Agenda 01/13/2009 Item #16K 2Agenda !tern No. 16K2
January 13, 2009
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to ratify the approved Stipulated Final Judgment in the amount of
$33,500.00 for Parcel 151RDUE in the lawsuit styled Collier County v. Luz Matlin, et al., Case
No. 07- 2850 -CA (Oil Well Road Project No. 60044). (Fiscal Impact $14,400.00)
OBJECTIVE: That the Board of County Commissioners ratify a Stipulated Final Judgment
approved by Judge Ellis for payment of full compensation, for the taking of Parcel 151 RDUE in the
lawsuit styled Collier Countv v. Luz Mullin, et. al., Case No. 07- 2850 -CA (Oil Well Road Project
No. 60044).
CONSIDERATIONS: Collier County has condemned a .052 acre parcel for a perpetual non-
exclusive road right -of -way, drainage and utilities easement (Parcel 151 RDUE) from homeowners
Marcelo Mercado and Lillian Guadalupe. The County's initial appraisal dated April 11, 2007,
valued the taking at $21,600.00. The County offered the owner $25,150.00 as the County's
statutory offer on June 2, 2007 based on the initial appraisal of $21,600.00 plus a settlement
incentive of $3,550.00. An updated appraisal, dated December 4, 2007, shows a declining market
value of $19,100.00 for the taking. An Order of Taking hearing was held on January 4, 2008, and
the County deposited the sum of S 19,100.00 in the Court Registry. The owners' original counter
offer was $44,030.00, plus attorney's fees and expert fees and costs.
Staff recommends settlement in the amount of 533,500.00, inclusive of attorney's fees, expert fees
and costs. The settlement amount reflects the value of the land along with improvements taken
(driveway, landscaping, fill, clearing and grading), and severance damages for a reduction in the
setback of the residence to less than 100 feet from the new right -of -way, as well as negotiated
attorney's fees, expert fees and costs. See attached Stipulated Final Judgment signed by Judge Ellis
on December 1, 2008.
If approved, the County will be responsible for the following costs:
Additional settlement amount, including
Attorney's fees, expert fees and costs: $14.400.00
TOTAL: $14,400.00
FISCAL IMPACT: Funds in the amount of S14,400.00 will come from the Gas Taxes and Impact
Fees. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, is not quasi -
judicial and as such, ex -parte disclosure is not required. This item requires only a majority vote. RNZ
RECOMMENDATION: That the Board of County Commissioners approve for ratification the
Stipulated Final Judgment as to Parcel 151 RDUE and payment of the funds as stated.
PREPARED BY: Robert N. Zachary, Assistant County Attorney
CP:07- 2850;283
Page 1 of 1
Agenda Item No. 16K2
January 13, 20019
Page 2 of 7
file: / /C:',AgendaTesf \Exhort \121- Januai- Nr%2013. %303009\ 16. %2000NSENT %20AGENDA \... 1/7/2009
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16K2
Item Summary:
Recommendation to ratify the approved Stipulated Final Judgment in the amount of
$33,500.00 for Parcel 151 RDUE in the lawsuit styled Collier County v. Luz Matlin, et al.,
Case No 07- 2850 -CA (Oil Well Road Project No 60044). (Fiscal Impact $14,400 -00)
Meeting Date:
1113/2009 9:00 00 AM
Prepared By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
1 211 2/200 8 4:47:25 PM
Approved By
Gary Putaansuu
Principal Project Manager
Date
Transportation Services
Transportation Engineering and
12;1512008 12:38 PM
Construction
Approved By
Brian Hancock
Operations Support Manager
Date
Transportation Division
Transportation Administration
12115/2008 1:06 PM
Approved By
Lisa Taylor
ManagementiBudget Analyst
Date
Transportation Services
Transportation Administration
12115,12008 2:47 PM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
1 211 512008 4:36 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
i 2116!2008 1:26 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM -ROW
12/16/2008 5:20 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
12/2212008 8:19 AM
Approved By
Susan Usher
Senior Management /Budget Analyst
Date
County Manager's Office
Office of Management & Budget
12/2312008 9:58 AM
,Approved fly
James V. Mudd
County Manager
Date
Board of County
-- ComoeisS�ners
County Manager's Office
12123!2708 1:47 PM
file: / /C:',AgendaTesf \Exhort \121- Januai- Nr%2013. %303009\ 16. %2000NSENT %20AGENDA \... 1/7/2009
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?g�nda Item hio. 13K2
January 13, 2009
Pans 3 of 7
N 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,
V.
LUZ MATLIN, et al.,
Petitioner,
Respondents.
