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INSTR # 2010000244173, Doc Type JUD, Pages 5, Recorded 09/29/2010 at 02:46 PM,
Charlie Green, Lee County Clerk of Circuit Court, Deputy Clerk ERECORD
9/28/2010 3:29 PM Filed Lee County Clerk of Court
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
' LEE COUNTY, FLORIDA CIVIL ACTION
CITY OF CAPE CORAL,
Petitioner,
vs. CASE NO. 07-CA-005784
(Parcel 211 — Fulton)
ATHADELLE N. TRAWEEK, EDWARD L.
TRAWEEK, THOMAS L. FELBER,
RIVERSIDE BANK OF THE GULF
COAST, ROBERT FRANCIS, PETER M.
KELLY, LYNNE B. KELLY, MARIE
IPAVEC, ROBERT G. TROUSDELL, SR.,
VIRGINIA TROUSDELL, FREDRICK
BENNINGTON, MARY ANN
BENNINGTON, JULIA WILNER, JAY
FULTON, NATIONAL CITY BANK AS
SUCCESSOR IN INTEREST TO
NATIONAL CITY BANK OF INDIANA,
AND THE LEE COUNTY TAX
COLLECTOR,
Defendants.
/
STIPULATED FINAL JUDGMENT
AS TO PARCEL 211
THIS CAUSE having come before the Court upon the Stipulation of the
Petitioner, City Of Cape Coral (“City”), and the Defendants, Jay Fulton (“Fulton”) and
National City Bank as Successor in Interest to National City Bank of Indiana (“National
City Bank”), and it appearing to the Court that the parties were authorized to enter into
such Stipulation, and the Court finding that compensation paid by Petitioner for the land
taken is full, just and reasonable for all parties concerned, and the Court being fully
advised in the premises, it is ORDERED and ADJUDGED as follows:INSTR # 2010000244173 Page Number: 2 of 5
1. This Court has jurisdiction of this action, of the subject property, and of the
parties in this cause pursuant to Chapters 73 and 74 of the Florida Statutes.
2. The pleadings in this cause are sufficient and the City is properly
exercising its delegated authority.
3. All right, title and interest in the following described parcel (Parcel 211):
Lots 11 and 12 Block 3016 Unit 43
Cape Coral Subdivision, as Recorded in Plat Book 17, Pages 48-57, of the
Public Records of Lee County, Florida.
Property Appraisers I.D. (Folio) 274323C3030160110
has previously vested in the City pursuant to the terms of the Order of Taking as
to Parcel 211, previously entered in this action.
4. The property shall be appropriated to the City for the public uses and
purposes set forth in the Petition.
5. Fulton and National City Bank shall recover from the Petitioner the total
sum of Seventy-Six Thousand and no/100 Dollars ($76,000.00) less the deduction for
the tax proration and past due taxes, if any, in full payment for the property taken, and
for all damages, if any, resulting from the taking of Project Parcel 211.
6. The City has previously deposited the sum of Twenty Thousand and
no/100 Dollars ($20,000.00) into the registry of this Court pursuant to this Court's Order
of Taking as to Parcel 211, which was entered by the Court on or about August 20,
2007. Thus, pursuant to this order, Fulton and National City Bank are entitled to Fifty-
Six Thousand and no/100 Dollars ($56,000.00) of additional compensation from the City
in payment for the property taken, and for all damages, if any, resulting from the taking
of Project Parcel 211.INSTR # 2010000244173 Page Number: 3 of 5
7. Fulton shall also be entitled to Eleven Thousand Five Hundred Eight-Five and
no/100 Dollars ($11,585.00) in payment for his attorneys’ fees, expert costs and any other
cost of litigation pursuant to §§ 73.091 and 73.092 Fla. Stat.
8. Within thirty (30) days of receipt by the City of the Stipulated Final
Judgment entered by the Court, the City shall issue two checks. The first check shall be
in the amount of Thirty-five Thousand Six Hundred Forty-seven and 63/100 Dollars
($35,647.63), payable to “National City Bank” and mail said check to Jason Goldstein,
Esq., The Law Offices of David J. Stern, P.A., 900 S. Pine Island Drive, Suite 400,
Plantation, Florida 33324. The second check shall be in the amount of Thirty-one
Thousand Nine Hundred Thirty-seven and 37/100 Dollars ($31,937.37), payable to
“Roetzel & Andress Trust Account” and mail said check to Kenneth A. Jones, Esq.,
Roetzel & Andress, 2320 1st Street, Suite 1000, Fort Myers, Florida 33901-2904.
9. The Court shall reserve jurisdiction to determine the amount of attorneys’
fees which may be incurred for apportionment or in other supplemental proceedings;
10. The payments described in Paragraph Eight above, shall fully satisfy all of
the obligations of the City under the terms of this Stipulated Final Judgment as to Parcel
211,
11. Except as expressly set forth herein neither Fulton nor National City Bank
shall be entitled to any further damages or compensation of any kind pertaining to this
action.
