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Agenda 02/10/2009 Item #16K 2 f'1,gEmda item t~o. 16K2 i=ebruary 10, 2009 Page 1 of 10 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment in the amount of $356,305 for Parcels 134 and 135 in the lawsuit styled Collier County 1'. Ronen Graziani, et ai., Case No. 06- 0548-CA (Santa Barbara Boulevard Project, No. 62081). (Fiscal Impact $222,772.60) This is a companion item to Parcel 136. OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for payment of full compensation, for the taking of Parcels 134 and 135 in the lawsuit styled Collier County v. Ronen Graziani. ct. ai.. Case No. 06-0548-CA (Santa Barbara Boulevard Extension Project No. 62081). CONSIDERATIONS: Collier County has condemned 0.599 acres for road right-of-way purposes (Parcels 134 and 135) from homeowners Ronen and Leeanne Graziani. The County's initial appraisals dated April 26, 2005, valued the takings at $136.600. An Order of Taking hearing was held on July 18,2006, and the County deposited tile sum of the updated appraisals ($169,800) into the Court Registry. The owner's last offered to settle tile case for $485,900 plus attorneys fees and costs. The case reached impasse at mediation on December 13, 2007, and the County extended an Offer of Judgment to the owners for $300,000. It was not accepted, leaving the parties to continue negotiations up until trial. In view of the likelihood ofajury award in between the owner's position and the County's position; and in view of the fact that the owner's position at trial would be well over $500,000 with severance damages to both land and improvements, staff recommends, and the owners have accepted, settlement in the total amount of $356,305 as full compensation for Parcels 134 and 135. This settlement was achieved, in large part, because a substantial "benefit fornlUla" attorney fee as set forth in Subsection 73.092(1), F.S., of $49.805, and a portion of an hourly Subsection 73.092(2), F.S., fees of $6,500 were waived by the Graziani's attorney, so that it could be paid to the owners if it would finally bring about a settlement of the case. See attached Stipulated Final J udgmcnt. If approved, the County will be responsible for the following costs: Additional Amount Deposited: · Attorneys fees and costs: Expert fees and costs: Clerk's Fee: TOTAL $186.505.00 $ 17,242.80 $ 18.854.80 $ 170.00 $222,772.60 Total paid to the Owners, including deposit: Total paid by County jar Parcels 134 and 135: $356,305 $392,572.60 * Hourly attorney's fces entitlement in accordance supplemental proceedings (apportionment issues). with Subsection 73.092(2), F.S., for ,- FISCAL IMPACT: Funds in the amount of $222.772.60 will come fi.om the Gas Taxes and Impact Fees. Source of funds are Gas Taxes and Impact Fees. '!y~~:2 2UU9 2:)f 10 GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERA nONS: This item is legally sufficient for Board action, is not quasi- judicial and as such, ex-pmie disclosure is not required. This item requires only a majority vote. R"iZ RECOMMENDA nON: That the Board of County Commissioners approve the Stipulated Final Judgment as to Parcels 134 and 135, and authorize payment of the funds as stated. PREPARED BY: Robert N. Zachary, Assistant County Attomey Kevin Hendricks, Right-of-Way Acquisition Manager