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Agenda 05/10/2011 Item #16K4 5/10/2011 Item 16.KA. EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment in the amount of $4,200 for Parcel 145RDUE in the lawsuit styled Collier County l'. Lamartine Petit Monsieur., et aZ., Case No. 10- 2681-CA (Collier Blvd. Project No. 68056) (Fiscal Impact $700) OBJECTIVE: That the Board of County Commissioners approve the attached Stipulated Final Judgment for payment of full compensation, for the taking of Parcel I 45RDUE in the lawsuit styled Collier County v. Lamartine Petit Monsieur, el. aI., Case No. 10-2681-CA (Collier Blvd, Project No. 68056). CONSIDERATIONS: Collier County condemned a .034 Acre strip of perpetual, non-exclusive, road right-of-way, drainage and utilties easement from property owners, John and Sheila Barry, for the expansion of Collier Boulevard from Green Boulevard to Golden Gate Boulevard. The County's initial appraisal valued compensation at $6, 100 and in June 2008 the County made its statutory offer for that amount. The County's updated 20]0 appraisal showed a decline in the market and valued the compensation at $3,500, The Order of Taking hearing was held on October 19, 20 10 and $3,500 was ordered deposited into the Registry of the Court. A settlement was reached with the Barry's in the amount of $4,100. If the attached Stipulated Final Judgment is approved, the County will be responsible for paying an additional $700. The deposit of $3500 will be disbursed by the clerk directly to Mr. and Mrs. Barry. There are no attorney's fees or costs since the Barry's are Pro-Se. FISCAL IMPACT: Funds in the amount of$700 are available from impact fees. Source of funds are Impact Fees. GROWTH MANAGEMENT IMPACT: None, LEGAL CONSIDERATIONS: This item has been prepared by the County Attorney's Officc and is ready for Board action. Approval of this itcm requires a majority vote. -JW RECOMMENDATION: That the Board of County Commissioners authorizc the Stipulated Final Judgment as to Parcel l45RDUE and authorize payment of the funds as stated, PREPARED BY: JeffE. Wright, Assistant County Attorney lO,2681CA11221 Packet Page -974- 5/10/2011 Item 16.KA. COLLIER COUNTY Board of County Commissioners Item Number: 16.K.4. Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of $4,200 for Parcel 145RDUE in the lawsuit styled Collier County v. Lamartine Petit Monsieur., et aI., Case No. 10-2681-CA (Collier Boulevard Project No. 68056) (Fiscal Impact $700) Meeting Date: 5/10/2011 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 4/25/2011 3:22:07 PM Approved By Name: HendricksKevin Title: Manager - Right of Way, Transportation Engineering Date: 4/26/2011 9: 16:27 AM Name: AhmadJay Title: Director - Transportation Engineering,Transportation Engineering & Construction Management Date: 4/27/2011 10:55:16 AM Name: TaylorLisa Title: Management/Budget Analyst,Transportation Administr Date: 4/27/20114:14:36 PM Name: FederNonnan Title: Administrator - Growth Management Div,Transportati Date: 4/27/20] 1 4:33:50 PM Name: WrightJeff Title: Assistant County Attorney,Coumy Attorney Date: 4/27/2011 4:56:50 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/28/2011 11:58:26 AM Packet Page -975- 5/10/2011 Item 16.K.4. Name: UsherSusan Title: ManagementIBudget Analyst, Senior,Office of Manage Date: 5/2/2011 4:22:26 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 5/2/2011 5:45: I 0 PM Packet Page -976- 5/10/2011 Item 16.KA. 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. 