Agenda 02/12/2008 Item #16K 1
Agenda Item No, 16K1
February 12, 2008
Page 1 of9
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment for Parcel No. 187RDUE in the
lawsuit styled CC v. Joseph Noel, et aI, Case No, 07-3200-CA (Oil Well Road Project #
60044). (Fiscal Impact $6,424.50)
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,
187RDUE in the lawsuit styled CC v, Joseph Noel, et 01, Case No, 07,3200,CA(Oil Well Road
Project # 60044),
CONSIDERATIONS: Prior to suit, staff offered the Respondents, Joseph Noel and Rose
Jean, $ll,850,00 which was rejected, The County acquired the subject property by entry of an
Order of Taking and by depositing the sum of $9,100,00, Through negotiation, the County and
Respondents negotiated the proposed settlement of $14,025,00 as full compensation for the
taking of Parcel No.187RDUE, ln addition, the settlement provides for payment of statutory
attorney's fees and expert fees and costs in this case, See the attached Stipulated final
Judgment.
If approved, the County will pay the following costs:
. Additional Compensation:
. Attorney's Fees:
. Appraisal Fees
. Clerk of Court Fees:
TOTAL
$ 4,925,00
$ 874,50
$ 475,00
$ l50,00
$ 6,424,50
FISCAL IMP ACT: Funds in the amount of $6,424,50 are available in Impact Fees and/or Gas
Taxes,
GROWTH MANAGEMENT IMP ACT: None,
RECOMMENDATION: That the Board of County Commissioners:
I, Approve the Stipulated Final Judgment as to Parcel No, l87RDUE;
2, Approve the expenditure of funds as stated,
PREPARED BY: Ellen T, Chadwell, Assistant County Attorney
07-3200..cA/1932
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Page I of 2
Agenda Item No, 16K1
February 12, 2008
Page 2 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16K1
Recommendation to approve a Stipulated Final Judgment for Parcel No. 187RDUE in the
lawsuit styled CC v Joseph Noel, et ai, Case No. Q7 -3200-CA (Oil Well Road Project #
60044), (Fiscal Impact $6,424.50)
2112120089,00:00 AM
Item Number:
Item Summary:
Prepared By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
1129120082:57:16 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
1129120083,23 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Ma.nagement
113012008 8:12 AM
Approved By
S haran Newman
Accounting 5uper.risor
Date
lransportation Services
Transportation Services Admin
1:30:200810:32 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TEeM-ROW
11301200810,33 AM
Approved By
Lisa Taylor
ManagementJBudget Analyst
Date
Transportation Services
Transportation Administration
1t30f200B 11:01 AM
Approved By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
1130120081:41 PM
Approved By
David C. Weigel
County Attorney
Date
County Attorney
County Attorney Office
113012008 3:50 PM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
1131120088:36 AM
file://C:\AgendaTest\Export\ 1 OO,F ebruary%20 12,%202008\ 16, %20CONSENT%20A GEND '" 2/6/2008
Page 2 of 2
Agenda Item No, 16K1
February 12, 2008
Page 3 of 9
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
214120084:46 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
2/612008 12: 15 PM
fi le:IIC :\Agenda Test\Export\ 1 OO,F ebruary%20 l2, %202008\ 16, %20CONSENT%20A GEND,.. 2/6/2008
Agenda Item No, 15K1
February 12, 2008
Page 4 of 9
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,
v,
Case No, 07-3200-CA
JOSEPH NOEL, et aI.,
Parcel No.: l87RDUE
Respondents.
/
STIPULATED FINAL JUDGMENT
THIS CAUSE, having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, JOSEPH NOEL AND ROSE JEAN, and
MERS, as nominee for Countrywide Home Loans, Inc" by and through their undersigned
counsel, for entry of a Stipulated Final Judgment as to Parcel No, 187RDUE, the Court finding
that the compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA, is the full
compensation due Respondents, JOSEPH NOEL AND ROSE JEAN, and the Court being
otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that:
L Respondents, JOSEPH NOEL AND ROSE JEAN, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the swn of Fourteen Thousand Twenty Five and No/tOO
Dollars ($14,025.00) for Parcel l87RDUE, as full payment for the property interests taken and
for damages resulting to the remainder, if less than the entire property was taken, and for aU
other damages in connection with said parcel.
