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Agenda 03/25/2008 Item #16K 6 A08ilda item ~~o. 16K6 .., March 25, 2008 Page 1 of 23 EXECUTIVE SUMMARY Recommendation to approve four settlements for road right-of-way parcels acquired through condemnation for the Oil Well Road Project (Oil Well Road Project #60044). (Fiscal Impact $19,207.00) OBJECTIVE: That the Board of County Commissioners approve the proposed Stipulated Final Judgments for payment of full compensation, expert fees and costs, for the taking of Parcel 149RDUE in Collier County. Florida v. John Goddard, et aI., Case No. 07-3lll-CA, Parcel l54RDUE in Collier Couuty. Florida. v. Patricia K. Carlyle, et aI., Case No. 07-2829-CA, Parcel l59RDUE in Collier County. Florida v. Allen W Barnes, et al.. Case No. 07-2864-CA, and Parcel 1 86RDUE in Collier County, Florida v. Rupert Teny Dupree. et aI., Case No. 07-3328-CA. CONSIDERATIONS: These parcels are all similarly situated and wcre negotiated as a group. In an effort to facilitate this Board's review and consideration, they have been consolidated into one agenda item. The owncrs' enginccr, hired to evaluate the County's construction plans, had concerns about drainage in the after condition along Everglades and opined that the roadway as designed would act much like a dam and result in flooding on the properties. On the basis of this engineering report, the owners filed a counterclaim against the County, alleging a separate taking and damages as a result of the purp0l1ed flooding. Although the County disputed the owners' engineer's contentions, a minor revision in the project plans eliminated any such claim by the owners. As a result of the County's action in revising the plans, the owners' attorney claimed a fee pursuant to Section 73.092(2), Fla. Stat., based on a non-monetary benefit. The chari below identifies the original offers, the deposits made in January, the settlement amounts, and the additional cost to the County should the Board accept staff's recommendation. Each settlement includes $770 for expert fees, primarily engineering fees, and $750 for attorney's fees. Although the County's appraiser opined that land values were $75,000 per acre in early 2007, staff made incentive offers based on $100,OOO/acre. Due to the declining market through 2007, the County's appraisal expert at the time of the Order of Taking hearings in January estimated land values at $35,000/acre, thereby resulting in a significant difference between the original offers and the good faith deposits. Based on this, the final settlements were generally reduced from the original offer as noted below for these small takings. Should litigation continue at this point, the County can expect, at the very least, each owner to obtain an appraisal report to substantiate their value and eOUl1-ordered mediation. These costs are borne by the County and alone can range from $6,500 to $11,000 per parcel. Parcel Offer Deposit Settlement Additional Cost (if approved) 149RDUE $ 5.150.00 $ 1,800.00 $ 5,381.00 $ 3.581.00 I 54RDUE $10,200,00 $ 3,600.00 $ 9,168.00 $ 5,568.00 159RDUE $12,276.00 $ 4,300,00 $10,727.00 $ 6,427.00 186RDUE $ 6,000.00 $ 2,400.00 $ 5.881.00 $ 3,481.00 Total $33,626.00 $12,100.00 $31,157.00 $19,057.00 -- Staff believes the proposed settlements are fair and reasonable both to the propel1y owners and the taxpayers of Collier County. The foregoing settlements are memOlialized in the attached Stipulated Final Judgments. ;",J2nCa item l'lO. 1 Cf~:6 ~ 1'v'larc:h 25, 2003 Page 2 of 23 FISCAL