CP:06-0548-CA:776 2 Page 1 of I /.;..genda item t\j'J. 16K2 February '10,2009 Page 3 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 15K2 Recommendation to approve a Stipulated Final Judgment in the amount of $356,305 for Parcels 134 and 135 In the lawsuit styled Collier County v. Ronen Graziani, et aI., Case No. 06-0548-CA (Santa Barbara Boulevard Project No. 62081), (Fiscal Impact $222.772.60) This is a companion item to Parcel 136, Item 16K3 Meeting Date: 211012009 90000 AM Prepa red By Robert N. Zachary County Attorney Assistant County Attorney County Attorney Office Date 1128120094:03:24 PM Approved By Robert N. Zachary Assistant County Attorney Date 1/28f2009 5:19 PM County Attorney County Attorney Office Approved By Lisa Taylor Management!B udget Ana Iy st Date Transportation Services Transportation Administration 1129120097:46 AM Approved B:r Norm E. Feder, AICP Transportation Division Administrator Transportation Services Admin. Date Transportation Services 1(29/200911:37 AM Appro,'ed By Najeh Ahmad Director Date Transportation Services Transportation Engineering & Construction Management 1/2Sf2009 2:43 PM Approved By Brian Hancock Operations Support Manager Date Transportation Division Transportation Administration 1130120098:12 AM Approved By Kevin Hendricks Right Of Way Acquisition Mar.3ger Date Transportation Services TECM.ROW 1130120099:03 AM Approved By Jeff K:atzkow Assistant County Attorney Date County Attorney County Attorney Office 113012009 9:38 AM Approved By Susan Usher Senior ManagementfBudget Analyst Date County Manager's Office Office of Management & Budget 2/2/2009 11 :51 AM Approved By Jarnes V. Mudd County rl/'tanager Date Board of County Commi;::sioners County Manager's Office 2/2/20091 :13 PM tile://C:\AgendaTcst\ExDort\ I 23-Februarv%20 1 O. %202009\ 16.'Vo20CONSENT%20AGEND... 2/4/2009 :~em j\Jo. .i SK2 F ~:~nJ3ry 10; 2009 Pag9 4 fJf1,J IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORJDA, a political subdivision of the State of Florida, Petitioner, Case No. 06-0548-CA " .. RONEN GRAZIANI, et a1., Parcels: 134 & 135 Respondents . / STIPULATED FINAL JUDGMENT THIS CAUSE having corne before the Court upon Joint Motion made by Petitioner, COLLLlER COUNTY, FLORJDA, by and through its undersigned counsel, and Respondents, RONEN GRAZIANI and LEEANNE GRAZIANI, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcels 134 and 135 for Project No. 62081, 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, RONEN GRAZIANI and LEEA.l\JNE GRAZIANI, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, RONEN GRAZIA."JI and LEEANNE GRAZIANI, have and recover from Petitioner, COLLIER COUNTY, FLORJDA, the total sum of Three Hundred Fifty-Six Thousand Three Hundred Five and Noll 00 Dollars ($356,305.00) for Parcels 134 and 135, 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 parcels; it is further j\qen~a jt~)m ~,j:J. ~i 5~(2 ~ ;::ejrU3iY 10, 2009 r'ag8 5 of ~iO 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 $169,800.00; it is further ORDERED AND ADnJDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay into the Court Registry an additional One Hundred Eighty-Six Thousand Five Hundred Five and NolIOO Dollars ($186,505.00) to Respondents, RONEN GRAZlA""i1 a.'ld LEEA."11'JE GRAZLA~"lI, for Parcels 134 and 135 to be disbursed by