Agenda 01/15/2008 Item #16B 7
Agenda Item No, 1687
January 15, 2008
Page 1 of 12
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment for Parcel 207FEE, in the lawsuit
styled Collier County v, Joseph Noel, et ai" Case No, 07-3200-CA and a Stipulated Final
Judgment for Parcel 208FEE in the lawsuit styled Collier County v, Pablo M, Sardinas, et ai"
Case No. 07-2824-CA (Oil Well Road Project No, 60044), (Fiscal Impact $400,000)
OBJECTIVE: That the Board of County Commissioners approve a Stipulated final Judgment for
the taking of Parcel 207FEE, in the lawsuit styled Collier County v, Joseph Noel, et aI., Case No,
07-3200-CA, and a Stipulated Final Judgment for the taking of Parcel 208fEE, in the lawsuit styled
Collier County v, Pablo M. Sardinas, et aI., Case No, 07-2824-CA (Oil Well Road Project No,
60044),
CONSIDERATIONS: Collier County seeks to condemn two 2,5 acre parcels for the construction
of a stormwater retention and treatment pond at the northeast corner of the intersection of Oil Well
Road and Everglades Boulevard, Differences of opinion over the highest and best use of the subject
parcels resulted in wide divergencies in the estimated value of the property,
The issue debated by the land planners hired by the County and the land planner hired by the
owners was the suitability of the property for residential uses, the reasonable probability of
obtaining a comprehensive plan amendment and a rezone of the property to commercial, with the
critical issue being the length of time it would take to achieve a rezone of the property, All three
land planners on the case agreed that the property was less suitable for Estates residential uses than
thousands of other properties which were available to purchasers, The property owner's land
planner was prepared to testify that it was his professional opinion that a rezone could be achieved
in as few as three years, Because of this, the property owner's real estate appraiser was prepared to
testify that the property's prcsent market value was $7,00 per square foot.
Because both of the land planners hired by the County would have testified that the property had
commercial "potential" but would not speculate on the time frame it would take before a rezone
could be achieved, the County's real estate appraiser was compelled to use the sales of Estates
residential properties from the subject neighborhood in his estimate of the market value of the
property, As of April 2007, his estimate of the market value of Estates residential properties in the
neighborhood, as well as the subject property, was $75,000 an acre ($1.72 per square foot), Staff
initially offered $219,700 and $209,200, for 207FEE and 208FEE, respectively, Since that time,
the appraiser has reduced his estimate of the market value of Estates residential properties in the
subject neighborhood to $35,000 an acre,
However, before the County's appraiser had completed his appraisal updates for condemnation, a
settlement conference was held on November 81h at the County Attorney's office with
Transportation Right-of-Way Acquisition staff, the propcrty owners, the owners' attorney, the
owner's appraiser and the owner's land planner; and while a settlement was not reached that day, an
offer to settle was left "on the table" indefinitely by the County to settle the case at $2,52 per square
foot (which was the amount that the County had offered for the property back in September 2006,)
Agenda Item No. 1687
January 15, 2008
Page 2 of 12
Subsequently, the County's offer was reduced to $2.52 per square foot including attorney fees and
expert costs, This last offer was "reluctantly" accepted on Monday, December 3, 2007, and is
herewith being brought to the Board for approval to settle the case and to avoid the cost of trial and
the risk of exposure to an unfavorable jury award,
The total settlement for Parcel 207FEE (2,596 acres) is $296,000, The total settlement for Parcel
208FEE (2.456 acres) is $280,600, The owner's real estate appraiser would have opined in court to
a value of $791,600 as to Parcel 207FEE and to a value of $748,900 as to Parcel 208FEE, A jury
verdict which split the difference between the County's appraiser's testimony and the owners'
appraiser's testimony would have been $441,250 for Parcel 207FEE and $417,450 for Parcel
208FEE, On top of that the County would have incurred costs of at least $75,000 for each trial, plus
a total of over $68,000 in prejudgment interest, and a total of $2 I 0,000 in statutory attorney fees on
two split verdicts (assuming the trials were held one year after the takings),
At this point, with the Orders of Taking having been entered on January 4, 2008, and with a deposit
of $90,900 having already been made as to Parcel 207FEE, and with a deposit of $86,000 having
already been made as to Parcel 208FEE, staff is recommending approval of Stipulated Final
