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Agenda 12/10/2013 Item #16K1 12/10/2013 16.K.1 . EXECUTIVE SUMMARY Recommendation to ratify and approve a stipulated Final Judgment as to McDonald's Corporation's interest in Parcels 113FEE and 113TCE in the lawsuit styled Collier County, Florida v. New Plan Florida Holdings, LLC, et al., Case No. 13-CA-238 as part of the US- 41/Collier Boulevard Intersection Improvement project (Project No. 60116) Fiscal Impact: $5,000. OBJECTIVE: To settle the lawsuit styled Collier County v. New Plan Florida Holdings, et al, as to McDonald's Corporation's interest in Parcels 113FEE and 113TCE and eliminate exposure to further costs arising out of extended litigation. CONSIDERATIONS: Parcels 113FEE and 113TCE were taken by Collier County for the purpose of constructing at-grade improvements to the intersection of US-41 and Collier Boulevard. The parent tract property is a shopping center known as Freedom Square with a number of outparcels, one of which is owned by McDonald's Corporation. McDonald's is the holder of a reciprocal access easement over New Plan Florida Holdings shopping center property from which Parcels 113FEE and 113TCE were taken. As such McDonald's had to be served as a party defendant in the eminent domain lawsuit styled Collier County v. New Plan Florida Holdings, et al, 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. McDonald's has agreed to resolve their entitlement to apportionment for the total sum of$5,000 inclusive of attorney fees and expert witness costs FISCAL IMPACT: Funds in the amount of $5,000 are available in the US-41/Collier Boulevard Intersection Improvement project (Project No. 60116). Source of funds is 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 has been approved as to form and legality and requires a majority vote for Board approval. -ERP 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. Packet Page -2391- 12/10/2013 16.K.1 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.1. Item Summary: Recommendation to ratify and approve a stipulated Final Judgment as to McDonald's Corporation's interest in Parcels 113FEE and 113TCE in the lawsuit styled Collier County, Florida v. New Plan Florida Holdings, LLC, et al., Case No. 13-CA-238 as part of the US- 41/Collier Boulevard Intersection Improvement project (Project No. 60116) Fiscal Impact: $5,000. Meeting Date: 12/10/2013 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 11/1/2013 3:28:59 PM Approved By Name: HendricksKevin Title: Manager-Right of Way,Transportation Engineering Date: 11/4/2013 2:25:50 PM Name: TaylorLisa Title: Management/Budget Analyst.Transportation Administr Date: 11/4/2013 3:55:12 PM Name: KearnsAllison Date: 11/11/2013 12:16:11 PM Name: ShueGene Date: 11/14/2013 1:37:43 PM Name: AhmadJay Title: Director-Transportation Engineering,Transportation Engineering& Construction Management Date: 11/15/2013 1:39:11 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 11/18/2013 8:41:17 AM Packet Page-2392- 12/10/2013 16.K.1 . Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 11/20/2013 2:25:08 PM Name: KlatzkowJeff Title: County Attorney Date: 11/20/2013 4:23:16 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 11/21/2013 4:39:23 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 11/22/2013 11:27:17 AM Packet Page -2393- 12/10/2013 16.K.1 . 