Agenda 03/09/2010 Item #16K 1
Agenda Item No. 16K1
March 9, 2010
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $48,700 for
Parcel209FEE in the lawsuit styled Collier County v. Pablo M. Sardinas, et aL, Case No. 07-
2824-CA (Oil Well Road Project 60044) (Fiscal Impact $8,000).
OBJECTIVE: That the Board of County Commissioners approve the attached Stipulated Final
Judgment for payment of full compensation for the taking ofParcel209FEE in the lawsuit styled
Collier County v. Pablo M. Sardinas, et al., Case No. 07-2824-CA (Oil Well Road Project
60044) .
CONSIDERATIONS: Collier County has condemned a .758 acre parcel for road rightoof-way
(ParceI209FEE) from the property owner, Jorge T. Torres. The County's initial appraisal dated
February 9, 2007, valued the taking at $56,900. The County offered the owner $75,800, which
includes the value of the take plus a settlement incentive, as the County's statutory offer on June
27,2007. The offer was not accepted. A second appraisal dated November 2, 2007, reflects a
reduction in value of Parcel 209FEE to $26,500. An Order of Taking hearing was held on
January 4, 2008, and the County deposited the sum of $26,500 in the Court Registry. The
owner's appraisal valued the parcel at $80,000 per acre or $60,000 and found severance damages
of$55,000, for a total compensation of$115,000.
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On July 28, 2008, under agenda item l6KlO, the Board of County Commissioners authorized the
making of an Offer of Judgment in the amount of $48,700. The owner has accepted the
County's offer. The remaining issue is expert fees and costs. Owner and County have agreed to
the sum of$8,000 for owner's appraisal fees and costs.
Appraisal fees and costs:
TOTAL:
$8,000
$8,000
FISCAL IMPACT: Funds in the amount of $8,000 are available from gas taxes and impact
fees.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve the Stipulated
Final Judgment as to Parcel 209FEE and authorize payment of the funds as stated.
PREPARED BY: Robert N. Zachary, Assistant County Attorney
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CP: 07-2824-CA;308
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Agenda Item No. 16K1
March 9, 2010
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K1
Recommendation to approve a Stipulated Final Judgment in the amount of $48,700 for
Parcel209FEE in the lawsuit styied Collier County v, Pablo M, Sardinas, et aI., Case No. 07-
2824-CA (Oil Well Road Project 60044) (Fiscal Impact $8,000).
3/9/2010 9:00:00 AM
Meeting Date:
Prepared By
Robert N. Zachary Assistant County Attorney Date
County Attorney County Attorney 2/23/201012:24:19 PM
Approved By
Najeh Ahmad Director M Transportation Engineering Date
Transportation Division Transportation Engineering &
Construction Management 2/23/20102:19 PM
Approved By
Heidi F. Ashton Section Chief/Land Use-Transportation Date
County Attorney County Attorney 2/23/2010 2:47 PM
- Approved By
Norm E. Feder, AICP Administrator - Transportation Date
Transportation Division Transportation Administration 2/23/20103:56 PM
Approved By
Lisa Taylor ManagemenUBudget Analyst Date
Transportation Division Transportation Administration 2/24/2010 8:08 AM
Approved By
Robert N, Zachary Assistant County Attorney Date
County Attorney County Attorney 2/24/2010 3:28 PM
Approved By
Kevin Hendricks Manager - Ri9ht of Way Date
Transportation Division Transportation Engineering &
Construction Management 2/24/20104:38 PM
Approved By
Jeff Klatzkow County Attorney Date
2/26/20101:36 PM
,~oo_ Approved By
Leo E. Ochs, Jr. County Manager Date
County Managers Office County Managers Office 2/27/20107:12 PM
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Agenda Item No. 16K1
March 9, 2010
Page 3 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,
Case No. 07-2824-CA
v.
PABLO M. SARDINAS, et aI.,
Parcel: 209FEE
Respondents.
