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Agenda 11/09/2010 Item #16K 1 -1\tt-At , $ 789.60 $6.828.75 $7,618.35 EXECUTIVE SUMMARYf"r'~ "'Jk; · to ~~'~f'.'Stipulated Final Judgment in the amount of 519,589.60 fer ~,':; UNbI. ...., l"TCEl"j~innuit styled Collier CoIIIIf;y v. LtImiu1bte Petit Monsiellr., dill.; , No. l~(CeIIW~"" Project No. 68056) (Fiseallmpact $7,618.35)' " O~~ 'fMt the '~ of County ConunissiQne1'Sapprove the attached StipulatedF"W '.. .,' for payment of fiJlI ~for 1he taking of p~ l04FEEl and I04TCEl in 1be."~ CollierCOIIIItyy, LomortiIti<Pi#It!lt'onsieur, et. al., Case No. 10-2681-CA (Collier Blvd ProjectNo~' '. . '" ;~'\.,. CONSIDQlAnQNS: Collier County has cOndemned a .133 acre parcel from property ~~. Petit MoIasieur..~the. expansion of Coiner Boulevard from Green Boulevard to ~.~:' The' . ...........1 valued compensation at $28,800 and in lune 2008 the '," ., .......8Ul0UDt. Prior to suit being filed a settlement was reached with the in ~$6,428. 75 for expens (appraiser and engineer) fees and costs and $400 for contingent upon the owner obtainii1g a subordinatiOll of .inteIestin the parcel for the County mortgage holder. The subordination was not obtained.~.suit was filed. The County's updated 2010 appraisal valued ~ at $18,800. The Order of TakiD&: held on October 19, 20 I 0 and $18,800.was ordered depOsited into the Regis1ry of the Coull ~ " " ." ':~:' !, settlement had been ongoing and the owner agreed to the same percentage increase m '. " ". . over the appraisal amount, with the S88lO'dOmey's fee and experts fees and costs as the~: for a global settlement amount of $26,41845. eel Stipulated Finalludgmcotis approved, the County will be responsible for the Additional Amount Owed: Attorney's fees, Experts fees'md Costs: TOTAL FISCAL IMPACT: Funds in the amount ofS7,618.35 are available in impact fees. GROWI'H MANAGEMENT IMPAct: . None. LEGAL CONSIDERATIONS: This item is legally suffiCient for Board action. RNZ ~}' RECOMMENDATION: That the Baud of County Commissioners 'authorize the S~~, ludgment as to Parcels I04FEEl and I04TCEl and authorize payment ofthe~fimds as stated. ,.... PREPARED BY: RobertN. Zachary, ~Couaty ~ IG-2681CAlIII7 . Agenda Item No. 16K1 November 9,2010 Page 2 of 7 . COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16K1 Recommendation to approve a Stipulated Final Judgment in the amount of $19,589.60 for Parcels 104FEE1 and 104TCE1 in the lawsuit styled Collier County v. Lamartine Petit Monsieur., et aI., Case No. 10-2681-CA (Collier Blvd. Project No. 68056) (Fiscal Impact $7,618.35) 11/912010 9:00:00 AM Meeting Date: Prepared By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney 10/22/2010 12:31 :52 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney 10/25f2010 2:15 PM Approved By Norm E. Feder, AICP Administrator - Transportation Date Transportation Division Transportation Administration 10/26/201010:44 AM . Approved By Najeh Ahmad Director - Transportation Engineering Date Transportation Engineering & Transportation Division Construction Management 10/26/2010 1 :35 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Division Transportation Administration 10/27/201011 :02 AM Approved By Kevin Hendricks Manager - Right of Way Date Transportation Division Transportation Engineering & 10/27/2010 11 :35 AM Construction Management Approved By Jeff Klatzkow County Attorney Date 10/28/2010 3:07 PM Approved By OMB Coordinator Date . County Manager's Office Office of Management & Budget 10/28/2010 4:01 PM Approved By Randy Greenwald Management/Budget Analyst Date Office of Management & Budget Agenda Item No. 16K1 November 9, 2010 Page 3 of 7 Office of Management & Budget 10128/20104:30 PM Approved By Michael Sheffield Assistant to the County Manager Date County Managers Office 11/21201011:51 AM . . . . . . Agenda Item No. 16K 1 November 9,2010 Page 4 of 7 IN THE CIRCUIT COURT OF TIlE 1WENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNfY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, CASE