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Agenda 09/09-10/2008 Item #16K 9 AGEND , No. EXECUTIVE SUMMARY SEP. 0, )fIf';, hi (of- -::r- ","","~'L--':::~.;".__ _.,.._ ~ Recommendation to approve a Stipulated Final Judgment in the total amount of $44,000.00 for Parcel 188RDUE in the lawsuit styled Collier County v. Armando B. Yzaguirre, et al., Case No. 07- 2746-CA(Oil Well Road Project #60044). (Fiscal Impact $17,200.00) OBJECTIVE:That the Board of County Commissioners approves a Stipulated Final Judgment for payment of full compensation, for the taking of Parcel 188RDUE in the lawsuit styled Co/iier County v. Armando B. Yzaguirre, et. al., Case No. 07-2746.CA(Oil Well Road Project No. 60044). CONSIDERATIONS: Collier County has condemned .052 acre parcel of land for road right-of-way drainage and utility easement (Parcel 188RDUE) from homeowner Gilberta Ruiz. The County offered the owner $34,500.00 in July, 2007, based on the initial appraisal' that included the value of the land and improvements taken, as well as severance damages based on a reduced setback from the road, the cost to cure, and includes a settlement incentive. A second appraisal dated December, 2007, showed a declining market value and subsequent to the Order of Taking on January 9, 2008, a sum of $26,800.00 for land, improvements, damages and cost to cure, was deposited in the court registry. At mediation, the parties agreed to settle for a total of $44,000.00, which included $40,000.00 for the land, improvements, damages and cost to cure, as well as expert and attorney’s fees and costs of $4,000.00 Prior to mediation, the County’s value for full compensation was $26,800.00, whereas the landowners figure was $83,515.00, plus attorney’s fees and costs. If approved, the County will be responsible for the following costs:§Additional Deposit: $13,200.00§Attorney’s Fees, Expert Fees and Costs: $ 4.000.00 TOTAL $17,200.00 .~ FISCAL IMPACT:Funds in the amount of $17,200.00 will come from the Gas Taxes and Impact Fee. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT:None. LEGAL CONSIDERATIONS:The initial deposit in the Court Registry will remain, pending further order of the Court. This item is legally sufficient for Board action. Robert N. Zachary RECOMMENDATION:That the Board of County Commissioners approves the Stipulated Final Judgment as to Parcel 188RDUE and authorize the deposit of funds into the attorney’s trust account for proper disbursement in accordance with the Stipulated Final Judgment. Prepared By: Department County Attorney Date 8/28/20089:20:39 AM ~ Approved By: Department 10( Approval N~~:.NDA ITEM ----,---,. "EP , - """.' (, .',,',;; _~~:.- ='2.. <>f ~ -~-.-'-o_:':;"~~:':':::;-:,::_.j Date County Attorney Approved 8/29/2008 11 :40 AM Approved By: Department Transportation Approval Approved Date 8/29/2008 8:22 AM Approved By: Department Approval Date Trans. Eng. And Canst. Mgmt. Approved 8/29/20088:23 AM Approved By: Department Approval Date County Manager's Office Approved 8/28/2008 6:28 PM Approved By: Department Office of Management and Budget Approval Date Approved 8/29/2008 11 :47 AM ATTACHMENTS: Name: Description: [l SFJ. P188RDUE - Ruiz . ~Yzaguirre.pdf Stipulated Final Judgment Type: Agreement l~lC1 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRC IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION TN~GENDA ITEM St./" ,), ?Qfiii Pg g b-t- ?-- COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No. 07-2746-CA (HDH) v. ARMANDO B. YZAGUIRRE, et a1., Parcel: 188RDUE 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 Respondent, GILBERTO RUIZ, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel I 88RDUE, 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 is the full compensation due the Respondent, GILBERTO RUIZ, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, GILBERTO RUlZ, has and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Forty Thousand and No/I 00 Dollars ($40,000.00) for Parcel 188RDUE, as full payment for the property interest taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said parcel; 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 Court Registry the amount of Twenty-Six Thousand Eight Hundred and No/IOO Dollars ($26,800.00); it is further AGENDA ITEM No _.',"___~"___".'