Agenda 01/13/2009 Item #16K 4Agenda Item No. 16K4
January 13, 2009
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $31,000.00 for
Parcel 127FEE in the lawsuit styled Collier County v. Carlos Alvare;, et al., Case No. 07-2882 -
CA (Oil Well Road Project No. 60044). (Fiscal Impact $17,900.00)
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for
payment of full compensation, for the taking of Parcel 127FEE in the lawsuit styled Collier County
V, Carlos Alvarez, et. al., Case No. 07- 2882 -CA (Oil Well Road Project No. 60044).
CONSIDERATIONS: Collier County has condemned a .373 acre parcel for road right -of -way
(Parcel 127FEE) from property owners Juan and Elvia Ramirez. The County's initial appraisal
dated February 9, 2007, valued the taking at $28,000.00. The County offered the owner $37,300.00
as the County's statutory offer on June 29, 2007, based on the initial appraisal of $28,000.00 plus a
settlement incentive of $9,300.00. An updated appraisal, dated November 2, 2007, shows a
declining market value of $13,100.00 for the taking. An Order of Taking hearing was held on
January 9, 2008, and the County deposited the sum of $13,100.00 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 $6.300.00 less than the original
offer.
See attached Stipulated Final Judgment. If approved, the County will be responsible for the
following costs:
Additional payment, inclusive of attorney's fees,
expert fees and costs: $17,900.00
TOTAL $17,900.00
FISCAL IMPACT: Funds in the amount of $17,900.00 will come from the Gas Taxes and Impact
Fee. 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 the Stipulated
Final Judgment as to Parcel 127FEE and authorize payment of the funds as stated.
PREPARED BY: Robert N. Zachary, Assistant County Attorney
UP: 01- 2882- CA;741
Page I of I
Agenda Item No. 16K4
January 13, 2009
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16K4
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of £31,000.00 for
Parcel 127FEE in the lawsuit styled Collier County v. Carlos Alvarez, of at, Case No 07-
2882-CA (Oil Well Road Project No 60044). (Fiscal Impact $17,900.00)
Meeting Date: 1/13/20099: 00.00 AM
Prepared By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
12/1512008 11:42:59 AM
Approved By
Gary Putaansuu
Principal Project Manager
Date
Transportation Services
Transportation Engineering and
12/15/2008 1:19 PM
Construction
Approved By
Lisa Taylor
Management /Budget Analyst
Date
Transportation Services
Transportation Administration
12115/2008 2:49 PM
Approved By
Brian Hancock
Operations Support Manager
Date
- Transportation Division
Transportation Administration
12/15!2008 4:26 PM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
12115/2008 4:37 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
1211612008 1:27 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM -ROW
1211712008 9:53 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
12122/2008 8:20 AM
Approved By
Susan Usher
Senior ManagementBudget Analyst
Date
County Manager's Office
Office of Management & Budget
12123/2008 11:12 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
County Manager's Office
12123i2608 5:47 PM
„_. Commissioners
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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,
vs.
Case No.: 07- 2882 -CA
Parcel No.: 127FEE
CARLOS ALVAREZ, et al.,
Respondents.
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 Respondents,
JUAN RAMIREZ and ELVIA RAMIREZ, (hereafter "Respondents "), for entry of a Stipulated
Final Judgment as to Parcel 127FEE, 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 Respondents, JUAN RAMIREZ and ELVIA
RAMIREZ, and the Court being otherwise fully advised in the premises thereof, it is thereupon,
ORDERED AND ADJUDGED that Respondents, JUAN RAMIREZ and ELVIA
RAMIREZ, have and recover from Petitioner, COLLIER COUNTY, FLORIDA. the sum of Thirty -
One Thousand and No /100 (531,000.00) for Parcel 127FEE as full payment for the property
interests taken and for damages resulting to the remainder, if less than the entire property was taken,
business damages, for all other damages in connection with said parcels, and inclusive of attorney's
fees, expert fees and costs, it is further
Agenda Item No. 16K4
January 13, 2009
Page 4 of 7
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, has previously deposited the
amount of Thirteen Thousand One Hundred and No /100 Dollars ($13,100.00) into the registry of
the Clerk of the Circuit Court toward the acquisition of Parcel 127FEE at which time title to said
parcel as described in Exhibit "A" vested in the name of Petitioner; it is further
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay
an additional Seventeen Thousand Nine Hundred and No/ 100 Dollars ($17,900.00) to Respondents,
inclusive of attorney's fees, expert fees and costs, and no other attorney's fees or costs shall be
awarded in this case; it is further
ORDERED that without further order of the Court, that within thirty (30) days hereof, the
Clerk shall disburse the amount of Six Dollars and 55 1100 ($6.55) 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, JUAN RAMIREZ and ELVIA RAMIREZ, the
total balance of $13,093.45, 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, JUAN
RAMIREZ and ELVIA RAMIREZ; it is further
ORDERED AND ADJUDGED that within thirty (30) days hereof, Petitioner shall pay the
total sum of Seventeen Thousand Nine Hundred and No /100 Dollars ($17,900.00), payable 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 that title to Parcel 127FEE, a Fee Simple Interest, being fully described in
Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER
COUNTY, FLORIDA, pursuant to the Order of Taking dated January 9, 2008, and the deposit of
money heretofore made, is approved, ratified, and confirmed; it is further
°�enu'a Item 143. 11,3K4
:lanuary 13, 2009
Pag-- 5 of 7
ORDERED that this Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment; it is further
ORDERED AND ADJUDGED that pursuant to Section 74.05 ] (3), F.S., the Clerk of Courts
shall disburse the interest earned on the funds on deposit in the amount of $ 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 that the Notice of Lis Pendens filed in this action and recorded in Official
Record Book 4274, Page 2074, et seg., of the Public Records of Collier County, Florida be
dismissed as to Parcel 127FEE; it is further
ORDERED that this 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, Collier County, Florida this day of
January, 2009.