NO. 10-2681-CA v. LAMARTINE PErn MONSIEUR, et al. Respondents. Parcels: 104FEE1,104TCEl I STIPULATED FINAL JUDGMENT TIllS CAUSE having come before this Court upon Joint Motion made by Petitioner, COLLIER COUNTY, and Respondent, LAMARTINE PETIT MONSIE~ by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcels l04FEEl and l04TCEl for Project No. 68056, and it appearing to the Court tbatthe parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondent, LAMARTINE .PETIT MONSIEUR, and the Court being fully advised in the premises, it is therefore ORDERED AND ADJUDGED that Respondent, LAMARTINE PETIT MONSIEUR, have and recover from Petitioner, COLLIER COUNTY, the total sum of Nineteen Thousand Five Hundred Eighty-Nine and 60/100 Dollars ($19,589.60) for ParCels I04FEEI and I04TCE1, as full payment for the property interest taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other ~m~ges in connection with said parcel; it is further Agenda Item No. 16K1 November 9, 2010 Page 5 of 7 ORDERED AND ADmDGED that the Petitioner, COLLIER COUNTY, FLORIDA, is . entitled to a credit for the good faith estimate of value previously deposited in the amount of $18,800.00; it is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay an additional Seven Thousand Six Hundred Eighteen and 35/100 Dollars ($7,618.35), which includes Seven Hundred Eighty-Nine and 60/100 Dollars ($789.60) in additional compensation and Six Thousand Eight Hundred Twenty Eight and 75/100 Dollars ($6,828.75) for attorney's fees, expert fees and costs. No other attorney's fees or expert fees or costs shall be awarded in this case; 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 for the benefit of Respondent, LAMARTINE PETIT MONSIEUR the sum of $7,618.35 to the Trust Account of . Fowler White Boggs Banker P A Trust Account, c/o Fred Werdine, Esquire, 501 E Kennedy Blvd Ste 1700, Tampa, Florida 33602-5239 for proper disbursement in accordance with this order; it is further ORDERED AND ADJUDGED that fee simple title to Parcels 104FEEl and temporary construction easement to Parcel 1 04TCEl , being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Stipulated 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 Parcels l04FEEl and 104TCEl; it is further . 2 Agenda Item No. 16K 1 November 9, 2010 Page fj of '7 ORDERED AND ADJUDGED that the Stipulated Final Judgment is recorded in the Official Records of Collier County, Florida; it Is further ordered ORDERED AND ADJUDGED that this Court reserves jurisdiction to issue a future order on disbursement of the compensation award and conduct apportionment proceedings, if needed; It is further ORDERED AND ADJUDGED that this Order disposes of all claims arising out of the taking of Parcels 104 FEE 1 and 1 04TCE 1 and that have or could have been asserted in this cause; it is further DONE AND ORDERED at Naples, Florida on this _ day of 2010. HUGH D. HAYES CIRCUIT COURT JUDGE Confonned Copies: Robert N. ZllChary, Esquire Fred S. Werdine, Esquire Land Title Adjustment DepJUtment Mortgage Electronic Registration Systems, Inc. The Crossfire Financial Network, Inc. Christopher Parker and Janice Parker &0 Sunshine Properties LLC Jennifer Dixon-Abbott, Esquire Kevin Hendricks, Acquisition Mgr /Transp. Bookkeeping 3 Agenda Item No. 1fJK 1 November 9, 2010 Page 7 of '7 JOINT MOTION ON STIPULATED FINAL JUDGMENT Petitioner, COLLIER COUNTY, together with Respondent, LAMARTINE PETIT MONSIEUR, hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcels 104FEE1 and 104TCEI. Dated: FREDERICK S. WERDINE, ESQUIRE Florida Bar No.: 614483 Fowler White Boggs Banker P A 501 E Kennedy Blvd Ste 1700 Tampa, Florida 336025239 (813) 228-7411 Telephone (813) 229.8313 - Facsimile ATTORNEY FOR RESPONDENTS IO-2681CAl1186 Dated: ~BERT N. ZACHARY Florida Bar No. 816604 ASSISTANT COUNTY ATTORNEY Harmon Turner Building, 8th Floor 3301 East Tamiami Trail Naples, Florida 34112 (239) 774.8400 - Telephone (239) 252-6300 . Facsimile ATTORNEY FOR PETITIONER COLLIER COUNTY 4