Agenda 10/13/2009 Item #16K 2
Agenda Item No. 16K2
October 13, 2009
Page 1 of 12
EXECUTIVE SUMMARY
Recommendation to approve a Partial Stipulated Final Judgment in the amount of $90,000
for Parcel 124 in the lawsuit styled Collier County v. William Pilger, et al., Case No. 06-1125-
CA (County Barn Road Project Number 60101). (Fiscal Impact $47,170)
OBJECTIVE: That the Board of County Commissioners approve the attached Partial Stipulated
Final Judgment for payment of full compensation, for the taking of Parcel 124 in the lawsuit styled
Collier County v. William Pilger, et. al., Case No. 06-1l25-CA (County Barn Road Project 60101).
CONSIDERATIONS: Collier County has condemned a .387 acre parcel for road right-of-way
(Parcel 1-~4) fr~m owners Robert Flick and Patty Flick Richards as joint tenants with rights of
survivorship. 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 I, 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.
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A settlement agreement was reached with both owners, which was subsequently rejected by joint
tenant Robert Flick. Patty Flick Richards is the daughter of Robert Flick. A case management
conference was held on August 14, 2009, resulting in the Court entering an Order for a Partial
Stipulated Final Judgment as to joint tenant Patty Flick Richards. Per Court order, this Partial
Stipulated Final Judgment entitles joint tenant Patty Flick Richards to one-half of the total
compensation ($45,000). Settlement was not reached with joint tenant Robert Flick.
Pursuant to the Court ordered Partial Stipulated Final Judgment, the County shall deposit an
additional $47,000 into the Court Registry, $17,000 to pay the balance of the $90,000 for Parcel
124, as well as $30,000 for attorney's fees, expert fees and costs.
Staff recommends this settlement. If approved, the County will be responsible for the following
costs:
Additional compensation:
Attorney's fees, Appraisers, Engineer
and Land Planner fees and costs:
Clerk's Fee:
TOTAL
$17,000
$30,000
$ 170
$47,170
The County will resolve the one-half interest held by Robert Flick by future settlement or jury trial, if
necessary .
--
FISCAL IMPACT: Funds in the amount of $47,170 are available in Gas Taxes and/or Impact
Agenda Item No. 16K2
October 13, 2009
Page 2 of 12
Fees.
Executive Summary
Page two
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ
RECOMMENDATION: That the Board of County Commissioners approve the Partial
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;293
2
Agenda Item No. 16K2
October 13, 2009
Page 3 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K2
Recommendation to approve a Partial Stipulated Final Judgment in the amount of $90,000
for Parcel 124 in the lawsuit styled Collier County v. William Pilger, et aI., Case No. 06-1125-
CA (County Barn Road Project Number 601 01). (Fiscal Impact $47,170)
10/13/2009 9:00:00 AM
Meeting Date:
Prepa red By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/2/200912:15:29 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
10/2/200912:29 PM
Approved By
Therese Stanley
Grants Coordinator
Date
Transportation
Transportation Administration
10/21200912:34 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
10/2/2009 12:36 PM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/2/200912:52 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
10/2/20091:00 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM-ROW
10/6/2009 11 :48 AM
Approved By
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/6/20091:45 PM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
10/6/20092:32 PM
Agenda Item No. 16K2
October 13, 2009
Page 4 of 12
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
10/6/20092:41 PM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
10/6/2009 2:46 PM
Agenda Item No. 16K2
October 13, 2009
Page 5 of 12
IN THE CIRCillT COURT OF THE TWENTIETH JUDICIAL CIRCillT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
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.
--:0-::--
/
PARTIAL 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 Respondent,
P A TIY FLICK RICHARDS, by and through her undersigned counsel, for entry of a Partial
Stipulated Final Judgment as to Parcel 124 for Project Number 60101, and as to Respondent,
P A TIY FLICK RICHARDS, 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 Respondent, PATIY FLICK RICHARDS, and the Court being otherwise
fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondent, PATTY FLICK RICHARDS, have and
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Ninety Thousand and
No/lOO Dollars ($90,000.00) for Parcel 124, as 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
Agenda Item No. 16K2
October 13, 2009
Page 6 of 12
ORDERED AND ADJUDGED that Respondent, PATTY FLICK RICHARDS, is entitled
to one-half of the total compensation ($45,000.00), less one-half of the amount paid to David J.
Stern Trust Account for the benefit of Countrywide Home Loans (one-half of $25,000.00) in
accordance with Court Order dated August 14,2009; 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
ORDERED AND ADJUDGED that within twenty (20) days of receipt by Petitioner of the
Partial Stipulated Final Judgment entered by the Court, Petitioner, COLLIER COUNTY,
FLORIDA, shall deposit an additional Forty-Seven Thousand and Noll 00 Dollars ($47,000.00) into
the registry of the Clerk of the Circuit Court for the benefit of Respondent, PATTY FLICK
RICHARDS and ROBERT FLICK, as Joint tenants with right of survivorship, for compensation,
attorney's fees and expert fees and costs; it is further
ORDERED AND ADmDGED that Respondents will receive, pursuant to 973.092(1), Fla.
