Agenda 10/27/2009 Item #16K 5Agenda Item No. 16K5
October 27, 2009
EXECUTIVE SUMMARY Page 1 of 17
Recommendation that the Board of County Commissioners Approve the Proposed Joint
Motion for Agreed Order Taxing Attorney's Fees and Costs for Parcels 737R, 937R, 738R,
838, 938R, 746R, and 946R in the condemnation action styled Collier County v. Chris A.
Stoneburner and Joseph D. Bonness III, as Trustees of the Willow Run Land Trust, et aL, Case
No. 05- 1036 -CA, South County Regional Water Treatment Plant ( "SCRWTP ") 20 MGD
Wellfield Expansion Project #70892 (Fiscal Impact: $45,000).
OBJECTIVE: That the Board of County Commissioners approve the proposed Joint Motion for
the entry of an Agreed Order awarding attorney's fees and costs in the amount of $45,000 to
conclude the County's case involving Parcels 737R, 937R, 738R, 838, 938R, 746R, and 946R in the
condemnation action styled Collier County v. Chris A. Stoneburner and Joseph D. Bonness III, as
Trustees of the Willow Run Land Trust, et al., Case No. 05- 1036 -CA.
CONSIDERATIONS: On January 11, 2005, Agenda Item 101), the Board of County
Commissioners adopted the condemnation resolution for the SCRWTP Project #70892, for the
property right acquisitions required for the project. At the public hearing, the Board directed staff to
work with the affected property owners to resolve concerns that were raised by the owners. The
project was included in the 2005 Water Master Plan Update (Table 8 -2, page 1 line 18) and required
the acquisition of lands along the wellfield route to accommodate the wells and necessary
temporary construction easements. The County acquired the subject property (Parcels 737R, 937R,
738R, 838, 938R, 746R, and 946R) by entry of an Order of Taking on October 18, 2005 and
subsequently depositing $62,800 into the registry of the Court.
As the Board directed, staff had numerous discussions and meetings with the affected property
owners. Regarding the aforementioned parcels, the owner's attorney noticed the County that there
were issues with the original design of the project. Specifically, that the proposed location of the
well sites on the owner's property would result in significant damages to the owner's project, and
would also be impacted by blasting activities on the site. In addition, several of the proposed well
sites on the subject property would be affected by existing Florida Department of Environmental
Protection Environmental Resource Permit restrictions. These issues which were raised by the
property owners' attorney were addressed in a subsequent redesign of the project, resulting in the
relocation of the wellsites and pipeline on the subject property. Some of the wells were moved off
site.
On July 26, 2006, the Court entered a Stipulated Final Judgment for the taking of these Parcels.
The property owner settled the case for the amount of the deposit, $62,800, because the County
redesigned the project and relocated most of the wells on the owner's property to more acceptable
locations.
The owner's attorney has a claim for attorney's fees based on a non - monetary benefit, being the
relocation of the pipeline and wells. The owner's attorney has agreed to settle the fees for his time
of 150 hours at the rate of $300 per hour for a total of $45,000. The County Attorney's office
recommends settling the attorney's fees for $45,000. The County's exposure for attorney's fees
well exceeds this amount. If the non- monetary fee is litigated, the County is also required to pay for
�-- expert fees for experts that would value the relocation of the wells for owner and the County. If the
attorney's fees are not settled, then the fees would be paid based on a benefit formula under Section
73.092, Florida Statutes.
Attached is the proposed Joint Motion for Agreed Order.
Executive Summary
Page Two
Agenda Item No. 16K5
October 27, 2009
Page 2 of 17
FISCAL IMPACT: Funds in the amount of $45,000 are available from Public Utilities Project No.
70892.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. (HFAC)
RECOMMENDATION: That the Board of County Commissioners approve the Joint Motion for
Agreed Order for Attorney's Fees and Costs and authorize the expenditure of funds as stated.
