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Agenda 07/22/2008 Item #16K 3Agenda Item No. 16K3 July 22, 2008 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment in the amount of $38,000.00 for Parcel Nos. 122 and 722 in the lawsuit styled Collier County v. Gulfstream Homes, Inc., et al., Case No. 05- 758 -CA (Collier Blvd. (CR 951) Project No. 65061). (Fiscal Impact $13,852.50) OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for payment of full compensation, attorney's fees and costs, for the tatting of Parcels 122 and 722 in the lawsuit styled Collier County v. Gulfstreain Homes, Inc., et. al., Case No. 05- 758 -CA (Collier Blvd. (CR 95 1) Project No. 65061). CONSIDERATIONS: On September 15, 2005, Collier County deposited $32,700.00 into the Court Registry and acquired title to Parcels 122 (.23 acres) and 722 (.02 acres) in accordance with the Order of Taking entered on September 7, 2005. The parties have agreed to settle this matter for $38,000.00, plus expert witness fees, and statutory attorney's fees. See attached Stipulated Final Judgment, If approved the County will be responsible for the following costs. • Additional Compensation for Parcel $ 5,300.00 • Expert Witness Fees $ 5,500.00 • Statutory Attorney's Fees* S 3.052.50 TOTAL COST: $13,852.50 * Attorney's Fees are mandated by § 73.092, F.S., and are based on 33% of the difference between settlement amount and the initial offer, i.e., 0.33 X ($38,000 - $28,750). This item is legally sufficient for Board action. FISCAL IMPACT: Funds in the amount of $13,852.50 will come from Gas Taxes and Impact Fees. Source of Funds are gas taxes and impact fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the Stipulated Final Judgment as to Parcels 122 and 722, and authorize the payment of the funds as stated. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney CP:05- 758- CA;438 Page 1 of 2 Agenda Item No. 16K3 July 22, 2008 Page 2 of 8 -file-//C: \AnendaTe�t \F,xnort\ 1 1 1 -July 0/.2022 0/.2O70OR \1 F 0/ 20('0NCFNT%?0AGRNDA \1 7/15000R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K3 Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of $38,000 for Parcel Nos. 122 and 722 in the lawsuit styled Collier County v. GUlfstream Homes, Inc., et al., Case No. 05- 758 -CA (Collier Blvd. (CR 951) Project No e5o61). (Fiscal Impact $13,852.50) Meeting Date: 7/2212008 9.00.00 AM Approved By Najeh Ahmed Director Date Transportation Engineering & Transportation Services Construction Management 612412008 11:34 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 6124/2008 4:53 PM Approved By Sharon Newman Accounting Supervisor Date �.. Transportation Services Transportation Services Admin 7/1/2008 9:57 AM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 7/11200810:02 AM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 7/7/2008 10:38 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 717/2008 3:42 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/812008 11:05 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7/912008 5:09 PM ._. Approved By James V. Mudd County Manager Date Board of County -file-//C: \AnendaTe�t \F,xnort\ 1 1 1 -July 0/.2022 0/.2O70OR \1 F 0/ 20('0NCFNT%?0AGRNDA \1 7/15000R Page 2 of 2 Agenda Item No. 16K3 July 22. 