Agenda 07/22/2008 Item #16K11Agenda Item No. 16K11
July 22, 2008
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $22,500.00 for
Parcel 141 in the lawsuit styled Collier County v. Edward Stanley Sanditen, et al., Case No.
02- 5165 -CA (Immokalee Road Project No. 60018). (Fiscal Impact $11,500.00)
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment
for payment of full compensation to property owners Roger A. Sharpe and Colleen Sharpe
(Respondents), and for attorney's fees, expert fees and costs, for the taking of Parcel No. 141 in
the lawsuit styled Collier County v. Edward Stanley Sanditen, et. al., Case No. 02- 5165 -CA
(Immokalee Road Road Project No. 60018).
CONSIDERATIONS: Pursuant to an Order of Taking dated May 22, 2003, Collier County
deposited $11,000.00 into the Court Registry and acquired title to Parcel No. 141 (consisting of
.182 acres) for road right -of -way. Respondents have alleged a severance damage in excess of
$11,000.00 for the increased cost of connecting the property to Immokalee Road as a result of a
change in the elevation of the roadway. Under Florida law, grade changes which impact a
property are compensable. Through negotiation, the parties have agreed to pay compensation in
the amount of $16,000.00 and statutory attorney's fees, expert fees and costs in the amount of
$6,500.00, for a total settlement of $22,500.00. See attached Stipulated Final Judgment.
If approved the County will be responsible for the following costs.
• Additional Compensation for Parcel $ 5,000.00
• Expert Witness Fees and Attorney's Fees and Costs $ 6.500.00
TOTAL COST: $11,500.00
This item is legally sufficient for Board action.
FISCAL IMPACT: Funds in the amount of $11,500.00 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 Colwnissioners approve the Stipulated
Final Judgment as to Parcel No. 141, and authorize the payment of the funds as stated.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
CP:02- 5165- CA;790
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Agenda Item No. 16K11
July 22, 2008
Page 2 of 7
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16K11
Item Summary:
Recommendation to approve a Stipulated Final Judgment in the amount of $22.500.00 for
Parcel 141 in the lawsuit styled Collier County v. Edward Stanley Sanditen, at al., Case No.
02- 5165 -CA (Immokalee Road Project No 60018).
(Fiscal Impact $11,500.00)
Meeting Date:
7/22/2008 9.00.00 AM
Prepared By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
7/9/2008 8:28:16 AM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
7/9/2008 9:15 AM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
719/2008 9:55 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM -ROW
71912008 1:10 PM
Approved By
Lisa Taylor
Management /Budget Analyst
Date
Transportation Services
Transportation Administration
7/9/2008 1:20 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
719/2008 2:53 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
7/9/2008 3:33 PM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
7/912008 4:10 PM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
7/9/2008 5:45 PM
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Approved By
James V. Mudd County Manager
Date
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Agenda Item No. 10K11
July 22, 2008
Page 3 of 7
Board of County
County Manager's Office 711012008 12:35 PM
Commissioners
file: //C:AAt>endaTestAFxnort \111 -lidv% 2022- 0 /2(17.00R \16 `V.?0U 1NRFNT %2f1AGFNDAAl 7/15000R
Agenda Item No. 16K11
July 22, 2008
Page 4 of 7
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. 02- 5165- CA -LDM
V.
EDWARD STANLEY SANDITEN, et al., Parcel: 141
Respondents.
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 Respondents,
ROGER A. SHARPE AND COLLEEN SHARPE, by and through their undersigned counsel, for
entry of a Stipulated Final Judgment as to Parcel 141, 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 Respondents, ROGER A. SHARPE AND COLLEEN
SHARPE, and the Court being otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondents, ROGER A. SHARPE AND COLLEEN
SHARPE, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of
Sixteen Thousand and No /100 Dollars ($16,000.00) for Parcel 141, 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. 16K11
July 22. 2003
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
$11,000.00; it is further
ORDERED AND ADJUDGED that Respondents will receive, pursuant to §73.092(1), Fla.
Star, as a reasonable attorney's fee and expert witness fees and defense costs in the sum of Six
Thousand Five Hundred and No /100 Dollars ($6,500.00). Except as provided herein, no attorney's
fees or other costs shall be awarded in connection with the above - styled cause of action as it relates
to Parcel 141; it is further
ORDERED AND ADJUDGED that Petitioner shall pay, within thirty (30) days hereof, the
total sum of Eleven Thousand Five Hundred and No /] 00 Dollars ($11,500.00), made payable to the
Roetzel & Andress TRUST ACCOUNT, c/o Kenneth A. Jones, Esquire, 2320 First Street, Suite
1000, Ft. Myers, FL 33901, for proper disbursement in accordance with this order; it is further
ORDERED AND ADJUDGED that fee simple title to Parcel 141, being fully described in
Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the
Order of Taking dated May 22, 2003, 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 3178, Page 2184 of the Public Records of Collier
County, Florida be dismissed as to Parcel 141; 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 $ via
wire transfer from the Clerk of Courts to the Board of County Commissioners Account No. 331-
163650- 60018; it is further
Agenda Item No. 16K11
July 22, 2008
Page 6 of 7
ORDERED AND ADJUDGED that this Stipulated Final Judgment is to be recorded in the
Official Records of Collier County. Florida; it is therefore
Jay of
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this
20(18.