Stat., as a reasonable attorney's fee and expert witness fees and defense costs in the sum of Thirty
Thousand and No/lOO Dollars ($30,000.00), and no other attorney's fees, expert fees or other costs
shall be awarded to Respondent, PATTY FLICK RICHARDS, in connection with the above-styled
cause of action as it relates to Parce1124; it is further
ORDERED AND ADmDGED that upon deposit of additional Forty Seven Thousand and
NollOO Dollars ($47,000.00) by Petitioner, the Clerk of this Court shall forthwith disburse funds in
the amount of Twenty-Five Thousand and Noll 00 Dollars ($25,000.00) for the benefit of
Countrywide Home Loans, made payable to the David J. Stem Trust Account and mailed to the
2
Agenda Item No. 16K2
October 13, 2009
Page 7 of 12
Law Offices of David J. Stern, P.A., 900 South Pine Island Road, Suite 400, Plantation, Florida
33327; it is further
ORDERED AND ADWDGED that upon deposit by Petitioner, the Clerk of this Court
shall forthwith disburse Thirty-Two Thousand Five Hundred and NollOO Dollars ($32,500.00),
made payable to Patty Flick Richards and mail payment to the Law Office of Bella Y. Patel, 13026
Waterford Run Drive, Riverview, Florida 33569; it is further
ORDERED AND ADJUDGED that upon deposit by Petitioner, the Clerk of this Court
-
shall forthwith disburse Thirty Thousand and Noll 00 Dollars ($30,000.00) to the Trust Account of
Bella Y. Patel, Esquire, for disbursement for attorney's fees and all expert fees and costs, and mail
payment to the Law offices of Bella Y. Patel, P.A., 13026 Waterford Run Drive, Riverview, Florida
33569; it is further
ORDERED AND ADWDGED that the remaining funds in the amount of Thirty-Two
Thousand Five Hundred and Noll 00 Dollars ($32,500.00) shall remain in the Court Registry for the
benefit of Robert Flick until further Order from this Court; it is further
ORDERED AND ADJUDGED that fee simple title to Parcel 124, a perpetual non-
exclusive road right-of-way, drainage and utilities easement, being fully described in Exhibit "A"
attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking
dated November 21, 2006, and the deposit of money heretofore made, is approved, ratified, and
confirmed by Respondent, PATTY FLICK RICHARDS; it is further
ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled
cause and recorded in Official Record Book 4084, Page 385 of the Public Records of Collier
County, Florida be dismissed as to Respondent, PATTY FLICK RICHARDS; it is further
3
Agenda Item No. 16K2
October 13, 2009
Page 8 of 12
ORDERED AND ADJUDGED that this Partial Stipulated Final Judgment is to be recorded
in the Official Records of Collier County, Florida; it is further
ORDERED AND ADJUDGED that this Order disposes of all claims arising out of the
taking of Parcel 124 and that have or could have been asserted in this cause by Respondent,
PATTY FLICK RICHARDS; it is further
ORDERED AND ADJUDGED that the compensation award may be subject to the claims
of mortgagee, Wachovia Bank, N.A.; it is therefore
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _ day of
,2009.
HONORABLE CYNTHIA A. PlV ACEK
CIRCUIT COURT JUDGE
conformed copies to:
Robert N. Zachary, Esquire
Bella Y. Patel, Esquire
Scott E. Simowitz, Esquire
Jennifer Dixon Abbott, Esquire
Law Offices of David J. Stern, P.A.
Mr. Robert Flick
Kevin Hendricks, Acquisition Mgr.rrransp.
Accounting
4
Agenda ~t>!o. 16K2
..... October 13, 2009
.. Page90f 12
.,J"OlNT'lqGiib~;roR P~1;I~S1"@'ULATEO'F1NAL'Jl:iDG_NT
PetitiOJ1er.CQ.~~RC;dt1NTY. FLORIDA. together ~ith R.es~t. PATTY FUCK
, ,
. RI€HARDS~~byre$j:iectfu~.' tttlW$ for~ntryofthe foregoing Partial Sti..tm1ated,.,.Final
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Agenda Item No. 16K2
October 13, 2009
Page 10 of 12
JOINT MOTION FOR PARTIAL STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, PATTY FLICK
RICHARDS, hereby respectfully move for entry of the foregoing Partial Stipulated Final
Judgment as to Parcel 124.
Dated: ~~ ~OAM.1ao., ('~ 11lll~
~J
BELLA Y. PATEL, ESQ.
Florida Bar No. 896489
LA W OFFICE OF BELLA Y. PATEL, P.A.
13026 Waterford Run Drive
Riverview, FL 33569
(813) 643-2762 - Telephone
(813) 643-2612 - Facsimile
A ITORNEY FOR RESPONDENTS,
ROBERT A. FLICK and
PATTY FLICK RICHARDS
Dated:
PATrY FLICK RICHARDS, RESPONDENT
2401 County Barn Road
Naples, Florida 34112-5430
CP:06-1125;291
Dated:
ROBERT N. ZACHARY
Florida Bar No. 816604
ASSISTANT COUNTY ATTORNEY
Hannon Turner Building, 8th Floor
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 252-6300 - Facsimile
A TTORNEY FOR PETITIONER
5
Agenda Item No. 16K2
October 13, 2009
Page 11 of 12
CERTIFICATE OF SERVICE
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.
ROBERT N. ZACHARY
ASSISTANT COUNTY A TIORNEY
Robert A. Flick and Patty Flick Richards
c/o Bella Y. Patel, Esquire
LAW OFFICE OF BELLA Y. PATEL, P.A.
13026 Waterford Run Drive
Riverview, FL 33569
Collier County Tax Collector
c/o Jennifer Dixon Abbott
Rhodes, Tucker & Garretson
P. O. Box 887
Marco Island, Florida 34146
Wacha via 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.
c/o Law Offices of David J. Stem, P.A.
900 S. Pine Island, Rd., Suite 400
Plantation, FL 33324
Robert A. Flick
2401 County Barn Road
Naples, Florida 34112-5430
6
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Agenda Item No. 16K2
October 13, 2009
Page 12 of 12
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