further order of the Court; it is further ORDERED AND ADJUDGED that Parcel 134 is subject to a mortgage recorded at Official Records Book 3876, Page 959, of the Public Records of Collier County; it is further ORDERED AND ADnJDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay Seventeen Thousand Two Hundred Forty-Two and 801100 Dollars ($17,242.80) to Respondents for attorney's fees and costs, and no other attorney's fees or costs shall be awarded in this case; it is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay Eighteen Thousand Eight Hundred Fifty-Four and 801100 Dollars ($18,854.80) in expert fees and costs, and no additional fees and costs shall be awarded in this case; it is further ORDERED AND ADnJDGED that within thirty (30) days hereof, Petitioner shall pay the total sum of Thirty-Six Thousand Ninety-Seven and 60/100 Dollars ($36,097.60), payable to Mark Robert Leavitt Esq., Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, PA, 800 N. Magnolia Ave., Suite 1500, Orlando, FL 32803-3269, for proper disbursement in accordance with this Order; it is further ORDERED AND ADJUDGED that title to Parcels 134 and 135, being perpetual non- exclusive road right-of-way, drainage and utility easements, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking 2 -"\genda l:srTi 1\)0. GK2 FeLliu~ry 1 O~ 2099 r--age 0 uf 10 dated July 18, 2006, 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 4014, Page 2954 of the Public Records of Collier County, Florida be dismissed as to Parcels 134 and 135; it is furthcr ORDERED AND ADmDGED that pursuant to Section 74.051(5), F.S., the Clerk of Courts shall disburse the interest earned on the funds on deposit in the amount of $11,194.68, plus any additional accrued interest for Parcels 134 and 135, to the Board of County Commissioners, account number 336-163656-62081; 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 ADmDGED that this Order disposes of all claims arising out of the taking of Parcels 134 and 13 5 and that have or could have been asserted in this cause; it is further ORDERED AND ADJUDGED that the compensation award is subject to the claims of the mortgagee, if any; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _ day of. ,2009. HONORABLE CYNTHIA A. ELLIS CIRCUIT COURT JUDGE conformed copies to: Robert N. Zachary, Esquire Mark Leavitt, Esquire Gregg DreiIinger, Esquire Kevin Hendricks, Acquisition Mgr./Transp. Accounting 3 /\q811C;3 item r~o. 1 r3K2 - F~::;bruary 10, 2009 Page 7 of 10 JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, RONEN GRAZIANI and LEANNE GRAZIANI, hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcels 134 and 135. Dated: MARK R. LEAVITT, ESQ. Florida BarNo. 655600 Dean, Mead, Egerton, Bloodworth, Et AI, P A 800 N. Magnolia Ave., Suite 1500 Orlando, FL 32803-3269 (407)841-1200 - Telephone (407)423-1831 - Facsimile ATTORNEY FOR RESPONDENTS, RONEN & LEEANNE GRAZIANI Dated: RONEN GRAZIANI 2861 Santa Barbara Boulevard Naples, Florida 34116-7431 CP:06-0548-CA; 765 Dated: fLZ/ ROBERTN. ZACHARY Florida BarNo. 