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Agenda 10/28/2008 Item #16K 6 Agenda Item No. 16K6 October 28,2008 Page 1 of 14 EXECUTIVE SUMMARY ,- Recommendation to approve a Stipulated Final Judgment in the amount of $238,225.00 for Parcels 120FEE, 120TDRE1, 120TDRE2, 124FEE, 124TDREl, and 124TDRE2 in the lawsuit styled Collier County v. Terry Walsh, et al., Case No. 07-4030-CA (Oil Well Road Project 60044). (Fiscal Impact $52,625.00) OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for payment of full compensation, for the taking of Parcels 120FEE, 120TDREl, 120TDRE2, 124FEE, 124TDREl, and 124TDRE2 in the lawsuit styled Collier County v. Teny Walsh, et. al..Case No. 07-4030-CA (Oil Well Road Project 60044). CONSIDERATIONS: Collier County condemned a total of .477 acres for road right-of-way and temporary driveway restoration easements (Parcels 120FEE, l20TDREl, 120TDRE2, 124FEE, 124TDREl, and l24TDRE2) from property owners Terry Walsh and Bonnie L. Jolly Walsh. The County offered the owner $240,280.00 and the owners countered offered with $310,628. The County valued the takings at $199,100.00, and deposited the sum of $199,100.00 in the Court Registry pursuant to an Order of Taking entered on January 4, 2008. _. After a court-ordered mediation, the owners ultimately accepted the County's offer of $238,225.00. The attached Stipulated Final Judgment and Joint Motion for Stipulated Final Judgment reflect the settlement of $238,225.00. The settlement amount reflects the value of the land along with improvements taken (driveway, concrete posts, fencing, gates, irrigation, sod, fill, clearing and grading), including severance damages and costs to cure, as well as negotiated attorney's fees, expert fees and costs. See attached Stipulated Final Judgment, which includes attorney's fees and expert fees in the aggregate amount of $13,500.00, which have been negotiated. If approved, the County will be responsible for the following: · Additional Deposit $ 39,125.00 · Attorney's Fees, Expert Fees and Costs: $ 13,500.00 TOTAL $ 52,625.00 FISCAL IMPACT: Funds in the amount of $52,625.00 will come from the Gas Taxes and Impact Fee. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDER4.TION: This item is legally sufficient for Board action. RNZ RECOMMENDATION: That the Board of County Commissioners approve the Stipulated Final Judgment as to Parcels 120FEE, 120TDREl, 120TDRE2, 124FEE, 124TDREl, and 124TDRE2 and payment of the funds as stated. ,,-., PREPARED BY: Robert N. Zachary, Assistant County Attorney CP:07 -4030-C A; 172 Page 1 of 2 Agenda Item No. 16K6 October 28,2008 Page 2 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K6 Meeting Date: Recommendation to approve a Stipulated Final Judgment in the amount of $238,225.00 for Parcels 120FEE, 120TDRE1, 120TDRE2, 124FEE. 124TDRE1, and 124TDRE2 in the lawsuit styled Collier County v. Terry Walsh et ai, Case No 07-4030-CA (Oil Well Road Project 60044). (Fiscal Impact $52,625.00) 10/28/20089:0000 AM Item Summary: Prepared By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 10/15/20084:52:49 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 10/15/2008 5:04 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM-ROW 10/16/20089:18 AM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 10/16/2008 9:43 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 10/161200811:24AM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & Construction Management 10/16/2008 12:38 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 10/16/20083:37 PM Approved By OMS Coordinator Applications Analyst Date Administrative Services Information Technology 10/17/20088:15 AM 1"...1....... Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 10/171Z008 4:05 PM file:l/C:\AgendaTest\Export\ 1 15-0ctober%2028,%202008\16.%20CONSENT%20AGEN... 10/22/2008 Page 2 of2 Agenda Item No. 16K6 October 28, 2008 Page 3 of 14 Approved By James V, Mudd Board of County Commissioners County Manager Date County Manager's Office 10/18120087:41 PM ,.......... file://C:\AgendaTest\Export\115-0ctober%2028,%202008\ 16.%20CONSENT%20AGEN... 10/22/2008 Agenda Item No. 16K6 October 28, 2008 Page 4 of 14 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. 07-4030-CA v. TERRY WALSH, et aI., Parcels: 120FEE, 120TDREl, 120TDRE2, 124FEE, 124TDREl, 124TDRE2 Respondents. / STIPULATED FINAL ruDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents, TERRY WALSH, BONNIE L. lOLLY WALSH, and BONNIE WALSH HAULING, INC., by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcels 120FEE, 120TDREl, 120TDRE2, 124FEE, 124TDREl, and 124TDRE2, and it appearing to the Court that the parties are authorized to make such Motion, the Court fmding that the compensation to be paid by Petitioner is the full compensation due the Respondents, TERRY WALSH, BONNIE L. lOLL Y WALSH, and BONNIE WALSH HAULING, INe., and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, TERRY WALSH, BONNIE L. JOLLY WALSH, and BONNIE WALSH HAULING, INC., have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Two Hundred Thirty-Eight Thousand Two Hundred Twenty-Five and No/IOO Dollars ($238,225.00) for Parcels 120FEE, 120TDREI, 120TDRE2, 124FEE, 124TDREl, and 124TDRE2, as full payment for the property interest taken and for Agenda Item No. 16K6 October 28, 2008 Page 5 of 14 damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further 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 $199,100.00; it is further ORDERED AND AD.TUGED that this Court recognizes a withdrawal of Ninety-Four Thousand Two Hundred Sixty and 33/100 Dollars ($94,260.33), from the Court Registry pursuant to an Amended Order to Withdraw Good Faith Deposit From the Court Registry, entered on September 16, 2008, as requested by Respondents to satisfy a mortgage; it is further ORDERED AND ADJUDGED that the Clerk shall pay, within thirty (30) days hereof, the total sum of One Hundred Four Thousand Eight Hundred Thirty-Nine and 67/100 Dollars ($104,839.67), made payable to Bella Y. Patel, P.A. Trust Account, c/o Bella Y. Patel. Esq., 13026 Waterford Run Drive, Riverview, FL, 33569, for the benefit of the TERRY WALSH, BONNIE L. JOLL Y WALSH, and BONNIE WALSH HAULING, INe; it is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay an additional Thirty-Nine Thousand One Hundred Twenty-Five and Noll 00 Dollars ($39,125.00) to Respondents, TERRY WALSH and BONNIE L. JOLL Y WALSH, and BONNIE WALSH HAULING, INC.; it is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay Thirteen Thousand Five Hundred and No/IOO Dollars ($13,500.00) for all attorney's fees, expert fees and costs, and