IMPACT: There will be a Clerk's scrvice fee of $150.00 for the deposit of funds in the court registry lor Parcel I 86RDUE. Funds in the amount of $19,207.00 will come from the Transportation SuppOlted Gas Tax Fund and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDA nON: That the Board of County Commissioners approve the proposed Stipulated Final Judgments as to Parcels 149RDUE, 154RDUE, 159RDUE, and I 86RDUE; approve the expenditure and disbursement of funds as stated; and direct staff to deposit the sum of 3,48 1.00 into the registry of the court. PREPARED BY: Heidi Ashton-Cicko, Assistant County Attorney 2 ~';gellda Item t~o. 1 G~Z6 March 25, 2008 Page 3 of 23 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, ..., = g ...., rrl OJ N -l 07-3111-CA _. ::w: 1', 1'<> <..> Petitioner, Case No.: vs. Parcel No.: 149RDUE JOHN GODDARD, et aI., Respondents. / STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made hy Petitioner, COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondent, CONSTAIN CARRILLO, by and through his undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 149RDUE, 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, COLLIER COUNTY, FLORIDA, is the full compensation due Respondent, CONST AIN CARRILLO, and the COUlt being otherwise fully advised in the premises thereof, it is thereupon, ORDERED AND ADJUDGED that Respondent, CONSTAIN CARRILLO, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Five Thousand Three Hundred Eighty-One Dollars and No/l00 ($5,381.00) for Parcel 149RDUE inclusive of attorney's fees, expert fees and costs, as full payment for the property interests taken and for '2i' ::=-;: . "'-- :<c n >:c ?i=: ~." , ..... ;;.i T , ','.; ,'" AgsndJ :tem No, 1 CK6 ['k~~rch 25, 2003 F-age 4 of 23 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 that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit in the amount of One Thousand Eight Hundred Dollars and No/loo ($1,800.00) which was previously deposited into the registry of the Clerk of the Circuit Court toward the acquisition of Parcel 149RDUE at which time title to said parcel as described in Exhibit "A" vested in the name of Petitioner; it is further ORDERED that within thirty (30) days of rcceipt by Petitioner of the Stipulated Final Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the total amount of Three Thousand Five Hundred Eighty-One Dollars and No/IOO ($3,581.00) to the LAW OFFICE OF BELLA Y. PATEL TRUST ACCOUNT, c/o Bella Y. Patel, Esquire, Law Office of Bella Y. Patel, P.A., 13026 Waterford Run Drive, Riverview, Florida 33569 for the balance of ful! compensation due to Respondent; it is further ORDERED that the Clerk shall disburse the total amount of One Thousand Eight Hundred Dollars and No/IOO ($1,800.00) to the LAW OFFICE OF BELLA Y. PATEL TRUST ACCOUNT, c/o Bella Y. Patel, Esquire, Law Office of Bella Y, Patel, P.A., 13026 Waterford Run Drive, Riverview, Florida 33569 for the benefit of Respondent; it is further ORDERED that title to Parcel I 49RDUE, a Perpetual, Non-Exclusive Road Right-of-Way, Drainage and Utility Easement, 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 January 4, 2008, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that this Court reserves jurisdiction to enforce tlle terms of this Stipulated Final Judgment; it is further 2 /\genda ltern ~~o. 16K6 March 25, 2008 Page 5 of 23 ORDERED that the Notice of Lis Pendens filed in this action and recorded in Official Record Book 4280, Page 347 et seq., of the Public Records of Collier County, Florida be dismissed as to Parcel 149RDUE; it is further ORDERED that this Stipulated Final Judgment is subject to approval by the Board of . . County Commissioners; it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida this _ day of ,2008. CIRCUIT COURT JUDGE Conformed Copies: Hcidi Ashton-Cicko, Esquire Bella Y. Patel, Esquire Kevin Hendricks, Acquisition Mgr/Transp. Bookkeeping 3 :~,J0nCa Item ~~o. '1 CI<6 '-' IJarch 25. 