2008 Page 3 of 8 commissioners County Manager's Office 711112 00 8 10 05 AM file: / /C_AAeendaTest \F.xnnrt\ 111 '%207009A160/.?0C 0NSFNT%70ACFNnAA1 7 /1S00OR Agenda Item No. 16K3 July 22, 2008 Page 4 of 8 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA ^� CIVIL ACTION _ COLLIER COUNTY, FLORIDA, a w - political subdivision of the State of Florida, .,0 Petitioner, v V. Case No. 05- 758 -CA GULFSTREAM HOMES, INC., et al., Parcel Nos.: 122, 722 Respondents. STIPULATED FINAL JUDGMENT THIS CAUSE, having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, and Respondent, GULFSTREAM HOMES, INC., by and through its undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel Nos. 122 and 722, that the compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA, is the full compensation due Respondent, GULFSTREAM IIOMES, INC., and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, GULFSTREAM HOMES, INC., receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Thirty -Eight Thousand and No /100 Dollars ($38,000.00) as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcels; it is further ORDERED that Respondents shall receive the sum of Three Thousand Fifty -Two and 501100 Dollars ($3,052.50) for all attorney's fees, based on a benefit of $9,250.00; it is further Agenda Item No. 16K3 July 22. 2008 Page 5 of 8 ORDERED that Respondent shall receive the sum of Five Thousand Five Hundred and No /100 Dollars ($5,500.00) for all expert fees and costs; it is further ORDERED that no other fees and costs shall be awarded in this case; it is further ORDERED that within thirty (30) days of receipt of this Order, Petitioner shall pay the total amount of Thirteen Thousand Eight Hundred Fifty -Two and 50/100 Dollars ($13,852.50) made payable to AFB Trust, c/o Melville G. Brinson, III, Esquire, Adams, Feichthaler & Brinson, Post Office Box 690, St. James City, Florida 33956, for proper disbursement in accordance with this Order; it is further ORDERED that title to Parcel Nos. 122 and 722, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, FLORIDA, pursuant to the Order of Taking dated September 7, 2005, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above - styled cause and recorded in Official Record Book 3790, Page 2496 of the Public Records of Collier County, Florida, be dismissed as to Parcel Nos. 122 and 722; it is further 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 $ via wire transfer from the Clerk of Courts to the Board of County Commissioners, Account 4 313- 163673- 650611; it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is further ORDERED that this Court retains jurisdiction to enforce the terms of this Stipulated Final Judgment; it is therefore 2 Agenda Item IJo. 16K3 July 22, 2008 Page 6 of 8 DONE AND ORDERED in Naples, Collier County, Florida, this day of , 2008. CYNTHIA A. ELLIS Circuit Court Judge Conformed copies to: Ellen T. Chadwell, Esquire Melville G. Brinson, III, Esquire First South Bank, N.A. c/o Margie Fletcher, Sr. Vice President of BB &T E. Glenn Tucker, Esquire Kevin Hendricks, Transportation Dept. Accounting JOINT MOTION The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel Nos. 122 and 722. Dated: 6// / Melville G. Brinson, III, Esquire Florida Bar No.: 0494003 Adams, Feichthaler & Brinson Post Office Box 690 St. James City, Florida 33956 (239)282 -0551 - Phone ATTORNEY FOR RESPONDENT GULFSTREAM HOMES, INC. CP: 05- 758- CA,437 7 Dated: Ellen T. Chadwell Assistant County Attorney Florida Bar No.: 983860 3301 East Tamiami 'Frail, 8`h Floor Naples, Florida 34112 (239) 252 -8400 — Phone (239) 252 -6300 — Facsimile ATTORNEY FOR PETITIONER TRACT EXHIBIT 108 TRACT 109 TRACT 110 G (*N GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 LEGAL DESCRIPTION A portion of the North 18D fed of Tract 109 Golden Cate Estate, Unit No. 2, Plot Book P090 75, of the Publlo Record. of Collier County. Florida, being mare particularly