~_ I. ~' SE~j\ Ot-; .. llt ~L q ORDERED AND ADJUDGED that Petitioner, coalll CUUN t-Y-;FEBR'1DA, shall pay an additional Thirteen Thousand Two Hundred and Noll 00 Dollars ($13,200.00) to Respondent, GILBERTO RUIZ; it is further ORDERED AND ADJUDGED that Respondent will receive, pursuant to 973.092(1), Fla. Stat., as a reasonable attorney's fee and expert witness fees and defense costs in the sum of Four Thousand and Noll 00 Dollars ($4,000.00). Except as provided herein, no attorney's fees or other costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel I 88RDUE; it is further ORDERED ANTI ADJUDGED that Petitioner shall pay, within thirty (30) days hereof, the total sum of Seventeen Thousand Two Hundred and Noll 00 Dollars ($17,200.00), made payable to the Bella Y. Patel, P.A. Trust Account, c/o Bella Y. Patel, Esq., 13026, for proper disbursement in accordance with this order; it is further ORDERED AND ADJUDGED that the road right-of-way, drainage and utility easement interest of Parcel I 88RDUE, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated January 9, 2008, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 4271, Page 1339 of the Public Records of Collier County, Florida be dismissed as to Parcel I 88RDUE; 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 Robert N. Zachary, Office of the County Attorney, 3301 Tamiami Trail, Naples, East, Florida 34112; it is further 2 l0 , ORDERED AND ADJUDGED that this Stipulated Final Judgment is to be recorde SEP (J iJ inr) iPgthe ~ of-::::l:. Official Records of Collier County, Florida; it is further ORDERED AND ADJUDGED that the compensation award is subject to the claims of the mortgagee; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _ day of September, 2008. HONORABLE HUGH D. HAYES CIRCUIT COURT JUDGE conformed copies to: Robert N. Zachary, Esquire Bella Y. Patel, Esquire Bank of America, N.A. Kevin Hendricks, Acquisition Mgr.rrransp. Accounting JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, GILBERTO RUIZ, hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcel 188RDUE. Dated: Dated: BELLA Y. PATEL, ESQUIRE Florida Bar No. 961670 Law Offices of Bella Y. Patel, P.A. 13026 Waterford Run Drive Riverview, Florida 33569 (813)643-2762 - Telephone (813)643-2612 - Facsimile ATTORNEY FOR RESPONDENTS, GILBERTO RUIZ ROBERT N. ZACHARY, ESQUIRE Florida Bar No. 816604 COUNTY ATTORNEY'S OFFICE Harmon Twner Building, 8th Floor 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER COLLIER COUNTY, FLORIDA CP, 07-2646-CA; 1953 3 JOlNT MOTION FOR STIPUT.A Tim FI:'>lAL Jl;I)GMENT SEP 0 :'!i!; , pg...JE 1?+- 3- Petitioner, COLLIER cuu"ry, fLORIDA. together with Respondents. GILBERTO RUIL. hcrcby respectfully move li'r entry ofthc forcgoing Stipulated !'inal Judgment as to Pnrcel J R8RDUE. f)at{ct)__:~ II }O~ ,/;, l l,f 1'...:-1 _PL\!,)., cd ~,\ BEI.tA Y. PATEL, ESQlJlRE Florida Bar "10. %1670 Law Ollices of Bella Y_ Patel. P_A. 11026 Watcrford Run Drive Riwrview, Florida 33569 (813)643-2762 . Telephonc (8I3)643-2nI2 - Facsimile ATTORN E Y FOR RES PONDF.NTS. UIIIlI.:RTO RU1Z Dated: ROBERTN, ZACHARY_ ESQUIRE ~ Plorida Bar No. R 16604 COUNTY AnORNFY'S OFFICE I larmon Turner Buildinll, 801 Fluur 3301 East Tamiami I'rnil Naples, Florida 34 [ 12 (23'1) 774.8400 - T~lephone f,23'1) 774.0225 - Facsimile .\TTOR-"\EY FOR PEl'lTtON1.R COLLIER COL1'<'TY, FLORIDA CP.ll"J.:!MbvCi\:1CJ53 CEI{l}fl<;L\TI: QE.SERVlCF. J HERElIY CERTIFY that a 1rue and correct wpy ufthe lilfcgoing is Iurnishcd by U.S. Mail to Hank of AmL'l'tea. N.A.. Bank of Ameriea Legal Departmem, NCI-002.29-01. 101 S. T)TOn SL C!laclatre.:-.Ie 28255, on this _ day of Septemhcr, 2008. -.-.... ROBERT N. ZACHARY ASSISTANT COUNTY A HORNEY lYO? D46-C.-\~ 195J 4 lle ~ q N~~ENDA ITEM SEP !!)(jr, ,-Pg '"1-q'::i- -= - -"'--<>=-;-:~:'';;:'~ .-....-...-.. ..- ..1. PROJECT NO. 60044 PROJECT PARCEL NO. 1BBROUE PERPETUAL., NON-EXCLUSIVE ROAO RIGHT -<If-WA Y, DRAINAGE AND UTIUTY EASEMENT LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) EXlUBIT "A" THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOlJ11-l 75 FEET OF TRACT 118, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COlliER COUNTY, FLORIDA. CONTAINING .052 ACRES, MORE OR LESS _.._.'_h_',_"_,,_,,_,,_,,_,,_,,_,,_,,_,,_,, _,._O'_'__h_._.._.__.__.._.._n_,'_n_h_"_n__. ./ WCif/'ioW'"rI EXIITWOfOCI"'IXJrWElE~IOI.UIIMDIUlJHf.a:;.wA.Y 150~""" _.._..~.._.._.._.._.. "-"-"~.~'-~~y'riiRET)'._"-' -"-''PERPEltl\I:.-NCiN:exa.uSM! 1..... -..-..-.. - ..-..-..-..- R"""R1Q><T.oF-Wo.Y,CIlAINAG~ ~ lITIUlY EMI_ ~-- .g'1!,",,~'1lII! THE SOUTH 75 FEET OF TRACT l1B z ------- ......- NOT TO SCALE