Agenda 05/13/2013 Item #16A235/14/2013 16.A.23.
EXECUTIVE SUMMARY
Recommendation to ratify and approve a stipulated Final Judgment as to the interest of 7-
Eleven, Inc., in Parcels 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3,
105TCE4, 107FEE, 107TCE1, 107TCE2 and 109FEE as part of the US -41 / Collier
Boulevard Intersection Improvement project (Project No. 60116) Fiscal Impact:
$5,205.50.
OBJECTIVE: To settle the lawsuit styled Collier County v. Lowe's Home Center, Inc., et al, as
to the interest of 7- Eleven, Inc., in Parcels 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2,
105TCE3, 105TCE4, 107FEE, 107TCE1, 107TCE2 and 109FEE 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. 7- Eleven, Inc., is the holder of a reciprocal access easement over the Lowe's Home
Center, Inc., shopping center property. As such they had to be served as a parry defendant in the
eminent domain lawsuit styled Collier County v. Lowe's Home Center, Inc., and were therefore
entitled to hire counsel, and expert witnesses for the purpose of exercising their right to make an
apportionment claim on the proceeds from the County's deposit.
7- Eleven has agreed to resolve their entitlement to apportionment for the total sum of $5,000
inclusive of all attorney fees and expert witness costs. (See Paragraph 1 of the attached
Stipulated Final Judgment.)
FISCAL IMPACT: Additional expenditures include $5,000 to defendant's attorney's trust
account, $35.50 in recording fees, and $170 Clerk's Service Fee. Funds in the amount of
$5,205.50 are available in the project. Source of funds are impact fees. There are no on -going
maintenance or repair costs associated with the acquisition of right -of -way for the project.
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.23.
COLLIER COUNTY
Board of county commissioners
Item Number: 16.16.A.16.A.23.
Item Summary: Recommendation to ratify and approve a stipulated Final Judgment as to
the interest of 7- Eleven, Inc., in Parcels 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2,
105TCE3, 105TCE4, 107FEE, 107TCE1, 107TCE2 and 109FEE as part of the US -41 / Collier
Boulevard Intersection Improvement project (Project No. 60116) Fiscal Impact: $5,205.50.
Meeting Date: 5/14/2013
Prepared By
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
4/2/2013 11:33:10 AM
Approved By
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 4/2/2013 2:10:54 PM
Name: LynchDiane
Title: Administrative Assistant
Date: 4/18/2013 12:51:35 PM
Name: KearnsAllison
Date: 4/19/2013 8:10:52 AM
Name: KearnsAllison
Date: 4/19/2013 8:41:03 AM
Name: ShueGene
Date: 4/19/2013 2:28:04 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 4/24/2013 8:13:15 AM
Name: WrightJeff
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Title: Assistant County Attorney,County Attorney
Date: 4/24/2013 8:43:43 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/24/2013 4:05:48 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 5/2/2013 12:25:31 PM
Name: OchsLeo
Title: County Manager
Date: 5/2/2013 4:44:59 PM
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5/14/2013 16.A.23.
5/14/2013 16.A.23.
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,
VS.
LOWE'S HOME CENTER, INC., allorth
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.
Case No.: 2013 -CA -142
Parcels: 105FEE1, 105FEE2, 105FEE3,
105TCE1, 105TCE2, 105TCE3, 105TCE4,
103FEE,103TCE, 107FEE, 107TCE1,
107TCE2,109FEE
STIPULATED FINAL JUDGMENT AS TO 7- ELEVEN'S INTEREST IN PARCELS
105FEE1 105FEE2 105FEE3 105TCE1 105TCE2 105TCE3 105TCE4 AND 109FEE
THIS CAUSE came before the Court upon the Joint Motion for Entry of Final Judgment
as to Parcels 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4 AND
109FEE ("Joint Motion ") filed by Petitioner, COLLIER COUNTY, FLORIDA
("PETITIONER "), and Defendant, 7- ELEVEN, INC. ( "RESPONDENT "). The Court having
reviewed the record and it appearing that the parties hereto were authorized to enter into the Joint
Motion and that the papers filed herein by Petitioner are in proper and sufficient form, and the
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Court finding that the compensation to be paid by Petitioner 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. RESPONDENT shall have and recover from Petitioner the sum of Five Thousand
and NO/100 Dollars ($5,000.00), in full compensation for the property interests taken,
improvements taken, severance damages, cure costs, business damages, and all other damages
claimed by or through them, their successors and assigns, now and in the future arising from the
taking of Parcels 105FEEI, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4,
109FEE, 109SWE1, 109SWE2 and 109TCE in this cause, including all experts, fees and costs,
appraisal services and costs and attorney's fees.
