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FDOT)
——_
Florida Department of Transportation
RON DESANTIS 1109 S. Marion Ave., MS 2020 KEVIN J. THIBAULT, PE.
GOVERNOR Lake City, Florida 32025 SECRETARY
April 19, 2019
In Re: Section —26070-Item# 4380791- Alachua County
DOT vs. Pat M. Post, et al
FAP # N/A Case No 01-2018-CA-4034
STIPULATED FINAL JUDGMENT (Parcel(s) 104 and 105)
J.K. “Jess” Irby
Clerk of Circuit Court
201 E University Ave
Gainesville, FL 32601
Dear Mr. Irby:
We are enclosing herewith for your further handling State Warrant # 0988635 dated
™April 177, 2019 in the amount of $20,980.00. This warrant is to cover court order dated
eAprit@,-2019 for STIPULATED FINAL JUDGMENT (Parcel(s) 104 and 105).
Yours truly,
Ce LO
Carmen L. Crane, CPM, FCCM
~ Right of Way
Records and Funds
19 APR22 AH 9
XC: Candice Powell, Esquire
‘qyiitinnena
www.fdot.govPReneor Von nom sme
ilit Fi :20: A TRUE AND CORRECT COPY OF
Filing # 87634867 E-Filed 04/08/2019 03:20:26 PM THE ORDER ENTERED BY THE COURT
Proje ct Mat 435079 ON THE DATE SHOWN.
IN THE CIRCUIT COURT, EIGHTH
JUDICIAL CIRCUIT IN AND FOR : ATTORNEY
ALACHUA COUNTY, FLORIDA
STATE OF FLORIDA DEPARTMENT OF Case No. 01-2018-CA-4034
TRANSPORTATION, Division: J
Petitioner, Parcels 104 and 105
vs.
PAT M. POST, a/k/a Patrick McKenzie
Post; CAPITAL CITY BANK; DON M.
POST; PANSY A. POST; CARLOS
GARCIA; and JOHN POWER, Alachua
County Tax Collector;
Defendants.
/
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon a stipulated agreement for
Final Judgment between the Petitioner, STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, and the Defendants, PAT M. POST, a/k/a Patrick McKenzie Post;
DON M. POST; PANSY A. POST and CARLOS GARCIA; it appearing to the Court that the
parties were authorized to enter into such agreement; the Court being fully advised in the
premises; and the Court finding that the parties have consented to the terms of this Final
Judgment, it is therefore,
ORDERED AND ADJUDGED as follows:
1, Pursuant to a Joint Motion For Entry of Stipulated Final Judgment entered into by
the Parties, the Defendants shall together have and recover from Petitioner the total sum of
THIRTY THOUSAND TWO HUNDRED EIGHTY AND NO0/100 DOLLARS ($30,280.00)
ie., the "Settlement Funds", in full payment of any and all claims of any nature arising as
a result of Petitioner's taking of Parcels 104 and 105, including, without limitation,
compensation for land value, improvements, damages, business damages, attorney fees and
Page 1 of 7costs, and expert fees and costs, to wit:
(a) TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) to
the Defendants for land value, improvements, damages, business damages and
all other claims, excluding expert witness fees and costs; and
(b) FIVE THOUSAND TWO HUNDRED EIGHTY AND NO/100 DOLLARS
($5,280.00) as reimbursement for reasonable attorneys' fees for the benefit
achieved pursuant to §73.092, Florida Statutes, for the services of Fred C.
Isaac, Esquire.
2. Within 30 days of Petitioner's receipt of a conformed copy of this Final
Judgment, Petitioner shall pay into the registry of the Court the sum of TWENTY
THOUSAND NINE HUNDRED EIGHTY AND NO0/100 DOLLARS ($20,980.00) for
settlement of full compensation and all statutory benefit attorney's fees and costs in
this matter; this amount being the full compensation award of THIRTY
THOUSAND TWO HUNDRED EIGHTY AND NO0/100 DOLLARS ($30,280.00), less
the amount of NINE THOUSAND THREE HUNDRED AND NO0/100 DOLLARS
($9,300.00), already deposited and disbursed pursuant to the Stipulated Order of Taking
entered February 19, 2019. The Settlement Funds are subject to all claims, liens and
encumbrances of record accrued pro rata through the date the funds are placed in the
Registry of the Court. It shall be the sole obligation of the Defendant to pay all such claims,
liens and encumbrances.
