IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA PASCO COUNTY, a political subdivision of the State of Florida, VS. Petitioner, Case No.: 51-2008-CA- 10429-ES Division: Y Parcel Nos.: 114 PERFORMANCE NEW TAMPA, INC-ET AL., Defendants. STIPULATED FINAL JUDGMENT AS TO PARCEL 114 THIS CAUSE having come before the Court for consideration upon the Joint Motion for entry of a Stipulated Final Judgment as to Parcel 114 made by the Petitioner, PASCO COUNTY, a political subdivision of the State of Florida ("Petitioner") and Defendant, JCR-WESLEY CHAPEL, LLC, D/B/A WESLEY CHAPEL NISSAN ("Defendant") and it appearing to the Court that the parties were authorized to enter into such Stipulation, and the Court finding that the compensation to be paid by the Petitioner is just and reasonable for all parties concerned, and the Court being fully advised in the premises; IT IS HEREBY, ORDERED AND ADJUDGED as follows: 1. Defendant recovers from Petitioner the total sum of $660,000.00 (SIX HUNDRED SIXTY THOUSAND AND 00/100 DOLLARS) for the property designated as Parcel 114 subject to apportionment, if any, including improvements thereon, severance damages, and any and all other damages of any other nature, exclusive of fees and costs for the taking of said Parcel.
2. Petitioner will receive a credit for the good faith estimate of value placed into the Registry and withdrawn by the Defendant in the amount of $452,400.00 (FOUR HUNDRED FIFTY-TWO THOUSAND FOUR HUNDRED AND 001100 DOLLARS), leaving a balance to be paid to the Defendant in the amount of $207,600.00 (TWO HUNDRED SEVEN THOUSAND SIX HUNDRED AND 00/ 100 DOLLARS). 3. The Defendant shall recover from Petitioner fees and costs in this matter pursuant to 573.091 and 573.092, Florida Statues to be determined at a future date. 4. Within thirty (30) days of the date of execution of this judgment, the Pasco County Board of County Commissioners shall direct the Clerk of the Circuit Court to issue a check from the funds of the Board of County Commissioners to the Trust Account of Dorman & Gutman, P.L., in the amount of $207,600.00 (TWO HUNDRED SEVEN THOUSAND SIX HUNDRED AND 001100 DOLLARS) to remain in trust until future order of this Court as to any apportionment of said funds and forward to Dorman & Gutman, P.L., c/o Jack N. Gutman, Esquire, 305 South Brevard Avenue, Suite 100, Tampa, Florida 33606-2360. 5. Title to Parcel 114 as described in the attachment to the Petition as Exhibit "A" and further referenced in the Order of Taking is hereby approved, confirmed, and ratified. 6. The Court shall retain jurisdiction of this matter for the purposes of enforcement of this Order and an award of fees and costs pursuant to 573.091 and 573.092, Florida Statues. 7. Petitioner shall construct the project upon Parcel 114 in substantial
conformity with the attached construction plan sheets attached as Exhibit 1. DONE AND ORDERED in Chambers in Dade City, Pasco County, Florida on this day of,2010. Copies furnished to: Marcie McDonie, Esquire Jack N. Gutman, Esquire Clerk's Finance Clerk's Accounts Payable Pasco County Tax Collector Pasco County Property Appraiser HONORABLE SUSAN L. GARDNER Circuit Court Judge JOINT MOTION FOR ENTRY OF STIPULATED FINAL JUDGMENT AS TO PARCEL 114 The parties respectfully move for the entry of the foregoing Stipulated Final Judgment as to Parcel 1 14. MARCIE MCDONIE, ESQUIRE Florida Bar No. 798487 Senior Assistant County Attorney 305 South Brevard Avenue West Pasco Government Center Suite 100 7530 Little Road, Suite 340 Tampa, Florida 33606 New Port Richey, FL 34654 (813) 254-8980 727-847-8120 Attorney for Defendant Florida Bar No.: 603$3Y Dated Dated L & w ~ ill%@
PARCEL 114 DESCRIPTION: A PARCEL OF LAND BEING A PORTION OF SECTION 7, TOWNSHIP 26 SOUTH, RANGE 20 EAST, PASCO COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 26 SOUTH, RANGE 20 EAST, PASCO COUNTY, FLORIDA; THENCE ALONG THE WEST LlNE OF SAlD NORTHWEST QUARTER, N O0 22' 10" E, A DISTANCE OF 13.48 FEET TO THE NORTHERLY RlGHT OF WAY LlNE OF STATE ROAD No 54; THENCE ALONG SAlD NORTHERLY RlGHT OF WAY LINE, S 77' 26' 47" E, A DISTANCE OF 455.98 FEET TO A POlNT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 1859.86 FEET; THENCE CONTINUE ALONG SAlD RlGHT OF WAY LINE, EASTERLY ALONG THE ARC OF SAlD CURVE THROUGH A CENTRAL ANGLE OF 30 51145", A DISTANCE OF 1001.82 FEET; THENCE CONTINUE ALONG SAlD RlGHT OF WAY LINE, N7I041'29" E, A DISTANCE OF 1081.I9 FEET TO THE SOUTHWEST CORNER OF THE PARCEL OF LAND DESCRIBED IN OFFICIAL RECORD BOOK 3280 PAGES 778 AND 782, FOR THE POlNT OF BEGINNING; THENCE ALONG THE WEST LINE OF SAlD PARCEL OF LAND, N 23O 03' 32" W, A DISTANCE OF 81.79 FEET; THENCE DEPARTING SAlD WEST LINE, N 73O 26' 34" E, A DISTANCE OF 16.74 FEET; THENCE S 50 21' 56" E, A DISTANCE OF 28.32 FEET; THENCE N 75O 11' 13" E, A DISTANCE OF 475.60 FEET; THENCE N3g026'50"E, A DISTANCE OF 71.22 FEET; THENCE N 89O 55' 50" E, A DISTANCE OF 41.81 FEET TO A POlNT ON THE EAST LlNE OF THE AFORESAID PARCEL OF LAND; THENCE ALONG SAlD EAST LINE, S O0 25' 19" W, A DISTANCE OF 55.87 FEET TO A POlNT ON THE NORTHERLY RIGHT OF WAY LlNE OF STATE ROAD No 54, SAlD POlNT BEING THE SOUTHEAST CORNER OF SAlD PARCEL OF LAND; THENCE ALONG THE AFORESAID NORTHERLY RlGHT OF WAY LINE, S 71 41' 29" W, A DISTANCE OF 581.72 FEET TO THE AFORESAID SOUTHWEST CORNER AND THE POlNT OF BEGINNING. SUBJECT TO PERTINENT EASEMENTS, RIGHTS OF WAY, AND RESTRICTIONS OF RECORD. CONTAINING 27014 SQUARE FEET, MORE OR LESS ["A'] EXHIBIT
Exhibit I Page 1 of 5
Exhibit 1 Page 2 of 5
Exhibit 1 Page 3 of 5
Exhibit 1 Page 4 of 5
Exhibit I Page 5 of 5