Agenda 01/11/2011 Item #16K1
Agenda Item No. 16K1
January 11, 2011
Page 1 of 1 0
Executive SUmmary
Recommendation to Approve a Stipulated Final Judgment as to Parcels 156FEE and 156TCE
in the Lawsuit Styled Collier County v. Katheryn Moreno, et aL, Case No. 10-2741-CA (Collier
Boulevard Project No. 68056). (Fiscal Impact: $38,570.)
OBJECTIVE: That the Board of County COlmnissioners approve a Stipulated Final Judgment for
payment of full compensation, inclusive of attorney fees and expert fees and costs for the taking of
Parcels 156FEE and 156TCE in the lawsuit styled Collier County v. Katheryn Moreno, et ai., Case
No. 1O-2741-CA (Collier Boulevard Project No. 68056).
CONSIDERATIONS: On November 13, 2007, the Board of County Commissioners approved
Resolution No. 2007-326 authorizing the acquisition of land and easements necessary for the
expansion of Collier Boulevard from four lanes to six lanes between Green Boulevard and Golden
Gate Boulevard. After originally offering the owner $81,800 (which included monies for bridging a
treatment swale to construct driveways) the County acquired Parcels 156FEE and 156TCE by
depositing the sum of $48,400 (omitting monies to bridge a treatment swa1e) into the registry of the
court following the Order of Taking on October 19, 2010. Subsequent to the Order of Taking,
Respondent, Robert E. Williams, accepted the County's original offer plus $5,000 in fees and costs
in full and final settlement of the taking.
This settlement is conditioned upon the following: (1) that, in the event the owner is required by the
County to construct a right turn lane on Collier Boulevard as a condition precedent to the approval
of a building permit for any single family home(s) constructed on the remainder property, the
County shall reimburse Respondent for the actual cost of design and construction of said turn lane,
as supported by invoices from the Respondent's engineer and contractor; and (2) that the foregoing
provision shall not apply to any other uses of the remainder property including use of any portion of
the remainder property as a model home.
If the Stipulated Final Judgment is approved, the County is responsible for the following additional
costs:
.
Additional Deposit / Disbursement Amount
Attorney's Fees
Clerk's Filing Fee
TOTAL:
$ 38,400
included
170
$ 38,570
.
.
Attached is the proposed Stipulated Final Judgment providing for the above stated costs.
FISCAL IMPACT: Funds in the amount of$38,570 will come from gas taxes and/or impact fees.
GROWTH MANAGEMENT IMPACT: Consistent with Collier County Growth Management
Plan
Agenda Item No. 16K1
January 11, 2011
Page 2 of 10
RECOMMENDA TION: That the Board of County Commissioners approve the Stipulated Final
Judgment as to Parcels 156FEE and 156TCE; approve the deposit of additional monies into the
registry of the Clerk of the Circuit Court; and approve expenditure of the funds as stated.
PREP ARED BY: Steven T. Williams Assistant County Attorney
CP\1O-2741 \2357
Agenda Item No. 16K1
January 11, 2011
Page 3 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K1
Recommendation to Approve a Stipulated Final Judgment as to Parcels 156FEE and
156TCE in the Lawsuit Styled Collier County v. Katheryn Moreno, et aI., Case NO.1 0-2741-
CA (Collier Boulevard Project No. 68056). (Fiscal Impact: $38,570.)
1/11/2011 9:00:00 AM
Meeting Date:
Prepared By
Steven Williams
Assistant County Attorney
Date
County Attorney
County Attorney
12/16/20103:25:11 PM
Approved By
Steven Williams
Assistant County Attorney
Date
County Attorney
County Attorney
12/16/20103:34 PM
Approved By
Kevin Hendricks
Manager - Right of Way
Transportation Engineering &
Construction Management
Date
Transportation Division
12/17/201012:02 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Division
Transportation Administration
12/20/2010 10:15 AM
Approved By
Najeh Ahmad
Director - Transportation Engineering
Transportation Engineering &
Construction Management
Date
Transportation Division
12/20/2010 1 :06 PM
Approved By
Norm E. Feder, AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
12/22/2010 8:34 AM
Approved By
Jeff Klatzkow
County Attorney
Date
12/31/20104:01 PM
Approved By
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
1/4/201110:17 AM
Approved By
Susan Usher
Management/Budget Analyst, Senior
Date
Office of Management &
Office of Management & Budget
1/4/201112:39 PM
Agenda Item No. 16K1
January 11, 2011
Page 4 of 10
Budget
Approved By
Mark Isackson
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
1/4/2011 2:51 PM
Agenda Item No. 16K1
January 11, 2011
Page 5 of 10
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
. IN AND FOR COLLIER COUNTY, FLORIDA
CML ACTION
COLLIER COUNTY. FLORIDA, a
political subdivision of the State of
Florida,
Petitioner,
Case No.: lO-2741-CA
Parcel Nos.: lS6FEE. 156TCE
VS.
KATHERYN MORENO, et aI..
Respondents.
I
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner.
COLLIER COUNTY, FLORIDA. by and through the undersigned counsel, and Respondent,
ROBERT E. WILLIAMS, by and through his undersigned counsel for entry of a Stipulated Final
Judgment as to Parcels lS6FEE and 156TCE, 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.
COLLIER COUNTY, FLORIDA, is the full compensation due Respondent, ROBERT E.
