Agenda 01/13/2009 Item #16K 3Agenda Item No. 16K3
January 13, 2009
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EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $31,000.00 for
Parcel 113FEE in the lawsuit styled Collier County v. Luz Matlin, et al., Case No. 07- 2850 -CA
(Oil Well Road Project No. 60044). (Fiscal Impact $17,700.00)
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for
payment of full compensation, for the taking of Parcel 113FEE in the lawsuit styled Collier County
v. Luz Matlin, et. al., Case No. 07- 2850 -CA (Oil Well Road Project No. 60044).
CONSIDERATIONS: Collier County has condemned a .379 acre parcel for road right -of -way
(Parcel 113FEE) from property owners, John Popa and Jeanne M. Popa. The County's initial
appraisal dated February 9, 2007, valued the taking at $28,400.00. The County offered the owner
$37,900.00 as the County's statutory offer on June 2, 2007 based on the initial appraisal of
$28,400.00 plus a settlement incentive of $9,500.00. An updated appraisal, dated November 2,
2007, shows a declining market value of $13,300.00 for the taking. An Order of Taking hearing
was held on January 4, 2008, and the County deposited the sum of $13,300.00 in the Court
Registry. This deposit represents a value of $35,000.00 per acre for the land only.
In order to avoid the added costs of mediation or trial, and to recognize a severance damage to this
relatively shallow parcel, staff recommends settlement in the amount of $31,000.00, inclusive of
attorney's fees, expert fees and costs. Please note that settlement is $6,900.00 less than the original
offer.
See attached Stipulated Final Judgment. If approved, the County will be responsible for the
following costs:
Additional settlement amount, including
Attorney's fees, expert fees and costs: $17,700.00
TOTAL: $ 17,700.00
FISCAL IMPACT: Funds in the amount of $17,700.00 will come from the Gas Taxes and Impact
Fee. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: Pone.
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 vole. RN7
RECOMMENDATION: That the Board of County Commissioners approve the Stipulated
Final Judgment as to Parcel 1 13FEE and payment of the funds as stated.
PREPARED BY: Robert N. Zachary, Assistant County Attorney
CP:07- 2850;289
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Agenda Item No. 16K3
January 13, 2009
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16K3
Item Summary:
Recommendation to approve a Stipulated Final Judgment
in the amount of $31,000.00 for
Parcel 113FEE in the lawsuit styled Collier County v.
Luz Madin.. et al., Case No. 07- 2850 -CA
(Oil Well Road Project No 60044). (Fiscal Impact $17,700.00)
Meeting Date:
1113/2009 9'00:00 AM
prepared By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
12/1512008 10:48:39 AM
.Approved By
Gary Putaansuu
Principal Project Manager
Date
Transportation Services
Transportation Engineering and
12/15/2008 1:15 PM
Construction
.Approved By
Lisa Taylor
Management /Budget Analyst
Date
Transportation Services
Transportation Administration
12115/2008 2:48 PM
Approved By
Brian Hancock
Operations Support Manager
Date
- Transportation Division
Transportation Administration
12115'20084:28 PM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
12!1512008 4:37 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
12!16!2008 1:27 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
ransportatian Serekes
TECM -S:OW
1211712008 9:47 Aryl
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
1212212008 8:19 AM
Approved By
Susan Usher
Senior Management ?Budget Analyst
Date
County Managers Office
Office of Management & Budget
12123/2008 10:13 AM
.Approved By
James V. rdludd
County Manager
Date
Board of County
County Manager's Office
12i2412008 9:38 AM
.._. Commissioners
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a I:e:n'Jo. ISK3
n y ? 2009
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N 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,
V.
LUZ MATLIN, et a1.,
Petitioner, Case No. 07- 280 -CA
Respondents.