PREPARED BY: Heidi Ashton - Cicko, Assistant County Attorney, Land Use Section Chief
05- 1036- CA/917
V
Page 1 of 2
Agenda Item No. 16K5
October 27, 2009
Page 3 of 17
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16K5
Item Summary: Recommendation that the Board of County Commissioners Approve the Proposed Joint
Motion for Agreed Order Taxing Attorneys Fees and Costs for Parcels 737R, 937R, 738R,
838: 938R, 746R, and 946R in the condemnation action styled Collier County v. Chris A.
Stoneburner and Joseph D. Bonness III, as Trustees of the Willow Run Land Trust, et al.,
Case No. 05- 1036 -CA, South County Regional Water Treatment Plant (SCRWTP) 20 MGD
Wellfield Expansion Project #70892 (Fiscal Impact: $45,000).
Meeting Date: 10/27/2009 9:00:00 AM
Prepared By
Assistant County Attorney
Date
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
1011412009 12:51:27 PM
Approved By
Management Department
10l14/20Q9 3:06 PM
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/14/2009 1:49 PM
Approved By
Assistant County Attorney
Date
Phil E. Gramatges, P.E.
Sr. Project Manager
Date
Approved By
Public Utilities Planning and Project
Approved By
Public Utilities
Management Department
10l14/20Q9 3:06 PM
Approved By
Public Utilities Administration
10/15/2009 8:10 AM
Bala Sridhar
Senior Management/Budget Analyst
Date
Public Utilities
Public Utilities Operations
10114/2009 4:17 PM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
10114/2009 4:27 PM
Approved By
Management Department 1011512009 9:22 AM
Approved By
James W. DeLony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
10/15/2009 8:10 AM
Approved By
Ronald F. Dillard, P.E.
Senior Project Manager Date
Public Utilities Planning and Project
Public Utilities
Management Department 1011512009 9:22 AM
Approved By
Toni A. Mott
Real Property Supervisor Date
Administrative Services
Facilities Management 10115/2009 11:32 AM
Approved By
file: / /C:\AgendaTest \Export\137- October 27, 2009 \16. CONSENT AGENDA \16K. COUN... 10/21/2009
Jeff Klatzkow County Attorney
County Attorney County Attorney Office
Page 2 of 2
Agenda Item No. 16K5
October 27, 2009
Page 4 of 17
Date
1011612009 4:05 PM
Approved By
Susan Usher Senior Management /Budget Analyst Date
County Manager's Office Office of Management & Budget 1011612009 7:27 PM
Approved By
John A. Yonkosky Director of the Office of Management Date
County Manager's Office Office of Management & Budget 10/1912009 9:04 AM
file: / /C: \AgendaTest \Export\] 37- October 27,2009\1 6. CONSENT AGENDA \16K. COUN... 10/21/2009
Agenda Item No. 161<5
October 27, 2009
Page 5 of 17
ashton_h
From: Law Office of Brian P Patchen [patchlaw @brianpatchen.com]
Sent: Friday, September 18, 2009 5:25 PM
To: ashton_h
Subject: RE: 05- 1036 -CA ED /CC v. Stoneburner, et al. (Willow Run Land Trust):
Dear Heidi:
I have reviewed my files in this case with regard to my attorney's fees, and I offer the following:
This case involved the location of several water wells and 4 appurtenant pipelines, access easements and
construction easements. The property consisted of a large area of land with a rock - mining pit and the resulting
lakes. The rock- mining pit requires blasting to mine the rock and the lakes provided water front lots on the
surrounding land when the property would be mind out. At the time I was hired, there was a proposed sale to a
developer for $50 million.
The location of the wells would have prevented blasting and would have interfered with the future plans
regarding the water front lots. My clients and my experts estimated the damages at $10 million.
We negotiated with the county over several months and the result was that most of the wells were eliminated or
moved thereby eliminating most damages. As a result, my clients agreed to accept the offer for the reduced
taking and the case settled.