2008 Page 6 of 23 JOINT MOTION FOR STIPULATED FINAL JUDGMENT The parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel 1 49RDUE. Dated: Z-hslOg \ Dated: @ HEIDI ASHTON-CICKO, ESQUIRE Florida Bar No. 966770 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 - Telephone (239) 252-6300 - Facsimile ATTORNEY FOR PETITIONER BELL Y. PATEL, ESQUIRE Florida Bar No. 961670 LAW OFFICE OF BELLA Y. PATEL. PA 13026 Waterford Run Drive Riverview, Florida 33569 (813) 643-2762 - Telephone (813) 643-2612 - Facsimile A TTORNEY FOR RESPONDENT 4 ,4genda Item No. '16K6 March 25, 2008 ____--'___.f2:J.E'_Z2f.2l__ PROJECT NO. 60044 PROJECT PARCEL NO. 149RDUE PERPETUAL, NON-EXCLUSNE ROAD RIGHT -OF-WAY, DRAlNAGE AND UTIliTY EASEMENT LEGAL DESCR/PTlON & SKETCH .. (NOT A SURVEY) EXH~ tJ. Page~ THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET OF TRACT 127, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNlY, FLORIDA, CONTAINING 0.052 ACRES, MORE OR lESS. tAST ~OflERTY lINE ~ _.._~.~~.:. _~~~.~,~~:~~.~:~~~:r~~~~ .~~_.._.._.._.. .. ~~~~R~"o/~~~FEE~. _.. PERPElUAJ.. NON-ExClUSIVE ROAD RlGHT-OFoWo,y, DRAINAGE AND UT1UTY EASEt.lENT HORTH PROPERTY UNE SOUllf PACPam' lINE THE NORTH 75 FEET OF TRACT 127 N ........... -- --------- NOT TO SCALE i -. . ; ; I I I I i l , , i , 1 t l 1 i , ! Page 101'2 r:s~n N=>, JI3K6 ;\.1ar'ch 25. 2D03 ?oJe 8 of 23 COLLIER COUNTY BOARD OF COUNTY COMMiSSIONERS Item Number: Item Summary: 16K6 Meeting Date: Recommendation 10 approve four settlements for road right-af-way parcels acquired through condemnation for the Oil Well Road Project (Oil Well Road Project # 60044). (Fiscal Impact $19.20700) 3125/200890000 AM Prepared By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 3151200B 9:22:20 Al~ Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TeeM-ROW 3/10/2008 1 :24 PM Approved By Najeh Ahmad Director Date Transportation S8iV:~:SS Transportation ::.ngineering & Construction fJ:a.nagemsnt 3/10,'20083:18 PM i\pproved By Usa TaYlor ~",anagement.lBudgel Analyst Date Transportation Services Transportation Administration 3/':1/200811:05 AM Approved By Jeff I<Jatzt-cow Assistant County Attorney Date County Attorney C:IL:n~y Attorney Office 3/12/20.082:05 PM Approved By Norm E, Feder, AICP Transportation Division A.dministralcr Date Transportation Services Transportation Servi:es Admin. 3i13/2008 9:59 Anll Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 311412008 1:17 PI~ Approved By OMS Coordinator Applications Analyst Date Administrative Services Infonnation Technology 3/17/20087:41 Ar\ll Approved By Susan Usher Senior rt.anagemenUBudget Ana!yst Date County Manager's Office Office of Management & Budget 3119/:::008 9:59 AM file://C:\AcendaTest\Fxnort\ 1 01-March%"0)'i%)0700R\ Iii %70CON<;FNTO;;,70AGFNnA \ t 1/1 ()/)OOR Page 20f2 1'-,oenda Item No. 16~\6 .... fv1arch 25, 2008 Page 9 of 23 Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/19/20084:45 PM file://C:\Al!endaTest\ExDOIi\ 1 03-March%2025.%20200R\ 1 o.%20CONSFNT%20AGF.NDA \,.. 