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Agenda 09/28/2010 Item #16K 1 Agenda Item No. 16K1 September 28,2010 Page 1 of 10 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment in the amount of $69,900 for Parcels 121 & 721 in the lawsuit styled Collier County v. Rafael Liy, et al., Case No. 05-752-CA (Collier Boulevard (951) Project No. 65061) (Fiscal Impact $31,521.80) OBJECTIVE: That the Board of County Commissioners approve the attached Stipulated Final Judgment for payment of full compensation, for the taking of Parcels 121 and 721 in the lawsuit styled Collier County v.Rafael Liy, et. al., Case No. 05-752-CA (Collier Boulevard (951) Project No. 65061). CONSIDERATIONS: Collier County has condemned a 0.0861 acre parcel for fee simple (Parcel 121) and 0.0086 acre parcel for a temporary construction easement (Parcel 721) from the property owners, John and Angela Rippons. The area of the taking is improved with site clearing/fill and grade, portions of the concrete drive and gravel parking area, concrete parking bumpers, one model home sign, lights for sign, small earth berm, wood cross ties, portions of tbe irrigation system, landscaping and sod. The parent tract is improved with a model home. The County's initial appraisal dated January 21,2005 valued the taking at $48,900 for Parcel 121 and Parcel 721. The County offered the owners $50,440 for both Parcels as the County's statutory offer on January 27, 2005. The offer was not accepted. An updated appraisal was done on August 23, 2005, which valued the taking at $55,800 for the Parcels. An Order of Taking hearing was held on September 7, 2005, and the County deposited the sum of $55,800 in the Court Registry. The owner's appraiser valued the land essentially the same as the County's appraisal, but found a much greater severance damage due to reduced setback from the road. The owner's appraiser valued total compensation at $98,286. At mediation a settlement was reached in the amount of $69,900.00 exclusive of attomey's fees and expert's fees and costs. The settlement was reached mainly to avoid the cost of further discovery and trial. The owner utilized as experts an appraiser, landscape architect and a General Contractor. These expert witnesses presented invoices for their services totaling $18,155.00. Their fees were negotiated to $11,000.00 or 60% of the original invoice. If the attached Stipulated Final Judgment is approved, the County will be responsible for the following costs: Additional Amount Owed: · Attorneys fees and Costs: Expert Fees and Costs: TOTAL $14,1 00.00 $6.421.80 $11,000.00 $31.521.80 * Attomey's Fees are mandated by S73.092, F.S., and are based on 33% of the total benefit achieved, i.e., 0.33 x ($69,900 - $50,440). FISCAL IMPACT: Funds in the amount of $3] ,52] .80 are availab]e in the Road Impact Fee fund. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is legally sufficient It)r Board action. RNZ RECOMMENDATION: That the Board of County Commissioners authorize the Stipulated Final Judgment as to Parcels ]2] and 721 and authorize payment of the funds as stated. PREPARED BY: Robert N. Zachary, Assistant County Attorney CP: 05-0752CA/530 Agenda Item No. 16K1 September 28, 2010 Page 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16K1 Recommendation to approve a Stipulated Final Judgment in the amount of $69,900 for Parcels 121 & 721 in the lawsuit styled Collier County v. Rafael Liy, et aI., Case No. 05-752-CA (Collier Boulevard (951) Project No 65061) (Fiscal Impact $31,521.80) 9128/20109:00:00 AM Meeting Date: Prepared By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney 919120104:04:57 