Agenda 06/24/2008 Item #16K 4
Agenda Ilem No. 16K4
June 24, 2008
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $57,850 for
Parcel 128FEE in the lawsuit styled Collier County v. Carlos Alvarez, et al., Case No. 07-2882-
CA (Oil Well Road Project No. 60044). (Fiscal Impact $14,000)
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for
payment of full compensation, for the taking ofParcel128FEE in the lawsuit styled Collier County
1'. Carlos Alvarez et al.. Case No, 07-2882-CA (Oil Well Road Project No. 60044),
CONSIDERATIONS: Collier County seeks to condemn a 21 foot deep (,159 acre) parcel for
right-of-way (Parcel 128FEE) from homeowner Mayte Puron. The County's initial appraisal on
May 24, 2007, valued the taking at $47,700. The County offered the owner $57,850 as the
County's statutory offer on June 29, 2007 based on the initial appraisal of $47,700 plus a settlement
incentive of $10,150. An updated appraisal, dated December 4, 2007, shows a declining market
value of $44,000 for the taking. An Order of Taking hearing was held on January 9, 2008, and the
County deposited the sum of$44,000 in the Court Registry.
The attached Stipulated Final Judgment and Joint Motion for Stipulatcd Final Judgment reflects the
initial appraisal amount of $47,700 and the settlement incentive of $10,150. Staff recommends
settlement of $57,850 because it agreed to extend its offer, subject to Board approval, to be
consistent with other settlements and to avoid attorneys fees and costs. See attached Stipulated
Final Judgment.
If approved, the County will be responsible for the following costs:
. Additional Deposit:
. Clerk's Fee:
. Expert Fees and Costs:
. Other Defense Costs:
. Statutory Attorney's Fees*:
TOTAL
$ 13,850
$ 150
$ 00
$ 00
$ 00
$ 14,000
FISCAL IMPACT: Funds in the amount 01'$14,000 will come from the Transportation Supported
Tax Fund and Impact Fee Funds. 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 128FEE and authorize the deposit of funds into the Court Registry and
payment of the funds as stated.
~
PREPARED BY: Robert N. Zachary, Assistant County Attorney
CP:07-2882-CA;701
Item Number:
Item Summary:
Meeting Date:
Page 1 of 2
Agenda Item No. 16K4
June 24, 2008
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K4
Recommendation to approve a Stipulated Final Judgment in the amount of $57,850.00 for
Parcel 128FEE In the lawsuit styled Collier County v. Carlos Alvarez, el aI., Case No. 07.
2882-CA 10il Well Road Project No. 60044) (Fiscal Impact $13.950)
6/24/200890000 AM
Prepared By
Kay Nell
County Attorney
Certified Legal Assistant
Date
County Attorney
6/11/200811 :01 :57 AM
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
6/12/2008 11 :01 AM
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Date
Transportation Services Admin
6/12/200811:09 AM
Approved By
Lisa Taylor
Transportation Services
ManagementlBudget Analyst
Date
Transportation Administration
6/1212008 12:54 PM
Approved By
Kevin Hendricks
Transportation Services
Right Of Way Acquisition Manager
Date
TECM-ROW
6112120083:27 PM
Approved By
Norm E. Feder, A1CP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
6112/20083:34 PM
Approved By
Najeh Ahmad
Transportation Services
Director
Date
Transportation Engineering &
Construction Management
6/12/20083:49 PM
Approved By
OMS Coordinator
County Manager's Office
OMB Coordinator
Date
Office of Management & Budget
6/12120084:13 PM
Approved By
John A. Yonkosky
County Manager's Office
Director of the Office of Management
Date
Office of Management & Budget
6112120087:40 PM
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Page 2 of 2
Agenda Item No. 16K4
June 24, 2008
Page 3 of 6
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
6/15/20087:43 PM
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Agenda Item No. 16K4
June 24, 2008
Page 4 of 6
IN THE CIRCUIT COURT OF THE TWF.NTlETH JUDICIAL cmcu IT
IN AND FOR COLLIER COUNTY, }<'LORIDA
CIVIL ACnON
Ca~e No.: 07-2882-CA
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COLLIER COUNTY, FLORIDA,
a political suhdivision ofthe State of Florida,
Petitioner,
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Parcel No.: 128FEE
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vs.
c;ARLOS ALVAREZ, et aI.,
Respondents.
