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Agenda 01/13/2009 Item #16K 3Agenda Item No. 16K3 January 13, 2009 Face 1 of 7 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment in the amount of $31,000.00 for Parcel 113FEE in the lawsuit styled Collier County v. Luz Matlin, et al., Case No. 07- 2850 -CA (Oil Well Road Project No. 60044). (Fiscal Impact $17,700.00) OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for payment of full compensation, for the taking of Parcel 113FEE in the lawsuit styled Collier County v. Luz Matlin, et. al., Case No. 07- 2850 -CA (Oil Well Road Project No. 60044). CONSIDERATIONS: Collier County has condemned a .379 acre parcel for road right -of -way (Parcel 113FEE) from property owners, John Popa and Jeanne M. Popa. The County's initial appraisal dated February 9, 2007, valued the taking at $28,400.00. The County offered the owner $37,900.00 as the County's statutory offer on June 2, 2007 based on the initial appraisal of $28,400.00 plus a settlement incentive of $9,500.00. An updated appraisal, dated November 2, 2007, shows a declining market value of $13,300.00 for the taking. An Order of Taking hearing was held on January 4, 2008, and the County deposited the sum of $13,300.00 in the Court Registry. This deposit represents a value of $35,000.00 per acre for the land only. In order to avoid the added costs of mediation or trial, and to recognize a severance damage to this relatively shallow parcel, staff recommends settlement in the amount of $31,000.00, inclusive of attorney's fees, expert fees and costs. Please note that settlement is $6,900.00 less than the original offer. See attached Stipulated Final Judgment. If approved, the County will be responsible for the following costs: Additional settlement amount, including Attorney's fees, expert fees and costs: $17,700.00 TOTAL: $ 17,700.00 FISCAL IMPACT: Funds in the amount of $17,700.00 will come from the Gas Taxes and Impact Fee. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Pone. 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 vole. RN7 RECOMMENDATION: That the Board of County Commissioners approve the Stipulated Final Judgment as to Parcel 1 13FEE and payment of the funds as stated. PREPARED BY: Robert N. Zachary, Assistant County Attorney CP:07- 2850;289 Pane I of 1 Agenda Item No. 16K3 January 13, 2009 Page 2 of 7 fi1e) /C:AAL,cndaTest \Export \121- .Ianuary %2013, %202009\ 16. %2000NSF,NT %20AGENDA \... 1/7/2009 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K3 Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of $31,000.00 for Parcel 113FEE in the lawsuit styled Collier County v. Luz Madin.. et al., Case No. 07- 2850 -CA (Oil Well Road Project No 60044). (Fiscal Impact $17,700.00) Meeting Date: 1113/2009 9'00:00 AM prepared By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 12/1512008 10:48:39 AM .Approved By Gary Putaansuu Principal Project Manager Date Transportation Services Transportation Engineering and 12/15/2008 1:15 PM Construction .Approved By Lisa Taylor Management /Budget Analyst Date Transportation Services Transportation Administration 12115/2008 2:48 PM Approved By Brian Hancock Operations Support Manager Date - Transportation Division Transportation Administration 12115'20084:28 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 12!1512008 4:37 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 12!16!2008 1:27 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date ransportatian Serekes TECM -S:OW 1211712008 9:47 Aryl Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 1212212008 8:19 AM Approved By Susan Usher Senior Management ?Budget Analyst Date County Managers Office Office of Management & Budget 12123/2008 10:13 AM .Approved By James V. rdludd County Manager Date Board of County County Manager's Office 12i2412008 9:38 AM .._. Commissioners fi1e) /C:AAL,cndaTest \Export \121- .Ianuary %2013, %202009\ 16. %2000NSF,NT %20AGENDA \... 1/7/2009 a I:e:n'Jo. ISK3 n y ? 