1/19/200R :t8::1 r-\iO. ~ 6f<,6 ~\':ar;;h ~5, 2003 Page 10 of 23 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CI\1L ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, .... = = => ""l 1"', Case No.: 07-2864-CA ~ -.J Parcel No.: 159RDUE " ::!l: I'.) ''::', ~ ,- . -... - ~n' -.., ,'- -<~. ~ p )>or. ~,,- ~"f o :J!7::,- z-" ;~r vs. ALLEN W. BARNES AS PERSONAL REPRESENTATlVE OF AND SOLE HEIR TO THE ESTATE OF HILDA M. BARNES, et aI., l'\.) W Respondents. / STlPULA TED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents, ROBERT MEDINA and FELlCIT A MEDINA, by aDd through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 159RDUE, 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, COLLIER COUNTY, FLORIDA, is the full compensation due Respondents, ROBERT MEDINA and FELICITA MEDINA, and the Court being otherwise fully advised in the premises thereof, it is thereupon, ORDERED AND ADJUDGED that Respondents, ROBERT MEDINA and FELICITA MEDINA, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Ten Thousand Seven Hundred Twenty-Seven Dollars and No/IOO ($10,727.00) for Parcel 159RDUE inclusive of attorney's fees, expert fees and costs, as full payment for the property ,.!I"Qenca Hem !-lo. 161<6 f'\i1arch 25, 20G8 Page 11 of 23 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 parcel; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit in the amount of Four Thousand Three Hundred Dollars aud No/tOO ($4,300.00) which was previously deposited into the registry of the Clerk of the Circuit Court toward the acquisition of Parcel 159RDUE at which time title to said parcel as described in Exhibit "An vested in the name of Petitioner; it is further ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the total amount of Six Thousand Four Hundred Twenty-Seven Dollars and No/lOO ($6,427.00) to (he LAW OFFICE OF BELLA Y. PATEL TRUST ACCOUNT, c/o Bella Y. Patel, Esquire, Law Office of Bella Y, Patel, P.A., 13026 Waterford Run Drive, Riverview, Florida 33569 for the balance offull compensation due to Respondents; it is further ORDERED that the Clerk shall disburse the total amount of Four Thousand Three Hundred Dollars and No/tOO ($4,300.00) to the LAW OFFICE OF BELLA Y. PATEL TRUST ACCOUNT, c/o Bella Y. Patel, Esquire, Law Office of Bella Y. Patel, PA., 13026 Waterford Run Drive, Riverview, Florida 33569 for the benefit of Respondents; it is further ORDERED that title to Parce1159RDUE, a Perpetual, Non-Exclusive Road Right-of-Way, Drainage and Utility Easement, 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 January 4, 2008, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that this Court reserves jurisdiction to enforce the terms of this Stipulated Final Judgment; it is further 2 :L:-,iTi ;-J:J. Gf~6 fJhr,::h 25. 2008 t:Jage 12 of 23 ORDERED that the Notice of Lis Pendens filed in this action and recorded in Official Record Book 4273, Page 4101 el seq., of the Public Records of Collier County, Florida be dismissed as to Parcel 159RDUE; it is further ORDERED that this Stipulated Final Judgment is subject to approval by the Board of County Commissioners; it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida this _ day of m~m_' 2008. CIRCUIT COURT JUDGE Conformed Copies: Hcidi Ashton-Cicko, Esquire Bella Y. Patcl, Esquire Kevin Hendricks, Acquisition MgrlTransp. Bookkeeping 3 ,L\:Jenda item 1\10. 