Agenda 11/18/2008 Item #16K 2
Aqenda Item No. 16K2
- November 18, 2008
Page 1 of 7
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EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $1,800.00 for
Parcel 150RDUE in the lawsuit styled Collier County v. Allen W. Barnes, as Personal
Representative of and Sole Heir to the Estate of Hilda M. Barnes, et al., Case No. 07-2864-CA
(Oil Well Road Project No. 60044) (No Fiscal Impact).
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for
payment of full compensation, for the taking of Parcel 150RDUE in the lawsuit styled Collier
County v. Allen W. Barnes, as Personal Representative of and Sole Heir to the Estate of Hilda M.
Barnes, et. al., Case No. 07-2864-CA (Oil Well Road Project No. 60044).
CONSIDERATIONS: Collier County has condemned a .052 acre parcel for perpetual, non-
exclusive road right-of-way, drainage and utility easement (Parcel 150RDUE) from property owner
Elma J. Johnson Estate. The County's initial appraisal dated February 9, 2007, valued the taking at
$3,900.00. The County offered the owner $5,150.00 as the County's statutory offer on July 2, 2007,
based on the initial appraisal of $3,900.00 plus a settlement incentive of $1,250.00. An updated
appraisal, dated November 2, 2007, shows a declining market value of $1,800.00 for the taking. An
Order of Taking hearing was held on January 4, 2008, and the County deposited the sum of
$1,800.00 in the Court Registry.
Staffrecommends settlement in the amount of $1,800.00. See attached Stipulated Final Jud!,'111ent.
If approved, the County will be responsible only for the sum of $ ] ,800.00 that has already been
placed in the Court Registry.
FISCAL IMPACT: There is no fiscal impact associated with this item.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this item.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ
RECOMMENDATION: That the Board of County Commissioners approve the Stipulated
Final Judgment as to Parcel150RDUE and authorize payment of the funds as stated.
PREPARED BY: Robert N. Zachary, Assistant County Attorney
CP:07-2864-C A;212
Page lof2
Agenda Item No. 16K2
November 18, 2008
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K2
Meeting Date:
Recommendation to approve a Stipulated Final Judgment in the amount of $1 ,800.00 for
Parcel 150RDUE in the lawsuit styled Collier County v. Allen W. Barnes_ as Personal
Representative of and Sole Heir to the Estate of Hilda M Barnes. et aI., Case No. 07 ~2864-
CA. (Oil Well Road Project No. 60044)
11/18/2008 90000 AM
Prepared By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/30/20083:38:10 PM
Approved By
Lisa Taylor
ManagemenUBudget Analyst
Date
Transportation Services
Transportation Administration
10/30/2008 3:42 PM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/30/20084:07 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
10/31/20083:54 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
11/31200812:49 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TEeM-ROW
11/5/20088:58 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
11/5/20089:48 AM
Approved By
OMB Coordinator
Appli;:;ations Anaiyst
Date
Administrative Services
Information T echnoJogy
11/51200611 :03 AM
Approved By
John A. Yonkosky
D:~ccto~ of the omcc of Marwgcmcnt
Dine
County Manager's Office
Office of Management & Budget
11/5120082,39 PM
file://C:\Af!endaTest\Exnort\ 116-Novemoer%20 18_%202008\ 16.%20CONSENT%20AGE... 11/12/2008
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Agenda Item No. 16K2
November 18, 2008
Page 3 of 7
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
11/5/20088:10 PM
file://C:\Al!endaTcst\ExDort\l 16-November%20 18.%202008\ 16.%20CONSENT%20AGE.,. 11112/2008
.I\qenda Item No. 16K2
- November 18, 2008
Page 4 of7
N 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. 07-2864-CA
v.
ALLEN W. BARNES, AS PERONAL
REPRESENTATIVE OF AND SOLE HEIR TO
THE ESTATE OF HILDA M. BARNES, et aI.,
Parcel: l50RDUE
Respondents.
