Agenda 06/09/2009 Item #16K 1
Agenda Item No. 16K1
June 9, 2009
Page 1 of 7
"..".-
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $13,600 for Parcel
156RDUE in the lawsuit styled Collier County v. Michael J. Crouch, et a/., Case No. 07-3691-
CA (Oil Well Road Project 60044). (Fiscal Impact None.)
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for
payment of full compensation, for the taking of Parcel 156RDUE in the lawsuit styled Collier
County v. Michael J Crouch, et. at.. Case No. 07-3691-CA (Oil Well Road Project No. 60044).
CONSIDERATIONS: Collier County has condemned a .052 acre parcel for a non-exclusive road
right-of-way, drainage and utility easement (Parcel 156RDUE) from property owners Miguel and
Norma Perez. The County's initial appraisal dated March 21,2007, valued the taking at $13,700.
The County offered the owner $14,950 as the County's statutory offer on July 12,2007 based on the
initial appraisal of $13,700 plus a settlement incentive of $1,250. An updated appraisal, dated
November 14,2007, shows a declining market value of $13,600 for the taking. An Order of Taking
hearing was held on January 4, 2008, and the County deposited the sum of $13,600 in the Court
Registry.
Staff recommends settlement in the amount of $13,600. There are no attorney's fees, expert fees or
costs in this case. See attached Stipulated Final Judgment. If approved, the County will not be
- responsible for any additional costs:
FISCAL IMPACT: There is no fiscal impact associated with this case.
GROWTH MANAGEMENT IMPACT: 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 156RDUE and authorize payment of the funds as stated.
PREPARED BY: Robert N. Zachary, Assistant County Attorney
CP:07-3691-CA;264
Page lof2
Agenda Item No. 16K1
June 9, 2009
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K1
Meeting Date:
Recommendation to approve a Stipulated Final Judgment in the amount of $13,600 for
Parcel 156RDUE in the lawsuit styled Collier County v, Michael J. Crouch. et aI., Case No,
07-3691-CA (Oil Well Road Project 60044). (Fiscal Impact None.)
6/9/2009 90000 AM
Prepared By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
5/20/200910:45:58 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
5/20/2009 11:17 AM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
5/20/200911 :21 AM
Approved By
Therese Stanley
Grants Coordinator
Date
Transportation
Transportation Administration
5/20/2009 2:45 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM.ROW
5/20/20093:53 PM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
5/21/20091:57 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
5/26/2009 1 :56 PM
Approved By
Jeff Klatzkovv
County Attorney
Date
County Attorney
County Attorne;> Office
5127/2009 11 :34 AM
Approved By
OMB Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
5/28/20098:39 AM
file://C:\AgendaTest\Export\ 13] -June%209.%202009\] 6.%20CONSENT%20AGENDA \] 6K... . 6/3/2009
Page 2 of2
Agenda Item ~~o. 16~( 1
June 9. 2009
Page 3 of 7
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/29/2009 1 :24 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
5/29/2009 5:31 PM
file://C:\AllendaTest\ExD0l1\ 131-June%209.%202009\ 16.%20CONSENT%20AGENDA\16K... 6/3/2009
Agenda Item No. 16K1
June 9, 2009
Page 4 of 7
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,
Petitioner,
Case No. 07-3691-CA
v.
MICHAEL J. CROUCH, et al.,
Parcel: 156RDUE
Respondents.