described oe follows; Commencing at the Northeast comer or Trot 109; thence S.89'31'2819. along the Nortll F of Tract 1D9, o distance of 55.00 teal tdl,,SSlIl1r POINT OF BEGINNING; thence S.00'20'32'E..,`V. distance of IBO.DO feat to Its intersection �rl� the South line of the North 180 feet of TrM 109; thence S.59'31'28 W. along said South line, a distance of 5.00 feet; thence N.0P20'321V., a distance of 780.00 feet to Its Intersection with the North line of Tract 109; thence N.B931.28'E. along said North line, a distance of 5.00 feet to the POINT OF BEGINNING. Containing 900.00 square feet or 0.0207 acres, mom or less. 722 L158 Agenda Item No. 16K3 July 22.. 2008 10 C, I Page 7 of 8 I I I I ° I 0 o it 0 rn rn I u U� I I LINE TABLE LENGTH BEARING 1 55.DO S89'31'28'W L 5 180.00 500'28'32"E U 5.00 S8731'28'W L15ZI 180.OD N00' `W l 5.00 N59- 31'28" 2. o `b�gling is the West line of County Roo � / K 951) being N 0P2B'3V W. Florida Slate P�dn��dordinates NAD 83/90, East Zone. 3 yci to easements, rmerva8one and iV.n. or record. 4, Easements shown heRDn ore per plat, unless otherwise noted. 5. ROW represent. Right —of —Way. 6. P.O.B. repress nla Paint of Beginning. 7. P.O -C. represent. Point of Commencement. 8. O.R. mar... ml Officio) Records. 9. L.B.E. represents Landseope Buffer Easement, 10. U.E. represents Utility Easement, TEMPORARY CONSTRUCTION EASEMEMT rr ^ . (DURATION: 3 YEAR$ FRW COMMENCEMENT OF CONSTRUC IC" CMND J. AT% .$.M. (FD" R THE FIRM) FLORIDA JC. NO. 5834 r "33 "L1 j (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED I -- SURVEYOR AND MAPPER. CERITICATE OF AUTHORIZATION LB #43 GRAPHIC SCALE OF SKETCH & DESCRIP770M s.rru ease m G'] D Agenda Item No. 16K3 July 22, 2008 Page 8 of 8 _. EXHIBITLDEN P.0.6, 0 GATECTES P89e�_ Of 1 UNIT N0. 2 �1 P.B. 4, PAGE 75 L99 o g ' ° I I m m 0 ° N N R AR m ° TRACT 122 0 ITT I I 1Q9 -------- — -------- T-- ----------------- i L98 _--------- o � LEGAL DESCRIPTION A portion of the North 16D feet of Tract 109 Golden Gob Estates Unit No. 2. Plat Book 4. Pages 75 -76, of the Public records of Collier County, Florida. being more particuludy described os fellows: Beginning at the Northeast comer of Tract 109; thence S.00'28'32'E. along the East line of Tract 109, a distance at 180.00 feet to its intersection with the North line of the South 150 feet of Tract 109; town. S.89'31'26'W. along sold South line, o distance of 55.00 bet; then. N.00-2832 -W., a distance of 180.OD feel to Its Inleroectian with the North line of Tract 109; thence N.89'31'28'E. clang sold North line, a distance of 55.00 feet to the POINT OF BEGINNING. Containing 9,900.00 square feel or 02273 acres, more or less. WD J. H ..M. FOR THE FlRM FLORIDA LI . NO. 5834 2 '1 ) D i (DATE SIGNED) NOT VALID WfTHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 M e' 65061 — e.: faa LINE 2. ps!.I of -ring ) is the West line of County Radi115 51 being N 00'28'32' W, Florida Sate IFpdrdinotes MAD 83190, East Zane. easements, resenotions and resklchah+ or record. 4.3. Easements shown hereon ore Per plot, unless oth.miee noted. 5. ROW represents Right —of —Way. 6. P0.0. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. e. O.R. represents ONlciai Records. 9. L.B.E. represents Landscape Duffer Easement. 10. U.E. represents Utility Easement. FEE BNIRE INTEREST o ze x m GMPMIC SCALE 0 sw we se 0 i c.e m b rt `__________ a,we.,e SKETCH k VESCPJP77ON I •++e • bree. • f..�erw - essesWw I esr- rwee�i-': .wiw nortxr n.: wen ww,sa¢ IZ2412 'Awe"' IM �r+.a 01/700.7 N6015- 005 -1)170 lTY XxXT L —L —B 1J2 tL Tea] fa:oe'a1 - Assealivies Aeeafsves/NeaAq