Agenda 05/26/2009 Item #16K3
Agenda Item No. 16K3
May 26, 2009
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $110,000.00 for
Parcel 124 in the lawsuit styled Collier County v. William Pilger, et al., Case No. 06-1125-CA
(County Barn Road Project 60101). (Fiscal Impact $49,670.00)
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for
payment of full compensation, for the taking of Parcel 124 in the lawsuit styled Collier County v.
William Pilger, et. ai., Case No. 06-1 125-CA (County Barn Road Project 60101).
CONSIDERATIONS: Collier County has condemned a .387 acre parcel for a perpetual non-
exclusive road right-of-way, drainage and utility easement (Parcel 124) from homeowners Robert
A. Flick and Patty Flick Richards. The County's initial appraisal dated January 30, 2006, valued
the taking at $87,900. The County offered the owner $87,900 as the County's statutory offer on
February 28, 2006. An updated appraisal, dated November 1, 2006, shows a declining market value
of $73,000 for the taking. An Order of Taking hearing was held on November 21, 2006, and the
County deposited the sum of $73,000 in the Court Registry. The owners' original counter offer was
$332,000, plus attorney's fees and expert fees and costs.
Staff recommends settlement in the amount of $122,500, inclusive of attorney's fees, expert fees
and costs. The settlement amount for the parcel reflects the value of the land along with
-- improvements taken (fencing, driveway, fill, clearing and grading), as well as damages for the
reduction in the number of multi-family units that can be built on the remainder parcel. The
breakdown of this settlement is $110,000 in compensation to the owner and $12,500 in attorney's
fees, expert fees and costs. See attached Stipulated Final Judgment.
If approved, the County will be responsible for the following costs:
Additional compensation to owner:
Attorney's fees, expert fees, and costs:
Clerk's Fees
TOTAL:
$37,000
$12,500
$ 170
$49,670
FISCAL IMP ACT: Funds in the amount of $49,670 will come from the Gas Taxes and Impact
Fees. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMP ACT: None.
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
RECOMMENDATION: That the Board of County Commissioners approve the Stipulated
Final Judgment as to Parcel 124 and authorize payment of the funds as stated.
-
PREPARED BY: Robert N. Zachary, Assistant County Attorney
CP:06-1125;228
Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
Agenda Item No. 16K3
May 26,2009
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K3
Recommendation to approve a Stipulated Final Judgment in the amount of $110,000.00 for
Parcel 124 in the lawsuit styled Collier County v. William Pilger. et aI., Case No. 06-1125-CA
(County Barn Road Project 60101). (Fiscal Impact $49,670.00)
5/26/2009 9:00:00 AM
Prepared By
Robert N. Zachary
County Attorney
Assistant County Attorney
County Attorney Office
Date
5/13/200911 :14:38 AM
Approved By
Debbie Armstrong
Transportation Services
Property Acquisition Specialist
Date
TECM-ROW
5/13/200911 :28 AM
Approved By
Therese Stanley
Transportation
Grants Coordinator
Date
Transportation Administration
5/13/2009 3:23 PM
Approved By
Najeh Ahmad
Transportation Services
Director
Date
Transportation Engineering &
Construction Management
5/14/2009 9:03 AM
Approved By
Robert N. Zachary
County Attorney
Assistant County Attorney
County Attorney Office
Date
5/14120099:51 AM
Approved By
Lisa Taylor
Transportation Services
Management/Budget Analyst
Transportation Administration
Date
5/14/2009 10:02 AM
Approved By
Jeff Klatzkow
County Attorney
County Attorney
County Attorney Office
Date
5114/20094:53 PM
Approved By
OMS Coordinator
County Manager's Office
OMB Coordinator
Date
Office of Management & Budget
5/15/20099:31 AM
Approved By
Susan Usher
County Manager's Office
Senior Management/Budget Analyst
Office of Management & Budget
Date
5/20/20093:09 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
5/20/20094:12 PM
file:/ /C:\AgendaTest\Export\ 130-May%2026, %202009\ 16. %20CONSENT%20AGENDA \ 1... 5/20/2009
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CmCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
Agenda Item No. 16K3
May 26, 2009
Page 3 of 8
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida,
Petitioner,
Case No. 06-1125-CA
v.
WILLIAM PILGER, et al.,
Parcel: 124
Respondents.
1
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,
ROBERT A. FLICK and PATTY FLICK RICHARDS, by and through their undersigned counsel,
for entry of a Stipulated Final Judgment as to Parcel 124, 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, ROBERT A. FLICK and PATTY FLICK
RICHARDS, and the Court being otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondents, ROBERT A. FLICK and PATTY
FLICK RICHARDS, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total
sum of One Hundred Ten Thousand and No/100 Dollars ($110,000.00) for Parcel 124, 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
$73,000.00 it is further
Agenda Item No. 16K3
May 26, 2009
Page 4 of 8
ORDERED AND ADJUDGED that within thirty (30) days of receipt by Petitioner of the
Stipulated Final Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall
deposit an additional Thirty-Seven Thousand and Noll 00 Dollars ($37,000.00) into the registry of
the Clerk of the Circuit Court for the benefit of Respondents, ROBERT A. FLICK and PATTY
FLICK RICHARDS; it is further
ORDERED AND ADJUDGED that disbursement of the funds on deposit shall be by
further order of this Court; it is further
ORDERED AND ADJUDGED that Respondents will receive, pursuant to S73.092(1), Fla.
