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Agenda 02/26/2008 Item #16K 3 Agenda Item No. 151<3 FebrLiary 26, 2008 EXECUTIVE SUMMARY Page 1 of 10 r-. Recommendation to approve a Stipulated Final Judgment in the amount of $42,000.00 for Parcels 126FEE and 126TDRE in the lawsuit styled Collier County. Florida 1'. ilHehael .I. Crouch, et al., Case No. 07-3691-CA (Oil Well Road Project No. 60(44), (Fiscal Impact $17,762,(15) OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment in the amount of $42,000.00 fbr payment of full compensation for the taking of Parcels] 26FEE and 126TDRE in the lawsuit styled Co!lIer Coul1ly, Florida 1'. Michael.!. Crouch, el aI., Case No. 07- 369]-CA (Oil Well Road Projectl\io 6(044). CONSIDERA TIONS: The Board of County Commissioners previously approved this settlement on December 1 1,2007, Agenda Item 16](4. The total Gscal impact was $45,762.05. Because the County did not receive the signed Stipulated Order of Taking and Final Judgment fl'om the owners before the Order of Taking, the County acquired the subject property by entry of an Order of Taking on January 4, 2008 and by depositing the amount of $28.000.00 into the Couti Registry on January 15. 2008. If the settlement is re-approved, the County is responsible for the j~>Ilowing costs ($45,762.05 - $28,000.00 = $17,761.05]: . Additional Deposit/Disbursement Amount: $ ] 4.0()0.OO . Clerk's Fee: S 150.00 . Expeli Fees and Costs: $ 2,000.00 "- . Reasonable Attorney's Fees; $ 1.612.05 TOTAL S 17.762.05 "Attorney's fees are mandated by ~n.092. F.S., and are based on 33'% o!'the total benelit achieved. i.e., 0.33 x ($37,1 ] 5 - $42,0(0). Attached is the proposed Stipulated Final Judgment providing for tbe abm'e costs. The Stipulated Order of Taking and Final Judgment, which was approved by the Board on December J I, 2007, was conditioned upon Respondents. pro\'iding to Petitioner an executed copy of the sales contract pertaining to the rcmainder trac1 and Respondents" ks~ing out Parcds 126FEE and 126TDRE fi.om the deed conveying the remainder tract to " third part)'. The Respondents did not less out the parcels from the deed at the closing which neee,;sitilted modifying the terms of the Stipulated Final Judgment as f{)lknls 1. Aftel. deposit of the additional funds into the Court Registry, the County shall have no responsibility for the subsequent disbursement. aller apporiion1l1ent. of the funds on deposit in the Couli Registry: and 1 All funds on deposit which arc subsequently disbursed to or for the benefit of Respondents, Michael J. Crouch and Patricia Crouch. shall be disbursed in accordance with the Post Closing and Escrow Agreement dated November 16. 2007 by and between J\lichael J. Crouch, Patricia Crouch, Gary A. Spiert and Michael E. Spiert. .- .'~-",..._._,.,,-<,. ""'.,'.'. >O.^'''".__~H__ ,'~\:}enca 11.8rn Hr). '1,3f<3 Febr:.;ary 26, 2Q~i8 PagE' 2 Df 10 FISCAL IMPACT: Funds in thc mnount of S] 7,7iJ2.05 will comc fi.ol1l tbe Tral1sportation Suppcllicd Tax Fund and Impact Fee Funds. Source of ilmds are Gas Taxes and Impact Fees. This ilscal impact was prcvious]y approved on December II. 2007. Agenda Item! 6K4. GROWTH MANAGEME'\'T IMPACT: None. RECOMMENDA no'\;: That thc Board of County Commissioners: ]. Approvc the Stipulated Final Judgment as to Parcels] 26FEE and] 2iJTDRE; 2. ..