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STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made hy Petitioner,
COLLIER COUNTY, FLORIDA, by and through [he wldcrsigned counsel, and Respondent,
MA YTE PURON (hereafter "Respondent"), for entry of Ii Stipulated Final Judgment as to Parcel
128FEE, and it appearing to the Court that the parties are authorized to muke such motion, the Court
tinding that the compensation to he paid hy Petitioner, COLLIER COUNTY, FLORIDA, is the ful!
compensation due Respondent, MA YTE PURON, and the Court being otherwise fully advised in
the premises thereof, it is thereupon,
ORDERED AND ADJUDGED that Respondent, MA VTE PURON, have and recover from
Petitioner. COLLIER COUNTY, FLORIDA, the sum of Fifty-Seven Thousand Eight Hundred
Fifty Dollars and No/I 00 (S57,850.00) fur Parcel 1 28FEE as full payment fur the property interes1S
taken and for damages resulting to the remainder, ifless than the entire property was taken, business
damages, and fOr all other damages in C<Jnneclion with said parcels; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, has previously deposited the
aroowlt of Forty-Four Thousand Dollars and No/IOO ($44,000.00) into the registry of the Clerk
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L\genda Item No. 16K4
June 24. 2008
Page 5 of 6
of the Cn-cuit Court toward the acquisition of Parcel 128FEE at which time title to said parcel 8S
described in Exhibit. A" vested in the name of Petitioner; it is further
ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORlDA, shall deposit an
additional Thirteen Thousand Eigbt Hundred Fifty Dollan and No/1oo ($13,850.00) ioto thc
registry of the Clerk of the Circuit Court fur thc benefit of Respondent, MA YTE PURON; it is
further
ORDERED that disbursement ofthe funds on deposit shall be by further order ofthis Court;
it is further
ORDERED that title to Parcel 128PEE, a Fee Simple Interest, heing fully described in
Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER
COUNTY, FLORfDA, pursuant to the Order of Taking dated January 9,2008, and the deposit of
money heretoforc made, is approved, ratified, and confirmed; it is further
ORDERED that this Court reserves jurisdiction to enforce the term~ ofthi~ Stipulated Final
Judgment; it is further
ORDERED that the Notice of Lis Pendens filed in this action and recorded in Official
Record Book 4274, Page 2074, al '''q., of the Public Records of Collier County, Florida be
dismissed as to Parcel128FEE; it is further
ORDERED that this Stipulated Final Jud~ment is subj~ct to approval by the Board of
County Conunissioners; it i~ further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of
Collier County, Florida; it is therefurc
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Agenda Item No. 16K4
June 24, 2008
Page 6 of 6
DONE AND ORDERED in Chambers at Naples, Collier County, Florida this __ day
o~____.___-, 2008.
CIRCUIT COURT JUDGE
Conformed Copi~:
Robert N. Zachary, Esquire
E. Glenn Tucker, Esquire
Mayte Puron
Southstar Funding, LtC
Mortgage Electronic Registration System, Inc.
Rodolfo MesaIMartha Mesa
Daniel De La NovalJRosabel De La Noval
Kevin Hendricks, Acquisition MgrfTransp.
Bookkeeping
JOINT MOTTON FOR STJPm.ATED FINAL JUDGMENT
The parties hereby stipulate and respectfully request this Court to enter the foregoing
Stipulated Final Judgment as to Parcel I 28FEE.
Dated:
L_
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Dated:.__..eQ~=-..L2---=- {).!? ...__
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RO ER N CHARY. ESQUIRE
Florida Bar No, 08 I 6604
COLLIER COUNTY ATTORNEY'S OFFICE
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252-8400 - Telephone
(239) 252.6300 - Facsimile
ATTORNEY FOR PETITlONER
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