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Agenda 01/13/2009 Item #16K 5Agenda Item No, 16K5 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 119FEE in the lawsuit styled Collier County v. Carlos Alvarez, et aL, Case No. 07-2882 - 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 119FEE 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 .379 acre parcel for road right -of -way (Parcel 119FEE) from property owner Carlos Alvarez. 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 29, 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 9, 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 payment, inclusive of attorney's fees, expert fees and costs: $17.700.00 TOTAL S17,700.00 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: 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 1 19FEE and authorize payment of the funds as stated. PREPARED BY: Robert Ni. Zachary, Assistant County Attorney CP: 07- 2892- CA;742 Page I of I Agenda Item No. 16K5 January 13, 2009 Page 2 of 7 file: / /C:AA,,endaTest \Export \121- January %2013,% 202009 \16.0 /,2000NSENT %20AGENDA \... 1/7/2009 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K5 Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of $31,000.00 for Parcel 119FEE in the lawsuit styled Collier County v. Carlos Alvarez., et al., Case No. 07- 2882-CA (Oil Well Road Project No. 60044). (Fiscal Impact $17,700.00) Meeting Date: 1 /13/2009 9:00.00 AM Prepared By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 1 211 512 008 12:39:59 PM Approved By Gary Putaansuu Principal Project Manager Date Transportation Services p Transportation Engineering and 12115/2008 1:22 PM Construction Approved By Lisa Taylor ManagementlBudget Analyst Date Transportation Services Transportation Administration 12/15/2008 2:50 PM Approved By Brian Hancock Operations Support Manager Date �- Transportation Division Transportation Administration 1 211 5120 08 4:23 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 12H 512008 4:37 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 12116/2008 1:28 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 1211712008 9:49 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 12/22/2008 8:20 AM .Approved By Susan Usher Senior ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 12123/2008 11:21 AM Approved By James V. Mudd County Manager Date Board of County. .... Commissioners County Manager's Office 12/2312008 5:45 PM file: / /C:AA,,endaTest \Export \121- January %2013,% 202009 \16.0 /,2000NSENT %20AGENDA \... 1/7/2009 Agenda I: e n 1...11o. 16K5 ,lancary 13. 2009 Page 3 of 7 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.: 119FEE 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 Respondent, CARLOS ALVAREZ, (hereafter "Respondents'), for entry of a Stipulated Final Judgment as to Parcel 119FEE, 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 Respondent, CARLOS ALVAREZ, and the Court being otherwise fully advised in the premises thereof, it is thereupon, ORDERED AND ADJUDGED that Respondent, CARLOS ALVAREZ, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Thirty -One Thousand and No /100 Dollars ($31,000.00) for Parcel 119FEE 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 (tern No. 16K5 January 13, 2009 Page 4 of 7 ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, has previously deposited the amount of Thirteen Thousand Three Hundred and No /100 Dollars ($13,300.00) into the registry of the Clerk of the Circuit Court toward the acquisition of Parcel 119FEE at which time title to said parcel as described in Exhibit "A" vested in the name of Petitioner; it is further ORDERED AND ADJUGED that without further order of the Court, that within thirty (30) days hereof, the Clerk shall pay to Respondent, CARLOS ALVAREZ, the total sum of $13,300.00, 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 Respondent, CARLOS ALVAREZ; 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 Respondent, CARLOS ALVAREZ, inclusive of attorney's fees, expert fees and costs, and no other attorney's fees, expert fees and costs shall be awarded in this case; it is further ORDERED AND ADJUDGED that within thirty (30) days hereof, Petitioner shall pay the total sum of Seventeen Thousand Seven Hundred and No /100 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 that title to Parcel 119FEE, 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 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 74.051(3), F.S., the Clerk of Courts shall disburse the interest earned on the funds on deposit in the amount of $ made payable I anuary 13. 2019 ?age 5 of 7 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 seq., of the Public Records of Collier County, Florida be dismissed as to Parcel l 19FEE; 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 E. Glenn Tucker, Esquire Kevin Hendricks, Acquisition Mgr /Transp. Bookkeeping 3 HUGH D. HAYES CIRCUIT COURT JUDGE Agenda item No. 16K5 January 13, 2009 Page 6 of 7 dOINr MOTION FOR STIPULATED FINAI,.ILID(;:.N1ENT The Petitioner. COI11FIR COUN FY. FLORIDA. and Respondent. C'ARLOS ALV.ART.Z. hereh% stipulate and respcctiitlly request this Court 10 enter the foregoing Stipulated Final Judulpent as to parcel 1 1 ()FEE. Daicd: �Q y ,s BYLLA Y. PAIL, L.I- SQ. Florida Bar No. 896489 I AW OFFIC!_ OF BELL,A Y. PATFL P.A 13026 Walcrinrd Run Drh-c Ri%cn ic�X. PL 3"569 (W,)643- 2702- 1- cicphonr (811) 643 -2612 Facsimile 1'II'ORN11l` F(N2 RI:SPONDI{ v' "F, C'ARLOS.ALVAREZ Datcd: -- _ ROBERT N. ZACHARY Florida Bar No. 816604 ASSIS CANT COUNTY Al I -ORNFY I iannnn 'I urner Building;, 8 °e Floor 31(41 1 ?ast Tamiami 'I rail Naples, Florida 3411' (219) 774 -8400 -Telephone 1239) 252- 1,,100 - Facsimile AI rORNTIFY FOR ITHT1ONER CERTIFICATE OF SERVICES I HEREBY CER'I If Y that a true and correct co1e of the rorcgoinc has hecn furnished by U.S. wail to d1c parties l i.ted helot+= on INS the _dav of (anuary'. 2009. Carlos Alcarcz cx Bella Y. Patel C,quire 1, AAk 01 Fl( OF RGL.LA } -. 11A 1I.I.. P. A. 13026 N alcrtnrd Run Dricc Rig cry lets. FI, C flicrCOUnn Tas ( ollcclnr coo E. Glcnn reelect. Lsquirc RI IOMS I11CKER S GAKRFTSON P O 13oc 887 Llmco Lland. 1 1. 34146 ,ti,,..r<t:,an 4 ROl3F.RT N- ZAC(1�1RY ASSTSTANT CO[ INFY ATTORNEY PROJECT N0, 50044 PROJECT PARCEL NO. 119 FEE FEE SIMPLE INTEREST ca lern'vo. IBK5 January 13, 2009 Page 7 of 7 EXHIBIT R Page / of LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE SOUTH 50 FEET OF TRACT 34, GOLDEN GATE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.379 ACRES, MORE OR LESS. TRACT 34 FEE SIMPLE INTEREST I .._.._.._....._.._..�.. rnn MD !Dark RIGMi AAV 10 r� H 0 R T H 11 r;cscAL5