no other attorneys fees, expert fees and costs shall be awarded in this case; it is further ORDERED AND ADJUDGED that Petitioner shall pay, within thirty (30) days hereof, the total sum of Fifty-Two Thousand Six Hundred Twenty-Five and Noll 00 Dollars ($52,625.00), 2 Agenda Item No. 16K6 October 28, 2008 Page 6 of 14 made payable to Bella Y. Patel, P.A. Trust Account, c/o Bella Y. Patel, Esq., 13026 Waterford Run Drive, Riverview, FL, 33569, for the benefit of the TERRY WALSH, BONNIE L. JOLLY WALSH, and BONNIE WALSH HAULING, INC., for proper disbursement in accordance with this order; it is further ORDERED AND ADJUDGED that fee simple title to Parcels 120FEE and 124FEE, and temporary driveway restoration easements for 120TDREl, 120TDRE2, 124TDREl, and 124TDRE2, 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 4927, Page 1824 of the Public Records of Collier County, Florida be dismissed as to Parcels 120FEE, 120TDRE1, 120TDRE2, 124FEE, 124TDRE1, and 124TDRE2; 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 $ made payable to the Board of County Commissioners, c/o the Office of the County Attorney, 3301 Tamiami 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 Parcels 120FEE, 120TDRE1, 120TDRE2, 124FEE, 124TDREl, and 124TDRE2 and that have or could have been asserted in this cause; it is further ORDERED AND ADJUDGED that the compensation award is subject to the claims of the mortgagee, if any; it is therefore 3 Agenda Item No. 16K6 October 28,2008 Page 7 of 14 DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _ day of October, 2008. conformed copies to: Ellen T. Chadwell, Esquire Bella Y. Patel, Esquire Mortgage Electronic Registration Systems, Inc. Preferred Financial Group, Inc. Transmedia Network, Inc. Kevin Hendricks, Acquisition Mgr./Transp. Accounting HONORABLE CYNTHIA A ELLIS CIRCUIT COURT JUDGE JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, TERRY WALSH, BONNIE L. JOLLY WALSH, and BONNIE WALSH HAULING, INC., hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcels 120FEE, 120TDRE1, 120TDRE2, 124FEE, 124TDRE1, and 124TDR. Dated: BELLA Y. PATEL, ESQ. Florida Bar No. 896489 LAW OFFICE OF BELLA Y. PATEL, P.A 13026 Waterford Run Drive Riverview, FL 33569 (813) 643-2762 - Telephone (813) 643-2612 - Facsimile ATTORNEY FOR RESPONDENTS, TERRY WALSH & BONNIE L. lOLL Y WALSH & BONNIE WALSH HAULING, INe. Dated: ~ROBERTN. ZACHARY Florida Bar No. 816604 ASSISTANT COUNTY ATTORNEY Harmon Turner Building, gthFloor 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 252-6300 - Facsimile A TTORNEY FOR PETITIONER 4 Agenda Item No. 16K6 October 28,2008 Page 8 of 14 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and copy of the foregoing has been furnished by U.S. mail to the parties listed on the attached service list this day of October, 2008. ELLEN T. CHADWELL ASSISTANT COUNTY ATTORNEY SERVICE LIST COLLIER COUNTY, FLORIDA v. TERRY WALSH, et al. Mortgage Electronic Registration Systems, Inc. c/o CT Corporation System. Registered Agent 1200 South Pine Island Road Plantation, FL 33324 Preferred Financial Group, Inc., a California corporation POBox 37946 Phoenix, AZ 85069-7946 Transmedia Network, Inc, c/o United States Corporation Company 108 East Third Avenue Tallahassee FI 32303 Collier County Tax Collector c/o E. Glenn Tucker, Esquire RHODES