's March 1, 2013 Order of Taking as to Parcels 103FEE
and 103TCE ( "Order of Taking "), COUNTY'S good faith estimate of the value of Parcels
103FEE and 103TCE is TEN THOUSAND FOUR .HUNDRED AND NO /100 Dollars
($10,400.00).
4. Pursuant to Fla, Stat, §74.051(2) and the Order of Taking, COUNTY timely
deposited the sum of TEN THOUSAND FOUR HUNDRED AND N01100 Dollars ($10,400.00)
into the court registry on March 18, 2013, being the amount of COUNTY's good faith estimate
of the value of Parcels 103FEE and 103TCE, and thereupon COUNTY became vested with such
fee simple interest in and to Parcels 103FEE and 103TCE as described in the Order of Taking
and in Schedules I, II, III and IV attached thereto.
5. The Order of Taking is hereby ratified and confirmed, and is incorporated herein
by this reference.
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6. Based upon the foregoing, it is proper that this Final Judgment as to Parcels
103FEE and 103TCE should enter in favor of COUNTY and against the respondents named in
the Petition in Eminent Domain as their interests may appear.
7. The Joint Motion is GRANTED and is incorporated by reference into this Final
Judgment.
8. COUNTY and OWNER agree that OWNER shall recover from COUNTY the
total sum of SEVENTEEN THOUSAND SIX HUNDRED TWENTY -FIVE AND NO /100
DOLLARS ($17,625.00), in full compensation for the property interests taken, improvements
taken, severance damages, cure costs and all other damages or compensation claimed by or
through OWNER, its successors and assigns, now and in the future arising from the taking of
Parcels 103FEE and 103TCE in this cause, subject to the possible payment of any unpaid pro-
rated ad valorem taxes and other assessments assessed against said Parcels through the date of
taking. The aforementioned compensation paid by COUNTY includes full payment of all of
OWNER's attorneys' and experts' fees and costs expended or incurred in this cause by or on
behalf of OWNER.
9. Pursuant to the Joint Motion, OWNER disclaims any right to apportionment in
and to the compensation to be paid for the taking of Parcels 105FEE1, 105FEE2, 105FEE3,
105TCE1, 105TCE2, 105TCE3, 105TCE4 and 105TCE5 and agrees to be dropped from the suit.
OWNER and its counsel have each agreed that no nonmonetary benefits have been achieved in
this cause and thereby have waived any additional claim for attorney's fees or costs against
Petitioner in this cause as to Parcels 103FEE and 103TCE. Such stipulation is hereby ratified
and incorporated into this Final Judgment.
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10. COUNTY shall be and is hereby credited the sum of TEN THOUSAND FOUR
HUNDRED AND N01100 Dollars ($10,400.00) previously deposited into the court registry
pursuant to the Order of Taking. Such sum is hereby and shall be credited towards payment of
the awards made herein. Accordingly, COUNTY shall, within thirty (30) days of the date hereof
draw its check in the amount of SEVEN THOUSAND TWO HUNDRED TWENTY -FIVE
AND N01100 DOLLARS ($7,225.00) made payable to the Trust Account of Roetzel & Andress,
LPA, and send it via mail c/o Kenneth A. Jones, Roetzel & Andress, LPA, 2320 First Street,
Suite 1000, Fort Myers, Florida 33901
11. The interest, if any, related to the deposits referenced herein shall be distributed
pursuant to the formula set forth in Fla. Stat. 74.051
12. There is no other or finther compensation, damages, attorneys' fees and costs or
experts' fees and costs due from COUNTY to OWNER in this matter,
13. The Court retains jurisdiction for determination of unpaid taxes and special
assessments, if any, and for enforcement of the terms of this Final Judgment as may be
necessary.
DONE and ORDERED in chambers in Collier County, Florida on this day of
2013.
Copies fiunished to:
Jeffrey L. Hinds, Esquire
Kenneth A. Jones, Esquire
Larry H. Ray, Collier County Tax Collector
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LAUREN E. BRODIE
CIRCUIT COURT JUDGE
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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.: 2013 -CA -142
vs.
Parcels: 103FEE AND 103TCE
LOWE'S HOME CENTER, INC., a North
Carolina corporation; RED NAPLES
HOLDINGS V., LLC, a Florida limited liability
company; KRG EAGLE CREEK III, LLC, an
Indiana limited liability company; TJS NAPLES,
LLC, a Florida limited liability company;
BARRON COLLIER RESOURCES, LLLP, a
Florida limited liability limited partnership;
COLLIER LAND AND CATTLE
CORPORATION, a Florida corporation;
WALGREEN CO., an Illinois corporation; 7-
ELEVEN, INC., a Texas corporation;
FLORIDA POWER & LIGHT COMPANY;
GULF COAST DONUTS, LLC, a Florida
limited liability company, d/b /a Dunkin' Donuts;
LARRY H. RAY, as Collier County Tax
Collector,
Respondents.
JOINT MOTION FOR ENTRY OF STIPULATED FINAL JUDGMENT
AS TO PARCELS 103FEE AND 103TCE
Petitioner, COLLIER COUNTY and Respondent, RED NAPLES HOLDINGS V, LLC, a
Florida limited liability company, by and through their undersigned counsel, hereby stipulate and
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jointly movc the Court to enter the foregoing Stipulated Final Judgment as to Parcels 103FEE
and 10' )TCE with Disbursement Orders to Clerk.
Kenn e `. Jones, Esq.
FBN: 0158
ROEVEL & ANDRESS, LPA
2320 First Street, Suite 1000
Fort Myers, FL 33901
(239) 337 -3850
Attorneys for Respondent, Red Naples
Holdings V, LLC
Dated this _ 2 day of 6f , 2013
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Jetfrey L. Hinds, Esq.
FBN: 0008710
Jay J. Bartlett
FBN: 875163
SMOLKER BARTLETT SCHLOSSER
LoEB & HINDS, P.A.
500 East Kennedy Blvd., Suite 200
Tampa, Florida 33602
(813) 223 -3888
Special Counsel to the Petitioner
Dated this day of
2013.
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