Agenda 05/13/2008 Item #16K 2
Agenda Item No. 16K2
May 13, 2008
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment for Parcel No. 159A in the
lawsuit styled CC v. Andy Morgan, et aI, Case No. 02-5169-CA (Immokalee Road Project #
60018). (Positive Fiscal Impact $953.04)
OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final
Judgment for payment of full compensation, expert fees and costs, for the taking of Parcel No.
159A in the lawsuit styled CC v. Andy Morgan, et aI, Case No. 02-5 I 69-CA (Immokalee Road
Project # 60018).
CONSIDERA TIONS: The County acquired an undivided half interest in the property
described as Parcel I59A by entry of an Order of Taking and by depositing the sum of$I8,000
into the Court registry. Through negotiation, staff and Respondent, Edith Street, have agreed to
the proposed settlement of $17,000 as full compensation for the taking of Parcel No. I59A and
all fees and costs. See the attached Stipulated Final Judgment.
If approved, the County will be entitled to a refund of $953.04. The following is a breakdown of
the costs:
Good Faith Deposit
Minus Taxes Paid to CCTC
Minus Settlement Amount
Refund to County
$ I 8,000.00
$46.96
$17,000.00
$953.04
FISCAL IMPACT: No negative fiscal impact to the County. Funds in the amount of $953.04
will be refunded to the County and deposited back into the gas taxes and/or impact fee fund.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
I. Approve the Stipulated Final Judgment as to Parcel No. 159A; and
2. Approve the expenditure of funds as stated.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
02.02341730
Page 1 of 2
i\genda Item No. 16K2
May 13. 2008
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K2
Meeting Date:
Recommendation to approve a Stipulated Final Judgment for Parcel No. 159A in the lawsuit
styled CC v. Andy Morgan, et ai, Case No. 02-5169-CA (Immokalee Road Project # 60018).
(Positive Fiscal Impact $953.04)
5/13/200890000 AM
Prepared By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
4/17/20084:03:16 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
4/22/200811 :07 AM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
4/23/200811:48 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
4/23/2008 1 :40 PM
Approved By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
4/25/2008 5:00 PM
Approved By
Jeff Kiatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
4/28/200B 11 :29 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM.ROW
4/30/200811:32 AM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
5/1/20087:27 AM
Approved By
Susan Usher
Senior ManagemenUBudget Analyst
Date
County Manager's Office
Office of Management & Budget
5/1120083:00 PM
file://C:\AgendaTest\ExDort\ 1 07-Mav%2013.%202008\ 16.%20CONSENT%20AGENDA\16... 5/7/2008
Page 2 of2
,b"oenda Item No. 16K2
~ May 13, 2008
Page 3 of 8
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
516120083:47 PM
file://C:\AgendaTest\ExDort\ I 07-Mav%2013.%202008\ 16.%20CONSENT%20AGENDA\J 6... 517/2008
,
Agenda Item No. 16K2
May 13, 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
political subdivision of the
State of Florida,
Case No. 02-5169-CA
Petitioner,
Parcel No.: I59A
vs.
ANDY R. MORGAN, et aI.,
Respondents.
I
STIPULATED FINAL JUDGMENT
THIS CAUSE, having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its undersigned counsel and Respondent,
EDITH G. STREET, for entry of a Stipulated Final Judgment as to Parcel I59A (One half
interest), the Court finding that the compensation to be paid by Petitioner, COLLIER COUNTY,
FLORlDA, is the full compensation due Respondent, EDITH G. STREET, and the Court being
otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that:
I. Respondent, EDITH G. STREET, shall receive from Petitioner, COLLIER
COUNTY, FLORIDA, the sum of Seventeen Thousand and No/lOO DoIIars ($17,000.00), as
ful! payment for the property interests taken and for damages resulting to the remainder, if less
than the entire property was taken, interest, attorney's fees and costs, and for all other damages
in COlUlection with said parccl.
Agenda Ileen 1'0. 16K2
lv1ay 13, 2008
Page 5 of 8
2, Petitioner will be entitled to a credit for the good faith estimate of value
previously deposited in the amount of$18,000,
3. Immediately after entry ofthis order, the Clerk shall disburse the amount of
Seventeen Thousand and No/I00 Dollars ($17,000.00) made payable to Edith G, Street, P.O.