I have spent between 150 and 175 hours on the case and my hourly rate is $400 per hour. I hope the foregoing
can help us to resolve my fee.
Please contact me if you have any questions.
Brian P. Patchen
Law Office of Brian P. Patchen
1000 Brickell Avenue, Suite 1112
Miami, FL 33131
Telephone 305 -372 -1112
Facsimile 305 - 372 -3691
Email tatch law 0brianpatchen.com
The information contained in this transmission is attorney privileged and confidential. it is intended only for the
use of the individual or entity named above. If the reader of this message is not the intended recipient, you are
hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you
have received this communication in error, please notify us immediately by telephone (305) 372 -1112 and return
the original message. Although this e-mail and any attachments are believed to be free of any virus or other
defect that might affect any computer system into which it is received and opened, it is the responsibility of the
recipient to insure that it is virus free and no responsibility Is accepted by the Law Office of Brian P. Patchen for
damage arising in any way from its use. Thank you.
Agenda Item No. 16K5
October 27, 2009
Page 6 of 17
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, as the
Governing Body of Collier County and as Ex-
Officio Governing Board of the Collier County
Water -Sewer District,
Petitioner,
V.
Case No. 05- 1036 -CA
CHRIS A. STONEBURNER and JOSEPH D. Parcel(s): 737R, 937R, 738R, 838,
BONNESS III, as Trustees of the WILLOW 938R, 746R, 946R
RUN LAND TRUST, et al.,,
Respondents.
AGREED ORDER AWARDING ATTORNEY'S FEES AND COSTS
THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner,
the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO GOVERNING
BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT (hereinafter "COLLIER
COUNTY "), by and through the undersigned counsel, and Respondents, CHRIS A.
STONEBURNER, JOSEPH D. BONNESS, III, AS TRUSTEES OF THE WILLOW RUN
LAND TRUST, by and through their undersigned counsel, for entry of an Agreed Order
Awarding Attorney's Fees and Costs, and the Court, being fully advised in the premises, it is
hereby
1
W
Agenda Item No. 16K5
October 27, 2009
Page 7 of 17
ORDERED AND ADJUDGED that Respondents, CHRIS A. STONEBURNER,
JOSEPH D. BONNESS, III, AS TRUSTEES OF THE WILLOW RUN LAND TRUST, receive
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Forty -Five Thousand and
No /100 Dollars ($45,000) for all attorney's fees and costs with respect to Parcels 7378, 937R,
738R, 838, 9388, 746R, and 9468, and no other attorney's fees or costs shall be awarded in this
case; and it is further
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, shall, within thirty
(30) days from the date of this Order, pay the sum of $45,000 to Brian P. Patchen, Esquire, LAW
OFFICE OF BRIAN P. PATCHEN, P.A., 1000 Brickell Avenue, Suite 1112, Miami, FL 33131-
3014,
DONE AND ORDERED in Naples, Collier County, Florida, this day of
2009.
Conformed copies to:
Robert N. Zachary, Esquire
Mr. Brian R. Brattebo, Esquire
Mr. John W. Little, III
Brian P. Patchen, Esquire
Albert L. Degaetano
Bank of America Legal Department
Matthew T. Beebe
2
HUGH D. HAYES
Circuit Court Judge
Agenda Item No. 16K5
October 27, 2009
Page 8 of 17
JOINT MOTION
The Parties, by and through their undersigned attorneys, hereby move for entry of the
foregoing Agreed Order Awarding Attorney's Fees and Costs for Parcels 737R, 937R, 738R,
838, 938R, 746R, and 946R.
Dated:
Brian P. Patc16n, Esquire
Florida Bar No.: 157545
1000 Brickell Avenue
Suite 1112
Miami, FL 33131 -3014
(305) 372 -1112- Phone
(305) 372 -3691- Facsimile
ATTORNEY FOR RESPONDENTS:
CHRIS A. STONEBURNER, JOSEPH D.