2. Pursuant to the Joint Motion, COUNTY agrees to the following terms:
a. COUNTY shall construct the project in substantial conformity to the 90%
Construction Plans [ "Design and Related Services Intersection Capacity Improvements
SR 90 (US 41) & SR/CR 951 "1 dated November 21, 2012, filed with the Court on this
matter and incorporated herein by this reference, reserving to 7- ELEVEN all claims
under Central and Southern Florida Flood Control Dist. Y. Wye River Farms, Inc., 297
So.2 323 (Fla.4t" DCA 1974);
b. The COUNTY shall not store any vehicles, equipment, materials or other
items within the driveways;
C. The COUNTY shall perform all work in such a manner that existing
improvements shall not be damaged. It is further understood and agreed that the
COUNTY shall, at its own expense, restore the remaining lands to a safe and sanitary
condition;
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d. The COUNTY shall maintain continuous access through each driveway at all
times.
3. Pursuant to the aforementioned joint motion, RESPONDENT 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 105FEE1, 105FEE2, 105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4 and 109FEE.
Such stipulation is hereby ratified and incorporated into this order and judgment.
4. Further, pursuant to the aforementioned joint motion, RESPONDENT and its
counsel have each agreed that no claim for apportionment will be made by RESPONDENT
against the other parties in the action.
5. Accordingly, within thirty (30) days after the date of this order, Petitioner shall
pay the total sum of Five Thousand and NO /100 Dollars ($5,000.00) to the trust account of
Trenam, Kemker, Scharf, Barkin, Fyre, O'Neil &Mullis, P.A., c/o Paul Bain, Esquire, 101 East
Kennedy Blvd., Suite 2700, Tampa, Florida 33602; which total sum shall satisfy the awards
made herein. Upon such payment, RESPONDENT stands dismissed from this action without
further Order of the Court.
6. There is no other or further compensation, attorneys' fees or costs due from
Petitioner to this RESPONDENT in this matter.
DONE and ORDERED in chambers in Collier County, Florida on this day of
2013.
Copies furnished to:
Jeffrey L. Hinds, Esquire
Paul Bain, Esquire
HONORABLE LAUREN L. BRODIE
CIRCUIT COURT JUDGE
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IN TIME CIRCUIT COURT OF THE TNTvTNTIETH JUDICIAL CIRCUIT
TN' -4.N FOR C011-LiE1^ COLS TY F, OI' D .
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Petitioner,
vs.
LOWE'S HOME CENTER, INC., a North
Carolina corporation; et al.,
Respondents.
Case No.: 2013 -CA -142
Parcels: 105FEE1, 105FEE2, 105FEE3,
105TCE1, 105TCE2, 105TCE3, 105TCE4,
103FEE,103TCE, 107FEE,107TCE1,
107TCE2, 109FEE
JOINT MOTION FOR ENTRY OF STIPULATED FINAL JUDGMENT
AS TO 7- ELEVEN'S INTEREST IN PARCELS 105FEEII 105FEE2, 105FEE3,105TCE1,
105TCE2, 105TCE3 105TCE4 and 109FEE
Petitioner, COLLIER COUNTY, and Respondent, 7- ELEVEN, INC., a Texas
corporation, by and through their undersigned counsel, hereby stipulate that notwithstanding the
Notice of Dropping Party previously filed, the parties hereto agree to submit to this Court's
jurisdiction solely for the entry of this Final Judgment and jointly move that the Court enter the
foregoing Stipulated Final Judgment as to Parcels 105FEEI, 105FEE2 105FEE3, 105TCE1,
105T E2,1 5 0 4 and 109FEE.
Paul D. Bain,tsq. VF
TRENAM, KEMKER, SCHA ARKII,1,
FRYE, O'NEIL & MULLIS, P.A.
101 E. Kennedy Blvd., Suite 2700
Tampa, Florida 33602
(813) 223 -7474
FBN: 984655
Counsel for Respondent 7 1 even
Dated this I day of , 2013.
Jeffrey L. Hinds, Esq.
SMOLKER BARTLETT SCHLOSSER LOEB &
HINDS, P.A.
500 East Kennedy Blvd., Suite 200
Tampa, Florida 33602
(813) 223 -3888
FBN: 0008710
Special Counsel to the Petitioner
Dated this day of _ 2013.
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AERAIL PHOTO SHOWING REGION'S, CARRABB'S AND 7 -11
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