3. Upon Petitioner's deposit of TWENTY THOUSAND NINE HUNDRED EIGHTY
AND’NO/100 DOLLARS ($20,980.00), the Clerk shall immediately and without need for
a hearing or further order of the Court, disburse said funds. The Clerk's check shall be
Page 2 of 7made payable and mailed to Foerster, Isaac & Yerkes, P.A. Trust Account, c/o Fred C.
Isaac, Esquire, 2468 Atlantic Boulevard, Jacksonville, Florida 32207.
4. Title to Parcels 104 and 105, described in the legal descriptions attached as Exhibit
"A", which vested in Petitioner pursuant to the Stipulated Order of Taking entered in this
cause, and the deposit of funds previously made, is approved, ratified, and confirmed.
5. No additional sums are due and payable to: (a) any Defendant in this cause; (b) any
Defendant's attorney; or (c) any Defendant's witnesses as a result of Petitioner's taking of
Parcels 104 and 105.
6. Petitioner shall construct two driveways to Parcels 104 and 105 and their remainder
Parcels. Construction plans for the driveways are included as a part of Petitioner’s Project No.
438079-1-52-01 are attached hereto this Stipulated Final Judgment as Exhibit “B” and consists
of two pages.
7. This Court reserves jurisdiction to enforce the terms of this Stipulated Final Judgment.
DONE AND ORDERED in the City of Gainesville, Alachua County, Florida this
Monday, April 8, 2019.
Donna M. Keim, Circuit dudge
01-2018-CA-004034 04/08/2019 03:14:49 PM
Page 3 of 7Copies to the below parties on this Monday, April 8, 2019:
Candice Powell, Candice.Powell@dot.state.fl.us; Mindy.Fletcher@dot.state.fl.us Attorney
for Petitioner
Fred C. Isaac, Esquire, Fisaac@fiyattomeys.com; LFrenzel@fiyattorneys.com Attorney for
PAT M. POST, a/k/a Patrick McKenzie Post; DON M. POST; PANSY A. POST and
CARLOS GARCIA
Robert C. Swain, Esquire, bswain@alachuacounty.us; kniadakh@aacheconty is ; Attorney
for Alachua County Tax Collector
Theresa Hall, Judicial Assistant
(01-2018-CA-004034 04/08/2019 03:19:42 PM
Page 4 of 7Section No. 26070 State Road No. SR 26 & SE 90 Ave Alachua County
F.P. No. 4380791
Fee Simple
Parcel No. 104
A Part Of The Southwest Quarter Of Section 6, Township 10 South, Range 17 East, Alachua County,
Florida, Being More Particularly Described As Follows:
Commence At The Southwest Corner Of Section 6, Township 10 South, Range 17 East, Alachua County,
Florida; Thence North 00°57’41” West, Along The West Line Of Said Section 6, A Distance Of 2,462.98
Feet To The Centerline Of Survey Of State Road No. 26 (A 100.00 Foot Right Of Way As Per Florida
Department Of Transportation Right Of Way Map, Section 26070, F.P. No. 4380791); Thence
North 73°06’39” East, Along Said Centerline Of Survey, A Distance Of 424.34 Feet; Thence
North 01°00’04” West, Departing Said Centerline Of Survey, A Distance Of 51.99 Feet To The Northerly
Existing Right Of Way Line Of Said State Road No. 26, And The Point Of Beginning; Thence Continue
North 01°00’04” West, A Distance Of 13.52 Feet; Thence North 73°06’39” East, A Distance Of 322.54
Feet; Thence South 01°00’04” East, A Distance Of 13.52 Feet To Said Northerly Existing Right Of Way
Line; Thence South 73°06’39” West, Along Said Northerly Existing Right Of Way Line, A Distance Of
322.54 Feet To The Point Of Beginning.
Containing 4,193 Square Feet, More Or Less.