BONNESS, III, AS TRUSTEES OF THE
WILLOW RUN LAND TRUST
05- 1036•CAl911
3
Dated:
Robert N. Zachary
Assistant County Attorney
Florida Bar No.: 816604
3301 East Tamiami Trail, 8th Floor
Naples, Florida 34112
(239) 252 -8400 — Phone
(239) 252 -6300 — Facsimile
ATTORNEY FOR PETITIONER
COLLIER COUNTY
'�N(.
Agenda Item No. 16K5
October 27, 2009
Page 9 of 17
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
U.S. Mail to the parties listed below on this day of , 2009.
Chris A. Stonebumer,
Joseph D. Bonness, III, as Trustees of
The Willow.Run Land Trust
c/o Brian P. Patchen, Esq.
EARLE & PATCHEN, P.A.
1000 Brickell Avenue, Suite 1112
Miami, FL 33131 -3014
Bank of America Legal Department
NCI-002-29-01
101 South Tyron St.
Charlotte, NC 28255
Rinker Materials Corporation
c/o John W. Little, III, Esq.
Brigham Moore, LLP
250 South Australian Avenue, Suite 1601
West Palm Beach, FL 33401
Southern Sand And Stone, Inc.
c/o Brian P. Patchen, Esq.
EARLE & PATCHEN, P.A.
1000 Brickell Avenue, Suite 1112
Miami, FL 33131 -3014
Better Roads, Inc.
c/o Brian P. Patchen, Esq.
EARLE & PATCHEN, P.A.
1000 Brickell Avenue, Suite 1112
Miami, FL 33131 -3014
4
ROBERT N. ZACHARY
Assistant County Attorney
Southern Sanitation, Inc.
c/o Matthew T. Beebe, its R.A.
310 5`h Street NW
Naples, FL 34120
Naples Area Triathletes, Inc.
c/o Brian P. Patchen, Esq.
EARLE & PATCHEN, P.A.
1000 Brickell Avenue, Suite 1112
Miami, FL 33131 -3014
Joseph Bonness, individually and as
owner of Naples Area Triathletes, Inc.
c/o Brian P. Patchen, Esq.
1000 Brickell Avenue, Suite 1112
Miami, FL 33131 -3014
Blue Star West, Corp.
c/o Albert L. Degaetano, its R.A.
11087 Longshore Way West
Naples, FL 34119
Florida Power & Light Company
c/o Brian R. Brattebo, Esq.
9250 West Flagler Street
Miami, FL 33174
(As to Parcels 738R & 938R ONLY)
• Agenda Item No. 16K5
October 27, 2009
• • Page 10 of 17
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION 3985230 OR; 4195 PG; 1774
BOARD OF COUNTY CONNIISSIONERS OF RECORDED in OFFICIAL RECORDS Of COLLIER COUNTY, IL
COLLIER COUNTY, FLORIDA, as the 03/12/2007 at 08:19AM DWIGHT E. BROCK, CLERK
Governing Body of Collier County and as Ex- RIC FII 35.50
Officio Governing Board of the Collier County Retn:
Water -Sewer District, CIVIL
Petitioner,
V. Case No. 05- 1036 -CA
CHRIS A. STONEBURNER and JOSEPH D. Parcels: 737R, 937R, 7388, 838, N
BONNESS III, as Trustees of the WILLOW 938R, 746R, 946R
RUN LAND TRUST, et al.,
Respondents. -
`JZE R Cpl }
AGREED O R ING EXPER E AND COST. -
THIS CAUSE, havin c o mo ion of the parties, Petitioner,
BOARD OF COUNTY C S S Co L IER Y, FLORIDA, as the
r ti
Governing Body of Collier and as Ex -Offic o e �' ~ Board of the Collier County
Water -Sewer District (hereinaft ioner "), and Re a ts, CHRIS A. STONEBURNER
and JOSEPH D. BONNESS III, as Tru
£tle Run Land Trust; SOUTHERN SAND
AND STONE, INC.; BETTER ROADS, INC.; and NAPLES AREA TRIATHLETES, INC.
