Agenda 01/12/2021 Item #16K2 (Joint Motion for Stipulated Order of Taking)01/12/2021
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion for Stipulated Order of Taking and Final Judgment in
the amount of $364,978, for the acquisition of Parcel 00289600001FEE, including all statutory
attorney’s fees, expert fees, and costs, in the lawsuit styled Collier County, Florida v. Kirk N.
Sanders, et al., Case No. 20-CA-3450 (Resource Recovery Business Park, Project No. 59007).
OBJECTIVE: That the Board approves a Joint Motion for Stipulated Order of Taking and Final
Judgment for full and final compensation to be paid for the acquisition of Parcel 00289600001FEE in the
Lawsuit styled Collier County, Florida v. Kirk N. Sanders, et al., Case No. 20-CA-3450 (Resource
Recovery Business Park, Project #59007).
CONSIDERATIONS On May 26, 2020, the Board approved Condemnation Resolution No. 2020-87,
requiring the taking of Parcel 00289600001FEE in order to construct the Project. On October 30, 2020,
the County filed its Petition with the Court in the case styled Collier County v. Kirk N. Sanders, et al.,
Case No. 20-CA-3450. Parcel 00289600001FEE is a Fee Simple Interest parcel of 10 acres of vacant land
owned by Ramon Mercado Perez, Meicy Morales De Mercado, Elaine Quartin, and Evelyn Mercado, as
Trustees of The Ramon Mercado Perez and Meicy Morales De Mercado Revocable Trust. This parcel is
necessary for development of the County’s Project. A copy of the legal sketch is attached. An Order of
Taking Hearing has been scheduled for January 28, 2021. Through negotiations, the parties agreed to th e
County’s taking of the property and full compensation in the amount of $364,978.00, which includes the
property interest taken, statutory attorney fees, expert fees, and costs. Attached is a Joint Motion for
Stipulated Order of Taking and Final Judgment memorializing the terms of the settlement.
The County Attorney’s Office (CAO) and Staff recommend approval of this settlement since a better
result is not expected at trial. Upon approval, the CAO will file the attached Joint Motion with the Circuit
Court. A fee of $170 is required by the Clerk for the deposit of funds into the Court Registry.
FISCAL IMPACT: Funds in the amount of $365,148.00 are budgeted in Solid Waste Capital Fund
(474) Resource Recovery Business Park, Project #59007.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - CMG
RECOMMENDATION: That the Board of County Commissioners approve the Joint Motion for
Stipulated Order of Taking and Final Judgment, and the expenditure and disbursement of funds as stated.
PREPARED BY: Colleen M. Greene, Assistant County Attorney
ATTACHMENT(S)
1. Joint Motion (PDF)
2. Legal Sketch (PDF)
16.K.2
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01/12/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2
Doc ID: 14607
Item Summary: Recommendation to approve a Joint Motion for Stipulated Order of Taking and
Final Judgment in the amount of $364,978, for the acquisition of Parcel 00289600001FEE, including all
statutory attorney’s fees, expert fees, and costs, in the lawsuit styled Collier County, Florida v. Kirk N.
Sanders, et al., Case No. 20-CA-3450 (Resource Recovery Business Park, Project No. 59007).
Meeting Date: 01/12/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
12/29/2020 8:38 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
12/29/2020 8:38 AM
Approved By:
Review:
Solid and Hazardous Waste Kari Hodgson Additional Reviewer Completed 12/30/2020 10:31 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 12/30/2020 11:07 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/30/2020 11:59 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/31/2020 9:04 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 12/31/2020 9:44 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 12/31/2020 3:30 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/12/2021 9:00 AM
16.K.2
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16.K.2.a
Packet Pg. 1929 Attachment: Joint Motion (14607 : Recommendation to approve a Joint Motion in Collier County v. Kirk N. Sanders Case No. 20-CA-3450)
16.K.2.a
Packet Pg. 1930 Attachment: Joint Motion (14607 : Recommendation to approve a Joint Motion in Collier County v. Kirk N. Sanders Case No. 20-CA-3450)
16.K.2.a
Packet Pg. 1931 Attachment: Joint Motion (14607 : Recommendation to approve a Joint Motion in Collier County v. Kirk N. Sanders Case No. 20-CA-3450)
16.K.2.a
Packet Pg. 1932 Attachment: Joint Motion (14607 : Recommendation to approve a Joint Motion in Collier County v. Kirk N. Sanders Case No. 20-CA-3450)
16.K.2.a
Packet Pg. 1933 Attachment: Joint Motion (14607 : Recommendation to approve a Joint Motion in Collier County v. Kirk N. Sanders Case No. 20-CA-3450)
16.K.2.b
Packet Pg. 1934 Attachment: Legal Sketch (14607 : Recommendation to approve a Joint Motion in Collier County v. Kirk N. Sanders Case No. 20-CA-3450)