Agenda 06/10/2008 Item #16K 2
Agenda Item No. 16K2
June 10. 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 169RDUE in the Collier
County v. Jose Munoz, et ai., Case No. 07-2823-CA, Oil Well Road Project #60044. (Fiscal
Impact: $3,800.00).
OBJECTIVE: That the Board of County Commissioners approve the proposed Joint Motion for
the entry of an Agreed Order awarding expert surveying fees and costs in the amount of $3,800.00
resulting from the condemnation of Parcel I 69RDUE in Collier County v. Jose Munoz, et ai., Case
No.07-2823-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 1 69RDUE, which was owned by Respondent, Jose Munoz. Pursuant to
Section 73.091, Fla. Stat., the property owner is entitled to all reasonable and necessary costs
incurred in the defense of the eminent domain proceeding. As part of the costs incurred in their
defense, counsel for the property owner has submitted an invoice from VanHorn & Associates,
Inc., Land SlU'Veyors for surveying services in the amount of$4,540.00. As a result of negotiation,
the parties have agreed to $3800.00.
If approved, the County will pay the following costs:
. Surveying Fees and Costs
TOTAL:
$3.800.00
$3.800.00
Attached is the proposed Joint Motion for Agreed Order.
FISCAL IMPACT: Funds in the amount of $3,800.00 are available in Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDA T10N: That the Board of County Commissioners:
I. Approve the Joint Motion for Agreed Order for surveying fees; and
2. Approve the expenditure of funds as stated.
PREPARED BY:
Ellen T. Chadwell, Assistant County Attorney, Office of the County Attorney
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07-2823-CA/1987
Item Number:
Item Summary:
Meeting Date:
Page I of2
Agenda Item No. el6K2
June 10. 2008
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K2
Recommendation that the Board of County Commissioners Approve the Proposed JOint
Motion for an Agreed Order Awarding Costs Relating to Parcel 169RDUE in the Collier
County v. Jose Munoz et at. Case No 07-2823~CA. Oil Well Road Project #60044. (Fiscal
Impact $380000)
6/10/2008900.00 AM
Prepared By
Ellen T. Chadwell
County Attorney
Assistant County Attorney
Date
County Attorney Office
5/27/20082:10:00 PM
Approved By
Usa T ay lor
Transportation Services
Management/Budget Analyst
Date
Transportation Administration
5/27/20082:28 PM
Approved By
Najeh Ahmad
Transportation Services
Director
Date
Transportation Engineering &
Construction Management
5/27/2008 2:44 PM
Approved By
Ellen T. Chadwell
County Attorney
Assistant County Attorney
Date
County A ttorney Office
5!28/200811:00 AM
Approved By
Sharon Newman
Tiar.sportation Services
Accounting Supervtsor
Date
Transportation Services Admin
5/28/2008 4 :41 PM
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
5f29/2008 9:23- AM
Approved By
Kevin Hendricks
Transportation Services
Right Of Way Acquisition Manager
:late
TECM-ROW
5/29/20082:01 PM
Approved By
OMS Coordinator
County Manager's Office
OMB Coordinator
Date
Office of Management & Budget
5i30/2008 9:43 AM
Approved By
Susan Usher
County Manager's Office
Senior ManagementfBudget Analyst
Date
Office of Mz.nage-ment & Budget
6/2/20087:08 PM
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Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
6/2.'20087:36 PM
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Page 2 of 2
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Agenda Item No. 16K2
June 10. 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. 07-2823-CA
JOSE MUNOZ, et aI.,
Respondents.
Parcel 169RDUE
/
AGREED ORDER AWARDING COSTS
THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, JOSE MUNOZ, 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:
I. Respondent, JOSE MUNOZ, shall recover from Petitioner, COLLIER COUNTY,
FLORIDA, the total swn of Three Thousand Eight Hundred and No/IOO Dollars ($3,800.00)
with respect to Parcel 169RDUE for surveying fees.
2. Petitioner, COLLIER COUNTY, shall pay this sum within thirty (30) days from
the date of this Order to Van Horn & Associates, Inc., Land Surveyors, 1225 West Brandon
Boulevard, Brandon, FL 33511-4129, for these fees.
3. This Court reserves jurisdiction regarding the remaining unresolved fees and
costs.
DONE AND ORDERED in Naples, Collier County, Florida, this
day of
,2008.
Circuit Court Judge
i:s~n No. 16K2
June 10, 2008
?age5CJf5
Conformed copies to:
Ellen T. Chadwell, Esquire
Bella Y. Patel, Esquire
Kevin Hendricks, Transportation Dept.
Accounting
JOINT MOTION
The Parties, by and through their undersigned attorneys, hereby move for entry of the
foregoing Agreed Order Awarding Expert Fees.
Dated:
Dated:
Bella Y. Patel, Esquire
Florida Bar No.:
13026 Walerford Run Drive
Riverview, FL 33569
(813) 643-2762- Phone
(813) 643-2612- Facsimile
ATTORNEY FOR RESPONDENT:
JOSE MUNOZ
Ellen T. Chadwelv,;\../)
Assistant County ~ey
Florida Bar No.: 983860
3301 East Tamiami Trail, 8th Floor
Naples, Florida 34112
(239) 252-8400 - Phone
(239) 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.
ELLEN T. CHADWELL, ESQ.
PARCEL 169RDUE
Jose 1. Munoz
c/o Bella Y. Patel, Esq.
Law Office of Bella Y. Patel. P.A.
13026 Waterford Run Drive
Riverview, FL 33569
07.2823-CN1988