Judgments that will minimize the County's exposure to additional costs in triaL
If approved, the County will be responsible for the following costs:
. Additional Compensation as to Parcel 207FEE
. Clerk's Fee
. Expert Fees and Costs (engineer)
. Attornev's Fees
TOTAL
. Additional Compensation as to Parcel208FEE
. Clerk's Fee
. Expert Fees and Costs (engineer)
. Attornev's Fees
TOTAL
$205,100,00
$ 150,00
(included)
(included)
$205,250,00
$194,600,00
$ 150,00
(included)
(included)
$194,750,00
FISCAL IMP ACT: Funds in the amount of $399,700 to cover the additional deposits to be made
into the court registry, plus clerk's fees of $300, will come from the Transportation Supported Gas
Tax Fund and Road Impact Fee Funds, Source of funds are Gas Taxes and Road Impact Fees,
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary,
RECOMMENDA nON: That the Board of County Commissioners approve the Stipulated Final
Judgments as to Parcels 207FEE and 208FEE, and authorize the additional deposit of funds into the
Court Registry of$205,100 as to Parcel207FEE and $194,600 as to Parcel208FEE,
Prepared By: Kevin Hendricks, Right-of-Way Acquisition Manager, Transportation Engineering &
Construction Management
Attachment: Stipulated Final Judgement (2)
2
Page I of2
Agenda Item No, 1687
January 15, 2008
Page 3 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16B7
Meeting Date:
Recommendation to approve a Stipulated Final Judgment for Parcel 207FEE, in the lawsuit
styled Collier County v. Joseph Noel, et aI., Case No; 07-320Q-CA and a Stipulated Final
Judgment for Parcel 208FEE in the lawsuit styled Collier County v Pablo M. Sardinas, et aL,
Case No, 07-2824-CA (Oil Well Road Project No, 60044) (Fiscal Impact $399,700)
1/15/20089:0000 AM
Prepared By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM-ROW
12121120072:03:24 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM-ROW
12121120072:37 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
12126/20077:19 AM
Approved By
Kevin H. Dugan
Project Manager
Transportation Engineering and
Construction
Date
Transportation Services
12131/20077:41 AM
Approved By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
12131120079:54 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
1/2120082:05 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
112120085:06 PM
Approved By
Pat Lehnhard
Ex:ecutive Secretary
Date
Transportation Services
Transportation Services Admin
1131200810:27 AM
Approved By
OMS Coordinator
Applications Analyst
Date
file://C:\AgendaT est\Export\98-January%20 15, %202008\ 16, %20CONSENT%20AGENDA \ I.., 1/9/2008
Page 2 of2
Agenda Item No, 16B7
January 15, 2008
Page 4 of 12
Administrative Services
Information Technology
1131200812:45 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1141200810:49 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
11712008 to:21 AM
file://C:\AgendaTest\Export\98-January%20 15,%202008\] 6,%20CONSENT%20AGENDA \].., 1/9/2008
Agenda Item No. 16B7
January 15, 2008
Page 5 of 12
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, 07-3200-CA
JOSEPH NOEL, et al"
Parcel: 207FEE
Respondents,
/
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent,
ARMANDO LLIZO, for entry of a Stipulated Final Judgment as to Parcel 207FEE, 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,
ARMANDO LLIZO, and the Court being otherwise fully advised in the premises, it is thereupon
ORDERED AND ADJUDGED that:
I, Respondent, ARMANDO LLIZO, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the sum of Two Hundred Ninety-Six Thousand and No/IOO Dollars
($296,000,00) for Parcel 207FEE, as full payment for the property interests taken and for damages
resulting to the remainder, ifless than the entire property was taken, and for all other damages in
connection with said parcel, and all attorney's fees and defense costs. No other costs and attorney's
fees, including supplemental attorney's fees, shall be awarded in this cause,
Agenda Item No. 1687
January 15, 2008
Page 6 of 12
2, Petitioner will be entitled to a credit in the amount of $ 90,900 from the good faith
deposit disbursed in accordance with the Order of Taking,
3, Title to Parcel207FEE in fee simple, 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 deposii of money heretofore made, is approved, ratified, and confirmed,
4, The Notice of Us Pendens filed in the above-styled cause and recorded in Official
Record Book 4281, Page 4054 of the Public Records of Collier County, Florida be dismissed as to
Parcel No, 207FEE,
5, Within twenty (20) days from the date of this order, Petitioner shall deposit into the
Court Registry the aggregate sum of Two Hundred and Five Thousand One Hundred and
No/100 Dollars ($ 205,100.00) for the benefit of Armando Llizo, Upon payment of deposit into
the Registry of this Court, the right, title and interest described in Exhibit "A" attached hereto and
made part of hereof by reference shall vest in Petitioner.
