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Agenda 03/09/2010 Item #16K 1 Agenda Item No. 16K1 March 9, 2010 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment in the amount of $48,700 for Parcel209FEE in the lawsuit styled Collier County v. Pablo M. Sardinas, et aL, Case No. 07- 2824-CA (Oil Well Road Project 60044) (Fiscal Impact $8,000). OBJECTIVE: That the Board of County Commissioners approve the attached Stipulated Final Judgment for payment of full compensation for the taking ofParcel209FEE in the lawsuit styled Collier County v. Pablo M. Sardinas, et al., Case No. 07-2824-CA (Oil Well Road Project 60044) . CONSIDERATIONS: Collier County has condemned a .758 acre parcel for road rightoof-way (ParceI209FEE) from the property owner, Jorge T. Torres. The County's initial appraisal dated February 9, 2007, valued the taking at $56,900. The County offered the owner $75,800, which includes the value of the take plus a settlement incentive, as the County's statutory offer on June 27,2007. The offer was not accepted. A second appraisal dated November 2, 2007, reflects a reduction in value of Parcel 209FEE to $26,500. An Order of Taking hearing was held on January 4, 2008, and the County deposited the sum of $26,500 in the Court Registry. The owner's appraisal valued the parcel at $80,000 per acre or $60,000 and found severance damages of$55,000, for a total compensation of$115,000. ,~ On July 28, 2008, under agenda item l6KlO, the Board of County Commissioners authorized the making of an Offer of Judgment in the amount of $48,700. The owner has accepted the County's offer. The remaining issue is expert fees and costs. Owner and County have agreed to the sum of$8,000 for owner's appraisal fees and costs. Appraisal fees and costs: TOTAL: $8,000 $8,000 FISCAL IMPACT: Funds in the amount of $8,000 are available from gas taxes and impact fees. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the Stipulated Final Judgment as to Parcel 209FEE and authorize payment of the funds as stated. PREPARED BY: Robert N. Zachary, Assistant County Attorney - CP: 07-2824-CA;308 ...,_._-,._"._,...~".'-,-- -,'..- -, " ,'''... --~ ,.. "'" ,'.,--- ,,,,. '.,'-- - ,_...."~,,---',-~...-.- ...... .. , J. "'"0...... J. VJ. J. Agenda Item No. 16K1 March 9, 2010 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16K1 Recommendation to approve a Stipulated Final Judgment in the amount of $48,700 for Parcel209FEE in the lawsuit styied Collier County v, Pablo M, Sardinas, et aI., Case No. 07- 2824-CA (Oil Well Road Project 60044) (Fiscal Impact $8,000). 3/9/2010 9:00:00 AM Meeting Date: Prepared By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney 2/23/201012:24:19 PM Approved By Najeh Ahmad Director M Transportation Engineering Date Transportation Division Transportation Engineering & Construction Management 2/23/20102:19 PM Approved By Heidi F. Ashton Section Chief/Land Use-Transportation Date County Attorney County Attorney 2/23/2010 2:47 PM - Approved By Norm E. Feder, AICP Administrator - Transportation Date Transportation Division Transportation Administration 2/23/20103:56 PM Approved By Lisa Taylor ManagemenUBudget Analyst Date Transportation Division Transportation Administration 2/24/2010 8:08 AM Approved By Robert N, Zachary Assistant County Attorney Date County Attorney County Attorney 2/24/2010 3:28 PM Approved By Kevin Hendricks Manager - Ri9ht of Way Date Transportation Division Transportation Engineering & Construction Management 2/24/20104:38 PM Approved By Jeff Klatzkow County Attorney Date 2/26/20101:36 PM ,~oo_ Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 2/27/20107:12 PM ,-. "'-'" ........ ,,-.-, ,~_"..., .,.. .....,,~,,'~ _ '-'~~7~~"'_""'" ......__~~ ,,~ _~7 .-.~~~~~~~ . - ,- ,-,,~ " ,,---- ---,.'---, ,,- -..,-..... Agenda Item No. 16K1 March 9, 2010 Page 3 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, Case No. 07-2824-CA v. PABLO M. SARDINAS, et aI., Parcel: 209FEE 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, JORGE T. TORRES, by and through his undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 209FEE 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, JORGE T. TORRES, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, JORGE T. TORRES, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Forty-Eight Thousand Seven Hundred and No/lOO Dollars ($48,700.00) for Parcel 209FEE, 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 damages in connection with said parcel; it is further Agenda Item No. 16K1 March 9, 2010 Page 4 of 8 ORDERED AND ADruDGED that Petitioner, COLLIER COUNTY, FLORIDA, is ..