Being a Part of Tax Parcel No. 02515-003-008
Section No. 26070 State Road No. SR 26 & SE 90 Ave Alachua County
F.P. No. 4380791
Fee Simple
Parcel No. 105
A Part Of The Southwest Quarter Of Section 6, Township 10 South, Range 17 East, Alachua County,
Florida, Being More Particularly Described As Follows:
Commence At The Southwest Corner Of Section 6, Township 10 South, Range 17 East, Alachua County,
Florida; Thence North 00°57’41” West, Along The West Line Of Said Section 6, A Distance Of 2,462.98
Feet To The Centerline Of Survey Of State Road No. 26 (A 100.00 Foot Right Of Way As Per Florida
Department Of Transportation Right Of Way Map, Section 26070, F.P. No. 4380791); Thence
North 73°06’39” East, Along Said Centerline Of Survey, A Distance Of 746.88 Feet; Thence
North 01°00’04” West, Departing Said Centerline Of Survey, A Distance Of 51.99 Feet To The Northerly
Existing Right Of Way Line Of Said State Road No. 26, And The Point Of Beginning; Thence Continue
North 01°00’04” West, A Distance Of 13.52 Feet; Thence North 73°06’39” East, A Distance Of 218.33
Feet; Thence South 01°00’04” East, A Distance Of 13.52 Feet To Said Northerly Existing Right Of Way
Line; Thence South 73°06’39” West, Along Said Northerly Existing Right Of Way Line, A Distance Of
218.33 Feet To The Point Of Beginning.
Containing 2,838 Square Feet, More Or Less.
Being a Part of Tax Parcel No. 02515-003-007
EXHIBIT “A”
Page 5 of 7COMPRACT PLANS COMPOWENTS mare OP LORI
SRR p pecan anon
I CONTRACT PLANS
INDEX OF ROAD PLANS FINANCIAL PROJECT [P 4uyO7S-152-01
Sere roe GILCHRIST COVATY {3I020)
‘Daee ein MACHUR COUNT (26070)
- Rireuis STATA EAD 0, 26
We Dade ssecriae Sarai
ASA COUR “
el marae oye SS Bre hen Nay
Sieoroo et etait itux line os teapot tates ates
lncarwews gevieawoiven ine
GOVERNING STARARO SPECICATION:
‘Siva Oipvlacs of Thames fay aU ancy etches
Sine cen crates be acer ne
ie ger gr Toe aaa
; Me agard decree cra) _
Et ere et
| weer :
: ee ce
ee aa sa
eiwenis ema erase Pees
Cian al ondeche oven Pee Mik anatod Mirae PLS PREPARED Bn
"PHASE 3 PLAN SET”
EXHIBIT “B”
Page 6 of 7mes
VPRIRY Meer i ANAT Mom Dowd
SEeSANTT 2 ANE Suotemee f° ~ZZZ—
CORSTASEY Fat weesénian ops ZZZPPATIEA
caer mroersss $YSROERS
PHASE 3 PLAN SET
‘an
33
PLAN SHEET
Page 7 of 7
Preview
FDOT) ——_ Florida Department of Transportation RON DESANTIS 1109 S. Marion Ave., MS 2020 KEVIN J. THIBAULT, PE. GOVERNOR Lake City, Florida 32025 SECRETARY April 19, 2019 In Re: Section —26070-Item# 4380791- Alachua County DOT vs. Pat M. Post, et al FAP # N/A Case No 01-2018-CA-4034 STIPULATED FINAL JUDGMENT (Parcel(s) 104 and 105) J.K. “Jess” Irby Clerk of Circuit Court 201 E University Ave Gainesville, FL 32601 Dear Mr. Irby: We are enclosing herewith for your further handling State Warrant # 0988635 dated ™April 177, 2019 in the amount of $20,980.00. This warrant is to cover court order dated eAprit@,-2019 for STIPULATED FINAL JUDGMENT (Parcel(s) 104 and 105). Yours truly, Ce LO Carmen L. Crane, CPM, FCCM ~ Right of Way Records and Funds 19 APR22 AH 9 XC: Candice Powell, Esquire ‘qyiitinnena www.fdot.govPReneor Von nom sme ilit Fi :20: A TRUE AND CORRECT COPY OF Filing # 87634867 E-Filed 04/08/2019 03:20:26 PM THE ORDER ENTERED BY THE COURT Proje ct Mat 435079 ON THE DATE SHOWN. IN THE CIRCUIT COURT, EIGHTH JUDICIAL CIRCUIT IN AND FOR : ATTORNEY ALACHUA COUNTY, FLORIDA STATE OF FLORIDA DEPARTMENT OF Case No. 01-2018-CA-4034 TRANSPORTATION, Division: J Petitioner, Parcels 104 and 105 vs. PAT M. POST, a/k/a Patrick McKenzie Post; CAPITAL CITY BANK; DON M. POST; PANSY A. POST; CARLOS GARCIA; and JOHN POWER, Alachua County Tax Collector; Defendants. / STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon a stipulated agreement for Final Judgment between the Petitioner, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, and the Defendants, PAT M. POST, a/k/a Patrick McKenzie