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STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent,
ESTATE OF ELMA 1. JOHNSON, and through its undersigned counsel, for entry of a Stipulated
Final Judgment as to ParceI150RDUE, 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 Respondent, ESTATE OF ELMA 1. JOHNSON, and the Court being
otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADmDGED that Respondent, ESTATE OF ELMA L JOHNSON, have
and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Thousand
Eight Hundred and NollOO Dollars ($1,800.00) for Parcel 150RDUE, 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 damages in connection with said parcel; it is further
Agenda Item No. 16K2
November 18. 2008
Page 5 of 7
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA. is
entitled to a credit for the good faith estimate of value previously deposited in the amount of
$1,800.00; it is further
ORDERED AND ADJUDGED that without further order of this court, the Clerk shall pay,
within thirty (30) days hereof, the total amount of $1,800 to Respondent, ESTATE OF ELMA I.
JOHNSON. c/o Eleanor Boyd, payment to be delivered to 1033 Villa Place, Girard, Ohio 44420-
2084; it is further
ORDERED AND ADJUDGED that Parcel 150RDUE for 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 pursuant to the Order of Taking dated January
4, 2008, 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 Record Book 4273, Page 4101 of the Public Records of Collier
County, Florida be dismissed as to Parcel 150RDUE; it is further
ORDERED AND ADJUDGED 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 $27.01 made
payable to the Board of County Commissioners, c/o the Office of the County Attorney, 3301
Tarniami Trail, Naples, East, Florida 34112; it is further
ORDERED AND ADJUDGED that this Stipulated Final Judgment is to be recorded in the
Official Records of Collier County, Florida; it is further
ORDERED AND ADJUDGED that this Order disposes of all claims arising out of the
taking of Parcel] 50RDUE and that have or could have been asserted in this cause: it is further
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Agenda Item No. 16K2
November 18, 2008
Page 6 of 7
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _ day of
,2008.
CYNTHIA A. ELLIS
CIRCUIT COURT JUDGE
conformed copies to:
Ellen T. Chadwell, Esquire
Eleanor Boyd
E. Glenn Tucker, Esquire
Kevin Hendricks, Acquisition Mgr.rrransp.
Accounting
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, ESTATE OF
ELMA I. JOHNSON, hereby respectfully move for entry of the foregoing Stipulated Final
Judgment as to Parcel 150RDUE.
Dated: (!Jet. .:2.J. j ;r DC 'J
Datcd:
10 - z.. cr - 0 tB
i~A1 J t!h'j~
ELEANOR BOYD
1033 Villa Place
Girard, Ohio 4420-2084
(330)545-4400
FOR THE ESTATE OF ELMA I. JOHNSON
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R BER .ZA ARY
ASSISTA."IT UNTY ATTORNEY
Florida BarNo. 816604
Hannon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
A TTORNEY FOR PETITIONER
CP:07-2864.21O
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Agenda Item No. 16K2
November 18. 2008
Page 7 of 7
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PROJECT ~O. 60044
PROJECT ~ARCEL NO. . 150ROUE
PERPETUtL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTiLiTY EASEMENT
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LEGAL DESCRIPTION & SKETCH
- (Nor A SURVEY) EXHIBIT
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TH~WEST 30 FEET OF THE EAST 80 FEETOF THE SOUTH 75 FEET
OF HE NORTH 150 FEET OF TRACT 127, GOLDEN GATE ESTATES
UN T NO, 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE
PU L1C RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING
0.0~2 ACRES, MORE OR LESS.
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- "_' ._~._ .__.._.. - _._ - ._. __ .__ _. _.._.'_"_' ._"._" '_'.__._H _." _._ _,._.. _ _. _.._., _. ._.._u _.. _..
i EAST PROPERTY WNE .
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1WE$lH.V0F scmlNG100FOOTWIOEEVERG!),OESIIOlJLEVARDRlGHT-{)f-WAY (SOFEE1] /
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PERPETUAL. NON-E.XCWSIVE
RQ,l,O RIGHT.QF..lJV.AIY. DRAINAGE
mo UT1UlY EASEMENT
MJRTHP CPERTYUNE
soorn I'ROPERl'I' UtE.
THE SOUTH 75 FEET OFTHE
NORTH 150 FEET OF TRACT 127
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NOT TO SCALE