6, Upon deposit, as set forth above, and without further notice of this Court, the
I
Petitioner shall be entitled to possession of the property described herein,
7, Immediately after the deposit is made the Clerk shall disburse the total sum of Two
Hundred Ninety Six Thousand One Hundred and No/100 Dollars ($ 296,000(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 disbursement of compensation, attorney's fees and costs in
accordance with this order.
8, 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
, via wire transfer from the Clerk of
Courts to the Board of County Commissioners, Account #
Agenda Item No, 16B7
January 15, 2008
Page 7 of 12
9, This Stipulated Final Judgment resolves all issues and clailnS arising out of or
relating in any way to the acquisition of Parcel 207FEE and shall be recorded in the Official
Records of Collier County, Florida.
DONE AND ORDERED in Naples, Florida, this _ day of
,2007,
conformed copies to:
Ellen T, Chadwell, Esquire
Bella y, Patel, Esquire
E, Glenn Tucker, Esq.
Kevin Hendricks, Acquisition MgrIrransp,
Accounting
CYNTIflA A. ElLIS
CIRCUIT COURT JUDGE
JOINT ManON FOR STIPULATED FINAL JUDGMENT
The Parties hereby stipulate and respectfully request this Court to enter the foregoing
Stipulared Final Judgment as to Parcel 207FEE,
D :__-*(~(
B LA y, PATEL, ESQ,
Florida Bar No, 896489
LA W OFFICE or BELLA y, PATEL, PA
13026 Waterforo Run Drive
Riverview, FL 33569
(813) 643-2762 - Telephone
(813) 643.2612 -Facsimile
ATTOR.."lEY FOR RESPONDENT,
ARMANDO LLlZO
Date:
ELLEN T. CHADWEL ,0;
Florida Bar No, 983860
OFFICE OF THE COUNTY ATTORNEY
Hannon Turner Building, 81b Floor
3301 East Tamiami Trail
Naples, Florida 341 12
(239) 774-8400. Telephone
(239) 252-6300 - Facsimile
ATTORNEY FOR PETITlONER
Agenda Item No, 1687
January 15, 2008
Page 8 of 12
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Joint Motion on
Stipulated Final Judgment has been furnished by U,S, Mail to all parties listed below on this_
day of
,2008,
ELLEN T. CHADWELL, ESQUIRE
PARCEL 207FEE
Armando LIizo
c/o Bella y, Patel, Esq,
Law Office of Bella Y. Patel. P ,A.