Conformed Copies:
Robert N. Zachary, Esquire
Bella Y. Patel, Esquire
James R. Klindt, US Attorney
Attorney General of the United States
E. Glenn Tucker, Esquire
Kevin Hendricks, Acquisition Mgr /Transp.
Bookkeeping
3
HUGH D. HAYES
CIRCUIT COURT JUDGE
Agenda Item No. i6K4
January 13, 2009
Page 6 of 7
.JOINT MOTION FOR STIPULATED FINAL JUDGMENT
The Petitioner, COLLIER COUNTY, FLORIDA, and Respondents, JUAN RAMIREZ and
ELV1A RAMIRF.7„ hereby stipulate and respectfully request this Court to enter the foregoing
Stipulated Final Judgment as to Parcel 127FEE.
Dated:
BELLA Y. PATE I, E
Florida 11ar No. 89648
LAW OFFICE, OF BELLA Y. PATEL, P.A.
13026 Waterford Run Drive
Riverview, FL 33569
(813)643 -2762 – Telephone
(E 13) 641-2612 – Facsimile
ATTORNEY FOR RESPONDFNTS,
JUAN RAMIREZ and ELV IA RAMIREZ
Dated:
t— ROBNR't'N.ZACHARY
Florida Bar No. 816604
ASSISTANT COUNTY ATTORNEY
Harmon'rutner Building, 8n' Floor
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774 - 8400 - Telephone
(239) 252 -6300 - Facsimile
ATTORNEY FOR PETITIONER
CERTIFICATE OF SERVICES
I HERBY CERTIFY that a tnte and correct copy of the foregoing has been furnished by IJ.S. mail
to the parties listed below on this the _day of January, 2009.
Juan Ramirez / Elvia Ramirez
C/o Bella Y. Patel Esquire
LAW OFFICF OF BELLA Y
13026 Waterford Run Drive
Riverview, FL 33569
ROBERT N. ZAC14ARY
ASSISTANT COUNTY ATTORNEY
United States
c/o James R. Klindt
PATEL. P_A. l)niled States Attorney for the Middle District
of Florida
400 N. Tampa Street, Suite 3200
Tampa, PL 33602
Attorney General of the United States
U.S..Departntcnt of Justice
950 Pcnnsylvania Avenue, NW
Washinggon, DC 20i30-0001
CP;07-2KQ -CA4 -,39
Collier County'Tax Collector
c>o E. Glenn 'Tucker, Esquire
RHODES TUCKER & GARRETSON
P O Box 887
Marco Island, FL 34146
PROJECT NO. 60044
PROJECT PARCEL NO. 127 FEE
FEE SIMPLE INTEREST
gend;a Ir.am No. 15k:4
January 13, 2009
Page 7 of 7
EXHIBIT__dV
Page— L._of L_
LEGAL DESCRIPTION 8 SKETCH
(NOT A SURVEY)
THE SOUTH 50 FEET, LESS THE EAST 5 FEET, OF TRACT 66,
GOLDEN GATE ESTATES UNIT NO. 54, AS RECORDED IN PLAT
BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
CONTAINING 0.373 ACRES, MORE OR LESS.
TRACT 66
LESS THE EAST 5 FEET
FEE SIMPLE
INTEREST
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