Agenda 04/08/2008 Item #16K 4
Agenda Item No. 16K4
April 8, 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: $5,350.00).
OBJECTIVE: That the Board of County Commissioners approve the proposed Joint Motion for
the entry of an Agreed Order awarding expert engineering fees and costs in the amount of $5,350.00
resulting from the condemnation of Parcel ] 83 RD UE 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 1 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 Professional
Engineering Resources, Inc. (PEER) for engineering services in the amount of $9,394.67. As a
result of negotiation, the parties have agreed to $5.350.00.
If approved, the County will pay the following costs:
. Engineering Fees and Costs
TOTAL:
S5.350.00
$5.350.00
Attached is the proposed Joint Motion for Agreed Order.
FISCAL IMPACT: Funds in the amowlt of $5,350.00 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 engineering fees; and
2. Approve the expenditure of funds as stated.
PREPARED BY:
Attorney
Ellen T. Chadwell, Assistant County Attorney, Office of the County
Page I of2
Agenda Item No. 16K4
April 8, 2008
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K4
Meeting Date:
Recommendation that the Board of County Commissioners Approve the Proposed Joint
Motion for an Agreed Order Awarding Costs Relating to Parcel 183RDUE in the CoJIier
County v. Jorge B. Echezarraga, et aI., Case No. 07-3278-CA, Oil Well Road Project #60044.
(Fiscallmpacl $5.350.00)
4/8/200890000 AM
Prepared By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/20/20084:21:53 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM-ROW
3124/2008 5:38 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
3/25/2008 7:57 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
3/25/200810:05 AM
Approved By
Norm E. Feder, Ale?
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
3/25/200810:48 AM
Approved By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/25/20085:12 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
3/26/2008 2:05 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/26/20084:35 PM
Approved By
OMS Coordinator
Applications Analyst
I,.IcHtl
Administrative Services
Information Technology
3/27/20082:18 PM
file://C:\AgendaTest\Exoort\ 1 04-Aoril%208.%202008\ 16.%20CONSENT%20AGENDA \16... 4/2/2008
Page 20f2
,t,genda llem ~~o. 16f<4
('.pri: 8, 2003
Page 3 of 5
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3/28/2008 9:07 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
3/29/20084:45 PM
file://C:\AgendaTest\Exoort\ 1 04-Aoril%208.%202008\ 16.%20CONSENT%20AGENDA \ 16." 4/2/2008
Agenda Item No. 16K4
April 8, 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.,
Parcel(s): 183RDUE
Respondents.
/
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 Five Thousand Three Hundred
Fifty and No/tOO Dollars ($5,350.00) for engineering fees with respect to Parcel 183RDUE.
2. Petitioner, COLLIER COUNTY, shall pay this sum within thirty (30) days from
the date of this Order to PEER, Inc., 646 94th Avenue North, St. Petersburg, Florida 33702-2463
for these fees.
DONE AND ORDERED in Naples, Collier County, Florida, this
day of
,2008.
Circuit Court Judge
Conformed copies to:
Ellen T. Chadwell, Esquire
Bella Y. Patel, Esquire
Kevin Hendricks, Transportation Dept.
Accounting
..0..genda ltf.;m t'~o. 16K4
!',pril 8, 2008
Page 5 of 5
JOINT MOTION
The Parties, by and through their undersigned attorneys, hereby move for entry of the
foregoing Agreed Order A warding Expert Fees.
Dated:
Bella y, Patel, Esquire
Florida Bar No.:
13026 Waterford Run Drive
Riverview, FL 33569
(813) 643-2762- Phone
(813) 643-2612- Facsimile
A TTOR.1\fEY FOR RESPONDENT: JORGE
B. ECHEZARRAGA
Dated:
Ellen T. Chadwell~~
Assistant County tto ey
Florida Bar No.: 98 60
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.
Jorge B. Echczarraga
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-CAl655
ELLEN T. CHADWELL, ESQ.