Agenda 09/15/2009 Item #16K14
EXECUTIVE SUMMARY
Agenda Item No. 16K 14
September 15, 2009
Page 1 of 8
Recommendation to approve a Stipulated Final Judgment in the amount of $83,000 for
Parcel No. 179RDUE in the lawsuit styled Collier County v. Armando B. Yzaguirre, et a!,
Case No. 07-2746-CA (Oil Well Road Project No. 60044) (Fiscal Impact $38,046.35).
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment
for payment of full compensation for the taking of Parcel 179RDUE in the lawsuit styled Collier
County v. Armando B. Yzaguirre, et al., Case No. 07-2746-CA, Oil Well Road Project 60044.
CONSIDERATIONS: Collier County has condemned a .121 acre parcel for perpetual, non-
exclusive road right-of-way, drainage and utility easement (Parcel 179) from the property
owners, Armando B. Yzaguirre and Sylvia B. Yzaguirre. As a result of the taking, the setback to
the residence was reduced from 125 feet to 55 feet. The County's initial appraisal dated May 24,
2007, valued the taking at $55,900. The County offered the property owners $67,405 as the
County's statutory offer on June 29, 2007. The offer was not accepted. A second appraisal
dated December 4,2007, reflects a reduction in the value of Parcel 179 to $50,100. An Order of
Taking hearing was held on January 9, 2008, and the County deposited the sum of$50,100 in the
Court Registry. The owners' appraisal, which reflected a considerable damage, valued the taking
at $118,600, not including attorney's fees and expert fees and costs.
Staff recommends settlement in the amount of $83,000, which includes the land and
improvements taken as well as damages and costs to cure. See attached Stipulated Final
Judgment. If approved, the County will be responsible for the following costs:
--
Additional Amount Owed:
* Attorneys fees:
TOTAL
$32,900.00
$ 5,146.35
$38,046.35
* Attorney's Fees are mandated by S73.092, F.S., and are based on 33% of the total benefit
achieved, i.e., 0.33 x ($83,000 - $67,405).
FISCAL IMPACT: Funds in the amount of$38,046.35 will come from Gas Taxes and Impact
Fees. Source of funds are Gas Taxes and Impact Fees.
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
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve the Stipulated
Final Judgment as to Parcell 79RDUE and authorize payment of the funds as stated.
PREPARED BY: Robert N. Zachary, Assistant County Attorney
-...
07-2746-CA;1976
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
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Agenda Item No. 16K14
September 15, 2009
Page 2 of 8
16K14
Recommendation to approve a Stipulated Final Judgment in the amount of $83,000 for
Parcel No. 179RDUE in the lawsuit styled Collier County v. Armando B. Yzaguirre, et aI.,
Case No. 07-2746-CA (Oil Well Road Project No. 60044) (Fiscal Impact $38,04635).
9/15/20099:0000 AM
Meeting Date:
Prepared By
Robert N. Zachary Assistant County Attorney Date
County Attorney County Attorney Office 8/20/2009 10:36:58 AM
Approved By
Lisa Taylor Management/Budget Analyst Date
Transpor+..ation Services Transportation Administration 8/27/20098:33 AM
Approved By
Kevin Hendricks Right Of Way Acquisition Manager Date
Transportation Services TECM-ROW 8/27/200912:18 PM
Approved By
Robert N. Zachary Assistant County Attorney Date
County Attorney County Attorney Office 8/28/200910:08 AM
Approved By
Therese Stanley Grants Coordinator Date
Transportation Transportation Administration 8/28/2009 10:49 AM
Approved By
Norm E. Feder, AICP Transportation Division Administrator Date
Transportation Services Transportation Services Admin. 8/28/2009 1 :37 PM
Approved By
Heidi F. Ashton Assistant County Attorney Date
County Attorney County Attorney Office 8/28/20094:48 PM
Approved By
Najeh Ahmad Director Date
Transportation Services Transportation Engineering & 9/1/20094:58 PM
Construction Management
Approved By
OMB Coordinator OMS Coordinator Date
County Manager's Office Office of Management & Budget 9/2/200910:01 AM
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Agenda Item f\Jo. 16K 14
September 15, 2009
Page 3 of 8
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
9/2/20094:00 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
9/3/2009 11 :04 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
9/3/20097:33 PM
.L":.l_./In.\ A. __~_J_'T"'__L\I'_____.---L\1,",1I n
Agenda Item No. 16K14
September 15, 2009
Page 4 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,
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Petitioner,
Case No. 07-2746-CA (HDIIt
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v.
Parcel: 179RDUE
ARMANDO B. YZAGUIRRE, et al.,
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Respondents.
