Resolution 1989-206
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BOARD OF COUNTY COIlllISSIONERS ,,,'Ji:
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AUGUsr 18, Ieee ,
RESOLUTION NO. 89-~
A RESOLUTION APPROVING STIPULATED FINAL
JUDGMENTS IN THE LITIGATION CASES OF COLLIER
comlTY VB. RICHARD M. SIGLER, ET AL, FOR
PARCELS 110, III AND lOB AND COLLIER COUNTY
VS. HAROLD E. KRANTZ, ET AL, FOR P1\RCELS 136,
123, 124 AND 137
WHEREAS, it has been determined by the Board ot County
Commissioners ot Collier County, Florida, that a .ettlement with
th~ property owners of Parcels 110, 111 and 108 in the cas. ot
Collier County VB. Richard M. Sigler, at aI, and with the property
owners at Parcels 136, 123, 124 and 137 in the CAse ot Collier
County VB. Harold E. Krantz, et aI, (said eminent domain cases tor
the purpose ot taking property to widen S. R. 951 between U.S. 41
and the Marco Island Bridge) based upon the terms and conditions
contained in the attached stipulated Final Judgments is in the
best interest of the citizens of Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSI~NERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners hereby approves the
Stipulated Pinal Judgments attached hereto and incorporated herein
as Exhibit "An.
2. The Board approve. the additional payment in the total
amount or $79,150.00 into the Court Registry on or berore
September 1, 1989, in accordance wit~ the Court Order. attached to
the Stipulated Final JUdgments.
This ReSolution adopted atter motion, second and majority
vote.
DATED:
August 15, 1989
ATTEST:
JAMES c. GILES, Clerk
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~;' ~pproved as:to torm and
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Kenneth B. CUyle
County Attorney
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AU~ 18, 19"
IN THE CIRCUIT COURT OF THB
12TH JUDICIAL CIRCUIT IN AND
FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
Political subdivision of the
State of Florida,
Plaintiff
CASE NO. B7-307-cA-Ol_TB
vs.
RICHARD M. SIGLER and RUTH E.
SIGLER, his wife, DAVID M. ORBAUGH
and KAREN S. ORBAUGH, his wife,
and SARAJANE HANSON,
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Defendants.
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STIPULATED FINAL JUDGMENT
PARCEL 11 0
THIS CAUSE has Come On before thie Honorable Court
Upon ths below signed Stipulation for the entry of, Final
Judgment made by Plaintiff, COLLIER COUNTY, FLORIDA, s
POlitical subdivision of the State of Florida, and the
Defendants, DAVID M. ORBAUGH, and MREN S. ORBAUGH, his
wife, as to Parcel 110, and the parties 8tipulate and agree
that full and complete compensation for the taking of their
parcel by COllier County, a political subdivision of the
State of Florida, shall be the fOllowing,
Orbaugh (Parcel 110)
'3,200.00
All settlements are bued Upon the existing
construction plans for 951. It is therefore
ORDERED AND ADJUDGED that a 8um of '3,200.00 bo tho
complete compensation Paid for this proporty and that there
shall be no other claims made by the above-named defendants
for monies paid 4S to this tract, except 48 herein provided,
inClUding but not limited to payment for the real property,
damages possibly resulting to the remainder, any paBslbl.
severance damages and any and all further a~d other damages
of any nature whatsoever. This amount does ~ compensate
the Defendants for reasonable attorneys fees an1 cost., this
matter Is addressed In the clause belo~. It is further
ORDERED AND ADJUDGED that thie Court retains
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AUausr 18, 1919
juriSdiction Over the matter of compen.able reasonable
attorneys tees and costs incurred by the Defendants in this
cause. It is further
ORDERED AND ADJUDGED, also, that the Plaintiff,
COLLIER COUNTY, ehall deposit $900,00 into the Regiatry of
thia Court within thirty (30) days of the entry of this
Order. This represents the aforesaid sum of $3,200.00, less
the Bum of $2,300.00 heretofore depoSited. It Is further
ORDERED AND DIRECTED that the clerk of this Court
shall pay forthwith the following eUms as indicated:
To, EARLE' PATCHEN, P.A.
TRUST ACCOUNT, as
attorneys for Defendants
Orbaugh (Parcel 110)
$900.00
and it is further
ORDERED AND ADJUDGED that title to the fOllowing
described property, to wits
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AUausr 18, lUe
vested in Collier County, a political subdivision of the
State of Florida pursuant to the Order of Taking snd the
deposit: of money heretofore made. This vesting is hereby
approved, ratified and confirmed.
DONE AND ORDERED in Chtm 'era in Collier County,
Florida this /" _ day of Ii J '1
, 1989.
~J?~<)<?0
CIRCUIT COURT JUDGE
STIPULATED MOTION
The parties, by and through the undersigned,
respectfully move for the entry of the foregoing Final
Judgment and agree AS follows:
1. The parties Agree to the form and .ubstance of
the
above-styled
Stipulated
Final
JUdgment,
which
incorporates the settlement of the parties herein.
2. The underSigned are authorized to enter this
Stipulated Final Judgment on behalf of the parties.
AGREED TO THIS "'? /-4 day of (I,,/-, , 1989.
tI 7'
XEL, E
rn for PI f
H tsfield' F el, P.A,
11 South Gadsden Street
Tallahassee, Fl. 32301
904-681-1800
Florida Bar No. 192026
t!-
. IA!l . PATCHEN", squ re
Attorney for D.t.n~ant.
Earle, Patchen, P.A'.
1000 Brickell Avenue
Suite 660,
Miami, FLorida 33131
305-372-1112
Florida Bar No. 157545
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AUCIlIlIr 11. IUti ;
attorneys tees and costs Incurred by the Defendsnt in this ,.
cause. It is further
ORDERED AND ADJUDGED, Also, that the Plaintiff.
COLLIER COUNTY, shall deposit $2,550.00 into the Registry ot
this Court within thirty (30) days of the entry of this
Order. This represents the aforesaid Bum of ",550.00, le..
the sum of $5,000.00 heretofore deposited. It is further
ORDERED AND DIRECTED that the clerk of this Court
shall pay forthwith the following sums as indicated.
To: EARLE' FATCHEN, F.A.
TRUST ACCOUNT, as
attorneys for Defendant
Hanson (Parcel Ill)
$2,550.00
and it is further
ORDERED AND ADJUDGED that title to the fOllowing
described property, to wits
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