\pprovc tbc expcnditure and disburscmcnt of funds as stated: and 3. Direct staff to d"l'osit tbe funds into the Court Rcgistry. PREPARED BY: Heidi Ashton-Cicko, Assistant County Attomey 2 Page 1 of2 f\genda item t'0o. 16K3 February 26, 2008 Page 3 of 10 COLLIER COUNTY BOARD OF COUNTY COMMiSSIONERS Item Number: "16K3 Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of $42,00000 for Parcsls 126FEE and 126TDRE in the lawsuit styled Collier County, Florida y, Michael J CroLlch. et al Case No 07-3691-CA (011 Well Road Project No 60044), (Fiscal Impact $1776205) Meeting Date: 2/26/20089:00:00 AM Prepared By Heidi F. Ashton Assistant :::'ounty Attorney Date County Attorney County Attorney Office 2/13/200811:09:30 AM Approved By Najeh Ahmad Director Date Transportation Engineering & Transportation Services Construction Management 2113120083:43 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin, 2113120084:43 PM Approved By fZevin Hendl"'j::f::s Ri:Jht Of Way Acqu~sit!on lV:anager Date Transportation Services T=:::I{,.R:)W 2113,'':';00E 4:47 PM Approved By Sharon Newman ACCCluntng Supervisor Date Transportation Servk;es TranspcrtztiorJ Services t,dmin 2!~ 3!':';008 5:31 PM Approved By Usa Tayior h!ianagementfSuaget t:.r.al}'st :),:;:te -;-ranspor.atiol~ ServicEc>s Tr<'lnsp'J;.:atiol1 Administration 2./14/20088:36 AM Approved By OMS Coordinator Applications Ana:~'st Date Administrative Services Information Technology 2114120084:30 PM Approved By David C. Weigel County Attorney Date County Attorney Count~l' Attorney .office 2/15/200811:58 AM Approved B)' Susan Usher Senior Management/Budget Ar.a!j'st D<::ta County Manager's Office Office of Management & Budget 2/15/20081:14 PM file:/IC:\Agenda Test\ExDort\ 1 0 l-Februarv%2026, %202008\ 16.%20CONSENT%20AGEND... 2/20/2008 -."" "" . _m~""~"~,,_,"~',,,"," .-"_._.,'--,"."'~ ---'.'" Page 2 of 2 ,~: ,( .:' ,,'n,) 26. 2:):i8 -4 of ~ 0 Approved By James V. Mudd County rJianager Date Board of County Commissioners County W,anager's Office 2118/20087:10 PM file:/IC:\AgendaTest\Export\ I 0 I-Februarv%2026,%202008\ 16.%20CONSENT%20AGEND... 2/20/2008 ------ ---'-- 01/30/2008 15:04 8136432612 BELLAPATEL tge'2-oa :t'Pl\~ Jf&;3 r-ebrcary 6, ,_ 08 Page 5 of 10 - IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CmCUIT IN AND FOR COLLmR COUNTY, FLORIDA CIVIL ACTION I, I COUlER COUN1Y, FLORIDA, a political 1 subdivision of the Stale of Florida, Petitioner, Case No.: 07-3691-CA ys. Parcel Nos.: 126FEE,126TDRE MICHAEL J. CROUCH, et aI" Respondents. I STIPULATED FINAL JUDGMENT TIllS CAUSE having come before the Court upon Joint Motion made by Petitioner, COlLIER COUN1Y, FLORIDA, by and through the undersigned counsel, and Respondents, MICHAEL J. CROUCH and PATRICIA CROUCH, (hereafter "Respondents"), by and through I their undersigned counsel. for entry of a Stipulated Final Judgment as to Parcels 126FEE and 126'IDRE 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, COlllER COUNTy, FLORIDA, is the full compensation due Respondents, MICHAEL J, CROUCH and PATRICIA CROUCH, and the Court being otherwise fully advised in the premises thereof, it is thereupon, ORDERED AND ADnJDGEO that Respondeots, MICHAEL J. CROUCH and PATRICIA CROUCH, have and recover from Petitioner, COLLIER COUNTy, FLORIDA, the sum of Forty. Two TbOUliand Dolllll1il and No/lOO ($42,000.00) for Parcels 126FEE and 1261DRE as full ,-" payment for the propeny interests taken and for damages resulting to the remainder. if less than the , I i - ----------- __,,,.0" ---.- "~ .'^""'-..-"'.-- _._,~--"~ - -.