10-2681-CA v. Parcels: 145RDUE LAMARTINE PETIT MONSIEUR, et al. Respondents. I STIPULATED FINAL JUDGMENT THIS CAUSE having come before this Court upon Joint Motion made by Petitioner, COLLIER COUNTY, and Respondents, JOHN BARRY and SHEILA BARRY, for entry of a Stipulated Final Judgment as to Parcel l45RDUE for Project No. 68056, 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 is the full compensation due the Respondents, JOHN BARRY and SHEILA BARRY, and the Court being fully advised in the premises, it is therefore ORDERED AND ADJUDGED that Respondents, JOHN BARRY and SHEILA BARRY, have and recover from Petitioner, COLLIER COUNTY, the total sum of Four Thousand Two Hundred and 00/1 00 Dollars ($4,200) for Parcel l45RDUE, as full payment for the property interest taken and for dan1ages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said parcel; it is further ORDERED AND ADJUDGED that the Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good faith estimate of value previously deposited in the amount of $3,500; it is further Packet Page -977- 5/10/2011 Item 16.KA. ORDERED AND ADJUDGED that the Clerk immediately disburse the $3,500 currently in the Court Registry directly to Respondents, JOHN BARRY and SHEILA BARRY, and mail it to them at 4160 7'h Avenue SW, Naples, Florida 34119; it is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay an additional Seven Hundred and 00/100 Dollars ($700) in additional compensation and no other monies shall be paid in this matter; it is further ORDERED AND ADJUDGED that without further order of the Court, that within thirty (30) days hereof, Petitioner, COLLIER COUNTY, FLORIDA, shall pay and immediately disburse the sum of $700 to Respondents, JOHN BARRY and SHEILA BARRY, and mail it to them at 4160 7th Avenue SW, Naples, Florida 34119; it is further ORDERED AND ADJUDGED that Parcel l45RDUE, Perpetual, Non-Exclusive Road Right-of-Way, Drainage and Utility Easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pnrsuant to the Order of Taking dated October 19, 2010, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Records Book 4559 Page 1158 of the Public Records of Collier County, Florida be dismissed as to Parcel 145RDUE; it is further ORDERED AND ADJUDGED that the Stipulated Final Judgment is recorded in the Official Records of Collier County. Florida; it is further ordered 2 Packet Page -978- 5/10/2011 Item 16.KA. ORDERED AND ADJUDGED that this Order disposes of all claims arising out of the taking of Parcd I 45RDUE and that have or could have been asserted in this cause. DONE AND ORDERED at Naples, Florida on this _ day of 2011. HUGH D. HAYES CIRCUIT COURT JUDGE Confonned Copies: Jeff E. Wright, Esquire John & Sheila Barry Kevin Hendricks, Acquisition MgrJTransp. Bookkeeping JOINT MOTION ON STIPULATED FINAL JUDGMENT Petitioner, COLLIER COUNTY, together with Respondents, JOHN and SHEILA BARRY, hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcel 145RDUE. Dated: Dated: JOHN BARRY JEFF E. WRIGHT, ESQUIRE Florida Bar No. 20203 ASSISTANT COUNTY ATTORNEY Harmon Turner Building 3299 East Tamiami Trail, Sle. 800 Naples, Florida 34112 (239) 774-8400 - Telephone (239) 252-6300 - Facsimile ATTORNEY FOR PETITIONER COLLIER COUNTY SHEILA BARRY 4160 7th Avenue SW Naples, Florida 34119 RESPONDENTS 3 Packet Page -979- 5/10/2011 Item 16.KA. , , I 1 I j .- f N I w+" I I J 5 ", t) '.11 _'0 souni UN(. I - -+;t StCltO" \'tJ McrtTH ~l IVoNGt ~e u.;t ,.QWNStllP 4; SOVlH. J-L . , I r . - I I I I f f f I t I J j-L _ _ _ _ ) - -;;+,~ +---, 1l'RACT P5 QOUlEN 1l.I.1E mATES UNIT 26 PlAT JIOOl( 7 PAOt \. CI1RIITlAHIEN JA TR O~OA T" 'fMas.r PlftUSt OR '''7'''/'~49 r- i I!: !lli=~~ Iii! Ii:" -II Ii~ !ll ! ~ilA ~~ ~ ~ l' II f e; !l TRACT 'O~ 2" PROPOSED !tOADWAY CASEWEM' PARCEL 116RDUE I.-SQ, n. 1 t --..,.- ..- ...., T - , Pili/: lllDat RO, OR . orncw.. lI'iCORDS (aoolC/p~ ~ F'RO!I'QSCD RwDWII."t. OIlNNA(;( NiO l,lTlU'h' tut:WCNT (l{bUr) i7"T1 txl$'I'WO ltIqm or WAY OEO~'TtD TO THE PtRPt'ttIAl. 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