/
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,
MIGUEL and NORMA PEREZ, and through their undersigned counsel, for entry of a Stipulated
Final Judgment as to Parcel I 56RDUE 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 Respondents, MIGUEL and NORMA PEREZ, and the
Court being otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondents, MIGUEL and NORMA PEREZ, have
and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Thirteen Thousand
Six Hundred and No/IOO Dollars ($13,600.00) for Parcel I 56RDUE, 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
Aoenda Item No. 16K1
~ June 9, 2009
Page 5 of 7
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORlDA, is
entitled to a credit for the good faith estimate of value previously deposited in the amount of
$13,600.00; it is further
ORDERED AND ADJUDGED that without further order of this court, the Clerk shall pay,
within thirty (30) days hereof, the total amount of $13,600.00 to Respondents, MIGUEL and
NORJ..1A PEREZ, payment to be delivered to 3025 Everglades Boule'vard, 1'-Jort.Li., Naples, Florida
34120-1575; it is further
ORDERED AND ADJUDGED that Parcel 156RDUE for perpetual, non-exclusive, road
right-of-way, drainage and utility easement, 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 ADJUDGED that the Notice of Lis Pendens filed in the above-styled
cause and recorded in Official Record Book 4292, Page 557 of the Public Records of Collier
County, Florida be dismissed as to Parce1156RDUE; 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 $_, plus any
additional accrued interest for parcel I 56RDUE, to the Board of County Commissioners, account
number:_; 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 156RDUE and that have or could have been asserted in this cause; it is therefore
2
Agenda Item No. 16K 1
June 9, 2009
Page 6 of 7
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _ day of
,2009.
CYNTHIA A. PlV ACEK
CIRCUIT COURT JUDGE
conformed copies to:
Ellen T. Chadwell, Esquire
Miguel PerezINorma Perez
E. Glenn Tucker, Esquire
Kevin Hendricks, Acquisition Mgr./Transp.
Accounting
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, MIGUEL PEREZ
and NORMA PEREZ, hereby respectfully move for entry of the foregoing Stipulated Final
Judgment as to Parcel I 56RDUE.
Dated: 5 - I~ - 2009
Dated:
~OBERTN.ZACHARY
ASSIST.-'\NT COUNTY ATTORNEY
Florida Bar No. 816604
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
A TTORNEY FOR PETITIONER
MI L PE
30 5 Everglades Boulevard, North
N pIes, Florida 34120-1575
(239) 352-9555
Dated: 5 ~ ('7' - 200 l(
.
N PEREZ
3025 Everglades Boulevard, North
Naples, Florida 34120-1575
(239)352-1575
CP:07-369 1;258
3
Agenda Hem No. 16K1
June 9, 2009
Page 7 of 7
PROJECT~O. 60044
PROJECT ARCEL NO. 156RDUE
PERPETU . NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTlUn- EASEMENT
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY) EXHIBrT A
Page-Lof-L:.
THEIWEST 30 FEET OF THE EAST 60 FEET OF THE SOUTH 75 FEET
OF 1t~HE NORTH 150 FEET OF TRACT 125, GOLDEN GATE ESTATES
UNI NO. 69. AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE
PUB IC RECORDS OF COLLIER COUNlY, FLORIDA.
CONTAINING 0.052 ACRES, MORE OR LESS.
- ~._.._.... ,__'._h _.' _. ._..__ '_' ._.'_" _ .._.._.._ ,_ _.. _" _._ _.. _.. _, ._.. _.__..__._.' _.. _.._ ,"_..
EAS1" 1'll0PBm' U/lE
t
L ""= IW.F CII' DCISltlG 100 FOOT WIlIEEVERGI.AIlES 1lOllLEVAADlVGIIT-oF-lVAY (5DFEET)
-.. . -..:.:.r.::...._.._. _"_,,,_,,_,,,_,._,,,_,,_,,_,,_,__,,_ ,._.._ .__.,_.._ . _..__._.. _."_ ..--._.._..
.. ~':'l.~.~~~Y.2!!~..
PeRPETUAl. NON-CXcwSJVE
RCWJ RIOHT~F'MY. DAAlNAGE
/\NO UTIlJTY EAsEMENT
NORTH
I.JIlE
SOUTH 1'II0PeIl'lY UllE
THE SOUTH 75 FEET OF THE
NORTH 150 FEET OF TRt.CT 125
,
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II
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NOT TO SCALE