WILLIAMS, and the COLIrt being otherwise fully advised in the premises thereof, it is thereupon,
ORDERED AND ADJUDGED that Respondent, ROBERT E. WILLIAMS, have and
recover from Petitioner, COLLIER COUNTY. FLORIDA, the sum of EJghty-Dne ThousaDd
Eight Hundred Dollars and No/tOO ($81,800.00) as fuU compensation for the property interests
acquired and for damages resulting to the remainder, if less than the entire property was taken,
business damages, and for all other damages in connection with said parcelsj it is further
Agenda Item No. 16K1
January 11, 2011
Page 6 of 10
ORDERED that Respondent. ROBERT E. WILLIAMS, receive from Petitioner. COLLIER
COUNTY, FLORIDA, as a reasonable attorney's fee the sum of Five Thousand Dollars and
No/tOo (55,000.00); it is further
ORDERED that Petitioner, COLLIER COUNTY. FLORIDA, is entitled to a credit in the
amount of Forty-Eight Thousand Four Hundred Dollars and No/IOO (548,400.00) which was
previously deposited into the registry of the Clerk of the Circuit Court toward the acquisition of
Parcels IS6FEE and IS6TCE at which time title to said parcels as described in Exhibit "A" vested
in the name of Petitioner; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORiDA. shall deposit an additional
Thirty-Eight Thousand Four Hundred Dollars and No/loo (S38,400.00) into the registry of the
Clerk of the Circuit Court, equaling the balance due to Respondent. ROBERT E. WILLIAMS.
inclusive of attorney fees. expert fees and costs. No other attorney fees or costs shall be awarded in
this case; it is further
ORDERED that within thirty (30) days of entry of the Stipulated Final Judgment, the Clerk
shall pay to the Collier County Tax Collector the sum of Forty-Ooe Dollanand 72/100 (S41.72)
for outstanding real estate taxes; it is further
ORDERED that within thirty (30) days of entry of the Stipulated Final Judgment. the Clerk
of COUlt shall disburse the total amount of Eighty-Six Thousand Seven Hundred Fifty-Eight
DoUars and 28/100 ($86,758.28) to the COLEMAN YOV ANOVICH & KOESTER TRUST
ACCOUNT. c/o Richard D. Yovanovich. Esquire, COLEMAN YOY ANOVICH & KOESTER,
P.A., 4001 Tamiami Trail North. Suite 300, Naples, Florida 34103; it is further
ORDERED that title to Parcel 156FEE, a Fee Simple Interest, and Parcel ] 56TCE, a
Temporary Construction Easement, being fully described in Exhibit "A" attached hereto and
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Agenda Item No. 16K1
Jdi IUdl Y ii, Lv I I
Page 7 of 10
incorporated herein, which vested in Petitioner. COLLIER COUNTY, FLORIDA, pursuant to the
Order of T akinS dated October 19, 20 I 0, and the deposit of money heretofolC made, is approved,
ratified. and confirmed; it is further
ORDERED that, in the event that Respondent is required by Petitioner to construct a right
turn Jane on Collier Boulevard as a condition precedent to the approval of a building pemit for any
single family home(s) to be constnlcted on the remainder property, Petitioner shaJI reimburse
Respondent for the actual cost of design and construction of said turn Jane, as supported by invoices
from Respondent's engineer and contractor; it is further
ORDERED that the foregoing provision shaH not apply to any other uses of the remainder
property including use of any POrtion of the remainder property as a model home; it is further
Judgment; it is further
ORDERED that this Court reserves jurisdiction to enforce the tenns of this Stipulated Final
County Commissioners of CoHier County, Florida; it is further
ORDERED that this Stipulated Final Judgment is subject to approval by the Board of
ORDERED that the Notice of Lis Pendens filed in this action and recorded in Official
Record Book 4559, Page 3262, et seq" of the Public Records of Collier County, Florida be
dismissed as to PW'ccis 156FEB and 156TCE; it is further
ORDERED that rhis Stipulated Final Judgment is to be recorded in the Official Records of
Collier County, Florida; it is therefore
DONE AND ORDERED in Chambers at Naples. CoIlier County, Florida this _ day of
.2011.
HuGH D. HAYES
CIRCUIT COURT JUDGE
30f4
Aqenda Item No. 16K1
January 'I '1, LV I I
Page 8 of 10
Confonned Conies:
Stl:ven T. Williams, Esquire
Richard D. Y ovanovich, Esquire
Jennifer Dixon-Abbott, Esquire
Kevin Hendricks, Transportation/ECM
Bookkeeping
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
The parties hereby stipulate and respectfully request this Court to enter the foregoing
Stipulated Final Judgment as to Parcels lS6FEE and l56TCE.
Dated: \ 2. \\ '- I z:o, \)
Dated: 1:2 if(/. It "
~~dZ
RICHARD D. YOV ANOVICH, ESQUIRE
Florida Bar No.: 782599
COLEMAN YOV ANOYlCH & KOESTER, P.A.
4001 Tamiami Trail North. Suite 300
Naples, Florida 34013
(239) 435-3535 - Telephone
(239) 435-1218 - Facsimile
A TIORNEY FOR RESPONDENT,
ROBERT E. WILLJAMS
/J=L7 . ~ tL
STEVEN T. WILLIAMS, ESQUIRE
Florida Bar No.: 740101
OFFICE OF THE COUNTY A TIORNEY
3299 East Tamiami Trail. Suite 800
Naples. Florida 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
ATTORNEY FOR PETmONER,
COLLIER COUNTY, FLORIDA
CP\)Q..2741\2365
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