HONORABLE HUGH D. HAYES
CIRCUIT COURT JUDGE
conformed copies to:
Ellen T. Chadwell, Esquire
Kenneth A. Jones, Esquire
E. Glenn Tucker, Esquire
Kevin Hendricks, Acquisition Mgr. /fransp.
.4ccountin�
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, ROGER A.
SHARPE AND COLLEEN SHARPE, hereby respectfully move for entry of the foregoing
Stipulated Final Judgment as to Parcel 141.
Dated: ,
KENN H A. JONES, ESUQIRE
Florida /Bar No. 0200158
ROET EL & ANDRESS
2320 FIRST ST, SUITE 1000
FORT MYERS, FLORIDA 33901 -3419
(239) 337 -3850 - Telephone
(239) 337 -0920 - Facsimile
ATTORNEY FOR RESPONDENTS,
ROGER A. SHARPE AND COLLEEN SHARPE
Dated:
ELLEN T. CHADWELL, ESQU
Florida Bar No. 0983860
COUNTY ATTORNEY'S OFFICE
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774 -8400 - Telephone
(239) 774 -0225 - Facsimile
ATTORNEY FOR PETITIONER
r.,
• PEE SPOU INTEREST
PARCEL #141
00' R
_ IMMOK_ A�EE ROAD
- S.R. B46 ao
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42
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GIORDANO
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5, PG. 410
54
CHARLES F. 1
HELEN J• W
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O.R. 883, P(
Agenda Item No. 16K11
EXHIBIT
July age 7 of 7
Pap_._,_ ii
NOT TO SCALE
Notes:
1. This Is not a survey.
2. Basle of bearing is
N /A.
3. Subject to easements,
resarvations and
restrictions of record.
Descriptlon:
The Northerly 79.18 feet of the East One Hundred
(100')' of the West 360', of the North One Half of
the Northwest quarter of the Northeast quarter, lees
Right —of —Way, Section 29, Township 46 South Range .
27. acres, East, Collier County, Florida. Cont0lning D.182
acres, more or leas.
N
EXHIBIT
0 50 100 150
DAVID J. A S.M. FOR THE MM)
FLA. UC. 0 34
NOT VALID OUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL-00 A FLORIDA
UCENSED SURVEYOR AND YAPPER
SKETCH AND DESCRIPTION
WILKISON &
ASSOCIATES
INC. M
ENGINEERS, SURVEYORS AND PLANNERS
3506 EXCHANGE AVE. NAPLES, FLA. 34104
(941) 643 -2404 FAX NO. (941) 643 -5173
FLORIDA BUSINESS LICENSE NO. 195770
NOTED
10/01 1 1 OF 1
0014.1 i EAW
DJH
00- 018- OD.DWG I
DWG. N0.
IR -L -141
n
a�
�X A
KS
°
NOT TO SCALE
Notes:
1. This Is not a survey.
2. Basle of bearing is
N /A.
3. Subject to easements,
resarvations and
restrictions of record.
Descriptlon:
The Northerly 79.18 feet of the East One Hundred
(100')' of the West 360', of the North One Half of
the Northwest quarter of the Northeast quarter, lees
Right —of —Way, Section 29, Township 46 South Range .
27. acres, East, Collier County, Florida. Cont0lning D.182
acres, more or leas.
N
EXHIBIT
0 50 100 150
DAVID J. A S.M. FOR THE MM)
FLA. UC. 0 34
NOT VALID OUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL-00 A FLORIDA
UCENSED SURVEYOR AND YAPPER
SKETCH AND DESCRIPTION
WILKISON &
ASSOCIATES
INC. M
ENGINEERS, SURVEYORS AND PLANNERS
3506 EXCHANGE AVE. NAPLES, FLA. 34104
(941) 643 -2404 FAX NO. (941) 643 -5173
FLORIDA BUSINESS LICENSE NO. 195770
NOTED
10/01 1 1 OF 1
0014.1 i EAW
DJH
00- 018- OD.DWG I
DWG. N0.
IR -L -141