12. Within sixty (60) days of receipt of the amount set forth in Paragraph Eight
above, National City Bank shall record in the Official Records of Lee County, Florida a
Satisfaction of Mortgage of the mortgage from Jay Fulton to National City Bank ofINSTR # 2010000244173 Page Number: 4 of 5
Indiana, recorded in the Official Records of Lee County, Florida, Instrument
#2005000113723 and shall execute and forward to Kenneth A. Jones, Esq., Roetzel &
Andress, 2320 1st Street, Suite 1000, Fort Myers, Florida 33901-2904 a release of Jay
Fulton from any further obligation or liability under such mortgage.
DONE AND ORDERED in Lee County, Fort Myers, Florida, this _277~ day of
Sept , 2010.
C ere =
Michael T. McHugh
Circuit Judge
Copies tox
Kenneth A. Jones, Esq.
Roetzel & Andress
2320 1st Street, Suite 1000
Fort Myers, Florida 33901-2904,
and
Jason Goldstein, Esq.
The Law Offices of David J. Stern, P.A.
900 S. Pine Island Drive, Suite 400
Plantation, Florida 33324
and
Mark E. Lupe, Esq.
Assistant City Attorney
City of Cape Coral
P.O. Box 150027
Cape Coral, FL 33915-0027INSTR # 2010000244173 Page Number: 5 of 5
STIPULATION
Petitioner, City of Cape Coral, and the Defendants Jay Fulton and National City
Bank as Successor in Interest to National City Bank of Indiana, acting through their
respective undersigned counsel, hereby stipulate and agree to the entry of the foregoing
[\_.
Kenne . Jones, Esq.
Florid: r No. 0200158
Stipulated Final Judgment as to Parcel 211.
lark E. Lupe, Esq.
Florida Bar No. 0948861
Assistant City Attorney Roetz¢l & Andress
ce cape a 2320 First Street, Suite 1000
0. i -2904
Cape Coral, FL. 33015-0027 Fort Myers, Florida 33901-290
Phone (239) 337-3850
Phone (239) 574-0408 Facsimile (239) 337-0970
Facsimile — (239) 574-0404
Attorney for Defendant,
Attorney for Petitioner, Jay Fulton
The City of Cape Coral, Florida
fe. fle
Ae&on Goldstein, Esq.
7 on Bar No. 0048743
L The Law Offices of David J. Stern, P.A.
900 S. Pine Island Drive, Suite 400
Plantation, Florida 33324
Phone (954) 233-8000
Attorney for Defendant, National
City Bank as Successor in Interest
to National City Bank of Indiana
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INSTR # 2010000244173, Doc Type JUD, Pages 5, Recorded 09/29/2010 at 02:46 PM, Charlie Green, Lee County Clerk of Circuit Court, Deputy Clerk ERECORD 9/28/2010 3:29 PM Filed Lee County Clerk of Court IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR ' LEE COUNTY, FLORIDA CIVIL ACTION CITY OF CAPE CORAL, Petitioner, vs. CASE NO. 07-CA-005784 (Parcel 211 — Fulton) ATHADELLE N. TRAWEEK, EDWARD L. TRAWEEK, THOMAS L. FELBER, RIVERSIDE BANK OF THE GULF COAST, ROBERT FRANCIS, PETER M. KELLY, LYNNE B. KELLY, MARIE IPAVEC, ROBERT G. TROUSDELL, SR., VIRGINIA TROUSDELL, FREDRICK BENNINGTON, MARY ANN BENNINGTON, JULIA WILNER, JAY FULTON, NATIONAL CITY BANK AS SUCCESSOR IN INTEREST TO NATIONAL CITY BANK OF INDIANA, AND THE LEE COUNTY TAX COLLECTOR, Defendants. / STIPULATED FINAL JUDGMENT AS TO PARCEL 211 THIS CAUSE having come before the Court upon the Stipulation of the Petitioner, City Of Cape Coral (“City”), and the Defendants, Jay Fulton (“Fulton”) and National City Bank as Successor in Interest to National City Bank of Indiana (“National City Bank”), and it appearing to the Court that the parties were authorized to enter into such Stipulation, and the Court finding that compensation paid by Petitioner for the land taken is full, just and reasonable for all parties concerned, and the Court being fully advised in the premises, it is ORDERED and ADJUDGED as follows:INSTR # 2010000244173 Page Number: 2 of 5 1. This Court has jurisdiction of this action, of the subject property, and of the parties in this cause pursuant to Chapters 73 and 74 of the Florida Statutes. 2. The pleadings in this cause are sufficient and the City is properly exercising its delegated authority. 3. All right, title and interest in the following described parcel (Parcel 211): Lots 11 and 12 Block 3016 Unit 43 Cape Coral Subdivision, as Recorded in Plat Book 17, Pages 48-57, of the Public Records of Lee County, Florida. Property Appraisers I.D. (Folio) 274323C3030160110 has previously vested in the City pursuant to the terms of the Order of Taking as to Parcel 211, previously entered in this action. 4. The property shall be appropriated to the City for the public uses and purposes set forth in the Petition. 