Case No. 07- 2850 -CA
Parcel: 151 RDUE
STIPULATED FINAL JUDGMENT
COP
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THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents,
MARCELO MERCADO and LILLIAN GUADALUPE, by and through their undersigned counsel,
for entry of a Stipulated Final Judgment as to Parcel 151RDUE, 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 Respondents. MARCELO MERCADO and LILLIAN
GUADALUPE, and the Court being otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondents, MARCELO MERCADO and LILLIAN
GUADALUPE, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum
of Thirty -Three Thousand Five Hundred and No /100 Dollars ($33,500.00) for Parcel 151RDUE 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, including
attorneys fees and expert fees and costs; it is further
M
Agenda !tem t1o. 16K2
January 13. 2009
Page 4 of 7
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
Nineteen Thousand One Hundred and No /100 Dollars ($19,100.00); it is further
ORDERED AND ADJUDGED that this Court recognizes a mortgage recorded at Official
Records Book 3755, Page 2600 of the Official Records of Collier County, held by CREATIVE
HOMES OF SOUTHWEST, FLORIDA, INC., in the current amount of Four Thousand Six
Hundred Fifty and No /100 Dollars ($4,650.00); it is further
ORDERED AND ADJUGED that without further order of the Court, that within thirty (30)
days hereof, the Clerk shall pay to Respondents, MARCELO MERCADO and LILLIAN
GUADALUPE, the total sum of Fourteen Thousand Four Hundred Fifty and No /100 Dollars
($14,450.00), to the Bella Y. Patel, P.A. Trust Account, c/o Bella Y. Patel, Esq., 13026 Waterford
Run Drive, Riverview, FL, 33569, for the benefit of MARCELO MERCADO and LILLIAN
GUADALUPE; it is further
ORDERED AND ADJUDGED that within thirty (30) days hereof, the Clerk shall pay the
amount of Four Thousand Six Hundred Fifty and No /100 Dollars ($4,650.00) to CREATWE
HOMES OF SOUTHWEST FLORIDA, INC., 17549 Allentown Road, Fort Myers, Florida 33967;
be it further
ORDERED AND ADJUDGED that Petitioner. COLLIER COUNTY, FLORIDA, shall pay
an additional Fourteen Thousand Four Hundred and No/ 100 Dollars ($14,400.00) to Respondents,
MARCELO MERCADO and LILLIAN GUADALUPE, inclusive of attorneys fees, expert fees and
costs, and no further attorneys fees, expert fees and costs shall be awarded; it is further
ORDERED AND ADJUDGED that Petitioner shall pay, within thirty (30) days hereof, the
above - mentioned sum of Fourteen Thousand Four Hundred and No /100 Dollars ($14,400.00), to
2
^.aen8a It "m !do. !CK2
.!:�nuaryry 13. 2409
Page 5 of 7
the Bella Y. Patel, P.A. Trust Account, c/o Bella Y. Patel, Esq., 13026 Waterford Run Drive,
Riverview, FL, 33569, for proper disbursement in accordance with this order; it is further
ORDERED AND ADJUDGED that fee simple title to Parcel 151RDUE, a perpetual non-
exclusive road right -of -way, drainage and utilities easement, 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 ADJUDGED that the Notice of Lis Pendens filed in the above - styled
cause and recorded in Official Record Book 4273, Page 1769 of the Public Records of Collier
County, Florida be dismissed as to Parcel 151RDUE; it is further
ORDERED AND ADJUDGED that 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 $383.86 made
payable to the Board of County Commissioners, c/o the Office of the County Attorney, 3301
Tamiami Trail, Naples, East, Florida 34112; it is further
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 151RDUE 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
2008.
conformed copies to:
Robert N. Zachary, Esquire
Bella Y. Patel, Esquire
Creative Homes of SW, FL, Inc.
Kevin Hendricks, Acquisition Mgr./Transp.
Accuuntirig
3
HONORABLE CYNTHIA A. ELLIS
CIRCUIT COURT JUDGE
Z-1
of this
Gi.. O 1 2088
bi - '_:y ;iil,ia A, Ellis
&:r:ul; COLO Judge
Agenda Item No. 16K2
January 13, 2009
Page 6 of 7
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, MARCELO
MERCADO and LILLIAN GUADALUPE, hereby respectfully move for entry of the foregoing
Stipulated Final Judgment as to Parcel 151RDUE.
Dated: )) 6 d�
w'
III " 1
Florida Bar No. 896489
LAW OFFICE OF BELLA Y. PATEL, P.A.
13026 Waterford Run Drive
Riverview, FL 33569
(813) 643 -2762 — Telephone
(8 13) 643 -2612 — Facsimile
ATTORNEY FOR RESPONDENTS,
MARCELO MERCADO AND
LILLIAN GUADALUPE
Dated:
�N
ROBERT N. ZAC RY
Florida Bar No. 816604
ASSISTANT COUNTY ATTORNEY
Harmon Turner Building, 8`h Floor
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774 -8400 - Telephone
(2.39) 252 -6300 - Facsimile
ATTORNEY FOR PETITIONER
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the
parties listed on the service list below by U.S. mail, on this _2-9'_ day of /feu [ixb tr 008.
SERVICE LIST
Marcelo Mercado / Lillian Guadalupe
c/o Bella Y. Patel Esquire
LAW OFFICE OF 13ELLA Y. PATEL, P.A.
13026 Waterford Run Drive
Riverview, FL 33569
CP:07- 2850;282
ROBERT N. ZA RY
ASSISTANT COUNTY ATTORNEY
Creative Homes of Southwest Florida, Inc.
c/o Mari M. Valle, Registered Agent
17549 Allentown Road
Fort Myers, FL 33967
m
^genrz Item No. 181 <2
January 11 2009
Page 7 of 7
PROJECT l�O. 600
PROJECT GEL NO. 151R18
DUE
PERPETUA NON - EXCLUSIVE ROAD RIGHT -OF-WAY, DRAINAGE AND UTILITY EASEMENT
LEGAL DESCRIPTION & SKETCH ,/
(NOTA SURVEY) EXHIBIT-14
THEIWEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET
OF THE SOUTH 180 FEET OF TRACT 127, GOLDEN GATE ESTATES
UNIT N0. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE
PUB IC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING
0.05 ACRES, MORE OR LESS.
.. ^; a OL oamnawv.uxrua r_0tkr,2..
PERPETUAL. NON-E(OLUSNE
ROAD RIGHT -OF.WAY, OFWNACE
ANOLmLJTYEASEMENT
THE NORTH 75 FEET OF THE
SOUTH 160 FEET OF TRACT 127
NOT 70 SCALE
Ii
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