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney 9113/20104:23 PM Approved By Kevin Hendricks Manager ~ Right of Way Transportation Engineering & Construction Management Date Transportation Division 9114120109:37 AM Approved By Norm E. Feder, AICP Administrator - Transportation Date Transportation Division Transportation AdminIstration 9114/201010:24 AM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Division Transportation Administration 9114120101 :26 PM Approved By Jeff Klatzkow County Attorney Date 9121120101:44 PM A pproved By OMS Coordinator Date County Manager's Office Office of Management & Budget 9121/20102:28 PM Approved By Susan Usher ManagementfBudget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 9/22/20108:11 AM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 9/22/20109:38 AM "'-"-_._.._,~"...__.-_.,,~--_."~- A~enda Item No. 16K 1 'September 28,2010 Page 3 of 10 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. 05-752-CA RAFAEL LIY, et aI., Parcel No. 121,721 Respondents. / STIPULATED FINAL JUDGMENT TIllS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents, JOHN and ANGELA RIPPONS, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcels 121 and 721 for Project No. 65061, 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 Respondents, JOHN AND ANGELA RIPPONS, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, JOHN AND ANGELA RIPPONS, have and recover from Petitioner, COLLIER COUNTY, the total sum of Sixty Nine Thousand Nine Hundred and No/100 Dollars ($69,900.00) for Parcels 121 and 721, 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 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 $55,800.00; it is further Agenda Item No. 16K1 September 28,2010 Page 4 of 10 ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shal1 pay an additional Thirty One Thousand Five Hundred Twenty-One and 80/100 Dollars ($31,521.80) which includes Fourteen Thousand One Hundred and No/lOO Dollars ($14,100.00) in additional compensation, Six Thousand Four Hundred Twenty-One and 80/100 Dollars ($6,421.80) for attomey's fees and Eleven Thousand and 00/100 Dollars ($11,000.00) for expert fees and costs; it is further ORDERED AND ADJUDGED that without further order of the Court, that within thirty (30) days hereof, Petitioner, COLLIER COUNTY, FLORIDA, shall pay for the benefit of Respondents, JOHN AND ANGELA RIPPONS, the total balance of $31,521.80 to FINK &. BOYLE, Trust Account c/o Mark A. Boyle, Esquire, 2050 McGregor Blvd., Ft. Myers, FL 33901 for proper disbursement in accordance with this order; it is further ORDERED AND ADJUDGED that fee simple title to Parcel 121 and tempormy construction easement to Parcel 721, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Stipulated Order of Taking dated September 7, 2005, 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 3790, Page 2512 of the Public Records of CoIlier County, Florida be dismissed as to Parcels 121 and 721; it is further ORDERED AND ADJUDGED that the Mediated Settlement Agreement of May 28, 2010 attached hereto as Attachment "B", be incorporated into and made part of this Stipulated Final Judgment; it is further ORDERED AND ADJUDGED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is further 2 .~_.~-,-~.".",,--~",~-~.~,-,,~,~., .'. -".,.,.,.~-~,_.;" Agenda Item No. 16K1 September 28,2010 Page 5 of 10 ORDERED AND ADJUDGED that this Order disposes of all claims arising out of the taking ofParccls 121 and 721 and that have or could have been assc:rtc:d 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 Mark A. Boyle, Esquire Kevin Hendricks, Acquisition Mgr.rrransp. Accounting . 