13026 Waterford Run Drive
Riverview, FL 33569
Collier County Tax Collector
c/o E, Glenn Tucker, Esq,
Rhodes Tucker & Garrettson
P,O, Box 887
Marco Island, FL 34146
Agenda Item No, ',687
January 15, 2008
Page 9 of 12
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,
Case No, 07-2824-CA
v,
PABLO M, SARDINAS, et aI.,
Parcels: 208FEE
Respondents,
;
/
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent,
AMARALTO CONCRETE PUMP, INC" for entry of a Stipulated Final Judgment as to Parcel
208FEE, 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, AMARAL TO CONCRETE PUMP, INC, and the Court being otherwise fully advised
in the premises, it is thereupon ORDERED AND ADJUDGED that:
I, Respondent, AMARAL TO CONCRETE PUMP, INe., shall recover from
Petitioner, COLLIER COUNTY, the sum of Two Hundred Eighty Thousand Six Hundred and
No/IOO Dollars ($280,600,00) for ParceI208FEE, as full payment for the property interests 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 including all attorney's fees and defense costs, No
other costs and attorney's fees, including supplemental attorney's fees, shall be awarded in this
cause,
Agenda Item No, 1687
January 15, 2008
Page 10 of 12
2, Petitioner will be entitled to a credit in the amount of $ 86,000 from the good faith
deposit disbursed in accordance with the Order of Taking,
3, Title to Parcel208FEE in fee simple, 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,
4, 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 be dismissed as to
Parcel No, 208FEE.
5, Within twenty (20) days from the date of this order, Petitioner shall deposit into the
Court Registry the aggregate sum of One Hundred Ninety Four Thousand Six Hundred and
No/lOO Dollars ($194,600,00) in full compensation for the benefit of Amaralto Concrete Pump,
Inc, Upon payment of deposit into the Registry of this Court, the right, title and interest described
in Exhibit "A" attached hereto and made part of hereof by reference shall vest in Petitioner.
6, Upon deposit, as set forth above, and without further notice of this Court, the
Petitioner shall be entitled to possession of the property described herein,
7, Immediately after the deposit is made the Clerk shall disburse the total sum of Two
Hundred Eighty Thousand Six Hundred and No/lOO Dollars ($280,600.00) 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, attorney's fees and costs in accordance
with this order,
8, Pursuant to Section 74,05 1 (3), F.S., the Clerk of Courts shall disburse the interest
earned on the funds on deposit in the amount of
, via wire transfer from the Clerk of
Courts to the Board of County Commissioners, Account #__
Agenda Item No, 16B7
January 15, 2008
Page 11 of 12
9, This Stipulated Final Judgment resolves all issues and claims arising out of or in any
way refated to the acquisition ofParcel208FEE and shall be recorded in the Official Records of
Collier County, Florida,
DONE AND ORDERED in Naples, Florida, this _ day of
confonned copies to:
Ellen T. Chadwell, Esquire
Bella y, Patel, Esquire
E, Glenn Tucker, Esq,
Kevin Hendricks, Acquisition Mgr,{fransp,
Accounting
.2007.
CYNTHIA A. ELLIS
CIRCUIT COURT JUDGE
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
The Parties hereby stipulate and respectfully request this Court to enter the forego,ing
Stipulated Final Judgment as to Parcel 208FEE.
BELLA y, PATEL, ESQ,
Florida Bar No, 896489
LAW OFFICE OF BELLA Y. PATEL, PA
13026 Waterford R un Drive
Riverview, FL 33569
(813) 643-2762 - Telephone
(813) 643-2612 - Facsimile
A TIORNEY FOR RESPONDENTS.
AMARALTO CONCRETE PUMP, lNC,
Date:
EllEN T, CHADWE~
Florida Bar No. 98386
OFFICE OF THE COUNTY ATTORNEY
Hannon Turner Building, 8"' Floor
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 252-6300 - Facsimile
ATTORNEY FOR PETITIONER
Agenda Item No. 16B7
January 15, 2008
Page 12 of 12
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Joint Motion on
Stipulated Final Judgment has been furnished by U.S, Mail to all parties listed below on this_
day of
,2008,
ELLEN T, CHADWELL, ESQUIRE
PARCEL 208FEE
Amaralto Concrete Pump, Inc,
c/o Bella y, Patel, Esq,
Law Office of Bella y, Patel. P,A.
13026 Waterford Run Drive
Riverview, FL 33569
Owner
Collier County Tax Collector
c/o E. Glenn Tucker, Esq,
Rhodes, Tucker & Garrettson
P,O, Box 887
Marco Island, FL 34146
Past due taxes