(hereinafter "Respondents "), by and through their undersigned counsel, for entry of an Agreed
Order Awarding Expert Fees and Costs, and the Court, being fully advised in the premises, it is
hereby
ORDERED AND ADJUDGED that Respondents, CHRIS A. STONEBURNER and
JOSEPH D. BONNESS III, as Trustees of the Willow Run Land Trust; SOUTHERN SAND
AND STONE, INC.; BETTER ROADS, INC.; and NAPLES AREA TRIATHLETES, INC.,
receive from Petitioner the total sum of Thirty -Seven Thousand Eight Hundred Seventy -Nine
and 29/100 Dollars ($37,879.29), for services provided by Klusza & Goding, Inc., W. Anthony
r �
Agenda Item No. 16K5
October 27, 2009
Page 11 of 17
Wiles, Nowlen Holt & Miner, P.A., Carroll & Carroll, Inc., JMD Engineering, Inc., Gerald M.
Ward, P.E., Hartman Consulting & Design, and for legal costs to the Law Office of Brian P.
Patchen, P.A., which total sum includes all expert fees and defense costs recoverable by
Respondents in this cause with respect to Parcels 737R, 937R, 738R, 838, 938R, 746R and
946R, excepting attorney's fees; it is further
ORDERED that the Court reserves jurisdiction to award attorney's fees as to Parcels
737R, 937R, 738R, 838, 938R, 746R and 946R, in accordance with §73.092, Fla. Stat.; it is
further
ORDERED AND ADJUDGED that Petitioner shall, within thirty (30) days from the date
of this Order, pay the sum of Thin R'i Eight Hundred Seventy -Nine and
29/100 Dollars ($37,879.29), OFFICE OF P. PATCHEN, P.A. TRUST
ACCOUNT, c/o Brian P. P tch n, 're, ickell ve ue, Suite 1112, Miami, FL
33131 -3014, for proper di sb rse e t o exe i s c s
DONE AND ORD k `'1 Nape to r unt onda, this day of
C� o
2007.
.p.
wrence D. Martin
Circuit Court Judge
onformed copies to:
Ilen T. Chadwell, Esquire
Inan P. Patchen, Esquire
rian R. Brattebo, Esquire
I l
hn W. Little, III, Esquire
nk of America Legal Department
ue Star West, Corp.
uthern Sanitation, Inc.
ni Mott, Property Acquisition Manager, Real Estate Services
3-
IF
JOINT MOTION
Agenda Item No. 16K5
October 27, 2009
. Page 12 of 17
The Parties, by and through their undersigned attorneys, hereby move for entry of the
foregoing Agreed Order Awarding Expert Fees and Costs, and as grounds therefore state as
follows:
1. Respondents filed a Motion to Tax Attorney Fees, Expert Fees, Costs and a
Memorandum of Costs.
2. Based on the invoices and receipts contained therein and representation by counsel for
Respondents that these invoices reflect work that was necessary for the defense of this cause, the
parties have negotiated the costs as to these experts.
WHEREUPON, the undersigne tf �r est entry of the foregoing Agreed
Order. �0
Brian P. Padche-n,L8s*re
law Office of Brian P. Patchen,
Florida Bar No.: 157545
1000 Brickell Ave., Suite 1112
Miami, FL 33131 -3014
(305) 372-1112- Phone
(305) 372 -3691- Facsimile
ATTORNEY FOR RESPONDENTS
107
EIlen
Florida Bad 3860
3301 . Trail, 8`' Floor
34112
4-8400 — Phone
(239) 774 -0225 — Facsimile
ATTORNEY FOR PETITIONER
CERTIFICATION OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
U.S. Mail to the parties Iisted on the attached Service List on this 4 X�,4�1 day of
2007. Q�
OS -! 03b-CA/8<3 ELLEN T. CHADWELL, ESQ,
0
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c.s-.
b
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Agenda Item No. 16K5
October 27, 2009
Page 13 of 17
SERVICE LIST
BOARD OF COUNTY COMMISSIONERS v. WILLOW RUN LAND TRUST, ET AL.
