Agenda 09/09-10/2008 Item #16K 6
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AG.E..N. D. ..A.....'T EM r
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EXECUTIVE SUMMARY --.~. .--=.::c: - . .
Recommendation to approve the Stipulated Final Judgment in the total amount of $B5,520.00 for
Parcel 198RDUE in the lawsuit styled Collier Countyv. Jose Munoz, etal., Case No. 07.2823.CA (Oil
Well Road Project No. 60044). (Fiscal Impact $29,220.00)
OBJECTIVE:That the Board of County Commissioners approve the Stipulated Final Judgment for
payment of full compensation, attorneys’ fees and costs, for the taking of Parcel 198RDUE in the
lawsuit styled Collier County v. Jose Munoz, etal., Case No. 07-2823-CA (Oil Well Road Project No.
60044).
CONSIDERATIONS:
Collier County has condemned a .482 acre strip of land (Parcel 198RDUE) from property owners, Kirpal S.
Parmar and Sarbjeet K. Parmar, for the Oil Well Road project for road right-of-way drainage and utility
easement. The County offered the owner $85,520.00 as the County’s statutory offer on June 29,
2007. An updated appraisal, dated November 14, 2007, shows a declining market value of $56,300.00 for
the taking. An Order of Taking hearing was held on January 4,2008, and the County deposited the sum of
$56,300.00 in the Court Registry.Respondents have agreed to accept $85,520.00 as total compensation
inclusive of attorney’s fees and costs, but have requested that $5,520.00 be allocated to their
attorney for fees and costs. See attached Stipulated Final Judgment, which reflects this allocation. If
approved, the County will be responsible for the following costs: Additional Compensation, Expert Fees,
Attorney’s Fees and Costs: $29.220.00 TOTAL: $29,220.00
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FISCAL IMPACT:Funds in the amount of $29,220.00 are available in Gas Taxes and Impact Fees.
Source of funds are Impact Fees and/or Gas Taxes.
GROWTH MANAGEMENT IMPACT:None.
LEGAL CONSIDERATIONS:This item is legally sufficient for Board action per Ellen T. Chadwell.
RECOMMENDATION:That the Board of County Commissioners approve the Stipulated Final
Judgment as to Parcel 198RDUE, and authorize payment of the funds as stated.
Prepared By:
Department
County Attorney
Date
8/28/20088:51 :35 AM
Approved By:
Department
Approval
Date
~
County Attorney Approved
8/28/2008 3:39 PM
Approved By:
Department Approval
Transportation Approved
NAGENDA ITEM ) ll2 ~ y
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Date
8/29/20088:19 AM
Approved By:
Department
Approval
Date
Trans. Eng. And Approved
Const. Mgmt.
8/29/2008 8:20 AM
Approved By:
Department
Approval
Date
County Approved
Manager's Office
8/28/20086:14 PM
Approved By:
Department
Office of
Management
and Budget .
Approval
Date
Approved
8/28/20084:18 PM
ATTACHMENTS:
Name;
Description:
Type:
I) SJi.Qu1ated Final JudgmeJ.1l:
Mut'JQz _ Parmar _ 198RDlJE.Rdf Stipulated Final Judgment
Cover Memo
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N~G~NDA ITEM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUI
IN AND FOR COLLIER COUNTY, FLORIDA :1 p
CIVIL ACTION ..~ g
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COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida,
Petitioner,
Case No. 07-2823-CA
v.
JOSE MUNOZ, et ai.,
Parcel: 198RDUE
Respondents.
/
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents,
KIRP AL S. PARMAR AND SARBJEET K. PARMAR, by and through their undersigned counsel,
for entry of a Stipulated Final Judgment as to Parcel 198RDUE, and it appearing to the Court that
the parties are authorized to make such Motion, the Court fmding that the compensation to be paid
by Petitioner is the full compensation due the Respondents, KIRPAL S. PARMAR AND
SARBJEET K. PARMAR, and the Court being otherwise fully advised in the premises thereof, it is
thereupon
ORDERED AND ADJUDGED that Respondents, KIRPAL S. PARMAR AND
SARBJEET K. PARMAR, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the
total sum of Eighty Thousand and No/IOO Dollars ($85,520.00) for Parcel 198RDUE, as full
payment for the property interest taken and for damages resulting to the remainder, if less than the
AGENDA ITEM
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entire property was taken, and for all other damages in connection with said parcel, all attorney's
fees, expert fees and costs; it is further
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, is
entitled to a credit for the good faith estimate of value previously deposited in the amount of
$56,300.00; it is further
ORDERED AND ADJUDGED that without further order of the Court, the Clerk shall
disburse $56,300.00 made payable to KIRPAL S. PARMAR AND SARBJEET K. PARMAR,
3660 Everglades Boulevard, North, Naples, 34120 from the registry of the Court; it is further
ORDERED AND ADJUDGED that Petitioner shall pay. within thirty (30) days of receipt
of this Stipulated Final Judgment, an additional Twenty-1bree Thousand Seven Hundred and
No/lOO Dollars ($23,700.00) to Respondents, KIRPAL S. PARMAR AND SARBJEET K.