1 !:J}(6 oJ ~"~arch 25, 2D08 Page 13 of 23 JOINT MOTION FOR STIPULATED FINAL JUDGMENT The parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel ]59RDUE. Dated: BELA Y. PATEL, ESQUIRE Florida Bar No. 961670 LAW OFFICE OF BELLA Y. PATEL. P .A. 13026 Waterford Run Drive Riverview, Florida 33569 (813) 643-2762 - Telephone (813) 643-2612 - Facsimile ATTORNEY FOR RESPONDENTS @ HEIDI ASHTON-CICKO, ESQUIRE Florida Bar No. 966770 OFFICE OF THE COUNTY A ITORNEY Harrnon Turner Building 330] East Tamiarni Trail Naples, Florida 341]2 (239) 252-8400 - Telephone (239) 252-6300 - Facsimile A TTORNEY FOR PETITIONER 4 I """1'(_':"1;- r~<E;n,:JJ i:::;-rn ~~o. 1 (~!-<,6 MSfCh 25. 20G3 ~---~'------------'~~~---~--~.------.-----F2<~...1.4.-Of..2.2.__ PROJECT NO. 60044 PROJECT PARCEL NO. 159RDUE PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT DC LEGAL DESCRIPTION & SKETCH EXHI~JT _ A (NOT A SURVEY) Page~1 THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 180 FEET OF TRACT 124, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING D. 124 ACRES, MORE OR LESS. EAST PROPERr'I' LIHE I _.,L..~~!..~,~. _~:r:~.l.~.~~:~~~~.~!.~~~~.~~~~~ .J.~~.._u_.._.._.._.. .. _~.OP~.~'?;IT.:ff~~Y~~.E!L.. PERPE'IUAl NOI'H'XCLUSNE ROAD RIGHT-oF-WAY. DRAINAGE AND UTIUlY EASEMEloIT NOFml PROP:RTY UNE SOUTH PROParTY LINE THE NORTH 180 FEET OF TRACT 124 j I I t ! NOT TO SCALE , J , I Agenda :tsm ['>Jo. 16K6 i'v':arch 25, 2008 Page 15 of 23 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, ~.~ = """ => ..... rf'l OJ l',) ...... Petitioner, -. :x 07-2829-CA F:',' !'" W Case No.: vs. Parcel No.: 154RDUE P A TRlCIA K. CARLYLE, et aI., Respondents. / STIPULATED FINAL JlTDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents, PEDRO PARDO and MERCEDES PARDO, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel I 54RDUE, 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, COLLIER COUNTY, FLORIDA, is the full compensation due Respondents, PEDRO PARDO and MERCEDES PARDO, and the Court being otherwise fully advised in the premises thereof, it is thereupon, ORDERED AND ADJUDGED that Respondents, PEDRO PARDO and MERCEDES PARDO, have and recover from Petitioner, COLLlER COUNTY, FLORIDA, the sum of Nine Thousand One Hundred Sixty-Eight Dollars and No/100 ($9,168.00) for Parcel 154RDUE inclusive of attorney's fees, expert fees and costs, as full payment for the property interests taken r~ -~ ~.; ~1(' -<iT' ~,r'l -,\..." ..."j-y ~~t 4>,\-1' <""1\ -~:) :\cjsnda j~em No. '16l<.6 - March 25, 2008 Page IG of 23 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 parcel; it is further ORDERED that Petitioner, COLLIER CO'UNTY, FLORIDA, is entitled to a credit in the amount of Three Thousand Six Hundred Dollars and No/IOO ($3,600.00) which was previously deposited into the registry of the Clerk of the Circuit Court toward the acquisition of Parcel 154RDUE at which time title to said parcel as described in Exhibit "A" vested in the name of Petitioner; it is further ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the total amount of Five Thousand Five Hundred Sixty-Eight Dollars and No/IOO ($5,568.00) to the LAW OFFICE OF BELLA Y. PATEL TRUST ACCOUNT, c/o Bella Y. Patel, Esquire, Law Office of Bella Y. Patel, PA, 13026 Waterford Run Drive, Riverview, Florida 33569 for the balance of full compensation due to Respondents; it is further ORDERED that the Clerk shall disburse the total amount of Three Thousand Six Hundred Dollars and No/IOO ($3,600.00) to the LA W OFFICE OF BELLA Y. PATEL TRUST ACCOUNT, c/o Bella Y. Patel, Esquire, Law Office of Bella Y. Patel, P.A., 13026 Waterford Run Drive, Riverview, Florida 33569 for the benefit of Respondents; it is further ORDERED that title to Parcel 154RDUE, a Perpetual. Non-Exclusive Road Right-of-Way, Drainage and Utility Easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Pelitioner, COLLIER COFNTY, FLORIDA, pursuant to the Order of Taking dated January 4, 2008, and thc deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that this Court reserves jurisdiction to enforce the terms of this Stipulated Final Judgment; it is further 2 /\genda Item No, 16K6 i'v1arch 25, 2008 Page 17 of 23 ORDERED that the Notice of Lis Pendens filed in this action and recorded in Official Record Book 4272, Page 3641 et seq., of the Public Records of Collier County, Florida be dismissed as to Parcel I 54RDUE; it is further ORDERED that this Stipulated Final Judgment is subject to approval by the Board of County Cornmissioners; it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambcrs at Naples, Collier County, Florida this _ day of ,2008. CIRCUIT COURT JUDGE Conformed Copies: Heidi Ashton-Cicko, Esquire Bella Y. Patel, Esquire Kevin Hendricks, Acquisition Mgr/Transp. Bookkeeping 3 t\:Ellda it;3m ~'-Jo, 161\.6 ~ h':arch 25, 2003 Page 18 of 23 JOINT MOTION FOR STIPULATED FINAL JUDGMENT The par1ies hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to PareeI154RDUE. Dated: Dated: BELLA Y. A TEL, E QUIRE Florida Bar No. 961670 LAW OFFICE OF BELLA Y. PATEL. P.A. 13026 Waterford Run Drive Riverview, Florida 33569 (813) 643-2762 - Telephone (813) 643-2612 - Facsimile ATTORNEY FOR RESPONDENTS HEIDI ASHTON-CICKO, ESQU Florida Bar No. 966770 OFFICE OF THE COUNTY ATTORNEY Hannon Turner Building 3301 East Tarniami Trail Naples, Florida 34112 (239) 252-8400 - Telephone (239) 252-6300 - Facsimile ATTORNEY FOR PETITIONER 4 "lL' p,genda Item No. 161<.6 March 25, 2008 Page 19 of 23 ~._-_._--~---,----------_. " " - . . .. PROJECT NO. 60044 PROJECT PARCEL NO. 154RDUE PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTIUlY EASEMENT c lEGAL DESCRIPTION & SKETCH (NOT A SURVEY) EXHIBIT A ~~37t111 THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 150 FEET OF TRACT 126, GOLDEN GATE ESTATES UNIT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF COlLIER COUNTY, flORIDA, . CONTAINING 0.103 ACRES, MORE OR LESS. F.l..'IT PROPF.r<:TV litE I It'" W"'....5TtW.FOF EXlSTING100FOOTWIOE~lADES.BOOlfVARORfGHT-oF-WA.Y (SCFEET>/ -"-"-"-..-..-., -. _.._.,_.,~.._.,_.._.._.,_.,-,._,._.._.._.,_.._..- .-..-.,-..-..-..-..-,.-., .. ~~~~~.~~Y.~!!!l. _.. I'ERPE11JAl.IION-ExcI..usM: ROAD RIGHT-oF-WAY, DRAINAGE AND UTJIJ1Y EA5EIlENT . NORTH PROPERlY U SOlIDi F'RClF'mTY UNE THE SOUTH 150 FEET OF TRACT 126 N - ---- ~ v I I I I j , ; i i i . I , , ! I NorTO SCAlE /\ge;-icJa item f-Jo, i EjhB I\~,~rch 25, 2008 Page 20 of 23 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIA.L,Cj~<;;VIT11j: IN AND FOR COLLIER COUNTY, FLORmA~JNiY A~' CIVIL ACTION 2008 FEB 29 ~i1 J: 18 COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 07-3328-CA vs. Parcel No.: 186RDUE RUPERT TERRY DUPREE AKA R. TERRY DUPREE, et aI., Respondents. / STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Rcspondent, RUPERT TERRY DUPREE aka R. TERRY DUPREE (hereafter "Respondent"), by and through his undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 186RDUE, 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, COLLIER COUNTY, FLORJDA, is the full compensation due the Respondent, and the Court being otherwise fully advised in the premises thereof, it is thereupon, ORDERED AND ADJUDGED that the Respondent, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Fiye Thousand Eight Hundred Eighty-One Dollars and No/lOO ($5,881.00) for Parcel I 86RDUE inclusive ofattomey's fees, expert