Loading...
Agenda 05/26/2009 Item #16K3 Agenda Item No. 16K3 May 26, 2009 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment in the amount of $110,000.00 for Parcel 124 in the lawsuit styled Collier County v. William Pilger, et al., Case No. 06-1125-CA (County Barn Road Project 60101). (Fiscal Impact $49,670.00) OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for payment of full compensation, for the taking of Parcel 124 in the lawsuit styled Collier County v. William Pilger, et. ai., Case No. 06-1 125-CA (County Barn Road Project 60101). CONSIDERATIONS: Collier County has condemned a .387 acre parcel for a perpetual non- exclusive road right-of-way, drainage and utility easement (Parcel 124) from homeowners Robert A. Flick and Patty Flick Richards. The County's initial appraisal dated January 30, 2006, valued the taking at $87,900. The County offered the owner $87,900 as the County's statutory offer on February 28, 2006. An updated appraisal, dated November 1, 2006, shows a declining market value of $73,000 for the taking. An Order of Taking hearing was held on November 21, 2006, and the County deposited the sum of $73,000 in the Court Registry. The owners' original counter offer was $332,000, plus attorney's fees and expert fees and costs. Staff recommends settlement in the amount of $122,500, inclusive of attorney's fees, expert fees and costs. The settlement amount for the parcel reflects the value of the land along with -- improvements taken (fencing, driveway, fill, clearing and grading), as well as damages for the reduction in the number of multi-family units that can be built on the remainder parcel. The breakdown of this settlement is $110,000 in compensation to the owner and $12,500 in attorney's fees, expert fees and costs. See attached Stipulated Final Judgment. If approved, the County will be responsible for the following costs: Additional compensation to owner: Attorney's fees, expert fees, and costs: Clerk's Fees TOTAL: $37,000 $12,500 $ 170 $49,670 FISCAL IMP ACT: Funds in the amount of $49,670 will come from the Gas Taxes and Impact Fees. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMP ACT: 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 124 and authorize payment of the funds as stated. - PREPARED BY: Robert N. Zachary, Assistant County Attorney CP:06-1125;228 Item Number: Item Summary: Meeting Date: Page 1 of 1 Agenda Item No. 16K3 May 26,2009 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K3 Recommendation to approve a Stipulated Final Judgment in the amount of $110,000.00 for Parcel 124 in the lawsuit styled Collier County v. William Pilger. et aI., Case No. 06-1125-CA (County Barn Road Project 60101). (Fiscal Impact $49,670.00) 5/26/2009 9:00:00 AM Prepared By Robert N. Zachary County Attorney Assistant County Attorney County Attorney Office Date 5/13/200911 :14:38 AM Approved By Debbie Armstrong Transportation Services Property Acquisition Specialist Date TECM-ROW 5/13/200911 :28 AM Approved By Therese Stanley Transportation Grants Coordinator Date Transportation Administration 5/13/2009 3:23 PM Approved By Najeh Ahmad Transportation Services Director Date Transportation Engineering & Construction Management 5/14/2009 9:03 AM Approved By Robert N. Zachary County Attorney Assistant County Attorney County Attorney Office Date 5/14120099:51 AM Approved By Lisa Taylor Transportation Services Management/Budget Analyst Transportation Administration Date 5/14/2009 10:02 AM Approved By Jeff Klatzkow County Attorney County Attorney County Attorney Office Date 5114/20094:53 PM Approved By OMS Coordinator County Manager's Office OMB Coordinator Date Office of Management & Budget 5/15/20099:31 AM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget Date 5/20/20093:09 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 5/20/20094:12 PM file:/ /C:\AgendaTest\Export\ 130-May%2026, %202009\ 16. %20CONSENT%20AGENDA \ 1... 5/20/2009 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CmCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION Agenda Item No. 16K3 May 26, 2009 Page 3 of 8 COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No. 06-1125-CA v. WILLIAM PILGER, et al., Parcel: 124 Respondents. 