5. Fulton and National City Bank shall recover from the Petitioner the total sum of Seventy-Six Thousand and no/100 Dollars ($76,000.00) less the deduction for the tax proration and past due taxes, if any, in full payment for the property taken, and for all damages, if any, resulting from the taking of Project Parcel 211. 6. The City has previously deposited the sum of Twenty Thousand and no/100 Dollars ($20,000.00) into the registry of this Court pursuant to this Court's Order of Taking as to Parcel 211, which was entered by the Court on or about August 20, 2007. Thus, pursuant to this order, Fulton and National City Bank are entitled to Fifty- Six Thousand and no/100 Dollars ($56,000.00) of additional compensation from the City in payment for the property taken, and for all damages, if any, resulting from the taking of Project Parcel 211.INSTR # 2010000244173 Page Number: 3 of 5 7. Fulton shall also be entitled to Eleven Thousand Five Hundred Eight-Five and no/100 Dollars ($11,585.00) in payment for his attorneys’ fees, expert costs and any other cost of litigation pursuant to §§ 73.091 and 73.092 Fla. Stat. 8. Within thirty (30) days of receipt by the City of the Stipulated Final Judgment entered by the Court, the City shall issue two checks. The first check shall be in the amount of Thirty-five Thousand Six Hundred Forty-seven and 63/100 Dollars ($35,647.63), payable to “National City Bank” and mail said check to Jason Goldstein, Esq., The Law Offices of David J. Stern, P.A., 900 S. Pine Island Drive, Suite 400, Plantation, Florida 33324. The second check shall be in the amount of Thirty-one Thousand Nine Hundred Thirty-seven and 37/100 Dollars ($31,937.37), payable to “Roetzel & Andress Trust Account” and mail said check to Kenneth A. Jones, Esq., Roetzel & Andress, 2320 1st Street, Suite 1000, Fort Myers, Florida 33901-2904. 9. The Court shall reserve jurisdiction to determine the amount of attorneys’ fees which may be incurred for apportionment or in other supplemental proceedings; 10. The payments described in Paragraph Eight above, shall fully satisfy all of the obligations of the City under the terms of this Stipulated Final Judgment as to Parcel 211, 11. Except as expressly set forth herein neither Fulton nor National City Bank shall be entitled to any further damages or compensation of any kind pertaining to this action. 12. Within sixty (60) days of receipt of the amount set forth in Paragraph Eight above, National City Bank shall record in the Official Records of Lee County, Florida a Satisfaction of Mortgage of the mortgage from Jay Fulton to National City Bank ofINSTR # 2010000244173 Page Number: 4 of 5 Indiana, recorded in the Official Records of Lee County, Florida, Instrument #2005000113723 and shall execute and forward to Kenneth A. Jones, Esq., Roetzel & Andress, 2320 1st Street, Suite 1000, Fort Myers, Florida 33901-2904 a release of Jay Fulton from any further obligation or liability under such mortgage. DONE AND ORDERED in Lee County, Fort Myers, Florida, this _277~ day of Sept , 2010. C ere = Michael T. McHugh Circuit Judge Copies tox Kenneth A. Jones, Esq. Roetzel & Andress 2320 1st Street, Suite 1000 Fort Myers, Florida 33901-2904, and Jason Goldstein, Esq. The Law Offices of David J. Stern, P.A. 900 S. Pine Island Drive, Suite 400 Plantation, Florida 33324 and Mark E. Lupe, Esq. Assistant City Attorney City of Cape Coral P.O. Box 150027 Cape Coral, FL 33915-0027INSTR # 2010000244173 Page Number: 5 of 5 STIPULATION Petitioner, City of Cape Coral, and the Defendants Jay Fulton and National City Bank as Successor in Interest to National City Bank of Indiana, acting through their respective undersigned counsel, hereby stipulate and agree to the entry of the foregoing [\_. Kenne . Jones, Esq. Florid: r No. 0200158 Stipulated Final Judgment as to Parcel 211. lark E. Lupe, Esq. Florida Bar No. 0948861 Assistant City Attorney Roetz¢l & Andress ce cape a 2320 First Street, Suite 1000 0. i -2904 Cape Coral, FL. 33015-0027 Fort Myers, Florida 33901-290 Phone (239) 337-3850 Phone (239) 574-0408 Facsimile (239) 337-0970 Facsimile — (239) 574-0404 Attorney for Defendant, Attorney for Petitioner, Jay Fulton The City of Cape Coral, Florida fe. fle Ae&on Goldstein, Esq. 7 on Bar No. 0048743 L The Law Offices of David J. Stern, P.A. 900 S. Pine Island Drive, Suite 400 Plantation, Florida 33324 Phone (954) 233-8000 Attorney for Defendant, National City Bank as Successor in Interest to National City Bank of Indiana