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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 Respondents,
ARMANDO B. YZAGUIRRE and SYLVIA B. YZAGUIRRE, by and through their undersigned
counsel, for entry of a Stipulated Final Judgment as to Parcel179RDUE 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,
ARMANDO B. YZAGUIRRE and SYLVIA B. YZAGUIRRE, and the Court being otherwise fully
advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondents, ARMANDO B. YZAGUIRRE and
SYLVIA B. YZAGUIRRE, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the
total sum of Eighty-Three Thousand and Noll 00 Dollars ($83,000.00) for Parcel 179RDUE, as full
payment for the property interest taken and for damages resulting to the remainder, ifless than the
entire property was taken, and for all other damages in connection with said parcel; it is further
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Agenda Item No. 16K14
September 15, 2009
Page 5 of 8
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$50, 1 00.00; it is
further
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay
an additional Thirty-Two Thousand Nine Hundred and Noll 00 Dollars ($32,900.00) to Respondents
in this case; it is further
ORDERED AND ADJUDGED that within thirty (30) days hereof, Petitioner shall pay the
total sum of $32,900.00to the Paul A. Blucher Trust Account, c/o Paul a. Blucher, Esquire, 7300
Delainey Court, Lakewood Ranch, Sarasota, FL 34240, for proper disbursement in accordance with
this Order; it is further
ORDERED AND ADJUDGED that within thirty (30) days hereof, Petitioner shall pay the
total sum of Five Thousand One Hundred Forty-Six and 35/100 Dollars ($5,146.35) to Paul A.
Blucher, Esquire, 7300 Delainey Court, Lakewood Ranch, Sarasota, FL 34240, as total payment for
attorneys fees and costs, excluding apportionment attorneys' supplemental fees and costs; it is further
ORDERED AND ADJUGED that this Court reserves jurisdiction as to an award of expert
fees and costs in this case as well as any attorney's fees incurred under Section 93.092(2), Florida
Statutes; it is further
ORDERED AND ADJUDGED that Parcel 179RDUE, which is a 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 9,
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 4217, Page 1339 of the Public Records of Collier County,
Florida be dismissed as to Parcel 1 79RDUE; it is further
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Agenda Item No. 16K 14
September 15, 2009
Page 6 of 8
ORDERED AND ADJUDGED that this Stipulated Final Judgment is based upon those
construction plans and maps provided to Respondents with the initial offer in the instant matter and;
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 I 79RDUE 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, if any; it is therefore
DONE AND ORDERED in Chambers at the Collier County Courthouse, Naples, Florida,
this _ day of September, 2009.
HONORABLE HUGH D. HAYES
CIRCUIT COURT JUDGE
conformed copies to:
Robert N. Zachary, Esquire
Paul A. Blucher, Esquire
Ms. Delores Barker, Suntrust Mortgage, Inc.
Kevin Hendricks, Acquisition Mgr./Transp.
Accounting
3
Agenda Item No. 16K14
September 15, 2009
Page 7 of 8
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, ARMANDO B.
YZAGUIRRE and SYLVIA B. YZAGUIRRE, hereby respectfully move for entry of the foregoing
Stipulated Final Judgment as to Parcel 179RDUE.
Dated: 7/27/61
Dated:
~gJhu~oft
PAUL A. LUCHER, ESQ IRE
Florida Bar No. 860409
LAW OFFICE OF PAUL A.BLUCHER, P .A.
7300 Delainey Court
Sarasota, Florida 34240
(941) 361-1145 - Telephone
(941) 361-1146 - Facsimile
ATTORNEY FOR RESPONDENTS,
ARMANDO B. and SYLVIA B. YZAGUIRRE
(Z.z, ROBERT N. ZACHARY
Florida Bar No. 816604
ASSISTANT COUNTY ATTORNEY
Harmon Turner Building, 8th Floor
3301 East Tamiami 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 ofthe foregoing was mailed by U. S. Mail
to the parties listed below on this the _ day of September, 2009.
ROBERT N. ZACHARY
ASSIST ANT COUNTY ATTORNEY
Paul A. Blucher, Esq.
Mortgage Electronic Registration
Systems, Inc., as nominee for
Suntrust Mortgage, Inc.
c/o Ms. Delores Barker
POBox 2026
Flint, MI 48501-2026
Corianna Martinez aka Corinna 1. Martinez
863 Chezy Street East
Lehigh Acres, FL 33936
April M. Boutte Yzaguirre Gonzalez
1225 State Road 29 S.
Palm & Pines Trailer Park-Lot 18
Felda, FL 33930
CP:07-2746-CA; 1982
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Agenda Item No. 16K14
September 15, 2009
Page 8 of 8
I. .
PROJECT NO. 60044
PROJECT PARCEL NO. 17SRDUE
PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
LEGAL DESCRIPTION & SKETCtI
(NOT A SURVFEY) EXHmIT "A"
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n.e EAST 70 FEET OF THE WEST 120 FEET OF THE NORTH 75
FEeT OF TRACT 1, GOLDEN GATE eSTATES UNIT NO. 65, AS
RECORDED IN PLAT BOOK 5, PAGE 88 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA.
CONTAINING 0.121 ACRES, MORE OR lESS.
THE NORTH 75 FEET OF TRACT 1
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