3 Agenda Item No. 16K1 September 28,2010 Page 6 of 10 JOINT MOTION FOR STIPULATED FlNAL JUDGMENT Petitioner, COLLIER COUNTY, together with Respondents, JOHN AND ANGELA RIPPONS, hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcels 121 and 721. Dated: MARK A. BOYLE, ESQUIRE , Florida BarNo. 5886 FINK & BOYLE, PA 2050 McGregor Blvd. Ft.My~,FL 33901 (239) 239-337-1303 (239) 239-337-7674 ATTORNEY FOR RESPONDENTS OS.()7S2CNS31 Dated: ~OBERT N. ZACHARY, ESQUIRE Florida Bar No.: 816604 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 - Telephone (239) 252-6300 - Facsimile ATTORNEY FOR PETITlONER 4 "_"'_"___~~"_......."_....""._~~'_M.~""-..",_,,..,,._...____,,~....,_, pag~i.j . d~EN GA.EsrATES UNIT NO. '2 P.B. 4. PAGE 7~ TRACT @) UNE L71 L72 L7J L.74 LEGIIl. DESCRIPTlON A portion of the North 75 feat of th. South 150 feet of Trcct 109 Golden Oate Eltatos Unit No.2, Plot Book 4. peoa 75, of the Public Rocordl of com.r County, F10rfdCl, being more particularly dnol1bed 08 follows: ::ommenclng at the Northeast !;Orner ,f Trao/; 109j thenOt S.OO"2!'32"E, lion; the Easterly line of Troet 109, 1 dlltanae of 180.00 f..t to the lorthealt: corner of thtl South 150 Ollt of Tract 10S and the POINT OF' IEOINNING: thance S.OO'2.S'32"E, along "'e Ea.t !lno of Tract 1091 a lstanet of 75.00 feet to tts rtl!lrB8CUOn wIth the South line of ,e North 15 ,eet of. the South 1 ao ,et of Tract 10S; thsnce ,89'3"2.8"W. I:llong Bald. South line a lctanoe of 60.00 f..t: th.nce .00"2S'32.W., q distance of 75.00 1St to Ita InteJ"'8ect:lan with the North Ul gf the South 1 So f.at of Tract 19; thence N.a9'31t28"e:. along sold 1rth IIn.. CI dl.tt:tnce of 50.00 feat the POINT OF BEGINNING. mtclnlnq ~,750.00 square feet or ::1861 ocruG. more or 1858. ~afI.~ ~~ (FOR THE FIRM) :lRlDA~ . , -/7 "OJ (OATE SIGNED) r VAUD WlTHO\JT. THE SIONATURE AND THE :l1NA/.. RAISED, SEAL OF A FI.ORlOA UCENSEO M:YOR AND MAPPER. mFlCATE OF AUTHORIZATION L9 #43 ~ 65061 PNlllU. NIl. I 121 WiI.Mill,,"' ~........,..".,.,.~........~~ _.~='.':...- ~... .,..,....... ............->.,................. 113 - Dlh3t.ao ~ttm\,NtQtl\llt_'CG.dwt LINE TABLE LENGTH 50.00 75.00 ,00 75,00 NOTES, Agenda Item No. 16K 1 Septemp r 28.2010 h 1,Of . P ge7of10 Ii! d I -.. Ii:! I iJ; ~ ~ I ~ ~ .:;, ~ - . I. ll/ i' "'~' i..: U~ I I I I ,. lhll Is not a turvey. 2. Bcala of bearing III the Weat Un_ of County Rood 951 (C.R. 951) belnv N 00"28'32" W, Florida state PIaI1. CoordInate. NAD 83/110, ECllt Zone:. ,). subject to ease mente, ",Dervatlon. Gnd r'estrloUcna. Dr record. 4. Eaeamenla shown her'$On Orll per plot, unl.s. otherwl.. noted. S. ROW repr..ente RIgh\-of-WClj', 6. P.C.B. represents Point of BeginnIng. 7. P.Q,C. reprfl"nta Point of Commencement. 8. O.R, represents Offlolol Recordo:. 9. L..B.E. repre88ntB I..attd8CClpe Buffer Easement. 10. U.t:. repl'9lontB utIl1t)' Ecsement. FEE IIMPl.E INTEREST + N I ~- ,I . . lID tOD ZLlll ORAPHIC $OO.f COWER COU/VTY DE:PAImlI!Iff OF TRANSPOFrrAlIDN CW/lOOJ "', Nfla,5-oa.s-oOO SKE:TCH &: Df:SORJPI7ON EXHIBIT A Agenda Item No. 16K1 September 28, 2010 , 'ge 8 of 10 TRAr.T C@ . . Me j I q , . '" i ~. j lll.. iii : .~: '::r W~, if :i! ~ - ~ GOLDe:N GATE ESTATES UNrr NO. 2 P.B. 4,. PAGE 75 TRACT ~ 152 I I .. . TRACT CD]) LINE TABLE LENGTH 75.00 50.00 5.00 75.00 5.00 75.00 LINE L148 LU9 U50 L1S1 LI52 Ll6J LEGAL DESCRIPTION A portion of the North 75 feet of Un, South 1ao f.at of Tract 109 GOld,n. Gatl Eftattll Unit No.2. Plot Book 4, Page 75-78. of the PUbllo Reoortlt of Collier Count)'. F1orido. beln; lTlort! partlouJarly de8D"rlb.d a8 follcl1nu Commencing ot the South8Ollt. comer cf Tract 100: thence N.OO'2S'32."W. along' the Eall 11". of Tract 109, Q dlltanoe of 75.00 