Loading...
Agenda 07/22/2008 Item #16K 8Agenda Item No. 16K8 July 22, 2008 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment in the amount of $86,530.00 for Parcel Nos. 129FEE and 129TDRE in the lawsuit styled Collier County v. Michael J. Crouch, et al., Case No. 07- 3691 -CA (Oil Well Road Project No. 60044). (Fiscal Impact $39,730.00) OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for payment of full compensation to Respondents Diana De La Fuente and Selerim Construction, LLC (Respondents), and for attorney's fees, expert fees and costs, for the taking of Parcel Nos. 129FEE and 129TDRE in the lawsuit styled Collier County v. Michael J. Crouch, et. al, Case No. 07-3691 - CA (Oil Well Road Project No. 60044). CONSIDERATIONS: Pursuant to an Order of Taking dated January 4, 2008, Collier County deposited $46,800.00 into the Court Registry and acquired title to Parcel Nos. 129FEE and 129TDRE (consisting of .385 acres) for road right -of -way and a temporary driveway restoration easement. In order to avoid the cost of trial, County has agreed with Respondents to settle this matter for a total of $86,530.00, which includes the costs for land, improvements, cost to cure and damages, as well as statutory 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 for Parcel • Expert Witness Fees and Attorney's Fees TOTAL COST: This item is legally sufficient for Board action. $ 22,530.00 $ 17.200.00 $ 39.730.00 FISCAL IMPACT: Funds in the amount of $39,730.00 will come from Gas Taxes and Impact Fees. Source of Funds are gas taxes and impact fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the Stipulated Final Judgment as to Parcel Nos. 129FEE and 129TDRE, and authorize the payment of the funds as stated. PREPARED BY: Robert N. Zachary, Assistant County Attorney CP:07- 3691;247 Page 1 of 1 Agenda Item No. 16K8 July 22, 2008 Page 2 of 9 file: / /C:AAeendaTest \Fxnort\ 111- .fulv%2022. %202 009 \16 %20C0N,RNT %?0ACF.NDA \1_ 7/15/700R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K8 Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of $86,530 for Parcel Nos. 129FEE and 129TDRE in the lawsuit styled Collier County v. Michael J. Crouch. et al., Case No 07- 3691 -CA (Oil Well Road Project No 60044). (Fiscal Impact $39,730) Meeting Date: 7/2212008 9:00:00 AM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 7/8/2008 10:31 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 7/812008 11:14 AM Approved By Najeh Ahmad Director Date Transportation Engineering & Transportation Services Construction Management 7/8/2008 11:38 AM ° Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 7/8/2008 4:13 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 702008 5:25 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 7/9/2008 1:12 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/9/2008 2:29 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7/912008 7:18 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/1 012 00 8 11:59 AM file: / /C:AAeendaTest \Fxnort\ 111- .fulv%2022. %202 009 \16 %20C0N,RNT %?0ACF.NDA \1_ 7/15/700R Agenda Item No. 1 6K8 July 22, 2008 Page 3 of 9 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, vs. MICHAEL J. CROUCH, et al., Respondents. FA Case No.: 07- 3691 -CA Parcel Nos.: 129FEE, 129TDRE STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents, DIANA DE LA FUENTE and SELERIM CONSTRUCTION, LLC (hereafter "Respondents "), by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcels 129FEE and 129TDRE 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, COLLIER COUNTY, FLORIDA, is the full compensation due Respondents, and the Court being otherwise fully advised in the premises thereof, it is thereupon, 1. ORDERED AND ADJUDGED that Respondents, DIANA DE LA FUENTE and SELERIM CONSTRUCTION, LLC, recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Eighty -Six Thousand Five Hundred Thirty and No /100 ($86,530.00) for Parcels 129FEE and 129TDRE as full payment for the property interests taken and for damages resulting to the Agenda Item No. 16K8 July 22, 2005 Page 4 of 9 remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcels. This amount shall include all attorney's fees and expert fees and costs; it is further 2. ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, has previously deposited the amount of Forty -Six Thousand Eight Hundred and No /100 Dollars ($46,800.00) into the registry of the Clerk of the Circuit Court toward the acquisition of Parcels 129FEE and 129TDRE at which time title to said parcels as described in Exhibit "A" vested in the name of Petitioner, and that disbursement of said funds on deposit shall be by further order of this Court; it is further 3. ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay an additional Twenty -Two Thousand Five Hundred Thirty and No /100 Dollars ($22,530.00) to Respondents, DIANA DE LA FUENTE and SELERIM CONSTRUCTION, LLC; it is further 4. ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay Seventeen Thousand Two Hundred and No /100 Dollars ($17,200.00) in Attorneys Fees, Expert Fees and Costs, and that no other attorney's fees, expert fees or costs are awarded in this matter; it is further 5. ORDERED that based upon paragraphs 3 and 4 above, within thirty (30) days of receipt by Petitioner of the Stipulated Final Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall pay the total sum of Thirty -Nine Thousand Seven Hundred Thirty and No /100 Dollars ($39,730.00), made payable to the Trust Account of Bella Y. Patel, 13026 Waterford Run Drive, Riverview, FL 33569, for proper disbursement in accordance with this Order; it is further 6. ORDERED that title to Parcel 129FEE, a Fee Simple Interest, and Parcel 129TDRE, a Temporary Driveway Reconstruction Easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, FLORIDA, 2 Agenda Item No. 16K8 July 22. 2008 Page 5 of 9 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 7. ORDERED that this Court reserves jurisdiction to enforce the terms of this Stipulated Final Judgment; it is further 8. ORDERED that the Notice of Lis Pendens in this cause recorded in Official Record Book 4292, Page 0557, et seq., of the Public Records of Collier County, Florida shall be dismissed as to Parcels 126FEE and 126TDRE; it is further 9. ORDERED that pursuant to Section 74.051 (1), Florida Statutes, the Clerk of Courts shall disburse the interest earned on the funds on deposit in the amount of $ , via wire transfer from the Clerk of Courts to the Board of County Commissioners Account # 339- 163659- 600444; it is further 10. ORDERED that this Stipulated Final Judgment is subject to approval by the Board of County Commissioners; it is further 11. ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida this day of 2008. Conformed Copies: Robert N. Zachary, Esquire Bella Y. Patel, Esquire E. Glenn Tucker, Esquire Aames Funding Corporation Kevin Hendricks, Acquisition Mgr /Transp. Bookkeeping 3 CYNTHIA A. ELLIS CIRCUIT COURT JUDGE Agenda Item No. 16K8 July 22, 2008 Page 6 of 9 JOINT MOTION FOR STIMMATF,D FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter She foresLcaing Stipulated Final Judgment as to Parcels 129FFF and 129TDRF. Florida Bar No.: 961670 LAW OFFICF OF BEL A Y. PATEL, P.A. 13026 Waterford Run Drive Riverview FL 33569 (80)643-2762 -Telephone (813)64J-2612 -Facsimile AF7'ORN`EY FOR RESPONDENTS Dated: ROBERT N. ZACHARY, ESQUIRE � Florida Bar Nil.: 966770 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 252 -8400 -Telephone (2 39) 252-6340 - Facsimile ATTORNEY FOR PETITIONER CERTIFICATE OF SER1'ICE I HEREBY CERJIF "1' that a true and correct copy of the foregoing has been fulzaished b} L1,S. Iriail to the parties listed an the attached service list on this day of 2008. CP,V- 369:,244 4 _._-._ _ _- _-_J -1 - ROBF:R'f N. ZAC.I {ARY Assistant County .Attorney PARCELS 129FEE, 129TDRF Diana De la Fuente c/o Bella Y. Patel, Esquire LAW OFFICE OF BELLA Y. PATEL. P.A. 13026 Waterford Run Drive Riverview, FL 33569 Aames Funding Corporation, a California corporation 350 South Grand Avenue, 42 "d Floor Los Angeles, CA 90071 Selerim Construction LLC 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 E. Glenn Tucker, Esquire RHODES TUCKER & GARRETSON P O Box 887 Marco Island, FL 34146 Kevin Hendricks, ROW Acquisition Manager Collier County Transportation /ECM 2885 South Horseshoe Drive Naples, FL 34104 5 Agenda Item No. 16K8 July 22, 2008 Page 7 of 9 �1 i I I i I Agenda Item No. 16K8 July 22.2008 Page 8 of 9 PROJECT N0, 60044 EXHIBIT /I PROJECT PARCEL NO. 129 FEE FEE SIMPLE INTEREST Pege_jo� LEGAL DESCRIPTION & SKETCH (NOT A SURVE'O THE SOUTH 50 FEET TRACT 79, AND THE SOUTH 50 FEET OF THE EAST 5 FEET OF TRACT 66, GOLDEN GATE ESTATES UNIT NO- 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.385 ACRES, MORE OR LESS. TRACT 79 AND EAST 5 FEET TRACT 66 FEE SIMPLE INTEREST PROPOSFDAMTTMALMW OF-WAY JW FEED NOT TO SCALE J 50 FEET N O R T A i Agenda Item No. 16K8 July 22 2098 Page 9 of 9 EXHIBIT Pa Be� of LEC3AL DESCRIPTION AND SKETCH Temporary Driveway Restoration Easement Parcel No. 129 TORE (this la not a Field Survey) DESCRIPTION The Eest 32.0 Teat of the West 49.0 feet of the North 25.0 feet of the South 75.0 feet of Tract 79, Golden Gate Estates, Unit No. 64, as recorded in Plat Book 7, Page 64 of the Public Records of Collier County, Florida. Containing 800.0 square feet, more or less. TEMPORARY ORNEMY RESTORATION EASEUEW pu` nON: J YEAR'. -- N 89'40'50 W 330.0' - �I TRACT 79 n � TEMPORARY DRIVEWAY RESTORATION EASEMENT NO. 129 TDRE 3 (800 -_ SQUARE FEET) �y 0 32.0' o o NOTTOSCALE � I I o PROPOSED RIGHT -OF -WAY UNE b 0 6 EXISTING RIGHT -OF -WAY S 89'31'10' E 33b.0' OIL WELL RD. (C.R. 858) (100' RAM BEARINGS AND DIMENSIONS StiOWN ARE BASED ON THE PLAT OF GOLDEN GATE ESTATES, UNIT 64, COLLIER COUNTY, FL. i _ SHEE71 OF - `�FWW.DEYOgPfIC9VANO YIOZQI Pfl @AaID 0V 1/.alaMt�£p. PA WE+R: OOLIER CO- /G!4AYYLL = _ � '�\ � rlAR OP PtCIpAC�0TY0yATE6AMlSflQATIDNN0.ID lUl. _ l —'y ` �1 ' �� •/ n 1. - `� PPDJECr: OIL WEJ.ROAO 2- .�rlP..j'\L /. �I �. li- FFS6IC/MLBUHtE1M UYl w.P:F1 _— (•• ••_ Aib CfROPIPI TYYI LIDE].IYENw IH MIY — -� i S S 041 NlL AV � �t U� /,f�,' FOPL MYERR R^O'1Y}t 04414 LYj�AII`Ij&CM P,ipNE`QiY)Z)530 >6Pa M�Y>FX#Y �v�I' rtonos oemFnsre oFAVnronwm.�...