/
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,
JORGE T. TORRES, by and through his undersigned counsel, for entry of a Stipulated Final
Judgment as to Parcel 209FEE 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, JORGE T. TORRES, and the Court being
otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondent, JORGE T. TORRES, have and recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Forty-Eight Thousand Seven
Hundred and No/lOO Dollars ($48,700.00) for Parcel 209FEE, 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 damages in connection with said parcel; it is further
Agenda Item No. 16K1
March 9, 2010
Page 4 of 8
ORDERED AND ADruDGED that Petitioner, COLLIER COUNTY, FLORIDA, is
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entitled to a credit for the good faith estimate of value previously deposited in the amount of
$26,500.00; it is further
ORDERED AND ADJUGED that without further order of the Court, that within thirty (30)
days hereof, the Clerk shall Disburse the funds on deposit to Respondent, JORGE T. TORRES, a
total of Twenty-Six Thousand Five Hundred and No/lOO Dollars ($26,500.00), c/o the Biersdorf
and Associates Trust Account, 33 S. 6th St. Ste. 4100, Minneapolis, MN 55402; it is further
ORDERED AND ANDruDGED Respondent is entitled to compensation for expert
appraisal fees in the amount of Eight Thousand and No/100 Dollars ($8,000.00); it is further
ORDERED AND ADruDGED that within thirty (30) days hereof, Petitioner shall pay to
Respondent the total sum of Thirty Thousand Two Hundred and No/100 Dollars ($30,200.00),
payable to the Biersdorf and Associates Trust Account, 33 S. 6th St. Ste. 4100, Minneapolis, MN
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55402, for proper disbursement in accordance with this order; it is further
ORDERED AND ADJUDGED that fee simple title to Parcel 209FEE, being fully
described in Exhibit "A" attached hereto and incorporated herein, which 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 ADruDGED that the Notice of Lis Pendens filed in the above-styled
cause and recorded in Official Record Book 4272, Page 3616 of the Public Records of Collier
County, Florida be dismissed as to ParceI209FEE; it is further
ORDERED AND ADruDGED 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 $655.63, plus any
additional accrued interest for parcel 209FEE, to the Board of County Commissioners, account
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number 339-163659-60044; it is further
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Agenda Item No, 16K1
March 9, 2010
Page 5 of 8
.
ORDERED AND ADJUDGED that this Stipulated Final Judgment is to be recorded in the
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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 209FEE 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
,2010.
HONORABLE CYNTHIA A. PIV ACEK
CIRCUIT COURT JUDGE
conformed copies to:
Robert N. Zachary, Esquire
Dan Biersdorf, Esquire
Jennifer Dixon Abbott, Esquire
Kevin Hendricks, Acquisition MgrfTransp.
Clerk's office, Bookkeeping Department
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Agenda Item No. 16K1
March 9, 2010
Page 6 of 8
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
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Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, JORGE T.
TORRES, hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to
Parcel 209FEE.
Dated: 2 - /'--- /0
Dated:
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DAN BIERSDORF, ESQUIRE
Florida Bar No. 19053
Biersdorf & Associates, P A
33 South 6th Street, Suite 4100
Minneapolis, MN 55402
(612) 339-7212 - Telephone
(612) 339-0585 - Facsimile
ATIORNEY FOR RESPONDENT,
JORGE T. TORRES
f(I1/
ROBERTN. ZACHARY
Florida BarNo. 816604
ASSISTANT COUNlY A TIORNEY
Hannon Turner Building, 8th Floor
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
A TIORNEY FOR PETITIONER,
COLLIER COUNlY, FLORIDA
CP:07-2824-CA;295
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Agenda Item No. 16K1
March 9, 2010
Page 7 of 8
CERTIFICATE OF SERVICE
,
I HEREBY CERTIFY that a true and correct copy of the foregoing was forwarded by U.S.
mail to the parties listed below on this the
day of
,2010.
ROBERT N. ZACHARY
ASSISTANT COUNTY ATTORNEY
Jorge T. Torres
c/o Dan Biersdorf, Esquire
Biersdorf & Associates, P A
33 South Sixth Street, Suite 4100
Minneapolis, MN 55402
Collier County Tax Collector
c/o Jennifer Dixon Abbott, Esq.
Rhodes, Tucker & Garrettson
P,O. Box 887
Marco Island, FL 34146
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Agenda Item No. 16K1
March 9, 2010
Page 8 of 8
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PROJECT NO. 60044
PROJECT PARCEL NO. 209 FEE
FEE SIMPLE INTEREST
EXHIBIT Ii
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L~I...~~yB1fIlON & SlSliTC!,\
(NOT A SURVEY)
THE SOllTH 100 FEET OF TRACT 23, GOLDEN GATE ESTATES UNIT
NO. 65-A, AS RECORDED IN PLAT BOOK 9, PAGE 48 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 0.758 ACRES, MORE OR LESS.
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TRACT 23
fEE 81MF'LE
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