Agenda 04/22-23/2008 Item #16K 7
Agenda Item No, 16K7
April 22, 2008
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment for Parcel No. 159A in the
lawsuit styled CC v. H.A. Street, et aI, Case No. 03-2873-CA (Immokalee Road Project #
60018). (Fiscal Impact $6,900)
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, HA, Street, et aI, Case No. 03-2873-CA (Immokalee Road
Project # 60018).
CONSIDERATIONS: The County acquired the subject property by entry of an Order of
Taking and by depositing the sum of $10,100 into the Court registry, This matter was set for
trial on June 2, 2008. Through negotiation, staff and Respondent have agreed to the proposed
settlement of $17,000 as full compensation for the taking of Parcel No. 159A and all fees and
costs. See the attached Stipulated Final Judgment.
If approved, the County will pay the following costs:
. Additional Compensation, fees & costs:
TOTAL
$ 6.900
$ 6,900
FISCAL IMPACT: Funds in the amount of $6,900 are available in Impact Fees and/or Gas
Taxes.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Stipulated Final Judgment as to Parcel No, l59A; and
2, Approve the expenditure of funds as stated,
PREPARED BY: Ellen T, Chadwell, Assistant County Attomey
0),0191/88
-
Page 1 of2
Agenda Item No. 16K7
April 22. 2008
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16K7
Item Summary:
Recommendation to approve a Stipulated Final Judgment for Parcel No 159A In the lawsuit
styled CC v. H.A. Street. et ai, Case No. 03-2873-CA (Immokalee Road Project # 60018).
IFiscallmpact $6,900)
4/22/200890000 AM
Meeting Date:
Prepared By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/28/20084:03:52 PM
Approved By
Lisa Taylor
ManagemenUBudget Analyst
Date
Transportation Services
Transportation Administration
3/31/2008 2:58 PM
Approved By
Norm E. Feder. AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
4/1/20087:56 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM.ROW
4/3/20082:51 PM
Approved By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
4/7/2008 11 :45 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
418/20081 :55 pr~
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
418/20084:09 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
4/9/2008 3 :24 PM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
4/9120084:23 PM
file://C:\A2endaTest\Exoort\ 1 05-Aoril%2022.%202008\ 16.%20CONSENT%20AGENDA \ 1.0' 4/16/2008
Page 2 of 2
,f.,geilca item No. '; 5K?
,L\pri! 22, 2008
Page 3 of 7
Approved By
Susan Usher
Senior Management/Budget Analj'st
Date
County Manager's Office
Office of Management & Budget
4111120088:04 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/1312008 6:56 PM
file:l/C:\AgendaTest\ExDort\ 1 05-Anril%2022.%202008\ 16,%20CONSENT%20AnENDA \ 1 h. 4/16/2008
Aaenda item No. 16K7
~ April 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, a political subdivision
of the State of Florida,
Petitioner,
v,
Case No. 03-2873-CA
HA STREET, et aI.,
Parcel No.: l59A
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,
H.A. STREET, for entry of a Stipulated Final Judgment as to Parcel I 59A(One half interest), the
Court finding that the compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA,
is the full compensation due Respondent, H.A. STREET, and the Court being otherwise fully
advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that:
L Respondent, H,A. STREET, shall receive from Petitioner, COLLIER COUNTY,
FLORIDA, the sum of Seventeen Thousand and NollOO Dollars ($17,000.00), as full payment
for the property interests taken and for damages resulting (0 (he remainder, if less than the entire
property was taken, attorney's fees and costs, and for all other damages in connection with said
parcel.
2, Petitioner will be entitled to a credit for the good faith estimate of value
previously deposited in the amount of $\ 0, \ 00.
/\genca :teiTI r'~o. i6K7
,;;pril 22, 2008
Page 5 of 7
3. Within thirty (30) days after receipt of this order, Petitioner shall pay the sum of
Six Thousand Nine Hundred and No/IOO Dollars ($6,900.00) made payable to H.A. Street,
P.O, Box 2100, Grundy, VA 24614,
4, Immediately after entry of the order, the Clerk shall disburse the total amount of
$10, I 00 to Respondent, RA Street, made payable to RA. Street P'o, Box 2100, Grundy, VA
24614,
5, No other defense costs or fees shall be awarded in this cause.