Post; DON M. POST; PANSY A. POST and CARLOS GARCIA; it appearing to the Court that the parties were authorized to enter into such agreement; the Court being fully advised in the premises; and the Court finding that the parties have consented to the terms of this Final Judgment, it is therefore, ORDERED AND ADJUDGED as follows: 1, Pursuant to a Joint Motion For Entry of Stipulated Final Judgment entered into by the Parties, the Defendants shall together have and recover from Petitioner the total sum of THIRTY THOUSAND TWO HUNDRED EIGHTY AND NO0/100 DOLLARS ($30,280.00) ie., the "Settlement Funds", in full payment of any and all claims of any nature arising as a result of Petitioner's taking of Parcels 104 and 105, including, without limitation, compensation for land value, improvements, damages, business damages, attorney fees and Page 1 of 7costs, and expert fees and costs, to wit: (a) TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) to the Defendants for land value, improvements, damages, business damages and all other claims, excluding expert witness fees and costs; and (b) FIVE THOUSAND TWO HUNDRED EIGHTY AND NO/100 DOLLARS ($5,280.00) as reimbursement for reasonable attorneys' fees for the benefit achieved pursuant to §73.092, Florida Statutes, for the services of Fred C. Isaac, Esquire. 2. Within 30 days of Petitioner's receipt of a conformed copy of this Final Judgment, Petitioner shall pay into the registry of the Court the sum of TWENTY THOUSAND NINE HUNDRED EIGHTY AND NO0/100 DOLLARS ($20,980.00) for settlement of full compensation and all statutory benefit attorney's fees and costs in this matter; this amount being the full compensation award of THIRTY THOUSAND TWO HUNDRED EIGHTY AND NO0/100 DOLLARS ($30,280.00), less the amount of NINE THOUSAND THREE HUNDRED AND NO0/100 DOLLARS ($9,300.00), already deposited and disbursed pursuant to the Stipulated Order of Taking entered February 19, 2019. The Settlement Funds are subject to all claims, liens and encumbrances of record accrued pro rata through the date the funds are placed in the Registry of the Court. It shall be the sole obligation of the Defendant to pay all such claims, liens and encumbrances. 3. Upon Petitioner's deposit of TWENTY THOUSAND NINE HUNDRED EIGHTY AND’NO/100 DOLLARS ($20,980.00), the Clerk shall immediately and without need for a hearing or further order of the Court, disburse said funds. The Clerk's check shall be Page 2 of 7made payable and mailed to Foerster, Isaac & Yerkes, P.A. Trust Account, c/o Fred C. Isaac, Esquire, 2468 Atlantic Boulevard, Jacksonville, Florida 32207. 4. Title to Parcels 104 and 105, described in the legal descriptions attached as Exhibit "A", which vested in Petitioner pursuant to the Stipulated Order of Taking entered in this cause, and the deposit of funds previously made, is approved, ratified, and confirmed. 5. No additional sums are due and payable to: (a) any Defendant in this cause; (b) any Defendant's attorney; or (c) any Defendant's witnesses as a result of Petitioner's taking of Parcels 104 and 105. 6. Petitioner shall construct two driveways to Parcels 104 and 105 and their remainder Parcels. Construction plans for the driveways are included as a part of Petitioner’s Project No. 438079-1-52-01 are attached hereto this Stipulated Final Judgment as Exhibit “B” and consists of two pages. 