Parcel: 113FEE
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents,
JOHN POPA and JEANNE M. POPA, by and through their undersigned counsel, for entry of a
Stipulated Final Judgment as to Parcel 113FEE, 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 POPA and JEANNE M. POPA, and the Court
being otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondents, JOIIN POPA and JEANNE M. POPA,
have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Thirty -One
Thousand and No /100 Dollars ($31,000.00) for Parcel 113FEE as full payment for the property
interest taken and for damages resulting to the remainder, if less than the entire property was taken,
for all other damages in connection with said parcel, and for attorneys fees and expert fees and
costs: it is further
Agenda Item No. 1EK3
January 13, 2009
Page 4 of 7
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
$13,300.00; it is further
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay
an additional Seventeen Thousand Seven Hundred and No /100 Dollars ($17,700.00) to
Respondents, JOHN POPA and JEANNE M. POPA, inclusive of attorneys fees, expert fees and
costs, and no further attorneys fees, expert fees and costs shall be awarded; it is further
ORDERED that without further order of the Court, that within thirty (30) days hereof, the
Clerk shall disburse the amount of Two and 99/100 Dollars ($2.99) to the Collier County Tax
Collector, c/o E. Glenn Tucker, Esquire, Rhodes, Tucker & Garretson, P. O. Box 887, Marco
Island, Florida 34146 for payment of real property taxes; it is further
_. ORDERED AND ADJUGED that without further order of the Court, that within thirty (30)
days hereof, the Clerk shall pay to Respondents, JOHN POPA and JEANNE M. POPA, the total
sum of Thirteen Thousand Two Hundred Ninety -Seven and 01 /100 Dollars ($13,297.01), to the
Bella Y. Patel, P.A. Trust Account, c/o Bella Y. Patel, Esq., 13026 Waterford Run Drive,
Riverview, FL, 33569, for the benefit of Respondents, JOHN POPA and JEANNE M. POPA; it is
further
ORDERED AND ADJUDGED that Petitioner shall pay, within thirty (30) days hereof, the
above - mentioned sum of Seventeen Thousand Seven Hundred and No/] 00 Dollars ($17,700.00), to
the Bella Y. Patel, P.A. Trust Account, c/o Bella Y. Patel, Esq., 13026 Waterford Run Drive,
Riverview, FL, 33569, for proper disbursement in accordance with this order; it is further
ORDERED AND ADJUDGED that fee simple title to Parcel 113FEE, being fully
described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner
FA
;;aanda stern Nlo. 13K3
",nu.-
ry 13, 2009
Papa 5 of 7
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 4273, Page 1769 of the Public Records of Collier
County, Florida be dismissed as to Parcel I I3FEE; it is further
ORDERED AND ADJUDGED that pursuant to Section 74.051(3), F.S., the Clerk of
Courts shall disburse the interest earned on the funds on deposit in the amount of S made
payable to the Board of County Commissioners, c/o the Office of the County Attorney, 3301
Tamiami Trail, Naples, East, Florida 34112; 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
ORDERED AND ADJUDGED that this Order disposes of all claims arising out of the
taking of Parcel 151 RDUE and that have or could have been asserted in this cause; it is further
DONE AND ORDERED in Chambers at the Collier County Courthouse, Naples, Florida,
this _ day of January, 2009.
conformed copies to:
Robert N. Zachary, Esquire
Bella Y. Patel, Esquire
E. Glenn Tucker, F,squire
Kevin Hendricks, Acquisition Mgr. /Transp.
Accounting
3
HONORABLE CYNTHIA A. ELLIS
CIRCUIT COURT JUDGE
Agenda Item No. 16K3
January 13, 2009
Page 6 of 7
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, JOHN POPA
and JEANNF M. POPA, hereby respectfully move for entry of the foregoing Stipulated Final
Judgment as to Parcel 113FF.H.
Dated: �z Ck
^r
BELLA Y. PAT L, ESQ.
Florida Bar No, 896489
LAW OFFICE OF BELLA Y. PATEL, P.A.
13026 Waterford Rom Drive
Riverview, Ff. 33569
(873)643 -2762— Telephone
(813) 643- 2612 — Facsimile
ATTORNEY FOR RESPONDEN "I'S,
JOHN POPA and JFANNE M. POPA
Dated:
ROBERT N. 7.ACHARY
Florida Bar No. 816604
ASSISTANT COUNTY ATTORNEY
Harmon Turner Building, 8'" Floor
3301 Fast 1'amiami Trail
Naples, Florida 34112
(239) 774 -8400 - Telephone
(239) 252 -6300 - Facsimile
ATTORNEY FOR PETITIONER
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the
parties listed on the sen�ice list below by U.S. mail, on this _ day of January, 2009.
SERVICE LIST
John Poppa and Jeanne M. Papa
c/o Bella Y. Patel Esquire
LAW OFFICE; OF BELLA Y, PATEL, P.A.
13026 Waterford Run Drive
Riverview, FI, 33569
CP:O - 2h'30,298
4
ROBERT N. ZACI I.ARY
ASSISTANT COUNTY ATTORNEY
Collier County'1'wt Collector
c/o E. Glenn Tucker
RHODES, ]'I?CKER & GARRETSON
P.O. Box 887
Marco Island. Florida 34146
Agenda (tern No. "GK3
Janua ry 13. O,,9
Page 7 of 7
PROJEC� PARCEL . 113 FEE �cHiBiT -' -I
N
FEE SIMPLE INTEREST
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THE SOUTH 50 FEET OF TRACT 15, GOLDEN GATE ESTATES UNIT
NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC
RdCORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 0.379 ACRES, MORE OR LESS.
TRACT 15
FEE SIMPLE
INTEREST
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PRC MWA�WAY(5[FSM
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