Agenda 02/08/2011 Item #16K1
EXECUTIVE SUMMARY
2/8/2011 Item 16.K.1.
Recommendation to approve a Stipulated Order Taxing Fees and Costs in the amount of
$16,400 for Parcel No. 179RDUE in the lawsuit styled Collier County v. Armando B.
Yzaguirre, et aL, Case No. 07-2746-CA (Oil Well Road Project No. 60044) (Fiscal Impact
$16,400).
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Order Taxing
Fees and Costs for Parcel 179RDUE in the lawsuit styled Collier County v. Armando B,
Yzaguirre, et aI., Case No. 07-2746-CA, Oil Well Road Project 60044.
CONSIDERATIONS: Collier County condemned a ,121 acre parcel for perpetual, non-
exclusive road right-of-way, drainage and utility easement (Parcel 179) from the property
owners, Armando B. Yzaguirre and Sylvia B. Yzaguirre. The issues of compensation and
statutory attorney's fees were settled at mediation and the Board approved the Stipulated Final
Judgment which was entered by the Court on September 17, 2009.
The issues of expert fees and costs and supplemental attorney's fees were left for settlement at a
later date, A request for hearing on these issues resulted in the Court ordering furtlher mediation.
Mediation was held on January 7, 2011 which resulted in a scttlernent. The expert fees and costs
were as follows prior to settlement:
-
Haynes Appraisal Group, Inc.:
Armstrong Forensic Engineers, lnc:
· Attorneys fees:
TOTAL
$11,886.25
$6,576.25
$1.212.75
$19,675.25
After settlement at court ordered mediation, the County will be responsible for the following
costs:
Haynes Appraisal Group, lnc,:
Annstrong Forensic Engineers, Inc:
· Attorneys fees:
TOTAL
$8,000
$6,000
$2.400
$16,400
FISCAL IMPACT: Funds in the amount of $16,400 will come from Gas Taxes and Impact
Fees, Source of funds are Gas Taxes and Impact Fees.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, is not quasi-
judicial and as such, ex-parte disclosure is not required, This item requires only a majority vote.
RNZ
GROWTH MANAGEMENT IMPACT: None,
-- RECOMMENDATION: That the Board of County Commissioners approve the Stipulated
Order Taxing Fees and Costs as to Parcel 179RDUE and authorize payment of the funds as
stated.
PREPARED BY: Robert N, Zachary, Assistant County Attorney
07-2746-CA;2033
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2/8/2011 Item 16.K.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1.
Item Summary: Recommendation to approve a Stipulated Order Taxing Fees and Costs in
the amount of $16,400 for Parcel No. 179RDUE in the lawsuit styled Collier County v. Armando
B. Yzaguirre, et aI., Case No, 07-2746-CA (Oil Well Road Project No, 60044) (Fiscal Impact
$16,400).
Meeting Date: 2/8/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, County Attorney
1/19/20] I 11:55:24 AM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way, Transportation Engineering
Date: 1/19/2011 12:52:48 PM
Name: TaylorLisa
Title: ManagementlBudget Analyst,Transportation Administr
Date: 1/20/2011 11:16:27 AM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 1/25/2011 2:25:36 PM
Name: FederNorm
Title: Administrator - Growth Management Div,Transportati
Date: 1/25/2011 2:29:59 PM
Name: ZacharyRobert
Title: Assistant County Attorney,County Attorney
Date: 1/25/2011 3:25:33 PM
Name: KlatzkowJeff
Title: County Attorney,
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2/8/2011 Item 16.K.1.
Date: 1/27/20114:13:51 PM
Name: U sherSusan
Title: Management/Budget Analyst, Senior, Office of Manage
Date: 1/28/2011 3 :26: 12 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 1/30/2011 11 :33:43 AM
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2/8/2011 Item 16.K.1.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida,
Petitioner,
v.
Case No, 07-2746-CA
ARMANDO B. YZAGUIRRE, et aI.,
Parcel No, 179RDUE
Respondents.