PARMAR, 3660 Everglades Boulevard, North, Naples, 34120; it is further
ORDERED AND ADJUDGED that Petitioner shall pay, within thirty (30) days of receipt
of this Stipulated Final Judgment, the total sum of Five Thousand Five Hundred Twenty and
NollOO Dollars ($5,520.00), made payable to the Bella Y. Patel, PA Trust Account, c/o Bella Y.
Patel, Esq., 13026, as total payment for all attorney's fees, expert fees and costs, and no other costs
and attorney's fees, including supplemental attorney's fees, shall be awarded in this cause; it is
further
ORDERED AND ADJUDGED that the road right-of-way drainage and utility easement
interest in Parcel 198RDUE, being fully described in Exhibit "A" attached hereto and incorporated
herein, which vested in Petitioner 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
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AGENDA ITEM
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ORDERED
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AND ADJUDGED the above rcpresents a fInal disposition of all claims
asserted herein, and which have arisen or relate to the taking of Parcel 198RDUE in any way; it is
further
ORDERED AND ADJUDGED that the Notice of Lis Pendens fIled in the above-styled
cause and recorded in Official Record Book 4272, Page 3598 of the Public Records of Collier
County, Florida is dismissed as to Parcel 198RDUE; it is further
ORDERED AND ADJUDGED that pursuant to Section 74.051(3), F.s., the Clerk of
Courts shall disburse the interest earned on the funds on deposit in the amount of $
made payable to the Board of County Commissioners, c/o Ellen T. Chadwell, Office of the County
Attorney, 3301 Tamiami Trail, Naples, East, Florida 34112; it is further
ORDERED AND ADJUDGED that the compensation awarded to Respondents, KlRP AL
S. PARMAR AND SARBJEET K. PARMAR, are subject to the claim of the mortgagee, if any; it
is further
ORDERED AND ADJUDGED 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
,20_.
HONORABLE HUGH D. HAYES
CffiCUIT COURT JUDGE
conformed copies to:
Ellen T. Chadwell, Esquire
Bella Y. Patel, Esquire
Bank of America, N.A.
E. Glenn Tucker, Esquire
Kevin Hendricks, Acquisition Mgr./Transp.
Accounting
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AGENDA ITEM
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JOI:-!T MOTION FOR ll,JPLJI.ATED FrN,\L JlJDGM.::'IT
Pelilioner. COLLIER COUNTY. FLORIDA. togelher wi,h Respondents. KIRPAI. S.
l'ARMAR AND SARI3lEET K. PARMAR. herehy respcClfully mOve 1<" cnlT)' of the forogoiug
Stipulated Final Judgment as 10 Puree1198RlJliE.
Dated: r~~ 2~ lOog'
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Ill'l_1 J~~..~~:~f~~~QlRi~---'-
Florida Bar No. 961670
LA W OFFICE OF RELLA Y. PAn:l.. J'.A.
13026 Waterli",] Run Drive
Rivo""i,>..., Florida 33569
(81';) 043-2762 - Telephone
(813) 643-2612 . Fae.;mile
AITOR:-<EY mR RK~PONf)ENTS,
KlRPM. S. PARMAR AND SAlillJEET K. PARMAR
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Daled:
ELLEN T. CTlAD\VELL, ESQUIRI-:
Florida ilM No. 0983860
COUNTY ATTOR'-<'EY'S OFFICE
Hamtoll 'l'unu:r Huildine
3101 Fast T.l.unianu Trail
~apb. Florida .'4112
(23'1) 774- 8400 . T dephone
1239\ 774.0225 . Fac.imilc
AITOR'\EY FOI{ 1'1,1 J [IUNER
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