Agenda Item No, 16K1
;'"'C;L1UQIY ~2, :008
Page 5 of 9
2. Petitioner will be entitled to a credit in the amount of $9,100,00 from the good
faith deposit made in accordance with the Order of Taking,
3, Respondents, JOSEPH NOEL and ROSE JEAN, shall receive the sum of Eight
Hundred Seventy-Four and 50/100 Dollars ($874.50) for attorney's fees, and the sum of Four
Hundred Seventy-Five and NollOO DoUars ($475.00) for reasonable appraisal expert fees and
costs, No other costs and attorney's fees, including supplemental attorney's fees, shall be
awarded in this cause,
4, Title to Parcel No, I 87RDUE in Perpetual, Non-Exclusive Road Right-of-Way,
Drainage and Utility easement, being fully described in Exhibit "An attached hereto and
incorporated herein, which vested in Petitioner, COLLIER COUNTY, FLORIDA, pursuant to
the Order of Taking dated January 4, 2008, and the deposit of money heretofore made, is
approved, ratified, and confirmed,
,
5, The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 4281, Pages 4054-4061 of the Public Records of Collier County, Florida, is
dismissed as to Parcel No, 187RDUE,
6, Within thirty (30) days from the date of this order, Petitioner shall deposit into the
Court Registry the aggregate sum of Six Thousand Two Hundred Seventy-Fonr and 50/100
Dollars ($ 6,274.50),
7, Respondent, MERS, as nominee for Countrywide Home Loans, Inc" shall receive
the compensation awarded in ~is cause, to be applied to the indebtedness secured by the
mortgage lien and for the benefit of Joseph Noel and Rose Jean,
8, Immediately ~r the deposit is made the Clerk shall disburse the sum of
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Agenda Item No, 16K1
February 12, 2008
Page 6 of 9
Fourteen Thousand Twenty-Five and no/l00 Dollars ($14,025.00) made payable to Butler &
Hosch, P,A, Trust Account, c/O Jane E, Bond, Esq" Butler & Hosch, 3185 S, Conway Road,
Suite E, Orlando, FL 32826, and the sum of One Thousand Three Hundred Forty-Nine and
50/1000 Dollars ($1,349.50) made payable to Fowler, White, Boggs, Banker P A, c/o Joshua
S.M, Smith, Esq" Fowler White, Post Office Box 1438, Tampa, Florida, 33601-1438, for
attorney's fees and costs, in accordance with this order,
9, Pursuant to Section 74,051(3), F,S" the Clerk of Courts shaH 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 # _-
10, This Stipulated Final Judgment resolves all issues and claims arising out of or
relating in any way to the acquisition of Parcel 187RDUE and shaH be recorded in the Official
,
Records of Collier County, Florida,
DONE AND ORDERED in Naples, Florida, this _ day of February, 2008,
CYNTHIA A. ELLIS
Circuit Court Judge
Confonned copies to:
Ellen T, Chadwell, Esquire
Jane E, Bond, Esquire
E, Glenn Tucker, Esquire
Joshua S,M, Smith, Esquire
Kevin Hendricks, Transportation Dept.
Accounting
Agenda Item No, 16K1
February 12, 2008
Page 7 of 9
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 No. 187RDUE,
Dated:
Dated:
Joshua S. M, Smith, Esquire
Florida Bar No,
Fowler, White, Boggs, Banker, P,A,
SOl E, Kennedy Blvd,- Suite 1700
Tampa, FL 33602
(813) 222-3302-Telephone
(813) 229-8313- Facsimile
ATTORNEY FOR JOSEPH NOEL &
ROSE JEAN
Ellen T, Chadwell ~
Assistant County A y
Florida Bar No,: 983860
3301 East Tamiami Trail, 8th Floor
Naples, Florida 34112
(239) 252-8400 - Phone
(239) 252-6300 - Facsimile
ATTORNEY FOR PETITIONER
Dated:
Jane E. Bond, Esquire
Florida Bar No,
Butler & Hosch, p, A,
3185 S, Conway Road-Suite E
Orlando, FL 32812-7315
(407) 381-5200- Telephone
(407) 381-5577- Facsimile
ATTORNEY FOR MERS
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Joint Motion on
Stipulated Final Judgment has been furnished by V,S, Mail to all parties listed below on this
_ day of
,2008,
ELLEN T. CHADWELL, ESQUIRE
Agenda Item No, 16K1
Fell, uo' y I z, zOOS
Page 8 of 9
Joshua S,M, Smith, Esq,
Fowler White Boggs Banker P.A.
P,O, Box 1438
Tampa, FL 33601
Jane E, Bond, Esquire
Butler & Hosch, P. A.
3185 S, Conway Road,Suite E '
Orlando, FL 32812-7315
07-3200-CNI918
.,
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Agenda Item No, 16K 1
February 12, 2008
Page 9 of 9
PROJECT NO. 60044
PROJECT PARCEL NO, 187RDUE
PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET
OF TRACT 117, GOLDEN GATE ESTATES UNIT NO, 64, AS
RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA.
CONTAINING ,052 ACRES, MORE OR LESS
PERPETUAl, NON-EXCUJSIVE
AND UT1UTY EASEMENT
_.._.._u_.._.._.._.._,._.'_"_"_"_'__"_"_"_"_"__.-..-..-..-..-..-..-..-..-..-..-..-..-..
_. ._.~_w::!~Cf EXlmIG100fOOTWlE:E!VEAGV0DE8aout.EVARDRlGHT-oF.wAY
..- .-.' ..-..-..-..-..-..-..-..-.,-..-..-..-..----..-..-.
.._p.~.~~:!~~'C~,:~..
NCfffilPRalEATYlJoE.
THE NORTH 75 FEET OF TRACT 117
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