Box 789, Grundy, V A 24614, as full compensation,
4, Immediately after entry of this order, the Clerk shall disburse via wire transfer the
remaining balance on deposit of $953.04 to the Board of County Commissioners, account
#
5. No other fees and costs are awarded in this cause.
6. Title to Parcel 159A of an undivided one-half interest in fee simple, being fully
described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner,
COLLIER COUNTY, FLORIDA, pursuant to the Stipulated Order of Taking dated May 13,
2003, and the deposit of money heretofore made, is approved, ratified, and confirmed.
7. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 3178, Page 2225 of the Public Records of Collier County, Florida, is dismissed as
to Parcel No. 159A(One half interest),
8. 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 $2,861.47, via wire transfer from the Clerk of
Courts to the Board of County Commissioners, Account #
9, This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida,
10. This Court retains jurisdiction to enforce the terms of this Stipulated Final
Judgment.
Agenda Item No. 16K2
May 13, 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
Edith G, Street
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 I59A (One half interest),
Dated: tj - 7- b~
Dated:
r;t~> ~ .t.~
Edith G. S tree!
P.O, Box~ 792
Grundy, VA 24614
(276) 935-4660 1-'~~ 1t=
(276) 935-2549
Ellen T. Chadwel ~
Assistant County rney
Florida Bar No.: 983860
3301 East Tamiami Trail, 8th Floor
Naples, Florida 34112
(239) 252-8400 - Phone
(239) 252-6300 - Facsimile
A TTORNEY FOR PETITIONER
"
Agenda item No. 16K2
May 13, 2008
Page 7 of 8
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
,2008.
ELLEN T. CHADWELL, ESQ.
Edith G. Street
P.O. Box 789
Grundy, VA 24614
Com cast Cablevision of the South, Inc., a Colorado Corp.
eT Corporation System, its Registered Agent
1200 South Pine Island Road
Plantation, Florida 33324
020234/726
~--
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6' UllUTY EASEMENT
...1
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q
~
o
IMMOKAlEE ROAD_
S.R. 846
TRACT 36
G.G.E. UNIT 20
PLAT BOOK 7, PAGE BO
TRACT 37
G.G.E. UNIT 20
PLAT BOOK 7, PAGE BO
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5
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o 50 100 150
SCALE: 1" =1 00
Description:
A portion of Tract 36, Golden Gate Estotes, UnIt 20,
according to the plat thereof os recorded In Plat
Book 7. Page 80 of the Public Records of Collier
County, Florida, being more partrcularly described os
follows:
The Northerly 94.35 feet together with the South
5.00 feet of the North 99.35 feet of the East 48.00
feet of said Tract .36, Containing 0.721 ccres more
or less.
PllOJtcr ltlJ., 60018 f'AACn. NO.. '159A CliOII',
WilsqnMille,"'-- =-
fIImn.~.~....,.,.,...~.........>>---..~
.....,.,~.':;...,.. p,r.n;,
-_:'''''I/IJ'~IIriIo''''."""___,,,,,,,,,,,,,,,,,______ 02/0:S
Fell n. lOOJ 14'40:+4 MlAWUREIJ'\RlrWwv\lr'!mokGiIo. ltodd\oti-O'......OOO..ll
;0
'0
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Notes:
1. This Is not 0 survey.
2. Bosls of beering Is
plot.
J. Subject to easements,
reservetions and
restrictions of record.
4. All dImensions ore plat
unle:!::I otherwise noted.
,.\.t., ,
DAVID J. y:n:
Fl.A.UC.N.~4
NOT VAUD 'WITHOUT THE SIGNATURE AND
THE O~IGINAl RA.ISED SE,t.;L OF' A FLORIDA
UCOiSED SURVE"fOR AND UAPPER
cowrn COUNTY DEPARTMENT
OF TRANSPORTATION
SKITCH AND DESCRIPTION
P't tcf 1lO~ fU HQ~
( J14-ooo-000-BGOOI 1 H-l 0
Agenda Item I~o. 16K2
May 13, 2008
Page 8 of 8
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EXHIBIT "A"