PARCELS 737R, 937R, 738R, 838.938R, 746R.
946R
Chris A. Stoneburner,
Joseph D. Bonness, III, as Trustees of the
Willow Run Land Trust
c/o Brian P. Patchen, Esq.
EARLE & PATCHEN, P.A.
1000 Brickell Avenue, Suite 1112
Miami, FL 33131 -3014
Bank of America Legal Department
NC 1- 002 -29 -01
101 South Tyron St.
Charlotte, NC 28255
Rinker Materials Corporation
c/o John W. Little, III, Esq.
Brigham Moore, LLP
250 South Australian Avenue, Suite
West Palm Beach, FL 33401
Southern Sand And Stone, Inc.
c/o Brian P. Patchen, Esq.
EARLE & PATCHEN, P.A.
1000 Brickell Avenue, Suite 1112
Miami, FL 33131 -3014
Better Roads, Inc.
c/o Brian P. Patchen, Esq.
EARLE & PATCHEN, P.A.
1000 Brickell Avenue, Suite 1112
Miami, FL 33131 -3014
Southern Sanitation, Inc.
c/o Matthew T. Beebe, its R.A.
310 5`f' Street NW
Naples, FL 34120
Naples Area Triathletes, Inc.
c/o Brian P. Patchen, Esq.
EARLE & PATCHEN, P.A.
1000 Brickell Avenue, Suite 1112
Miami, FL 33I31 -3014
Blue Star West, Corp.
c/o Albert L. Degaetano, its R.A.
11087 Longshore Way West
Naples, FL 34119
Florida Power & Light Company
c/o Brian R. Brattebo, Esq.
R C est Flagler Street
33174
(As to + s 738R & 938R ONLY)
CCU "i_
��oFrNE CTRC�l�GO
0
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Agenda Item No. 16K5
October 27, 2009
• Page 14 of 17
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL, ACTION
BOARD OF COUNTY CMMSSIONERS OF
COLLIER COUNTY, FLORIDA, as the Governing
Body of Collier County and as Ex- Officio Governing
Board of the Collier County Water -Sewer District,
Petitioner,
V.
CHRIS A. STONEBURNER and JOSEPH D.
BONNESS III, as Trustees of the WILLOW
RUN LAND TRUST, et al.,
Case No. 05- 1036 -CA
Parcel Nos.: 737R, 9378, 738R, 835,
9388 746R, 94M
R - .,
Respondents. F'P, co -
a c ''
CID �, rr i
o S F1VAL DG
N 3 THIS CAUSE, ha ' g t m Lion by Petitioner, Bgf'pRA
0 0..