2009 Page 3 "f7 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 a1., Petitioner, Case No. 07- 280 -CA Respondents. Parcel: 113FEE STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents, JOHN POPA and JEANNE M. POPA, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 113FEE, 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, JOHN POPA and JEANNE M. POPA, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, JOIIN POPA and JEANNE M. POPA, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Thirty -One Thousand and No /100 Dollars ($31,000.00) for Parcel 113FEE as full payment for the property interest taken and for damages resulting to the remainder, if less than the entire property was taken, for all other damages in connection with said parcel, and for attorneys fees and expert fees and costs: it is further Agenda Item No. 1EK3 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 $13,300.00; it is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay an additional Seventeen Thousand Seven Hundred and No /100 Dollars ($17,700.00) to Respondents, JOHN POPA and JEANNE M. POPA, inclusive of attorneys fees, expert fees and costs, and no further attorneys fees, expert fees and costs shall be awarded; it is further ORDERED that without further order of the Court, that within thirty (30) days hereof, the Clerk shall disburse the amount of Two and 99/100 Dollars ($2.99) to the Collier County Tax Collector, c/o E. Glenn Tucker, Esquire, Rhodes, Tucker & Garretson, P. O. Box 887, Marco Island, Florida 34146 for payment of real property taxes; 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, JOHN POPA and JEANNE M. POPA, the total sum of Thirteen Thousand Two Hundred Ninety -Seven and 01 /100 Dollars ($13,297.01), 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 Respondents, JOHN POPA and JEANNE M. POPA; it is further ORDERED AND ADJUDGED that Petitioner shall pay, within thirty (30) days hereof, the above - mentioned sum of Seventeen Thousand Seven Hundred and No/] 00 Dollars ($17,700.00), to 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 113FEE, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner FA ;;aanda stern Nlo. 13K3 ",nu.- ry 13, 2009 Papa 5 of 7 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 I I3FEE; 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 S 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 151 RDUE and that have or could have been asserted in this cause; it is further DONE AND ORDERED in Chambers at the Collier County Courthouse, Naples, Florida, this _ day of January, 2009. conformed copies to: Robert N. Zachary, Esquire Bella Y. Patel, Esquire E. Glenn Tucker, F,squire Kevin Hendricks, Acquisition Mgr. /Transp. Accounting 3 HONORABLE CYNTHIA A. ELLIS CIRCUIT COURT JUDGE Agenda Item No. 16K3 January 13, 2009 Page 6 of 7 JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, JOHN POPA and JEANNF M. POPA, hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcel 113FF.H. Dated: �z Ck ^r BELLA Y. PAT L, ESQ. Florida Bar No, 896489 LAW OFFICE OF BELLA Y. PATEL, P.A. 13026 Waterford Rom Drive Riverview, Ff. 33569 (873)643 -2762— Telephone (813) 643- 2612 — Facsimile ATTORNEY FOR RESPONDEN "I'S, JOHN POPA and JFANNE M. POPA Dated: ROBERT N. 7.ACHARY Florida Bar No. 816604 ASSISTANT COUNTY ATTORNEY Harmon Turner Building, 8'" Floor 3301 Fast 1'amiami Trail Naples, Florida 34112 (239) 774 -8400 - Telephone (239) 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 sen�ice list below by U.S. mail, on this _ day of January, 2009. SERVICE LIST John Poppa and Jeanne M. Papa c/o Bella Y. Patel Esquire LAW OFFICE; OF BELLA Y, PATEL, P.A. 13026 Waterford Run Drive Riverview, FI, 33569 CP:O - 2h'30,298 4 ROBERT N. ZACI I.ARY ASSISTANT COUNTY ATTORNEY Collier County'1'wt Collector c/o E. Glenn Tucker RHODES, ]'I?CKER & GARRETSON P.O. Box 887 Marco Island. Florida 34146 Agenda (tern No. "GK3 Janua ry 13. O,,9 Page 7 of 7 PROJEC� PARCEL . 113 FEE �cHiBiT -' -I N FEE SIMPLE INTEREST LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH 50 FEET OF TRACT 15, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RdCORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.379 ACRES, MORE OR LESS. TRACT 15 FEE SIMPLE INTEREST .._.._.._..—.._..—..1.. PRC MWA�WAY(5[FSM $u FfcT N 0 R T i7 NOT TO SCALE