1 STIPULATED FINAL JUDGMENT TIllS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents, ROBERT A. FLICK and PATTY FLICK RICHARDS, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 124, 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, ROBERT A. FLICK and PATTY FLICK RICHARDS, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, ROBERT A. FLICK and PATTY FLICK RICHARDS, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Hundred Ten Thousand and No/100 Dollars ($110,000.00) for Parcel 124, 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; it is further 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 $73,000.00 it is further Agenda Item No. 16K3 May 26, 2009 Page 4 of 8 ORDERED AND ADJUDGED that within thirty (30) days of receipt by Petitioner of the Stipulated Final Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an additional Thirty-Seven Thousand and Noll 00 Dollars ($37,000.00) into the registry of the Clerk of the Circuit Court for the benefit of Respondents, ROBERT A. FLICK and PATTY FLICK RICHARDS; it is further ORDERED AND ADJUDGED that disbursement of the funds on deposit shall be by further order of this Court; it is further ORDERED AND ADJUDGED that Respondents will receive, pursuant to S73.092(1), Fla. Stat., as a reasonable attorney's fee and expert witness fees and defense costs in the sum of Twelve Thousand Five Hundred and No/lOa Dollars ($12,500.00), and no other attorney's fees, expert fees or other costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel 124; it is further ORDERED AND ADJUDGED that within thirty (30) days hereof, Petitioner shall pay the total sum of$12,500.00, 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 AND ADJUDGED that fee simple title to Parcel 124, 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 November 21, 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 4084, Page 385 of the Public Records of Collier County, Florida be dismissed as to Parcel 124; it is further 2 Agenda Item No. 16K3 May 26, 2009 Page 5 of 8 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 124 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, Fifth Third Bank; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _ day of ,2009. HONORABLE CYNTHIA A. PIV ACEK CIRCUIT COURT JUDGE conformed copies to: Robert N. Zachary, Esquire Bella Y. Patel, Esquire Scott E. Simowitz, Esquire E. Glenn Tucker, Esquire Gregg R. Dreilinger, Esquire Kevin Hendricks, Acquisition Mgr./Transp. Accounting 3 Agenda Item No. 16K3 May 26. 2009 Page 6 of 8 JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, ROBERT A. FLICK and PATTY FLICK RICHARDS, hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcel 124. Dated: BELLA Y. PATEL, ESQ. Florida Bar No. 896489 LAW OFFICE OF BELLA Y. PATEL, P.A. 13026 Waterford Run Drive Riverview, FL 33569 (813) 643-2762 - Telephone (813) 643-2612 - Facsimile ATTORNEY FOR RESPONDENTS, ROBERT A. FLICK and PATTY FLICK RICHARDS Dated: ROBERT A. FLICK, RESPONDENT 2401 County Barn Road Naples, Florida 34112-5430 CP:06-1125;227 Dated: ~ ROBERT N. ZACHARY Florida BarNo. 816604 ASSISTANT COUNTY ATTORNEY I Jarmon Turner Building, 8th Floor 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 252-6300 - Facsimile ATTORNEY FOR PETITIONER Dated: PATTY FLICK RICHARDS, RESPONDENT 2401 County Barn Road Naples, Florida 34112-5430 4 CERTIFICATE OF SERVICE Agenda Item No. 16K3 May 26, 2009 Page 7 of 8 I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. mail to the parties listed below on this the _ day of ,2009. ROBERTN. ZACHARY ASSIST ANT COUNTY ATTORNEY Robert A. Flick and Patty Flick Richards c/o Bella Y. Patel, Esquire LA W OFFICE OF BELLA Y. PATEL, P.A. 13026 Waterford Run Drive Riverview, FL 33569 Collier County Tax Collector c/o E. Glenn Tucker Rhodes, Tucker & Garretson P. O. Box 887 Marco Island, Florida 34146 Wachovia Bank, N.A. Scott E. Simowitz, Esquire Moskowitz Mandell Salim & Simowitz, P.A. 800 Corporate Drive, Suite 500 Fort Lauderdale, FL 33324 Countrywide Home Loans, Inc. Gregg R. Dreilinger, Esquire The Law Offices of David J. Stern, P.A. 801 S. University Drive, Suite 500 Plantation, FL 33324 5 EXHIBIT A psgeiZL of...Jcl. PeRPETUAL, NON1:XCWSIVE ROAD RIGHT .ol4'VA.Y. DRAINAGE AND unUTY 1!ASeM!NT Agenda Item No. 16K3 May 26, 2009 1 0 C Page 8 of 8 SHaT ..LOt' J. ~ .~ ECT N.O. &0101 EeT PA!leEL NO. 12( LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A. stlRVB'Y) sncnON II, TOWNSHIP $0 SOlJTH, RANGE 26 EAST COLI..ISll COUNTY, FLORIDA p . ~ ~..- uM- uu. _lei,"'" a 'cta. .. 1101 .... UIT II "'-1 .. _ WC'I' ... rU1 . nc '''LOIl_ __... IDUIT. tII: __ .If " hi ... III " nc.. 'AI . H ... I Iff ., IUII_" ,....... I' ...,.. .... . Int. c&.I.IP. GIJIlI'f. 'LDR... -~-..:..:.-=.-==-:::.::-- c..,., ~. 1IT/l11J" -..r i il'" ..I ROBD:r 01; 1'A.TlYFLICE. >ll" l'OUO NtlMBlIIl..: 0lI4ll2!WlO05 ~ O.l.2S60,PG.1301 : : .. .. :.tot T ~ I ! I i . .,PIt .. ..,. : t~V.... .. . lIIr.At' .... ..... . ~I"'" _YClIl . ..,... .. . ..IT... 110 . ,,"Ieu.._ A - .cl<Lt....c._ ItU'DliIIIlIt _OIIIIIIID _ ,~ aJII1n;IIT~ _ac,., _ IT. ~C11 CllECUD /IT I 51' DR.I.IN~ DArc. Ol-'I-OS SCl\L[. 1--100' ...u1Una all,tn,.", .{ '.Dr,.., l.LC 1f'" L..If. 0' 1.."", .1WCf'. .vtl. U, L."II 0" w~... ,...,,_. ,,,.... ".. : "'~J "II-.2.e ".rc: I.'~J ....n... rnfJu'. .r A_De"""",, ".. 71 tell oac.uM 00/JH7T" .DIlIWJlT.MlI:I Dl' ~"'D:W