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.: 13-CA-238 Petitioner, Parcels: 113FEE, 113TCE vs. NEW PLAN FLORIDA HOLDINGS,LLC,a Delaware limited liability company; et al., Respondents. STIPULATED FINAL JUDGMENT AS TO THE INTEREST OF MCDONALD'S CORPORATION, IN PARCELS 113FEE, 113TCE THIS CAUSE came before the Court upon the Joint Motion for Entry of Final Judgment as to Parcels 113FEE and 113TCE ("Joint Motion") filed by Petitioner, COLLIER COUNTY, FLORIDA ("PETITIONER"), and Defendant,MCDONALD'S CORPORATION, a Delaware corporation, ("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 Court fmding 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 Packet Page-2394- 12/10/2013 16.K.1 . taking of Parcels 113FEE and 113TCE 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"] dated November 21, 2012, filed with the Court on this matter and incorporated herein by this reference, reserving to MCDONALD'S CORPORATION, all claims under Central and Southern Florida Flood Control Dist. V. Wye River Farms, Inc., 297 So.2 323 (Fla.4th 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; d. The COUNTY shall maintain continuous access through the driveway at all times. 3. Pursuant to the aforementioned joint motion, RESPONDENT and its counsel have each agreed that no monetary or 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 113FEE and 113TCE. Such stipulation is hereby ratified and incorporated into this order and judgment. Packet Page -2395- 12/10/2013 16.K.1 . 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 parties in this 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 account of Trenam, Kemker, Scharf, Barkin, Fyre, O'Neil &Mullis, P.A., do Stephen Tabano, 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 this 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. HONORABLE CYNTHIA A. PIVACEK CIRCUIT COURT JUDGE Copies furnished to: Jeffrey L. Hinds,Esquire Stephen Tabano,Esquire Packet Page -2396- 12/10/2013 16.K.1 . IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT Ask IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY,FLORIDA,a political subdivision of the State of Florida, Case No.: 13-CA-238 Petitioner, Parcels: 113FEE, 113TCE vs. NEW PLAN FLORIDA HOLDINGS,LLC,a Delaware limited liability company; et al., Respondents. JOINT MOTION FOR ENTRY OF STIPULATED FINAL JUDGMENT AS TO INTEREST OF MCDONALD'S CORPORATION IN PARCELS 113FEE, 113TCE Petitioner, COLLIER COUNTY, and Respondent, MCDONALD'S CORPORATION, a Delaware corporation„ by and through their undersigned counsel,hereby stipulate to the entry of this Final Judgment and jointly move that the Court enter the foregoing Stipulated Final Judgment as to Parcels 113FEE and 113TCE. Stephen Ta ano,Esq. Jeffrey L. Hinds, Esq. TRENAM,KEMKER,SCHARF BARKIN, SMOLKER BARTLET T SCHLOSSEI LOEB & FRYE,O'NEIL&MULLIS,P.A. HINDS, P.A. 101 E. Kennedy Blvd., Suite 2700 500 East Kennedy Blvd., Suite 200 Tampa,Florida 33602 Tampa, Florida 33602 (813) 223-7474 (813)223-3888 FBN: 0309133 FBN: 0008710 Counsel for Respondent McDonalds Special Counsel to the Petitioner Dated this,L„day of - , 2013. Dated this day of , 2013. Packet Page-2397- 12/10/2013 16.K.1 . E %' B If. i_�i� E / S UNPLATTED 0 30 60 SOUTHERN MANAGEMENT CORPORATION OR 1173, PG 789 / / GRAPHIC SCALE FOLIO NO. 00726640003 //J N. 1" - 60' / N.N.<, // 01 O h cr 40 .' e�p LELY RESORT PHASE 1. �N3539'04"E / Q Jp / PB 16, PG 87 ■ 15.00' // <cp S54'20'28"E - TRACT 16 41 hl 79.85' I /SUNTRUST BANK !