Agenda 07/22/2008 Item #16K 2Agenda Item No. 16K2
July 22, 2008
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners Approve the Proposed Joint
Motion for an Agreed Order Awarding Costs Relating to Parcel 183RDUE in the Collier
County v. Jorge B. Echezarraga, et al., Case No. 07- 3278 -CA, Oil Well Road Project #60044.
(Fiscal Impact: $5,700.00).
OBJECTIVE: That the Board of County Commissioners approve the proposed Joint Motion for
the entry of an Agreed Order awarding expert appraisal fees and costs in the amount of $5,700.00
resulting from the condemnation of Parcel 183RDUE in Collier County v. Jorge B. Echezarraga, et
al., Case No. 07- 3278 -CA.
CONSIDERATIONS: On December 11, 2007, the Board of County Commissioners approved a
Stipulated Order of Taking and Final Judgment for the payment of full compensation for the
acquisition of Parcel 183RDUE, which was owned by Respondents, Jorge B. and Milaidis
Echezarraga. Pursuant to Section 73.091, Fla. Star., the property owner is entitled to all reasonable
and necessary costs incurred in the defense of the eminent domain proceeding. As part ofthe costs
incurred in their defense, counsel for the property owner has submitted an invoice from N.A.
Clarizio and Associates, Inc. for appraisal services in the amount of $7,252.50. As a result of
negotiation, the parties have agreed to $5,700.00.
If approved, the County will pay the following costs:
• Appraisal Fees and Costs $5,700.00
TOTAL: $5,700.00
Attached is the proposed Joint Motion for Agreed Order.
FISCAL IMPACT: Funds in the amount of $5,700.00 are available in Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Joint Motion for Agreed Order for appraisal fees; and
2. Approve the expenditure of funds as stated.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney, Office of the County Attorney
07- 3278CA/683
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Agenda Item No. 16K2
July 22, 2008
Page 2 of 5
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7/15/2008
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16K2
Item Summary:
Recommendation that the Board of County Commissioners
approves the Proposed Joint
Motion for an Agreed Order Awarding Costs Relating to Parcel 183RDUE in the Collier
County v. Jorge B. Echezarraga. et al., Case No
07- 3278 -CA, Oil Well Road Project #60044.
(Fiscal Impact: $5.700.00).
Meeting Date:
7/22/2008 9:00:00 AM
Prepared By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
612012008 2:22:56 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
6/23/2008 4:36 PM
Approved By
Lisa Taylor
ManagemenUBudget Analyst
Date
Transportation Services
Transportation Administration
612412008 8:39 AM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
6124/200810:17 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Engineering &
Transportation Services
Construction Management
612412008 11:32 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
7/1/2008 9:20 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM -ROW
7/712008 1:44 PM
Approved By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
717/2008 5:04 PM
._. Approved By
OfnB Coordinator
0108 Coordinator
Date
County Manager's Office
Office of Management & Budget
7/3/2008 11:04 AM
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7/15/2008
Page 2 of 2
Agenda liem No. 16K2
July 22.. 2008
Page 3 of 5
Approved By
Susan Usher
Senior Management /Budget Analyst
Date
County Manager's Office
Office of Management & Budget
71812008 1:18 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
71812008 4:08 PM
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Agenda Item No. 16K2
July 22, 2008
Page 4 of 5
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
Petitioner,
V.
Case No. 07- 3278 -CA
JORGE B. ECHEZARRAGA, et al., Parcel(s): 183RDUE
Respondents.
AGREED ORDER AWARDING COSTS
THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, JORGE B. and MILAIDIS
ECHEZARRAGA, by and through their undersigned counsel, for entry of an Agreed Order
Awarding Costs, and the Court, being fully advised in the premises, it is hereby ORDERED
AND ADJUDGED that:
Respondents, JORGE B. and MILAIDIS ECHEZARRAGA, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Five Thousand Seven Hundred
and No /100 Dollars ($5,700.00) for appraisal fees with respect to Parcel 183RDUE.
2. Petitioner, COLLIER COUNTY, shall pay this sum within thirty (30) days from
the date of this Order to N.A. Clarizio and Associates, Inc., 28471 U.S. Highway 19 North, Suite
504, Clearwater, FL 33761, for these fees.
3. This Court reserves jurisdiction regarding the unresolved issue of attorney's fees.
No other costs shall be awarded in this matter.
DONE AND ORDERED in Naples, Collier County, Florida, this day of
Circuit Court Judge
7
Conformed copies to:
Ellen T. Chadwell, Esquire
Bella Y. Patel, Esquire
Kevin Hendricks, Transportation Dept
Accounting
JOINT MOTION
July 22. 2008
Page 5 of 5
The Parties, by and through their undersigned attorneys, hereby move for entry of the
foregoing Agreed Order Awarding Expert Fees.
Da
9•
BellA Y. Patel, Esquire
Florida Bar No.:
13026 Waterford Run Drive
Riverview, FL 33569
(813) 643 -2762- Phone
(813) 643 -2612- Facsimile
ATTORNEY FOR RESPONDENT: JORGE
B. and MILAIDIS ECHEZARRAGA
Dated:
Ellen T. Chadwe
Assistant County tterrfey
Florida Bar No.: 983860
3301 East Tamiami Trail, 8a' Floor
Naples, Florida 34112
(239) 252 -8400 — Phone
(23 9) 252 -6300 —Facsimile
ATTORNEY FOR PETITIONER
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 _ day of 2008.
Jorge B. Echezarraga
Milaidis Echezatraga
c/o Bella Y. Patel, Esq.
Law Office of Bella Y. Patel, P.A.
13026 Waterford Run Drive
Riverview, FL 33569
07. 3278- CAt682
ELLEN T. CHADWELL, ESQ.