Agenda 02/23/2010 Item #16K 2
Agenda Item No. 16K2
February 23, 2010
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to authorize a Stipulated Final Judgment in the amount of $6,000 for Parcel
161RDUE in the lawsuit styled Collier County v. Patricia K. Carlyle, et aL, Case No. 07-2829-
CA (Oil Well Road Project 60044) (Fiscal Impact $4,200).
OBJECTIVE: That the Board of County Commissioners authorize the attached Stipulated Final
Judgment for payment of full compensation, for the taking of Parcel 161 RDUE in the lawsuit styled
Collier County v. Patricia K Carlyle, et. al., Case No. 07-2829-CA (Oil Well Road Project 60044).
CONSIDERATIONS: Collier County has condemned a .052 acre parcel for perpetual, non-
exclusive road right-of-way, drainage and utility easement (Parcel 161RDUE) from the property
owner, Janet R. Messineo. The County's initial appraisal dated June 28, 2007, valued the taking at
$3,900. The County offered the owner $5,150 as the County's statutory offer on July 2, 2007. The
offer was not accepted. A second appraisal dated November 2, 2007, reflects a reduction in value
ofParcel161RDUE to $1,800. An Order of Taking hearing was held on January 4, 2008, and the
County deposited the sum of$I,800 in the Court Registry. The owner's appraiser valued the taking
at $4,200. Mediation was scheduled for January 26, 2010, but was cancelled. A settlement
agreement inclusive of compensation, as well as attorney's fee, expert fees and costs, was reached
prior to mediation.
Staff recommends settlement in the amount of $6,000, inclusive of attorney's fees, expert fees and
costs. The benefit ofthe settlement is to avoid additional costs associated with discovery, mediation
and possible trial. If approved, the County will be responsible for the following costs:
Additional Amount Owed:
TOTAL
$4.200
$4,200
FISCAL IMPACT: Funds in the amount of $4,200 are available in Gas Taxes and/or Impact
Fees.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ
RECOMMENDATION: That the Board of County Commissioners authorize the Stipulated
Final Judgment as to Parcel161RDUE and authorize payment of the funds as stated.
PREPARED BY: Robert N. Zachary, Assistant County Attorney
CP:07-2829;277
Agenda Item No. 16K2
February 23, 2010
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K2
Recommendation to authorize a Stipulated Final Judgment in the amount of $6,000 for
Parcel 161 ROUE in the lawsuit styled Collier County v. Patricia K. Carlyle, et aI., Case No.
07 -2829-CA (Oil Well Road Project 60044) (Fiscal Impact $4,200).
2/2312010 9:00:00 AM
Meeting Dale:
Prepared By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney
2/10/20102:27:10 PM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney
2110/20102:55 PM
Approved By
Kevin Hendricks
Manager - Right of Way
Transportation Engineering &
Construction Management
Date
Transportation Division
2/10/20103:48 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Division
Transportation Administration
2/10/20104:14 PM
Approved By
Therese Stanley
Manager - Operations Support - Trans
Date
Transportation Division
Transportation Administration
2/10/20104:39 PM
Approved By
Norm E. Feder. AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
2/10/2010 4: 54 PM
Approved By
Heidi F. Ashton
Section Chief/Land Use.. Transportation
Date
County Attorney
County Attorney
2/11/20103:29 PM
Approved By
Najeh Ahmad
Director - Transportation Engineering
Transportation Engineering &
Construction Management
Date
Transportation Division
2/11/20103:39 PM
Approved By
Jeff Klatzkow
County Attorney
Date
2/12/20108:40 AM
Agenda Item No. 16K2
February 23, 2010
Page 3 of 8
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
2/16/2010 11:04AM
Approved By
Leo E. Ochs, Jr.
County Manager
Date
County Managers Office
County Managers Office
2/16120103:06 PM
Agenda Item No. 16K2
February 23, 2010
Page 4 of 8
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. 07-2829-CA
PATRICIA K. CARLYLE, et aI.,
Parcel No. l6lRDUE
Respondents.
