Agenda 09/09-10/2008 Item #16K14
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Recommendation to approve a Stipulated Final Judgment in the amount of $67,500.00 for Parcel
No. 190RDUE in the lawsuit styled Collier County v. Pablo Sardinas, et aI., Case No. 07-2824-CA
(Oil Well Road Project No. 60044). (Fiscal Impact $19,000.00)
OBJECTIVE:That the Board of County Commissioners approve a Stipulated Final Judgment for
payment of full compensation, attorney’s fees and costs, for the taking of Parcel 190RDUE in the
lawsuit styled Collier County v. Pablo Sardinas, et. al., Case No. 07-2824-CA (Oil Well Road Project No.
60044).
CONSIDERA TIONS:
Collier County has condemned .103 acres for a perpetual, non-exclusive road right-of-way, drainage and
utility easement (Parcel 190RDUE) from homeowners Pablo M. and Maria Sardinas. The County offered
the owner $50,525.00 as the County’s statutory offer on June 29, 2007, based on the initial
appraisal of $45,900.00 plus a settlement incentive of $4,625.00. An Order of Taking hearing was held on
January 4, 2008, .and the County deposited the sum of $48,500.00 in the Court Registry, based on an
updated appraisal.Both appraisers found that the property suffered damage as a result of a reduced
setback from the take but differed on amount. Moreover, there were large differences in opinions as to the
value of landscaping within the take area and the costs to cure the property. The owner claimed
compensation in the amount of $94,357.23. This case was mediated pursuant to Court Order on July 10,
2008, and the parties reached settlement in the amount of $67,500.00, which is inclusive of all fees and
costs. See attached Stipulated Final Judgment.lf approved, the County will be responsible for the following
costs:§Addltional Compensation, Attorney’s Fees, § Expert Fees and Costs:
$19.000.00 TOTAL $19,000.00
FISCAL IMPACT:Funds in the amount of $19,000.00 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.
LEGAL CONSIDERATIONS:
RECOMMENDATION :That the Board of County Commissioners approve the Stipulated Final
Judgment as to Parcel 190RDUE and authorize payment of the funds as stated.
Prepared By:
Department
Information Technology
Date
8/28/2008 2:53:43 PM
Approved By:
Department
Approval
Date
County Approved
Manager's Office
8/31/20083:48
A IT ACHMENTS:
Name:
Description:
Stipulated Final Judgment
Type:
Cover Memo
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AGENDA ITEM
No.
IN THE CIRClliT COURT OF THE TWENTIETH JUDICIAL CIRClli
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
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COLLIER COUNTY, FLORJDA, a
political subdivision of the State of Florida,
Petitioner,
v,
PABLO M. SARDINAS, et a1.,
Case No. 07-2824-CA
Parcel: 190RDUE
Respondent.
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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,
PABLO M. and MARIA SARDINAS, by and through their undersigned counsel, for entry of a
Stipulated Final Judgment as to Parcel 190RDUE, 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 Respondents, PABLO M. and MARIA SARDINAS, and the Court
being otherwise fully advised in the premises thereof, it is thereupon ORDERED and ADmDGED:
I. Respondents, PABLO M. and J'v1ARlA SARDINAS, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Sixty Seven Thousand Five Hundred and
No/lOO Dollars ($67,500,00) for Parcel190RDUE, 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, and all attorney's fees, expert witness fees and
defense costs, No other costs and attorney's fees, including supplemental attorney's fees, shall be
awarded in this cause.
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2. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for
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estimate of value previously deposited in the amount of$48,500.
3, Within thirty (30) days of receipt of this order, Petitioner shall pay the sum of
Nineteen Thousand and 00/100 Dollars ($19,000.00) made payable to Bella Y. Patel, P.A. Trust
Account, c/o Bella y, Patel, Esq., 13026 Waterford Run Drive, Riverview, FL, 33569, for proper
disbursement for compensation, attorney's fees and costs.
4. Upon entry hereof, the Clerk shall disburse forthwith the total amount of Forty
Eight Thousand Five Hundred and No/I00 Dollars ($48,500.00), made payable to Bella Y.
Patel, P.A. Trust Account, c/o Bella Y. Patel, Esq., 13026 Waterford Run Drive, Riverview, FL,
33569, for disbursement of compensation.
5. Title to Parcel No. 190RDUE, a perpetual, non-exclusive road right-of-way,
drainage and utility easement, 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.
6. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 4272, Page 3616 of the Public Records of Collier County, Florida is dismissed as to
ParceI190RDUE.
7. 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 $636.12 made payable to the Board of County
Commissioners c/o of Ellen T. Chadwell, Assistant County Attorney, Collier County Attorney's
Office, 3301 E. Tamimai Trail, Naples, FL 34112.
8. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
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DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this
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day of , 2008.
HONORABLE C~A. EWS
CIRCUIT COURT NDpE
Conformed copies 10:
Ellen T: Chadwell, Esquire
Bell. Y. Patel, Esq.
Bank of America, NA
Kevin H<:ndricks, Acquisition Mgr JTnmsp.
Acc~ing
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, PABLO M, and
MARlA SARDINAS, hereby respectfully move for entry of the foregoing Stipulated Final
Judgment as to ParceI190RDUE.
Dated:
Ellen T. Chadwe~
Assistant County
Florida Bar No.: 983860
3301 East Tamiami Trail, Sill Floor
Naples, Florida 34112
(239) 252-8400 - Phone
(239) 252~300 - Facsimile
ATTORNEY FOR PETITIONER
. Patel, Esquire
Flori Bar No.: 961670
Law Offices of Bella Y. Patel, P.A.
13026 Waterford Run Drive
Riverview, Florida 33569
(813) 643-2762 - Phone
A ITORNEY FOR RESPONDENTS
PABLO M. & MARIA SARDINAS
N~GENDA ITEM
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PROJECT NO. 60044
PROJECT PARCEL NO. 190RDUE
PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
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EXHIBIT
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
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A
THE WEST 30 FEET OF THE EAST BO FEET OF THE SOUTH 150
FEET OF THE NORTH 180 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 0.103 ACRES, MORE OR LESS
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....... WESTIW.FOF EXIS1lNG100FOOTWlDEEVERGlAOES8CllA.EVARDRIGH1~.wAY
..._" -.. _.._.. r" -~eii;DOO.O;W: RiGHf.o,.":WAY{iO FEr)' _..- -.
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PERPETUAL NO>I-EXClUSlVE
ROAD RlGIfT .OfWoIAY, DRAINAGE
AND unUlY EASEMENT
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I THE SOUTH 150 FEET OF THE
I NORTH 160 FEET OF TRACT 118
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NOT TO SCALE