816604 ASSISTANT COUNTY ATTORNEY Harmon Turner Building, 8th Floor 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 252-6300 - Facsimile ATTORNEY FOR PETITIONER Dated: LEEANNE GRAZIANI 2861 Santa Barbara Boulevard Naples, Florida 34116-7431 4 A08nca ilem l~o.16f<2 ~ Febcuary 10, 2009 Page 8 of 10 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of thc foregoing has been furnished by u.s. Mail to the parties listed below on this _ day of February, 2009. ROBERT N. ZACHARY ASSISTANT COUNTY A HORNEY Ronen & Leeanne Graziani c/o Mark Robert Leavitt, Esq. Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, P A 800 N. Magnolia Ave., Suite 1500 Orlando, FL 32803-3269 Citibank (West) FSB Gregg Dreilinger Law Offices of David 1. Stem, P.A. 900 South Pine Island Road, Suite 400 Plantation. Florida 33324-3903 Citibank (West), FSB One Sansome Street, nnd Floor San Francisco, CA 94104 5 !-\genda item t'-Jo. 16K2 February 10, 2009 Page 9 of 10 3JO.00' (PLAT) + I ~ I.J- o ;5 I.Q ,~~ GR^PHIC SCALE r-- ] I ", 109, I 109 \~~I c:; .:J:j \~ ~\ tJj '<:: I"' ~\ JlO SOUTH 180' OF TRACT JlO a N ~ '" 110.1 GOLDEN GA TE ESTA TES UNIT 30, PLA T aOOK 7, PAGES 58 111 PIIa'OSED Pf:HffTU ~ NON-EXCl.llSllC ROAP " R.O.II(, DRAJNAGe. U7UJTY EASEJ/E}/T 14JJ' _ FEET NORTH 750' OF TRACT 110 ~ '" MRCEI NO J3J./.- k./B:J ..?8...l8J'2;" -- PROP SeD R.O.~ E EMENT~ EAS LINE OF SECTION 29 SANTA BARBARA BOULEVARD 345 GOLDEN GATE CITY UNIT 5, PLAT 800K 5, PAGES 124-134 P,O.C, GOLDEN GATE UNIT 6, C:.~i!l~% PLAT BOOK 5, PAGES 124-134 \ ",I Lei 2 6 BLOCK 225 7 LEGAL DESCRIPnON ALL THAT PART OF THE NORTH 150 FffT OF TRACT 110, GOLDEN GATE ESTATES UNIT JO, PLAT BOOK 7, PAGE 58, COLLIER COUNTY. FLORIDA, AND BEING MORE PARTICULARL r DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 110, A POINT ON THE EAST LINE OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COlLIER COUNTY. nORIOA; THENCE ALONG THE NORTH LINE OF SAID TRACT SOUTH 89'31'5" WEST 53.00 FEfT TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTH TRAGT LINE SOUTH 00'15')9' EAST 150,00 FEET.' THENCE SOUTH 89'3"5" WEST 108.12 FEET: THENCE NORTHERLY 123.57 FEET ALONG THE ARC OF A CIRCULAR CURV[ CONCAV[ EASTERLY HAVING A RADIUS OF 3,097,00 FEET THROUGH A CENTRAL ANGLE OF Dn7'ro" AND BEING SUB TENDED BY A CHORD ImIGH BEARS NORTH 04'06'1J" EAST 123.55 FEET.' THENCE NORTH 18'32'13" EAST 28.J8 FEET TO THE NORTH LINE OF SAID TRACT 110; THENCE ALONG SAID NORTH TRACT LINE NORTH 89'Jl'51' EAST 89,59 FEET TO THE POINT OF 8EGINNlNG. SU8JECT. TO EASEMENTS &: RESTRICTIONS OF RECORD. EXHIBII A PageL of .;L ~ CONTAINING 15,3/6 SOUARE FEfT MORE DR LESS. ..-'NOT A SURVEY --- .,' '.; ..' f,' . PREPARED BY: ~L,SONJ'(I ;\ INC: ClJR'vf NUMBER 1 " RADIUS: 3097.00 DELTA... 0277"0~ ARC'" /2J.57 TANGENT= 61.79 CHORD- 123.56 CHORD BRG. N.04"06'IJ"[ i LAN T fR" P Ai -'-:suR\'fl'tlR <! /J,4PPER FLORlDA-8EGiS,TRA ' .LS 15627 .., .'. '.(".1 ,.',' Nor VALID UNLESS 5fGNED BY THE 5URVF;rOR AND stALED Kt"t THe. SURVEYOR! .EMBOSSED SEAL eERF/neATE-or AUTHORiZATION I !.8-4J, ~MC&e;lD(JII"",,", ~tMlW(N.J.D}IJlJ-li9<1 ,NJ.z!SllJ/}IT nA/f'PU.I(" crJ(SDHI.rr STSIDI(r:N/If)}frtrft"",,,wrllW: LEGEND: 1<",-,,,,,>, '-,>1 f{if~N~A5[M[NT ~ PROPOSED R.O. w: EASEMENT R.O.W. "" RIGHT OF WAY P.O.B. :: POINT OF BEGINNiNG P.O.C. "" PO/NT OF COMMENCEMENT PIlCtJEt:T we.; 620B1 PNlCD.. ~O. . 1 J4 Wils(JnMilltii'...~- . !'Wntr"~'~./lrwr<n.