7. This Court reserves jurisdiction to enforce the terms of this Stipulated Final Judgment. DONE AND ORDERED in the City of Gainesville, Alachua County, Florida this Monday, April 8, 2019. Donna M. Keim, Circuit dudge 01-2018-CA-004034 04/08/2019 03:14:49 PM Page 3 of 7Copies to the below parties on this Monday, April 8, 2019: Candice Powell, Candice.Powell@dot.state.fl.us; Mindy.Fletcher@dot.state.fl.us Attorney for Petitioner Fred C. Isaac, Esquire, Fisaac@fiyattomeys.com; LFrenzel@fiyattorneys.com Attorney for PAT M. POST, a/k/a Patrick McKenzie Post; DON M. POST; PANSY A. POST and CARLOS GARCIA Robert C. Swain, Esquire, bswain@alachuacounty.us; kniadakh@aacheconty is ; Attorney for Alachua County Tax Collector Theresa Hall, Judicial Assistant (01-2018-CA-004034 04/08/2019 03:19:42 PM Page 4 of 7Section No. 26070 State Road No. SR 26 & SE 90 Ave Alachua County F.P. No. 4380791 Fee Simple Parcel No. 104 A Part Of The Southwest Quarter Of Section 6, Township 10 South, Range 17 East, Alachua County, Florida, Being More Particularly Described As Follows: Commence At The Southwest Corner Of Section 6, Township 10 South, Range 17 East, Alachua County, Florida; Thence North 00°57’41” West, Along The West Line Of Said Section 6, A Distance Of 2,462.98 Feet To The Centerline Of Survey Of State Road No. 26 (A 100.00 Foot Right Of Way As Per Florida Department Of Transportation Right Of Way Map, Section 26070, F.P. No. 4380791); Thence North 73°06’39” East, Along Said Centerline Of Survey, A Distance Of 424.34 Feet; Thence North 01°00’04” West, Departing Said Centerline Of Survey, A Distance Of 51.99 Feet To The Northerly Existing Right Of Way Line Of Said State Road No. 26, And The Point Of Beginning; Thence Continue North 01°00’04” West, A Distance Of 13.52 Feet; Thence North 73°06’39” East, A Distance Of 322.54 Feet; Thence South 01°00’04” East, A Distance Of 13.52 Feet To Said Northerly Existing Right Of Way Line; Thence South 73°06’39” West, Along Said Northerly Existing Right Of Way Line, A Distance Of 322.54 Feet To The Point Of Beginning. Containing 4,193 Square Feet, More Or Less. Being a Part of Tax Parcel No. 02515-003-008 Section No. 26070 State Road No. SR 26 & SE 90 Ave Alachua County F.P. No. 4380791 Fee Simple Parcel No. 105 A Part Of The Southwest Quarter Of Section 6, Township 10 South, Range 17 East, Alachua County, Florida, Being More Particularly Described As Follows: Commence At The Southwest Corner Of Section 6, Township 10 South, Range 17 East, Alachua County, Florida; Thence North 00°57’41” West, Along The West Line Of Said Section 6, A Distance Of 2,462.98 Feet To The Centerline Of Survey Of State Road No. 26 (A 100.00 Foot Right Of Way As Per Florida Department Of Transportation Right Of Way Map, Section 26070, F.P. No. 4380791); Thence North 73°06’39” East, Along Said Centerline Of Survey, A Distance Of 746.88 Feet; Thence North 01°00’04” West, Departing Said Centerline Of Survey, A Distance Of 51.99 Feet To The Northerly Existing Right Of Way Line Of Said State Road No. 26, And The Point Of Beginning; Thence Continue North 01°00’04” West, A Distance Of 13.52 Feet; Thence North 73°06’39” East, A Distance Of 218.33 Feet; Thence South 01°00’04” East, A Distance Of 13.52 Feet To Said Northerly Existing Right Of Way Line; Thence South 73°06’39” West, Along Said Northerly Existing Right Of Way Line, A Distance Of 218.33 Feet To The Point Of Beginning. Containing 2,838 Square Feet, More Or Less. Being a Part of Tax Parcel No. 02515-003-007 EXHIBIT “A” Page 5 of 7COMPRACT PLANS COMPOWENTS mare OP LORI SRR p pecan anon I CONTRACT PLANS INDEX OF ROAD PLANS FINANCIAL PROJECT [P 4uyO7S-152-01 Sere roe GILCHRIST COVATY {3I020) ‘Daee ein MACHUR COUNT (26070) - Rireuis STATA EAD 0, 26 We Dade ssecriae Sarai ASA COUR “ el marae oye SS Bre hen Nay Sieoroo et etait itux line os teapot tates ates lncarwews gevieawoiven ine GOVERNING STARARO SPECICATION: ‘Siva Oipvlacs of Thames fay aU ancy etches Sine cen crates be acer ne ie ger gr Toe aaa ; Me agard decree cra) _ Et ere et | weer : : ee ce ee aa sa eiwenis ema erase Pees Cian al ondeche oven Pee Mik anatod Mirae PLS PREPARED Bn "PHASE 3 PLAN SET” EXHIBIT “B” Page 6 of 7mes VPRIRY Meer i ANAT Mom Dowd SEeSANTT 2 ANE Suotemee f° ~ZZZ— CORSTASEY Fat weesénian ops ZZZPPATIEA caer mroersss $YSROERS PHASE 3 PLAN SET ‘an 33 PLAN SHEET Page 7 of 7