feetJ u,ence S,S9"31'2B"W, alon<; tho South Uno .f tho North 75 feel of the South 150 f.et of Troot 109, 0 dJltanoe of 50.00 1m to the POINT OF" BEaINNlNGj thanee continue S.BS'31'28'W. along aald line. a dllltonce of 5.00 flet; thlnee N.Ocr28'32"W., c dl8tdnoe af 75.00 feet to lw InteMl"tfon with the 'North line of the South 150 f.et of Tract 109: theno. N.B9"31'28"E, alonli! said North line, a dletanctJ of 5.00 feet; thence S.o'O'2B'32"E.. d dl.tanae of 75.00 foot \0 tho POINT or BEGINNING, Contolr'llng 375.00 square feot or 0.0086 acres, more or leu. NOTES: 1. Thl8. 18 not CI survey. 2. Basffil of bearing III tha West One of Cop'l'Ity Road 951 (C.R. 851) baing N 00"28'32" W, IFlorido Stole PIano Coordlnateo NAIl BJ/90. Em Z~no. .:5. SubJ.=t lo .onmen~, reservations and reltrlctlon. or record. 4. l::asemGnts shl;lwn heraon are per plat., unlen otherwise noted. . 5. ROW rtlQretll!ltlts -RIght-af-Way. 6. P.O.B. repreaenllil Point of Baglnnlno. 7. P .O.C. repllJlumts !'olnt of CommBl1csmenl 8. O.R. reprnents Official liecords. S. La,E. reprenntB Landsoope Bufferr Easement. 10. U.E. Illpre8entcl Ulmty Easement. TI!/oI1OFWl\' CONSTRUCTION EiA8EMEIt1' fOURATION: 3 YIIAR8 FRQM OOMMI!NCI!MI!NT 01' CONSlRIJCTlCN) + N )' . (F"OR THE FIRM) 4 -;\';\-0" (DATE SIGNED) r VALID WTTHOUT THE SICNAlIJRE AND THE ::fNAL AA1SED SE:AL OF' A Ft.OR:IDA UCENSED ,I'EYOR AND MAPPER. mFlCATE or AI.ffiIORIZATlON UI *43 I- I .. I' toll QRIJI'HIC SCALP; I '" 001 65061 l'Me.tI..NlJ,l 721 WlI"MlIIBi."W- '~.""'''''''''.~'''''.~CIlIdD ~ht . ..... .,..::-...lWA"... ~.:-:,,,,............. m.. 111.:11:81 ~1lUR\HICl1~1N100.1I" GOUJOI/ GOUNrY DOPAAThfENT OF TRANSPORTATION SKErCI/ '" DfSCRIPTlON ...... . NfOI6-QIM-Df)(} 09/lDD3 121 OF' xxx 2L--812 ~ Agenda Item No. 16K1 September 28,2010 Page 9 of 10 . . ~ .( 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: 05-752-CA Parcels: 121,721 RAFAEL LIY, et al., Respondents. / MEDIATED SETTLEMENT AGREEMENT At a Mediation Conference held on May 28, 2010, the parties reached the following Settlement Agreement. -::S'ak", "" h tJ S cJc... f.l '-P'fI~" ~ 1. Petitioner will pay to Respondent(s), tl W , the sum of $ '-4 Dt tJO 'jPin full settlement of all claimJ; for compensation from Petitioner whatsJever, including statutory interest, but excluding attorney's and expert's fees and costs. Said sum will be subject to claims of apportionment, if any. 2. Petitioner is entitled to a credit in the amount of$ t;;S;: 'i"I1Q ~~which was previously deposited in the registry of the Court in this case by Petitioner. 3. COlUlsel for Petitioner and Respondent(s) will jointly submit to the Court for signature a mutually approved Stipulated Final Judgment in this matter as soon as practical hereafter, 4. Petitioner will pay Respondent(s) the balance due of $ I Y) \ dO 1".J within thirty (30) days of the actual date of receipt by Petitioner's counsel of a conformed copy of the aforesaid Stipulated Final Judgment from the Court. 5. The Court will retain jurisdiction herein as to the matter of attorney(s) fees and experts' costs. G. Settlement of this case is conditioned upon final approval by Collier COlUlty Board of COlUlty Commissioners. / 7. Attached hereto is an addendum to this agreement: __. Yes L No. EXHIBIT 1-13 4 . ~. ~ c' t r Collier EiJn R-l c:../<:s :1?3~~ Florida Bar No: 816604 Office of the County Attorney Harmon Turner Bldg, 3301 East Tamiarni Naples, FL 3411 Attorneys for P 'tioner, ee County Office: -2 -4673 ew G, Diaz, ESq~. 're (Mediator) Florida Bar No: 8166 5001 West Cypress S eet Tampa, FL 33607/ Office: (813) 221-9000 Fax: (813) 221-9030 Agenda Item No. 16K1 September 28,2010 Page 10 of 10 fJ. ~.