TUCKER & GARRETSON POBox 887 Marco Island, FL 34146 5 Agenda Item No. 16K6 October 28,2008 Page 9 of 14 PROJECT NO. 60044 PROJECT ~ARCEL NO. 120 FEE FEE SIMPL~ INTEREST EXHIBIT r1 Page-l-ot b ~ LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THEI NORTH 21 FEET OF TRACT 32A, AND THE NORTH 21 FEET OF TRACT 33A, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN P(.AT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COYNTY, FLORIDA. CONTAINING 0.318 ACRES, MORE OR LESS. I l"'-"""~"""-"'~ f ..[':R~."!!..~Rl!1';!T2:-!"~Y~~.. 21 FEET FEE SIMPlE INTEREST ~8T plllJl"l:lrrr L'NE fAST PltOI'eP;lV \DIE TRACT 32A AND TRACT 33A N o R T H NDTTO SCALE Agenda Item No. 16K6 October 28, 2008 Page 10 of 14 EXH'B~T~ . Page-a2. <if....j2.. LE~\ DEsorupnoNANDSKETCH Tem orary Driveway Restoration Easement Parcel No.1 20 TDRE' (Tl11f> s not a Fleld,Survey) OEsdRIPTlON The ~est 27,0 feet of the South 24.51eat of the Norttl45.5 feet of Tract 2A, Golden Gate Estates, Unit No, 64, as recorded In Plat Book ,Page 64 of the Public Records of Collier County, Ronda, Contdlnlng 661 .5 square feat, mora or lass. 1CMPORARY DRIVEWAY RESTClAA'TlON EASEMENT ,: ,(DU~3VEAR~: . OIL WELL RD. (C,R. 858) (1 00' Rf\N) S 89-:51" O. E 330.0' 21.0'- -.: - ~O-R\GHT-OF-WA,( liNE .J --- 24.5' \ ~ "TEMPORARY DRlVEWAY 27.0 RESTORA110N EASEMENT NO. 120 TDAE1 (661.5:t: SQUARE FEEl) ~ ai ..... N ;\ Ol o o z: NOT TO SCALE 3= TRAOT 32A b en . o o In N 89'4-0'5Q- Vi 330.0' BEARINGS AND DIMe-.sSICNS SHOWN AR~ BASED ON THE PI...l\T OF GOLDEN IJATE ESTATES, UNIT 64, COLLIER OOUN1Y, FL SHEET 1 OF 1 0A.1'E: APTllll1, 2007 .....~.................., ;-'"~~~~;\.\:~ ~:\ . ~ .~.",,1. '''/.' ',.' I : ..~C::.... :OF'- ~ ., :::?:' ;~~ "'",,_ 0','(' " . .,~~~:. ,'3;~:':!:~.~j). t. 0l.ENT. CiOLlJEFl co. J CH2MHll Pl'lO~s:m Oil. waL IIOAC &CREED .....,loJ'IOw...y ..,m- MYEFlS, >'l..OFIOA. _12 ~ (2Sg;1275-1176 Fit<< l'7-ln.,..,......-.. Agenda Item No. 16K6 October 28,2008 Page 11 of 14 EXHIBIT A Page ~ o~ LE~L DESCRIFTllON AND SKETCH Te porary Driveway Restoratlon Easement Parcel No. 120 TDRE2 (Tn Is not a Fiald SUNey? D~~0.RIPT10N The ci!st 38.5 feet of the West 177.5 feet of the South 10.0 feet of 1he Norlii 31 .0 feet of Tract 33A. Golden Gate Estates, Unit No. 64, as recorded In Plat Book 7, pega 64 of the Publlo Records of Collier COUf"lty, Florlda. Co1'lalnlng 385.0 square feet, more or less. TaolPORARY DRIVEWAY RESlORAilON I:.'oSEMENT ..........-.3YeAAS. ' ..... . t--~o;-=.- '" T..-,.... OIL WELL RD. (C.R. 858) (100' RNJ) t:Xl:;l1NG RI HT-QF-WAY UNE S 89'31'10" E 3.30.0' In ~ '" -- 21.0' 21.0' --- 139.0'7' - '--~-"';""-10 0:- /- 10'0( 38.5' . PROPOSED RIGHT-Of-WAY UNE 'TEMPORARY DRNEWAY RESTORATION EASEMENT NO. 120mRE2 (3B5.0ll: SQUARE FEET) -n 10 ,...: ..r N ;: NOT TO SCALE If Q it ~ I ~ TRACT 33A '0 .- -O'l r o o C/l N 89'40'50" W 330.0' BEARlNQS AND DIMENSIONS SHOWN ARE BAsEtl ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64. OOLUER COUN"TY, FL. SHEET 1 OF 1 ~ ~&CREED ~:~~ :~!:~~i~~~til ~ I A..OR.lCAc;eRT1A,......."'rC~..-. Agenda Item No. 16K6 October 28,2008 Page 12 of 14 PROJEC I ~O. 60044 PROJECT ARCEL NO. 124 FEE FEE SlMP E INTEREST EXHIBIT --L.'i.