I
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent,
JANET R. MESSINEO, by and through her undersigned counsel, for entry of a Stipulated Final
Judgment as to Parcel l6lRDUE for Project No. 60044, and it appearing to the Court that the
parties are authorized to make such Motion, the Court finding that the compensation to be paid by
Petitioner is the full compensation due the Respondent, JANET R. MESSINEO, and the Court
being otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondent, JANET R. MESSINEO. have and recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Six Thousand and NollOO
Dollars ($6,000.00) for Parcel l6lRDUE, as full payment for the property interest taken and for
damages resulting to the remainder, if less than the entire property was taken. and for all other
~ attorney's fees and costs and expert fees and costs in connection with said parcel, and no
further attorney's fees, experts fees or costs shall be incurred in this case; it is further
Agenda Item No. 16K2
February 23,2010
Page 5 of 8
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY. FLORIDA, is
entitled to a credit for the good faith estimate of value previously deposited in the amount of
$1,800.00; it is further
ORDERED that without further order of the Court, that within thirty (30) days hereof, the
Clerk shall disburse the amount of One Thousand Eight Hundred and No/I00 Dollars ($1,800.00),
payable to the Trust Account of James Karl & Associates, P.A., c/o James L. Karl, IT, Esquire, 678
Bald Eagle Drive, Marco Island, Florida, 34145; it is further
ORDERED that without further order of the Court, that within thirty (30) days hereof,
Petitioner, COLLIER COUNTY, shall pay to Respondent, JANET R. MESSINEO, the total sum of
Four Thousand Two Hundred and No/IOO Dollars ($4,200.00), payable to the Trust Account of
James Karl & Associates, P.A., c/o James L. Karl, IT, Esquire, 678 Bald Eagle Drive, Marco Island,
Florida, 34145; it is further
ORDERED AND ADJUDGED that title to Parcel 161RDUE, being a perpetual non-
exclusive road right of way, drainage and utility easement, as fully described in Exhibit "A"
attached hereto and incorporated herein, is vested in Petitioner pursuant to the Order of Taking
dated January 4, 2008, and the deposit of money heretofore made, is approved, ratified, and
confirmed; it is further
ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled
cause and recorded in Official Record Book 4272, Page 3641 of the Public Records of Collier
County, Florida be dismissed as to ParceI16IRDUE; it is further
ORDERED AND ADJUDGED that pursuant to Section 74.051(4), F.S., the Clerk of
Courts shall disburse the interest earned on the funds on deposit in the amount of $44.28, plus any
additional accrued interest for parcel 161RDUE, to the Board of County Commissioners, account
number 339-163659-60044; it is further
2
Agenda Item No. 16K2
February 23, 2010
Page 6 of 8
ORDERED AND ADJUDGED that this Stipulated Final Judgment is to be recorded in the
Official Records of Collier County, Florida; it is further
ORDERED AND ADJUDGED that this Order disposes of all claims arising out of the
taking of Parcel 161 ROUE and that have or could have been asserted in this cause; it is further
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this
day of February. 2010.
HONORABLE CYNTHIA A. PIV ACEK
CIRCUIT COURT JUDGE
conformed copies to:
Robert N. Zachary, Esquire
James L. Karl, II, Esquire
Kevin Hendricks, Acquisition Mgr.rrransp.
Accounting
3
Agenda Item No. 16K2
February 23,2010
Page 7 of 8
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY. together with Respondent, JANET R. MESSINEO,
hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcel
161RDUE.
D"" fl"
L
JAMES L. KARL. II, ESQUIRE
Florida Bar No. 709451
James Karl & Associates. PA
678 Bald Eagle Drive
Marco Island, Florida 34145
(239) 642-9988 - Telephone
(239) 642-9995 - Facsimile
A TIORNEY FOR RESPONDENT,
JANET R. MESSINEO
Dated:
~~/
ROBERTN, CHARY
Florida Bar No. 816604
ASSISTANT COUNTY A TIORNEY
Harmon Turner Building, 8th Floor
330 I East Tamiami Trail
Naples, Florida 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
A TIORNEY FOR PETITIONER,
COLLIER COUNTY
CP: 07-2829;276
4
Agenda Item No. 16K2
February 23. 2010
Page 8. of 8
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PROJECT O. 60044
PROJECT AReEL NO. 181RDUE
PERPETU L. NON.EXCLUSlVE ROAD RIGHT.OF-WAY, DRAINAGE AND UTILITY EASEMENT
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY) EXHIBIT If
~ 71'01 iCb
TH WEST 30 f'EET OF THE EAST 80 FEET OF THE NORTH 75 FEET
OF CT 123 GOLDEN GATE ESTATES UNIT NO. 69, AS
RE RDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS
OF OLLIER COUNTY, FLORIDA
. CONTAINING 0.052 ACRES, MORE OR LESS.
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THE NORTH 75 FEET OF TRACT 123
NORTH
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