~Arr:Ma.T'onop<>1cDonCcnNl-","' lWlionw-lI1',~ Hl(:iII./irtlo\'al.inQo.a---..r..... ~&I.r~u.2lll.I/Ijir:f,~~.I'bnI~.."u~,lfo04o............", CUE"'! COl.1JER COUNTY TRANSPORTA,T1ON. ENGINEERING .t CONSTRUCl1ON IIANAGEMENT DI'ASlON mlE.: SKETCH ANO DESCRIPTION BEiNG PART OF' THE NORTH lS0' OF TRACT /70 GOLD[N GATE" ESTArE:S UNIT JO, PLAT BOO/( 7, PACE 58, COUICR COUIVTY. nORIDA DAle. I PROJECT NC.i 04/2002 N5022-002-OIO- TOHrt? Nav lJ. 2a02 - 1l;~4:44 LllllLERIX,\SUIl\N5n??V;k~lrh...,r ""~.n",H_n.-\"..h_"'_~\ ,--~~~,'~, ~.,,- lqerrcCi Ii:SlTl No. ; 6K2 - February 10.. 2009 Page 10 of;O 330.00' (Pl.AT) r-- , L 17o.lll09.1 10.9 :j i I ~I , ~ I SOUTH 150' NORTH 130' I t;;j rF TRACT J09 OF TRACT 1091 ~1~1 PlX~c:o:of/r};;54 I ~ GOLDEN GA TE [ TA 7[S UNI T 30, ~.: ~ I ~. PLAT B~OK ,PAGE 58 Ii I ~ 2 I~ I ~\~h. '-J. PERPETUAL. I \ ~ EXlsnNG 60' EASEMENT NON a.USlItf: RO.4D 1 t>i FOR R.O W PURPOSES PfR PLA T R.a DRAINAGE. AND '" U EASDlENT . ..., . PROPOSED 1~~~,Fm _ I' . R.OW EASE:T,~ il; w~NO. ~ - ",l 0: 708 ~ ... C 2~ ~c Ice GRAPHIC SCALE f ,~ I L EAST LINE OF S C lION 29 BOULEVARD GOLDEN GATE UNIT 6, P. O. C. PiA T BOOI< 5, SE. CQRN[R ~ TOI"TRAcrro9 5 6 7 I 4 GOLDEN GATE CITY UNIT 6, PLAT BOOK 5, PAGES 124-134 LEGAL DESCRIPnON ALL THA T PART OF THE SOUTH ISO FEET OF TRACT 109. GOWEN GA TE ESTA TES UNIT 30, PLA T BOOK 7. PAGE 58, COWER COUNTY. FLORIDA, AND BEING MORE PARnCULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T THE SOUTHEAST CORNER OF 5A/0 TRACT 109, A PO/NT ON THE EAST LINE OF SECnON 29, TOflTo/SHIP 49 SOUTH, RANGE 26 EAST. COWER COUNTY. FLORIOA; THENCE ALONG SOUTH LINE OF SA/O TRACT 109 SOUTH 89'31'51" l>tST 5300 FrU TO THE POINT OF BEGINNING; THENCE CONTU1UINC ALONG SAID SOUTH TRACT UNE SOUTH 89"31'51' WEST 89,59 FEET; THENCE LEA VlNG SAID SOUTH TRACT LINE NORTH 1B'32'13" EAST 59.52 FEET,. THENCE NORTHERLY 93.99 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EASTERLY HAVING A RAOIUS or 2,96300 FEET THROUGH A CENTRAL ANGLE OF Or'49'03' AND BEING SUB TENDED BY A CHORO WHICH BEARS NORTH 03'51'57" EAST 93.99 F[U: THENCE NOR TH 89'31'51" EAST 5366 FEE^. THENCE SOUTH 00"15'20" EAST 15000 FEET TO THE POINT OF BEGINNING. CONTAINING 10.762 SDUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS &< R[STRICnONS OF RECORD. *** NOTA rSlJR,vEY *** ():, ;: ~'): '. . PREPAI?fG.'''$'f: WllsONM ':,iNC. ) n~ r._ aJRVf NUMBffl I RAD!US~ 2953.00 DEI.. fA=< O/'~9'OJ. ARC;=: 9J.99 TANCENT,. 47.00 CHORD_ 93.99 CHORD BRG. N.OJ'5T'57"r. 1\ Nor VALID UNless SfG!Y[[) -BY THf.-"SURvryOR AND SEALED Wf7H THE SUR~~qt80SS[D".S[AL C[RFlFlCAT[ 'JF AUrHORfZAnON I. [8-,13 sr_r:sAlllaut1lalNC1trN ~"'IIIlI(I;."-O}'~JJJ'll NJ,lJ$nu:/iI~r~ICI'tA/I(~1C mlfJ./(~)fr#n.!JlD.lJA$T1DHC. EXHIBIT ~Lj PageL of-.DL LEGEND, 1\..".... '-. ".>.>~ EXISTING "" R.O.W, EASEMt.Nr ~ PROPOS[D R.O. W. [ASE.M[NT R.o.w. '" RJCHT OF WAr P.Q.B "" POINT OF BEGINNING P.o.c. = POINT or COMM[NC[M[Nr .... I /'flllJECTI<O., 62081 " .p,:,,~~~., 1.35 ClJ~,'m COWER COUNTY TRANSPORT A TlON. WilstinMille,..'-- ENGINEERING 4: CONSTRUCTION UANAGEJ./ENT DI"'S1ON \'I,l: SKETCH AND DESCRIPTION BDNG PART OF mr SOUTH ISO' OF TRACT 1D9, r r;OW~N GArr ESTAT[S UNIT JO. Pl.Ar SOOK 7, PAGE 55', ",""". ~ro'~'~"~l.n:Hoc#"T~c.n..IOIl," COLL/a? COf/NT'r'. FLORIDA MsOl"J..lil"",jn::. ~'i'<JlMw>"s....,q'~"T_ [).In:, \ Pf{OJLCl" "0.' I I SlIttl N'JlJBiR, (I flU NO~ .nl1&l:)'tw,lU41OJ'~A:rlla~'I'll:a~"F1lN-U>51lI"1l'~-""""':<OI 04/2002 - N5022-002-010-TOHWP 135 or XXX 2GC-203 .0..1 II, 2002 - D9,ICl;)B J,AP1Elllx:\SUIl\NS022\Sk<,o., 01 D..<:r;ol;o,.\Su"mil!~rl\:>nn:>r"~""~",_