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Agenda 02/23/2010 Item #16K 2 Agenda Item No. 16K2 February 23, 2010 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to authorize a Stipulated Final Judgment in the amount of $6,000 for Parcel 161RDUE in the lawsuit styled Collier County v. Patricia K. Carlyle, et aL, Case No. 07-2829- CA (Oil Well Road Project 60044) (Fiscal Impact $4,200). OBJECTIVE: That the Board of County Commissioners authorize the attached Stipulated Final Judgment for payment of full compensation, for the taking of Parcel 161 RDUE in the lawsuit styled Collier County v. Patricia K Carlyle, et. al., Case No. 07-2829-CA (Oil Well Road Project 60044). CONSIDERATIONS: Collier County has condemned a .052 acre parcel for perpetual, non- exclusive road right-of-way, drainage and utility easement (Parcel 161RDUE) from the property owner, Janet R. Messineo. The County's initial appraisal dated June 28, 2007, valued the taking at $3,900. The County offered the owner $5,150 as the County's statutory offer on July 2, 2007. The offer was not accepted. A second appraisal dated November 2, 2007, reflects a reduction in value ofParcel161RDUE to $1,800. An Order of Taking hearing was held on January 4, 2008, and the County deposited the sum of$I,800 in the Court Registry. The owner's appraiser valued the taking at $4,200. Mediation was scheduled for January 26, 2010, but was cancelled. A settlement agreement inclusive of compensation, as well as attorney's fee, expert fees and costs, was reached prior to mediation. Staff recommends settlement in the amount of $6,000, inclusive of attorney's fees, expert fees and costs. The benefit ofthe settlement is to avoid additional costs associated with discovery, mediation and possible trial. If approved, the County will be responsible for the following costs: Additional Amount Owed: TOTAL $4.200 $4,200 FISCAL IMPACT: Funds in the amount of $4,200 are available in Gas Taxes and/or Impact Fees. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ RECOMMENDATION: That the Board of County Commissioners authorize the Stipulated Final Judgment as to Parcel161RDUE and authorize payment of the funds as stated. PREPARED BY: Robert N. Zachary, Assistant County Attorney CP:07-2829;277 Agenda Item No. 16K2 February 23, 2010 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16K2 Recommendation to authorize a Stipulated Final Judgment in the amount of $6,000 for Parcel 161 ROUE in the lawsuit styled Collier County v. Patricia K. Carlyle, et aI., Case No. 07 -2829-CA (Oil Well Road Project 60044) (Fiscal Impact $4,200). 2/2312010 9:00:00 AM Meeting Dale: Prepared By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney 2/10/20102:27:10 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney 2110/20102:55 PM Approved By Kevin Hendricks Manager - Right of Way Transportation Engineering & Construction Management Date Transportation Division 2/10/20103:48 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Division Transportation Administration 2/10/20104:14 PM Approved By Therese Stanley Manager - Operations Support - Trans Date Transportation Division Transportation Administration 2/10/20104:39 PM Approved By Norm E. Feder. AICP Administrator - Transportation Date Transportation Division Transportation Administration 2/10/2010 4: 54 PM Approved By Heidi F. Ashton Section Chief/Land Use.. Transportation Date County Attorney County Attorney 2/11/20103:29 PM Approved By Najeh Ahmad Director - Transportation Engineering Transportation Engineering & Construction Management Date Transportation Division 2/11/20103:39 PM Approved By Jeff Klatzkow County Attorney Date 2/12/20108:40 AM Agenda Item No. 16K2 February 23, 2010 Page 3 of 8 Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 2/16/2010 11:04AM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 2/16120103:06 PM Agenda Item No. 16K2 February 23, 2010 Page 4 of 8 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. 