OF COUNTY CO?^ffSSI CO Y ORIDA, as the Governing
Mae o .;
a o Body of Collier County and fficio Governin Collier County Water -Sewer
o ,
N o .:; District, and Respondents, TONEB JOSEPH D. BONNESS III, as
Co b o Trustees of the Willow Run Land T l C SAND AND STONE, INC.; BETTER
o
r �
o ; ROADS, INC.; JOSEPH BONNESS, individually and as owner of NAPLES AREA
u �
s
TRIATHLETES, INC.; and NAPLES AREA TRIATHLETES, INC., by and through their
undersigned counsel, for entry of a Stipulated Final Judgment as to Parcels 737R, 937R, 738R,
838, 9388, 746R and 946R, the parties having waived trial by jury, it appearing to the Court that
the parties were authorized to enter into such a motion, and the Court being otherwise fully
s advised in the premises, it is therefore
•�iG V
ORDERED that Respondents, CHRIS A. STONEBURNER and JOSEPH D. BONNESS
III, as Tnrstees of the Willow Run Land Trust; SOUTHERN SAND AND STONE, INC.; BETTER
V
Agenda Item No. 16K5
October 27, 2009
Page 15 of 17
ROADS, INC.; JOSEPH BONNESS, individually and as owner of NAPLES AREA
TRIATIII.ETES, INC.; and NAPLES AREA TRIATHLETES, INC., have and recover from the
Petitioner the total sum of SIXTY TWO THOUSAND EIGHT HUNDRED and No/100
DOLLARS (S62,800A0) in full payment for Petitioner's acquisition of the above referenced
parcels in the above styled cause, including all damages to remainder, business damages, special
damages and interest, but exclusive of Respondents' attorney's fees, expert fees, and costs; it is
further
ORDERED that the Clerk of this Court shall disburse the total amount of SIXTY TWO
THOUSAND EIGHT HUNDRED and No/ LARS (562,800.00) to Law Office of Brian
DER CULT
P. Patchen, P.A. Trust Account, Patc a 000 Brickell Avenue, Suite 1112,
Miami, FL 33131 -3014, for n d Res n nts; it is further
ORDERED that dis is is subject to the claims of
the mortgagees, if any; it is
ORDERED that the of Taking and S ' of Taking dated October 18,
2005 by which the Petitioner acq l" party de Exhibit A (attached) arc hereby
ratified and affirmed; it is further
CIR�.
ORDERED that the Court reserves jurisdiction to apportion the award upon notice and
hearing and to award attorney's fees, costs and experts' fees incurred by the aforenamed
Respondents in the defense of this proceeding, as well as attorney's fees and costs in connection
with any supplemental proceedings in this matter, and to enforce the provisions hereof, it is further
ORDERED that the Notice of Lis Pendens filed in the above - styled cause and recorded in
Official Record Book 3826, Page 2976 of the Public Records of Collier County, Florida be
dismissed as to all parcels; it is further
0
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N
DIv
r.a
4:"
C7%
Agenda Item No. 16K5
October 27, 2009
Page 16 of 17
ORDERED that pursuant to Section 74.051(3), F.S., the Clerk of Courts shall disburse the
interest earned on the funds on deposit in the amount of $-4Q 7j to Collier County Board of
County Commissioners, c/o Ellen T. Chadwell, Assistant County Attorney, Office of the County
Attorney, 3301 East Tamiami Trail, Naples, FL 34112; it is further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of
Collier County, Florida; it is therefore
DONE and ORDERED in Chambers at Naples, Collier County, Florida, this ,& day
of 2006.
reformed copies to:
rian P. Patchen, Esq.
lien T. Chadwell, Esq.
an R. Brattebo, Esq.
J W. Little III, Esq.
lue Star West, Corp.
of America Legal Dept
Southern Sanitation, Inc.
r BKXg
-7bl /o
7CM0ar
..a
0
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ry
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Agenda Item No. 16K5
• October 27, of 17
Page 17 of 17
JOINT MOTION
The parties, by and through their undersigned counsel, move for entry of the foregoing
Stipulated Final Judgment.
Florida Bar No.: 157545
Law Office of Brian P. Patchen, P.A.
1000 Brickell Avenue, Suite 1112
Miami, FL 33131 -3014 a.
(305) 372 -1112 - Phone 01 � Z
(305) 372 -3691 - Facsimile G
ATTORNEY FOR RESPO
co
Dated: 3 ! t j /010
ELLEN T. CHADWELL
Assistant County Attorney
Florida Bar No.: 983860
0 i East Tamiami Trail, e Floor
g� orida 34112
�0 — Phone
(239) 7 — Facsimile
AT'1O F PETITIONER
a/
ECATE OF
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4 E CA
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
U. S. Mail to the parties listed on the attached Service List on this day of 2006.
ELLEN T. CHADWELL, ESQ.
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