fees and costs, as full payment for the property interests taken and for damages resulting to thc rcmainder, if lcss than the entire property vvas taken, business damages, E...'1d for all otl)er damages in connection ',lliLtt said parcel; it is further P\';J8nda item t~o. 16~(6 f\~arch 25, 2008 Page 21 oi 23 ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit in the amount of Two Thousand Four Hundred Dollars and No/tOO ($2,400.00) which was previously deposited into the registry of the Clerk of the Circuit Court toward the acquisition of Parcel 186RDUE at which time title to said parcel as described in Exhibit "A" vested in the name of Petitioner; it is further ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an additional Three Thousand Four Hundred Eighty-One Dollars and No/tOO ($3,481.00) into the registry of the Clerk of the Circuit Court for the benefit of Respondent; it is further ORDERED that disbursement of the sums on deposit in the Court Registry shall be by further order of this Court; it is finther ORDERED that title to Parcel I 86RDUE, a Perpetual, Non-Exclusive Road Right-of-Way, Drainage and Utility Easement, 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 January 4, 2008, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that this Court reserves jurisdiction to enforce the terms of this Stipulated Final Judgment; it is further ORDERED that the Notice of Lis Pendens filed in this action and recorded in Official Record Book 4284, Page 1714 et seq., of the Public Records of Collier County, Florida be dismissed as to Parcel I 86RDUE; it is further ORDERED that this Stipulated Final Judgment is subject to approval by the Board of County Commissioners; it is finther ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore 2 i:cm ~'JG. ~i!3i",5 >krch 25, 20:18 t"a'08 Z2 of Z3 day of DONE AND ORDERED in Naples, Collier County, Florida on this ,2008. CIRCUIT COURT JUDGE Conformed Copies: Heidi F. Ashton, Esquire Bella Y. Patel, Esquire Sandra Little, Esquire E. Glenn Tucker, Esquire Countrywide Home Loans, Inc. Countrywide Bank NA Gulf Coast Restoration Service LLC Kevin Hendricks, Acquisition Mgr/Transp. Bookkeeping JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, RUPERT TERRY DUPREE aka R. TERRY DUPREE, hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcel186RDUE. Dated: .1..\dl\ \01:' _ ~\I~~I,\ BELLA Y. PATEL, ESQUIRE Florida Bar No.: 961670 BELLA Y. PATEL, PA 13026 Waterford Run Drive Riverview, FL 33569 (813) 643-2762 - Telephonc (813) 643-2612 - Facsimile ATTORNEY FOR RESPONDENT Dated: HEIDI ASHTON-CICKO, ESQU~ Florida Bar No.: 966770 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 252-8400 - Telephone (239) 252-6300 - Facsimile ATTORNEY fOR PETITIONER 3 /~genda Item r'~o. 16K6 f'v1arch 25, 20CJS -.---.-------pq::;re--Z:;-TJ1Lj-- PROJECT NO. 80044 PROJECT PARCELS NO. 188RDUE PERPETUAL, NON-EXCLUSIVE ROAD RIGHT -OF.WAY, DRAINAGE AND UTI LIlY EASEMENT LEGAL DESCRIPTION AND SKETCH EXHIBIT A (NOT A SURVEY) Page..L.L:i~ THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 117, GOLDEN GATE ESTATES, UNiT NO. 64, AS RECORDED IN THE PUBLIC RECORDS OF . COLLIER COUNTY, FLORIDA. CONTAINING 0.052 ACRES, MORE OR LESS. EASi PROPERTY LNE j _hL..~~~:.~~~~~.'~,~_~~.E:~~ .~~R PROPOSEDAODmCJl..JALRIGfiT-oF-WAYr.l()FEEn --'" ".(JF-IVf<.'f :50Fal/ Nnrffi.ltJR'nP"~Tr'III>JF . THE SOUTH 75 FEET OF THE NORTH .... ~t)!m;PR~~'Ir.& 150 Fm OF TRACT 117 PERPE1UAL, NON-8(CLUSIVE ROAD RlGHT.oF..\\i6.Y, DfWNAGE AND UllUTY EASEMENT ! i i. 1 i NORTH NOT TO SCALE