Agenda 06/10/2008 Item #16K 3
Agenda Item No. 16K3
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 183RDUE in the Collier
County v. Jorge B. Echezarraga, et al., Case No. 07-3278-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 83RDUE 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 I 83RDUE, which was owned by Respondent, Jorge B. and Milaidis
Echezarraga. 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 Surveyors for surveying services in the amount of$4,515.00. As a result of
negotiation, the parties have agreed to $3,800.00.
~
If approved, the County will pay the following costs:
. Engineering 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.
RECOMMENDATION: That the Board of County Commissioners:
1. 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
-
07-3278-CA/676
Item Number:
Item Summary:
Meeting Date:
Page lof2
Agenda II em I~o. 16K3
June 10.2008
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K3
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. 011 Well Road Project #60044
iFiscallmpact $3800.00)
6/10/200890000 AM
Prepared By
Ellen T. Chadwell
County Attorney
Assistant County Attorney
Date
County Attorney Office
5127120082;08;20 PM
Approved By
Usa Taylor
Transportation Services
ManagementfBudget Analyst
Date
Transportation Administration
5127/20082;25 PM
Approved By
Najeh Ahmad
Transportation Services
Director
Date
Transportation Engineering &
Construction Management
5/27120082;43 PM
Approved By
Ellen T. Chadwell
County Attorney
Assistant County Attorney
Date
County Attorney Office
5/28/200811 :00 AM
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Date
Transportation Services Admin
5128/20085;21 PM
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
5129/20089;32 AM
Approved By
Kevin Hendricks
Transportation Services
Right Of Way Acquisition Manager
Date
TECff,-ROW
5!29/2008 2;26 PM
Approved By
OMS Coordinator
County Manager's Office
OMS Coordinator
Date
Office of Management & Budget
5!30/2008 9:44 AM
Approved By
Susan Usher
County Manager's Office
Senior Management/Budget Analyst
Date
Office of Management & Budget
6!2i2008 6:57 PM
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Approved By
JClmes V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
6/2/20087:'37 PM
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Aqenda Item I~o. 16K3
- 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. 07-3278-CA
JORGE B. ECHEZARRAGA, et aI.,
Respondents.
Parcel(s): 183RDUE
/
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:
I. Respondents, JORGE B. and MILAIDIS ECHEZARRAGA, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Three Thousand Eight Hundred
and No/IOO Dollars ($3,800.00) for surveying fees with respect to Parcel I 83RDUE.
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, FL 33511-4129, for these fees.
3. This Court reserves jurisdiction regarding the remaining umesolved fees and
costs.
DONE AND ORDERED in Naples, Collier County, Florida, this
day of
,2008.
Circuit Court Judge
Confonned copies to:
Ellen T. Chadwell, Esquire
Bella Y. Patel, Esquire
Kevin Hendricks, Transportation Dept.
Accounting
h2:T1 hJo, iCW3
ci~me 10. 2DJ8
5 of 5
JOINT MOTION
The Parties, by and through their undersigned attorneys, hereby move for entry of the
foregoing Agreed Order Awarding Expert Fees.
Dated:
Bella Y. Patel, Esquire
Florida Bar No.:
13026 Waterford Run Drive
Riverview, FL 33569
(813) 643-2762- Phone
(813) 643-26]2- Facsimile
ATTORNEY FOR RESPONDENT: JORGE
B. and MILAID]S ECHEZARRAGA
Dated:
Ellen T. Chadwelv.\:7)
Assistant County ~ey
Florida Bar No.: 983860
330] East Tamiami Trail, 8th Floor
Naples, Florida 34]] 2
(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
C.S. Mail to the parties listed below on this _ day of ,2008.
Jorge B. Echezarraga
Milaidis Echezarraga
c/o Bella Y. Patel, Esq.
Law Office of Bella Y. Patel, P.A.
13026 Waterford Run Drive
Riverview, FL 33569
07.3278-CA/675
ELLEN T. CHADWELL, ESQ.