6. Title to Parcel 159A, in fee simple, being fully described in Exhibit "A" attached
hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, FLORlDA,
pursuant to the Stipulated Order of Taking dated October 3, 2003, and the deposit of money
heretofore made, is approved, ralified, and confirmed,
7, The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 3338, Page 1373 of the Public Records of Collier County, Florida, is dismissed as
to Parcell59A
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 $1,521,50, via wire transfer from the Clerk of
Courts to the Board of County Commissioners, Account #313 -1 Ii 1 h 71- h n n 1 R 1; it is further
9. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida; it is further
10, ORDERED lhat this Court retains jurisdiction to enforce the terms of this
Stipulated Final Judgment; it is therefore
DONE AND ORDERED in Naples, Collier County, Florida, this
day of
,2008,
Conformed copies to:
Ellen T, Chadwell, Esquire
H.A. Street
Kevin Hendricks, Transportation Dept.
Accounting
Agenda item No. i6K?
April 22, 2008
Page 6 of7
CYNTHIA A. ELLIS
Circuit Court Judge
JOINT MOTION
The Parties hereby stipulate and respectfully request this Court to enter the foregoing
Stipulated Final Judgment as to Parcel159A (One half interest).
Dated: ':; - 'j!.. &- ZOO ~
,
H.A. Street
P,O, Box 2100
Grundy, VA 24614
(276) 935-2905
(276) 935-4162
Dated\ ? //y/Or
h-l/L- l; t!Ltw~~
'--'"
Ellen T. Chadwell
Assistant County Attorney
Florida Bar No.: 983860
3301 East Tamiami Trail, 8th Floor
Naples, Florida 34112
(239) 252-8400 - Phone
(239) 252-6300 - Facsimile
ATTORNEY FOR PETITIONER
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy ofthe foregoing has been furnished by
U,s. Mail to the parties listed below on this _ day of
B.A, Street
P,O, Box 2100
Grundy, VA 24614
&
28201 Alfred Moore Ct
Bonita Springs, FL 34135
03.0191/82
,2008.
ELLEN T, CHADWELL, ESQ.
.~
o
u
o
IMMOKALEE ROAD
S.R. 846
~ -+-=--
6' UllLlTY EASEMENT
, '~~~T77//7//////~
r ~ ./,' , / / / / . / /, / ,..
//'//// // //// /////
/./','./ "PA~R~Ei:t5~~/ /48.:60'/
./ / /~ ./ / // / ,/ / / /// / ,- ,. /\, L'
/ / ,.. ,/ " i , // / ,/ //',/ -' , ,/
" / / ,,' ,/ , "/ .' / / /' ./ / /_,'
/'/,/_//// //, / ",
/ ;4:3~,J 99,35'5.00J
TRACT 36
G GL UNIT 20
PLAT BOOK 7, PAGE 80
TRACT 37
G,GL UNIT 20
PLAT BOOK 7, PAGE
N
~
o 50 100 150
SC,~LE: 1 "=100
Description:
A portion of Tract 36. Golden Gate Estates, Unit 20,
according to the plat thereof as recorded in Plat
Book 7, Page 80 of the Public Records of Collier
County, Florida, being more particularly described as
follows:
The t~ortherly 94,35 feet together with the South
5,00 feet of the North 99,35 feet of the East 46,00
feet of said Tract 36, Containing 0.721 acres more
or less.
f'ROJEt:r NO.: 60018 I PAACE\,. NO, . 159A
WilsqnMille,"--
.............~.~.an.,.:n.londooop.ArcH.t:e.~~
-,,",
.....~,.........~-r_
I &w/lirtrr.-.IlhJ>>.~IIriir.JD.I!W.,."",,~.Fw~.......--........
!ClI(m,
TIn<
~"
02/0,J
Feb 12. 2003 - 14:4.8:<< ~l.AMUREIJ:\.."rvdw9\lmmokal.. Road\OO 018 OOO.dwg
_'_'0,"",'",
80
0,
"':
5
<Xl
~
'0
0>
b
o
VJ
Notes:
1. This is not a survey.
2. Basis of bearing is
plot
3. Subject to easements,
reservations and
restrictions of record.
4. All dimensions ore plat
unless otherwise noted.
I.\_?'
J
DA"D J, \ ,IT. ,$:\l (FOR lHE FIRM)
FlA. L1C. NO: 58J4 .
NOT VAUO 'M"THDUT 7HE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
UCENSED SURVEYOR AND MAPPER
COLLitR COUNTY DEPARTMENT
OF TRANSPORTATION
SKETCH AND DESCRIPTION
PI [CINO.:
( J/4-000-000-BGOOl
nu: ,",0_,
TH-10
[l.qen:Ja itam No. 16K7
. April ~2, 2008
Page 7 Df 7
EXHIBIT "1.