- entitled to a credit for the good faith estimate of value previously deposited in the amount of $26,500.00; it is further ORDERED AND ADJUGED that without further order of the Court, that within thirty (30) days hereof, the Clerk shall Disburse the funds on deposit to Respondent, JORGE T. TORRES, a total of Twenty-Six Thousand Five Hundred and No/lOO Dollars ($26,500.00), c/o the Biersdorf and Associates Trust Account, 33 S. 6th St. Ste. 4100, Minneapolis, MN 55402; it is further ORDERED AND ANDruDGED Respondent is entitled to compensation for expert appraisal fees in the amount of Eight Thousand and No/100 Dollars ($8,000.00); it is further ORDERED AND ADruDGED that within thirty (30) days hereof, Petitioner shall pay to Respondent the total sum of Thirty Thousand Two Hundred and No/100 Dollars ($30,200.00), payable to the Biersdorf and Associates Trust Account, 33 S. 6th St. Ste. 4100, Minneapolis, MN '~.. 55402, for proper disbursement in accordance with this order; it is further ORDERED AND ADJUDGED that fee simple title to Parcel 209FEE, 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; it is further ORDERED AND ADruDGED that 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 ParceI209FEE; it is further ORDERED AND ADruDGED 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 $655.63, plus any additional accrued interest for parcel 209FEE, to the Board of County Commissioners, account .,,~ number 339-163659-60044; it is further 2 .--..'.. '--_.~" , ---------....'.-,' ~ ",---~-"'''--- -~__'e Agenda Item No, 16K1 March 9, 2010 Page 5 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 209FEE 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 ,2010. HONORABLE CYNTHIA A. PIV ACEK CIRCUIT COURT JUDGE conformed copies to: Robert N. Zachary, Esquire Dan Biersdorf, Esquire Jennifer Dixon Abbott, Esquire Kevin Hendricks, Acquisition MgrfTransp. Clerk's office, Bookkeeping Department 3 Agenda Item No. 16K1 March 9, 2010 Page 6 of 8 JOINT MOTION FOR STIPULATED FINAL JUDGMENT ,~ ~ Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, JORGE T. TORRES, hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcel 209FEE. Dated: 2 - /'--- /0 Dated: <- .....--- DAN BIERSDORF, ESQUIRE Florida Bar No. 19053 Biersdorf & Associates, P A 33 South 6th Street, Suite 4100 Minneapolis, MN 55402 (612) 339-7212 - Telephone (612) 339-0585 - Facsimile ATIORNEY FOR RESPONDENT, JORGE T. TORRES f(I1/ ROBERTN. ZACHARY Florida BarNo. 816604 ASSISTANT COUNlY A TIORNEY Hannon Turner Building, 8th Floor 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 - Telephone (239) 252-6300 - Facsimile A TIORNEY FOR PETITIONER, COLLIER COUNlY, FLORIDA CP:07-2824-CA;295 .u' 4 - . ., ~~ _.~,"~--~._. . "'-"-, ,-" .. -",,-,.~---","' -.--'--- --..-..,.....'. Agenda Item No. 16K1 March 9, 2010 Page 7 of 8 CERTIFICATE OF SERVICE , I HEREBY CERTIFY that a true and correct copy of the foregoing was forwarded by U.S. mail to the parties listed below on this the day of ,2010. ROBERT N. ZACHARY ASSISTANT COUNTY ATTORNEY Jorge T. Torres c/o Dan Biersdorf, Esquire Biersdorf & Associates, P A 33 South Sixth Street, Suite 4100 Minneapolis, MN 55402 Collier County Tax Collector c/o Jennifer Dixon Abbott, Esq. Rhodes, Tucker & Garrettson P,O. Box 887 Marco Island, FL 34146 5 Agenda Item No. 16K1 March 9, 2010 Page 8 of 8 . .' PROJECT NO. 60044 PROJECT PARCEL NO. 209 FEE FEE SIMPLE INTEREST EXHIBIT Ii - . . .. - L~I...~~yB1fIlON & SlSliTC!,\ (NOT A SURVEY) THE SOllTH 100 FEET OF TRACT 23, GOLDEN GATE ESTATES UNIT NO. 65-A, AS RECORDED IN PLAT BOOK 9, PAGE 48 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.758 ACRES, MORE OR LESS. . .. , TRACT 23 fEE 81MF'LE .._......:..'~_.._..l.. I"IQlo .MXmCIII4.M:IIf~'f'I.rm) "....,. . , N o R T H .,. . NOT TO SCAL! . . -. ". .. ----' __,.____, ,_' .'''''.",'_ ,...c~....'.... -"~--"'- ",.~. _...~--'--