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Tripp Stipulated Final Judgment 12-21-04

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Shared by: Nuhman Paramban
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IN THE CIRCUIT COURT OF THE

NINTH JUDICIAL CIRCUIT IN AND

FOR ORANGE COUNTY, FLORIDA



CASE NO. 04CA-4214



CITY OF ORLANDO, a municipal Division 40

corporation organized under the

laws of the State of Florida, Gary Tripp

Parcel 112

Petitioner,

v.



LINDA L. SENG TRUST, ET. AL.



Defendants.

______________________________________________/





STIPULATED FINAL JUDGMENT





THIS CAUSE came on for consideration by the Court upon the Stipulation and Joint



Motion of the Petitioner, CITY OF ORLANDO, and Respondent, GARY TRIPP, for entry of this



Stipulated Final Judgment. It appearing that proper notice was given to all Respondents and to all



persons having or claiming any equity, lien, title, or other interest in or to the property designated



as Parcel 112 in this eminent domain action, and the Court being otherwise fully advised in the



premises, it is thereupon,



ORDERED AND ADJUDGED that this Court has jurisdiction of this action, of the subject



property, and of the parties in this cause pursuant to Chapters 73, 74 and 366 of the Florida



Statutes; it is further



ORDERED AND ADJUDGED that the pleadings in this cause are sufficient, that



Petitioner is properly exercising its delegated authority, and that this condemnation is for a valid



public purpose and is necessary for such purposes; it is further



ORDERED AND ADJUDGED that Respondent, GARY TRIPP, shall have and recover



from Petitioner, CITY OF ORLANDO, the total sum of TWO HUNDRED SIXTY THOUSAND

1

DOLLARS ($260,000.00), for the acquisition of Parcel 112 (which includes $10,000 for relocation



expenses); and it is further



ORDERED AND ADJUDGED that Petitioner has, on July 16, 2004, deposited into the



Registry the of Court $220,000.00 as the Petitioner’s good faith estimate of value for the



acquisition of Parcel 112; and it is further



ORDERED AND ADJUDGED that Petitioner shall deposit $40,000.00 into the Registry



of the Court within twenty days of this Judgment ($260,000.00 settlement less $220,000.00



previously deposited); and it is further



ORDERED AND ADJUDGED that Petitioner’s payment hereunder constitutes full and



complete satisfaction of Petitioner’s obligations of full compensation with respect to the taking of



Parcel 112 including any and all damages, interest, attorney’s fees, expert’s fees and costs; (except



as addressed herein) it is further



ORDERED AND ADJUDGED that Petitioner shall pay $15,725.00 to the “Shuffield,



Lowman & Wilson, PA. Trust Account” within twenty days of this Stipulated Final Judgment, for



appropriate disbursement of reasonable attorney’s fees, expert’s fees and costs; it is further



ORDERED AND ADJUDGED that upon payment as described herein, fee simple title to



Parcel 112 is hereby confirmed in the Petitioner; and it is further



ORDERED AND ADJUDGED that this Court reserves jurisdiction to enforce the terms of



this Stipulated Final Judgment.



DONE AND ORDERED in Chambers at Orlando, Orange County, Florida on this ____



day of _________________, 200__.



___________________________________

Judge ______________________________



Conformed copies to:

Roy K. Payne, Assistant City Attorney

Scott C. Roberts, Esquire



2

IN THE CIRCUIT COURT OF THE

NINTH JUDICIAL CIRCUIT IN AND

FOR ORANGE COUNTY, FLORIDA



CASE NO. 04CA-4214



CITY OF ORLANDO, a municipal Division 40

corporation organized under the

laws of the State of Florida, Gary Tripp

Parcel 112

Petitioner,

v.



LINDA L. SENG TRUST, ET. AL.



Defendants.

______________________________________________/





JOINT MOTION FOR ENTRY OF

STIPULATED FINAL JUDGMENT



Petitioner, CITY OF ORLANDO, and Respondent, GARY TRIPP, by and through



his undersigned counsel, do stipulate and move the Court to enter the foregoing Stipulated Final



Judgment.



RESPECTFULLY SUBMITTED,







_________________________________ ____________________________________

SCOTT C. ROBERTS, ESQUIRE ROY K. PAYNE, ASST. CITY ATTORNEY

Shuffield, Lowman & Wilson, P.A. Florida Bar No. 773311

Gateway Center City of Orlando

1000 Legion Place, Suite 1700 400 S. Orange Avenue

Orlando, FL 32801 Orlando, Florida 32801

(407) 581-9800 (407) 246-2295

Attorney for Respondent Attorney for Petitioner

GARY TRIPP



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