� / OR 4384, PG 446 FOLIO NO. 55425004005 N54-20'28'W 79.85' g'' S35'39'04"W 113FEE 15.00' 1,198 SF \ POB S.W. CORNER &c., OF TRACT 16 ( 9 7 '�,�%y� EXISTING KW r+ Nt,j11 LEGEND RW = RIGHT-OF-WAY OR = OFFICIAL RECORDS BOOK PB = PLAT BOOK PG = PAGE POB B = POINT OF BEGINNING NO. = NUMBER SR STATE ROAD \ FEE SIMPLE AKA ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 113FEE INTEREST A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF TRACT 16, LELY RESORT PHASE 1, AS RECORDED IN PLAT BOOK 16, PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON THE NORTHERLY RIGHT—OF—WAY LINE OF U.S. 41; THENCE N54'20'28"W FOE 79.85 FEET ALONG SAID NORTHERLY RIGHT—OF—WAY LINE OF U.S 41; THENCE N35'39'04"E FOR 15.00 FEET ALONG THE WESTERLY BOUNDARY OF TRACT 3E, FREEDOA' SQUARE, AS RECORDED IN PLAT BOOK 22. PAGE 56 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA THENCE LEAVING SAID WESTERLY BOUNDARY 554'20'28"E FOR 79.85 FEET; THENCE S35'39'04"W FOR 15.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID TRACT 3E, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1,198 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 1 Jit/it MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DA SIGNED • NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. ..O.2812 12161 far W:12G®/\g100t1.oeOD 0641*met.,Mwefbn Ynpo ,4,bd en951 R44\9OL flar\PA t-,,,,,5h Ic Md DnnMbn\ICE-4W 8 ffi\050..1 IYILd,, PROJECT: D LEGAL.R.951/DESCRIPTION � j SKETCH AND LEGA DESCRIPTION PARCEL 113FEE: RIGHT—OF—WAY 6810 Mown Pork Ddve.Butte 200 N 94109 597.05 PREPARED FOR: COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:IBM 597-0575 5 FAX 597-0578 _ LB No.:8952 JOB NUMBER REVISION SECTION TOWNSHIP F DRAWN BY FILE NAME SHEET 090081.00.00 2 3 51S Packet Page -2398-` � L 1 we/12 R.A.K. � SKO_113FEE � 1 OF 1 - 12/10/2013 16.K.1 . N 600. j PAIN "YF L�, / nA1,4:T / E PO//Opp 7 'C PtFz //� AFF / tip,)FyF 6 ,O, ? / t 0 0 40 p0.> 00 ? AcPG f C3CALE ?s6 pO903AOdti,. / .^'6 F / 1" = 40' N / / F O ti� A � / O� o p p 3 /4, pF N35'39'32"E 4' F S !0op 10.00' ,tir q / N S54'20'28E / S�%O0 S/ !F!A }B FSO 7.83 y N3F39.04"E 5.00' • ,, R2p 8. / 16 Al A`. 2 r c F S 140T 6.,,--e s POC POB �, Oo. �0lip /717) , 76. 113TCE 4r4 / S A049ti 65054'20'28"W \ /10.00' W SR�SO0x S 65.00' EXISTING RW>. r4 • ,4, NNLEGEND 'Y 44 IQ RW = RIGHT-OF-WAY St 4444 OR OR a OFFIC L RECORDS BOOK PLAT BOOK �� PG ., PAGE 41_ 17 POB = POINT OF BEGINNING ''7�� POC = POINT OF COMMENCEMENT NO. = NUMBER SR = STATE ROAD AKA = ALSO KNOWN AS N LEGAL DESCRIPTION — PARCEL 113TCE A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF TRACT 3E, FREEDOM SQUARE, AS RECORDED IN PLAT BOOK 22, PAGE 56, OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N35'39'04"E FOR 15.00 FEET ALONG THE WESTERLY BOUNDARY OF SAID TRACT 3E; THENCE LEAVING SAID WESTERLY BOUNDARY 554'20'28"E FOR 7.83 FEET, TO THE POINT OF BEGINNING OR THE PARCEL DESCRIBED HEREIN: THENCE N35'39'32"E FOR 10.00 FEET; THENCE S54'20'28"E FOR 65.00 FEET. THENCE S35'39'32"W FOR 10.00 FEET; THENCE N54'20'28"W FOR 65.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 650 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW TEMPORARY JUN 1 5 20 CONSTRUCTION EASEMENT DURATION 3 YEARS. / ll��`/�I '113o//1/ MICHAEL A WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. ,Nn.a 20L2 14:N eNNIOS AKVai.WD.W t$ I pw3I titae•eron tnmo merth ene CM/61 nw1Jr ro 0,FN,am..i{.y+mn h s am,bew\tIX•-OAS'floc tl21.315LL 1`i.7 wp PROJECT: U.S.41/C.R.951/S.R.951 L ,......... ow, mown SKETCH AND LEGAL DESCRIPTION > PARCEL 113TCE: TEMPORARY CONSTRUCTION EASEMENT mro Moro Park Drive.Suite zoo NSpOm.Ronde 34109 PREPARED FOR: COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Plane:(2391597 nm FAX:(239)W-0579 LB No:3952 JOB NUMBER I REVISION I SECTION j TOWNSHIP 1 R: DRAWN BY I FILE NAME SHEE" 090081.00.00 2 3 51s , Packet Page--<2399-;2 ( R.A.K. SKD_113TCE I 1 CF 1