07-2829-CA PATRICIA K. CARLYLE, et aI., Parcel No. l6lRDUE Respondents. I 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, JANET R. MESSINEO, by and through her undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel l6lRDUE for Project No. 60044, 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, JANET R. MESSINEO, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, JANET R. MESSINEO. have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Six Thousand and NollOO Dollars ($6,000.00) for Parcel l6lRDUE, 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 ~ attorney's fees and costs and expert fees and costs in connection with said parcel, and no further attorney's fees, experts fees or costs shall be incurred in this case; it is further Agenda Item No. 16K2 February 23,2010 Page 5 of 8 ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY. FLORIDA, is entitled to a credit for the good faith estimate of value previously deposited in the amount of $1,800.00; it is further ORDERED that without further order of the Court, that within thirty (30) days hereof, the Clerk shall disburse the amount of One Thousand Eight Hundred and No/I00 Dollars ($1,800.00), payable to the Trust Account of James Karl & Associates, P.A., c/o James L. Karl, IT, Esquire, 678 Bald Eagle Drive, Marco Island, Florida, 34145; it is further ORDERED that without further order of the Court, that within thirty (30) days hereof, Petitioner, COLLIER COUNTY, shall pay to Respondent, JANET R. MESSINEO, the total sum of Four Thousand Two Hundred and No/IOO Dollars ($4,200.00), payable to the Trust Account of James Karl & Associates, P.A., c/o James L. Karl, IT, Esquire, 678 Bald Eagle Drive, Marco Island, Florida, 34145; it is further ORDERED AND ADJUDGED that title to Parcel 161RDUE, being a perpetual non- exclusive road right of way, drainage and utility easement, as fully described in Exhibit "A" attached hereto and incorporated herein, is 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; it is further ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 4272, Page 3641 of the Public Records of Collier County, Florida be dismissed as to ParceI16IRDUE; it is further ORDERED AND ADJUDGED that pursuant to Section 74.051(4), F.S., the Clerk of Courts shall disburse the interest earned on the funds on deposit in the amount of $44.28, plus any additional accrued interest for parcel 161RDUE, to the Board of County Commissioners, account number 339-163659-60044; it is further 2 Agenda Item No. 16K2 February 23, 2010 Page 6 of 8 ORDERED AND ADJUDGED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is further ORDERED AND ADJUDGED that this Order disposes of all claims arising out of the taking of Parcel 161 ROUE and that have or could have been asserted in this cause; it is further DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of February. 2010. HONORABLE CYNTHIA A. PIV ACEK CIRCUIT COURT JUDGE conformed copies to: Robert N. Zachary, Esquire James L. Karl, II, Esquire Kevin Hendricks, Acquisition Mgr.rrransp. Accounting 3 Agenda Item No. 16K2 February 23,2010 Page 7 of 8 JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner, COLLIER COUNTY. together with Respondent, JANET R. MESSINEO, hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcel 161RDUE. D"" fl" L JAMES L. KARL. II, ESQUIRE Florida Bar No. 709451 James Karl & Associates. PA 678 Bald Eagle Drive Marco Island, Florida 34145 (239) 642-9988 - Telephone (239) 642-9995 - Facsimile A TIORNEY FOR RESPONDENT, JANET R. MESSINEO Dated: ~~/ ROBERTN, CHARY Florida Bar No. 816604 ASSISTANT COUNTY A TIORNEY Harmon Turner Building, 8th Floor 330 I East Tamiami Trail Naples, Florida 34112 (239) 252-8400 - Telephone (239) 252-6300 - Facsimile A TIORNEY FOR PETITIONER, COLLIER COUNTY CP: 07-2829;276 4 Agenda Item No. 16K2 February 23. 2010 Page 8. of 8 -- _. ---- ..~ I I \ I . \ PROJECT O. 60044 PROJECT AReEL NO. 181RDUE PERPETU L. NON.EXCLUSlVE ROAD RIGHT.OF-WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) EXHIBIT If ~ 71'01 iCb TH WEST 30 f'EET OF THE EAST 80 FEET OF THE NORTH 75 FEET OF CT 123 GOLDEN GATE ESTATES UNIT NO. 69, AS RE RDED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS OF OLLIER COUNTY, FLORIDA . CONTAINING 0.052 ACRES, MORE OR LESS. -..-..- ._n_h_.._. ,_"_u_.._ "_U_"_n_.._u -"-"_"__'_"_"_"_"_n__._.. _"_n_"_',_" EASTfIRtIlf!RTYLINE' ~ """""""" EXll1IIG100FlXlrWllE""""-'lI!IlIlCWVNlDJIJGlfl.tf.WAY pIOfEE1) - '-"-"-"- -"-"-"_"_"_n_,,_u_"_"_"_U_"_"_n_u_ '_U_"_"_"_"_',_"_,, .._':"!'!:!!.II(D.'l!!'!'!"L~~Y.l!!!~.. ~ NOH --'ISIII! ROAD RlGIiToOF~y' D1WNrGl! AND UTlIJ1Y eASBalNr . IICR1I1 .... 8OUT1iPRt:PEJlTYLII! THE NORTH 75 FEET OF TRACT 123 NORTH NOT TO SCALE