Stat., as a reasonable attorney's fee and expert witness fees and defense costs in the sum of Twelve
Thousand Five Hundred and No/lOa Dollars ($12,500.00), and no other attorney's fees, expert fees
or other costs shall be awarded in connection with the above-styled cause of action as it relates to
Parcel 124; it is further
ORDERED AND ADJUDGED that within thirty (30) days hereof, Petitioner shall pay the
total sum of$12,500.00, payable 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 124, a perpetual non-
exclusive road right-of-way, drainage and utilities easement, being fully described in Exhibit "A"
attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking
dated November 21, 2006, 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 4084, Page 385 of the Public Records of Collier
County, Florida be dismissed as to Parcel 124; it is further
2
Agenda Item No. 16K3
May 26, 2009
Page 5 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 124 and that have or could have been asserted in this cause; it is further
ORDERED AND ADJUDGED that the compensation award is subject to the claims of the
mortgagee, Fifth Third Bank; it is therefore
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _ day of
,2009.
HONORABLE CYNTHIA A. PIV ACEK
CIRCUIT COURT JUDGE
conformed copies to:
Robert N. Zachary, Esquire
Bella Y. Patel, Esquire
Scott E. Simowitz, Esquire
E. Glenn Tucker, Esquire
Gregg R. Dreilinger, Esquire
Kevin Hendricks, Acquisition Mgr./Transp.
Accounting
3
Agenda Item No. 16K3
May 26. 2009
Page 6 of 8
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, ROBERT A.
FLICK and PATTY FLICK RICHARDS, hereby respectfully move for entry of the foregoing
Stipulated Final Judgment as to Parcel 124.
Dated:
BELLA Y. PATEL, ESQ.
Florida Bar No. 896489
LAW OFFICE OF BELLA Y. PATEL, P.A.
13026 Waterford Run Drive
Riverview, FL 33569
(813) 643-2762 - Telephone
(813) 643-2612 - Facsimile
ATTORNEY FOR RESPONDENTS,
ROBERT A. FLICK and
PATTY FLICK RICHARDS
Dated:
ROBERT A. FLICK, RESPONDENT
2401 County Barn Road
Naples, Florida 34112-5430
CP:06-1125;227
Dated:
~ ROBERT N. ZACHARY
Florida BarNo. 816604
ASSISTANT COUNTY ATTORNEY
I Jarmon Turner Building, 8th Floor
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 252-6300 - Facsimile
ATTORNEY FOR PETITIONER
Dated:
PATTY FLICK RICHARDS, RESPONDENT
2401 County Barn Road
Naples, Florida 34112-5430
4
CERTIFICATE OF SERVICE
Agenda Item No. 16K3
May 26, 2009
Page 7 of 8
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
U.S. mail to the parties listed below on this the _ day of ,2009.
ROBERTN. ZACHARY
ASSIST ANT COUNTY ATTORNEY
Robert A. Flick and Patty Flick Richards
c/o Bella Y. Patel, Esquire
LA W OFFICE OF BELLA Y. PATEL, P.A.
13026 Waterford Run Drive
Riverview, FL 33569
Collier County Tax Collector
c/o E. Glenn Tucker
Rhodes, Tucker & Garretson
P. O. Box 887
Marco Island, Florida 34146
Wachovia Bank, N.A.
Scott E. Simowitz, Esquire
Moskowitz Mandell Salim & Simowitz, P.A.
800 Corporate Drive, Suite 500
Fort Lauderdale, FL 33324
Countrywide Home Loans, Inc.
Gregg R. Dreilinger, Esquire
The Law Offices of David J. Stern, P.A.
801 S. University Drive, Suite 500
Plantation, FL 33324
5
EXHIBIT A
psgeiZL of...Jcl.
PeRPETUAL, NON1:XCWSIVE
ROAD RIGHT .ol4'VA.Y. DRAINAGE
AND unUTY 1!ASeM!NT
Agenda Item No. 16K3
May 26, 2009
1 0 C Page 8 of 8
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ECT N.O. &0101
EeT PA!leEL NO. 12(
LEGAL DESCRIPTION AND SKETCH
PROPOSED RIGHT OF WAY
(NOT A. stlRVB'Y)
sncnON II, TOWNSHIP $0 SOlJTH, RANGE 26 EAST
COLI..ISll COUNTY, FLORIDA
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