- PageLot...b_ LEGAL DESCRIPTION & SKETCH - (NOT A SURVEY) \ \ THIt NORTH 21 FEET OF TRACT 48A, GOLDEN GATE ESTATES UNtr NO. 64. AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUI$LlC RECORDS OF COLLIER COUN1Y, FLORIDA. CONTAINING 0.159 ACRES, MORE OR LESS. rllG OIL ww.R~DRIGf{f.Qf.WJ,ytr.le I PRDPERTYUWE , f'!\llPOSEDJ,[JllfJ1()IW.IOOKf4'-WJ,V 121 ""'"" "[ ~::. ._.. - .,_., _',"7;<".. FEE SIMPLE INTEREST WEST ? TY \.Jl! EJ.ST P1\Clf'EIlT'( LINE TRACT 48A N o R T H NOT TO SCALE t I __ .1 Agenda Item No. 16K6 October 28,2008 Page 13 of 14 EXHIBSTA- Pa~ s: Of:h.. LEG~L DESCRIP110N AND SKETCH Tem orary Driveway Restoratlon Easement Parcel No. 124 TDRE1 (This Is not a Reid Survey) DESCRIPTION The !ast 32.0 feat of the West 73.51eet of the South 30.0 teet of the NoTt 51.0 feet of Tract 48A, Golden Gate Estates, Unit No. 64, as recorded In PI t Book 7, Page 64 of the Public Records of Collier County, Florida. Cont$ining 960.0 square feet, more or less. iEMPORMY o~v RESTORA1lON EASEMENT ~TION; 3 VEAAS. . . .. . ... ,- OIL WELL RD, (C.R. 858) (1 00' RNJ) EXI HG RI T-QF-WAY UNE --- 21.0' S S9'31'10. E 330.0' i - - -- 1 ~ I I'=! PROPOSED RIGHT-OF-WAY LINE g"'_..tg 32.0'\ 4-1.5' it:.MPORARYDANEWAY RESTORA TloN EASEMENT NO. 124 TORE1 (9eo.O~ SQUARE FEEl) b \I) .0 .... N 21.0' ---- U4 ~ Ol' r ;:l. 01 zl ! 3: NOT TO SCALE "ffiACT 4BA l o ,... a. .. o o '" N 89'40'50. W 330.0' BEARINas AND DIMENSIONS SHOWN ARE BASED ON 'THE PLAT OF GOLDEN GA.TE ESTATI:S, UNfi64, COLLIER COUNTY, Fl. SHEET 1 OF 1 ~1WDw.p1'l3'l :nON LJCee& No. U.... 'If\~'. ~....~....~.........\ CI.9IT, COWel CO. I CH2MHILL , {{o':'. -. ''0':".10.:: i.- ~~\ 1 .. . ':".:i: ',,~'.:." "..' .\.: J-c....' t, PPOJEOT': otL\N'ElJ-~ . ~;.,.'..,~E-...."''''~ J.f..~t.!,.. "'/ " - ':J,.,p1"hw:',,~, (". " -' ~J. ~~ .;:'o~ "S~' '~; ~i!=; AP1L 18.2007 :;! :1k'/ ii.7""'l~';~:: ~I~ ~ \ ~". . '":"j:'- ~ '" ' ~~~,:.Ji'\'J.tl~.i'~ .t. c~.: FOfrrl.NEFG.~a:~~ :, ~-::~':-:::.~ :,.;.'t'"~~.....:~~_-r PHONE: (2"~ ZTs....NI'JfIt ~ ~ ~ -0:-- ~&CREED I Agenda Item No. 16K6 October 28,2008 Page 14 of 14 EXHlsrT Ii Page-k~ LE:tDESCR1PTION AND SKETCH Tem rary Driveway Restoration Easement Parcel No. 124 TDRE2 (This I~ not E!I Field SUNay) DESctRIP11QN The '{Vest 34,0 fSlet of tha East 58.0 feet of the South 15.0 feet of the Nortli 36.0 feet of Tract 4BA, Goldan Qate EslBtes, Unit No. 64, as recorded in Plat Sook 7, Page 64 of the ~ubllc Records of Colller County, Florida. Conu"ming 510.0 square feat, mora or Jess. TEMPORARY CIWEWAY RESTORA11ON EASEMeNT . t~~:S~: . . EXI~1\NG ~G~T-O!"-WAY UNE -- 21.0' - -- PRopoSED RIGHT-OF-WAY UNE OIL WELL RD. (C,R, 858) (100' R/W) S 89'3"10" E 3.30.0' 21.0'- ~ ~ zl I II }~/J ~ TEMPORARY DRrvEWAY 24,0' AESTORA TlON EASEMENT NO. 124 TDRE2 (5' O.Oj: SQUARE FEEl) === NOTTO SCAl-E ~ ~ b TRACT 48A 0, - o o tfI N 89'40'50. W 330.0' BEARlrtJas AND DIMeNSIONS SHOWN ARE BASED ON TriE PLAT OF GOLDEN GATE ESTATES. UNIT 64, COLLIER COUNTY, FL ~DElICI\II'11cN~8KE1'CH_"'_IwlIoI:lRI!SD'P" IlT!mi OF I'W'IlC.'l Ql.11!! OF AIl!H:IAfZAnDN...... La-. \ . . ~, ..J::;:r;;:[L SHEET 1 OF 1 o.o-re N'l'Il.. "I. = ..-'" ...~..,'Io . . -;.~-:::-';.. ...~........"l- . ..=:.:; .":';~ r'O,....? , ~ .......~~'":-' -F,p~ f~ tr -.-. ....~...l.I 1'(. :;..(,1,...... IJ _0., . :," (.I.\, I \;:;(~;~~ij a..lENr: COWIiR 00. , CHZM!1IiJ. PROJeor: OL WB.l..1'IO"-C miL'\ AAOW~-t &CREED I'OIrrMYla'lS.Fu::>AIOI'<.S31I1lt PHONe: (2Ul i<r!Hll<l"1 f"" \2ll8\ ~l>o7tl2ll Ft..OR\OA ~.,,",,""'" ~.- .--