- D1/3€l/2€l08 15:04 8135432512 BE~LAPATEL L;;'2r;.r~o it~'PA~S:' :'IJ;13 ~,,--'biuary ':::0, L' '.is P3;J26 of iO entire property was taken, business damages, and for all other damages in connection with said parcels; it is furtJ\er ORDERED that Respondents, MICHAEL J. CROUCH and PATRICIA CROUCH, receive from Petitioner, COLLIER COUNTY, FLORIDA, as a reasonable attorney's fee the sum of One Thousand Six Hundred Twelve DoUars and 05/100 ($1,612.05), pursuant to *73.091, F.S.; it is further ORDERED that Respondents, MICHAEL J. CROUCH and PATRICIA CROUCH, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Two Tbousand Dollars and No/100 ($2,000.00) for engineering fees of DMA Engineering, Inc. No other attorney's fees, expert fees or costs are awarded in this matter; it is further ORDERED that Petitioner, COUJER COUNTY, FLORIDA, has previously deposited the amount of Twenty-Eight Thousand Pollan; and No/IOO ($28,000.00) into the registry of the Clerk of the Circuit Court toward the acquisition of Parcels 126FEE and 126IDRE at which time title to said parcels 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 I I Judgmomt entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an I , i additional Fourteen Tbousand Dollars and No/lOO ($14,000.00) into the registry of the Clerk of the Circuit Court for the benefit of Respondents, MICHAEL J. CROUCH and PATRICIA CROUCH; 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 further ORDERED, after deposit of the additional funds in the Coun Registry, the County shall have no responsibility for the subsequent disbursement, after apportionment, of the funds on deposit in the Court Registry; it is further I 2 I ~ ---- -- -- ---- 01/30/2008 15:0~ 8135~32512 BELLAPATEL .L.genda Item f\jo. 16K3 Februal.f~200g Page 7 of 10 ~ ORDERED that all funds on deposit which are subsequently disbursed to or for the benefit of Respondents, MICHAEL J. CROUCH and PATRICIA CROUCH, shall be disbursed in accordance with the Post Closing and Escrow Agreement dated November 16,2007 by and between Michael 1. Crouch, Patricia Crouch, Gary A. Spielt and Michael E. Spiert.; it is further ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Order of Taking and Final Judgment entered by the Court, Petitioner, COlLIER COUNTY, FLORIDA, shall disburse !he tOtal amount of Three Thousand Six Hundred Twelve Dollars and as/tOO ($3,612.115), to BELLA Y. PATEL, ESQUIRE, Law Office of Bella Y. Patel, P.A., 13026 Waterford Run Drive, Riverview, Florida 33569 for attorney fees and planning fees; it is further ORDERED that title to Parcel 1UPEE, a Fee Simple Interest, and Parcel 126TDRE, a Temporary Driveway ReconstrUCtion Easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, FLORIDA, I pUISuant to the Order of Taking dated January 4, 2008, and the deposit of money heretofore made, is approved, ratified, and confIrmed; it is funhe, ORDERED that this Court reseJVes jurisdiction to enforce the terms of this Stipulated Final J udgroent; it is further ORDERED that the Notice of Lis Pendens in this cause recorded in Official Record Book 4292, Page 0557, et seq., of the Public Records of Collier County, Florida shall be dismissed lI$ to Parcels 126FEE and 126TDRE; it is further ORDERED that this Stipulated Final Judgment is subject to approval by the Board of County CommissioneJ'S; it is further I ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of I Collier County, Florida; it is therefore .~ i 3 J I I "'~',--",-'--"~.- ~ '-'-'. -'--..