/
MEDIA TED SETTLEMENT AGREEMENT
The issue of attorney's fees and expert fees was mediated on January 7, 2011, by court
order. As a result of mediation, the undersigned parties agree to final resolution as follows:
1. The County will pay Haynes Appraisal Group, Jne, the amount of $8,000,00 in full
settlement of its claim for fees.
2, The County will pay $6,000.00 to Armstrong Forensic Engineers, Jne, III full
settlement of its claim for fees,
3. The County will pay $2,400,00 to the Blucher Law Group, LLC. in full settlement of
its claim for fees.
4. This Mediated Settlernent Agreement is subject to approval by the collier County
Commission,
5. Upon approval by the Commission, the parties will agree to a Stipulated Order of
Taxing Fees and Costs as setforth above,
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2/8/2011 Item 16.K.1.
This Agreement, dated January 7, 2011, contains all of the agreements of the parties.
Blucher Law Group, LLC
Attorneys for themselves
And Haynes Appraisal and
Annstrong Forensic Engineers
Tracy Starrett, Esquire
Jeff Annstrong, for
Annstrong Forensic Engineers, Inc.
Charles W. Haynes, Jr, for
Haynes Appraisal Group, Inc,
07-2746-CN2032
2
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Office of the County Attorney
Robert N, Zachary
Assistant County Attorney
Kevin Hendricks, Collier County
Right-of- Way Acquisition Manager
2/8/2011 Item 16.K.1.
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2/8/2011 Item 16.K.1.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida,
Petitioner,
v.
Case No. 07-2746-CA
ARMANDO B. YZAGUIRRE, et aI.,
Parcel(s): 179RDUE
Respondents.
/
STIPULATED ORDER TAXING FEES AND COSTS
THIS CAUSE, having come bcfore the Court upon joint motion of the parties, Petitioner,
COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents,
ARMANDO B. YZAGUIRRE, by and through their undersigned counsel, for entry of a
Stipulated Order Taxing Fees and Costs, and thc Court, being fully advised in the premises, it is
hereby
ORDERED AND ADJUDGED that Respondents, ARMANDO B, YZAGUIRRE,
receive from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Sixteen Thousand
Four Hundred No/100 Dollars ($16,40(1.00) which includes Eight Thousand No/lOO Dollars
($8,000) for appraisal services and Six Thousand No/100 Dollars ($6,000) for engineering fees
and Two Thousand Four Hundred No/100 Dollars ($2,400) in supplemental attorneys fees,
which total sum includcs all expeli fees and defense costs rccoverable by Respondents in this
cause; and it is further
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, shall, within thirty
(30) days from the date of this Order, pay the sum of 16,400.00 to BLUCHER LAW GROUP,
LLC, 7300 Delainey Court, Sarasota, FL 34240, for proper disbursement of fees and costs,
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2/8/2011 Item 16.K.1.
DONE AND ORDERED in Naples, Collier County, Florida, this
day of
,2011.
HUGH D, HA YES
Circuit Court Judge
Conformed copies to:
Robert N. Zachary, Esquire
Mr, Paul A. Blucher, Esquire
Kevin Hendricks, Manager ROW
Bookkeeping
JOINT MOTION
Thc Partics, by and through thcir undcrsigned attorneys, hereby move for entry of the
forcgoing Stipulatcd Ordcr Taxing Fees and Costs,
Dated:
Dated:
~Robert N, Zachary
Assistant County Attorney
Florida Bar No,: 816604
3299 East Tamiarni Trail, STE, 800
Naples, Florida 34112
(239) 252-8400 - Phone
(239) 252-6300 ~ Facsirnile
A HORNEY FOR PETITIONER
Paul A. Blucher, Esquire
Florida Bar No.: 860409
Tracey Starrett, Esquire
Florida Bar No,: 7171
Blucher Law Group, LLC
7300 Delainey Court
Sarasota, FL 34240
(941) 361-1145- Phone
(941) 361-1146- Facsimile
ATTORNEY FOR RESPONDENT:
ARMANDO B, YZAGUIRRE
07-2746-CAI20JH
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