-,- -,_. 01(30(2008 15:04 8135432512 BiOLLAF'ATEL ,: '-~.:>~,r;3 Ifr:;y'-' (, I,~ 1 ;:.-":~' ") . .,.~,o. . "PAG '0S:-; ~C'/'" 's.r) ,~ ','1 8 , ",_ '---'~" ,_,-, ...'J~I P39S -3 of I] DONE AND ORDERED in Chambern at Naples, Collier County, Florida this _ day of .2008. CIRCUIT COURT JUDGE Conformed CODies: Heidi Ashton-Cicko, Esquire Bella Y. Patel, Esquire E. Glenn Tucker. Esquire Helga P. Bellman Bigley, Trustee Transrnedia Network, me, , M & I Marshall and Dsley Bank , I Kevin Hendricks, Acquisition Mgrffransp. I Bookkeeping I JOINT MOTION FOR srIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcels 126FEE and 126TDRE, @ Dated: BE A Y. PAT L, ESQUIRE HEIDI ASHTON-CICKO, ESQUIRE Florida Bar No.: 961670 Florida Bar No.: 966770 LAW OFFICE OF BELLA Y. PATFl-. P.A. OFFICE OFTIIE COUNTY ATTORNEY 13026 Watelford RIlO Drive HllIIllon Turner Building Riverview PI.. 33569 3301 East Tamiami Trail (813) 643-2762 - Telephone Naples, F1.. 34112 (813) 643-2612 . Facsimile (239) 252-8400 - Telephone A TIORNEY FOR RESPONDENTS (239) 252-6300 - Facsimile i ATIORNEY FOR PETITIONER I 4 i , , i 8136432612 BELLAPATEL Agenda R~EiEI'loI'l66K3 01/31'1/21'11'18 15: 1'14 February 26, 2008 Page 9 of 10 . .-., ,'.- -. , i .....,l. ,."... ....,.. -- ._- --"..~.. . I PROJECT NO. 60044 EXHIBIT /{ I PROJECT PARCEL NO, 126 FEE FEE SIMPLE INTEREST Paga...uof (C:; (, I LEGAL DESCRIPTION & SKETCH (NOT A SURVeY) THE NORTH 21 FEET OF TRACT 49A. GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7. PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.159 ACRES, MORE OR lESS, L PJr:CJlOSS:lADOnlOWll.. RJQH1.or:.wAV~1 FSErJ . '[~l':'.- "-' '-"-~._" FEE SIMPl.E INTeReST WES"ROP$IY .!5U'l" PROPER'TV tWB TRACT 49A i " I N I 0 R T H, - '. NOT TO SCJ!LE ~ .'---,",,-,,- m M~_,_,,,,,'_ -,-,-----,,~-'- '_'N___ BSLLAPATEL f',,~?...,,~.~.PAG~ (;~71::"'t." 8135432512 '-"::;.;'-,1,"'0 Il~ I" . ,.....,\..,) 51/30/2008 15: 134 r::!bruary 26, 2008 Pape~IOof10 I .. n<'_"" .J .....-,,--- ,-,~ EXHIBIT-ikr Page 4-?; of LEGAL DESCRIPTION AND SKETCH ismporary Driveway Restoration Easement Perael No. 126 TORE {ThIs Is not a Field SUN~ DESCRIPTION The east 32.0 feet of the West 69.5 feet 01 the South 25.0 f"et of the North 46.0 feel of Tract 49A, Golden Gate 5Btataa. Unit No. 64, es I"l!lcorded In Plat Book 7, Pace 64 01 the Public Records of Collier County, FlOrida. Containing 800.0 squere leet, more or leas. TEMPORARY ORIWW,\y R!&lllAATION &.selENT -. lOOl1ATlojU YI!ARS. . . " '". ~. --- OIL WELL RD, (C,R. 858) (100' R/W) EXIS11NG RIGHT-Of.-WAY UNE' S 89'31110'" E 3;\0.0' -:2.1.0' 21.0.- ~. '" ~..o'"' .~,-w=,,,"", '" ~L_J~ "' <0 32.0'\ "' ~ ~ " N 37.5' T"'...MPORARY DRIVEWAY - RESTDAAllON EASEMENT NOT TO SCALE UJ NO, 125 TORE S: , (BOO.OOt SQUARE FEET) . 0 ~ ~ m '0> r 0 TRAar 49A r 0 0 0 z '" N 89'4(1'50' W 330.0' j ! I . BEARlNG5 AND DIMENSIONS SHaWN ~ I BAS5D ON ll-lE PLAT OF OOLDEN GATE ESTATES, UNIT 64, COWER COUNTY. FL ! . . .' SHEET't OF 1 Ui!OIi.____,....~>>Cwan::H~DY J.W".U~I'A . .-......"'.....\ cra.1&OPf\.CN)oI.CSU'FD'o.~CfI~~,J'a. UI .,' " ~ OCUJeAco.,c:tUMIilU..~':.(:'~... 'r"', I ..' /.r.'~' '.. .. 1 I ~.A.. ~ ~;. ~1~lH" <;.';..:. lr ~OI..\uaLROAD ,...,.;.:l:,....'...'rr'. ........ . . :.... ..:..:~;,\..'..c,' '....\,}...i- " ~1lX.B1L1."~~N-.IIJ~ 0A"llt: JlPD..UI,~1 ' :;;>:..~if!:. 12'0t,,::'~':,i.\ ': 8'rATI:'a:I'\.DAQ\~TIONL..l::!!NU~. La !lei . _~. ._,...~. ,.,~~'~:.,;:.~:::;,~'~:~I.~~~' 'i, _ _m A 1\,JIir!"/'J"llJrO.r""IT"'l~ --