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Agenda 06/09/2009 Item #16K 1 Agenda Item No. 16K1 June 9, 2009 Page 1 of 7 "..".- EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment in the amount of $13,600 for Parcel 156RDUE in the lawsuit styled Collier County v. Michael J. Crouch, et a/., Case No. 07-3691- CA (Oil Well Road Project 60044). (Fiscal Impact None.) OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for payment of full compensation, for the taking of Parcel 156RDUE in the lawsuit styled Collier County v. Michael J Crouch, et. at.. Case No. 07-3691-CA (Oil Well Road Project No. 60044). CONSIDERATIONS: Collier County has condemned a .052 acre parcel for a non-exclusive road right-of-way, drainage and utility easement (Parcel 156RDUE) from property owners Miguel and Norma Perez. The County's initial appraisal dated March 21,2007, valued the taking at $13,700. The County offered the owner $14,950 as the County's statutory offer on July 12,2007 based on the initial appraisal of $13,700 plus a settlement incentive of $1,250. An updated appraisal, dated November 14,2007, shows a declining market value of $13,600 for the taking. An Order of Taking hearing was held on January 4, 2008, and the County deposited the sum of $13,600 in the Court Registry. Staff recommends settlement in the amount of $13,600. There are no attorney's fees, expert fees or costs in this case. See attached Stipulated Final Judgment. If approved, the County will not be - responsible for any additional costs: FISCAL IMPACT: There is no fiscal impact associated with this case. 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 156RDUE and authorize payment of the funds as stated. PREPARED BY: Robert N. Zachary, Assistant County Attorney CP:07-3691-CA;264 Page lof2 Agenda Item No. 16K1 June 9, 2009 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16K1 Meeting Date: Recommendation to approve a Stipulated Final Judgment in the amount of $13,600 for Parcel 156RDUE in the lawsuit styled Collier County v, Michael J. Crouch. et aI., Case No, 07-3691-CA (Oil Well Road Project 60044). (Fiscal Impact None.) 6/9/2009 90000 AM Prepared By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 5/20/200910:45:58 AM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & Construction Management 5/20/2009 11:17 AM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 5/20/200911 :21 AM Approved By Therese Stanley Grants Coordinator Date Transportation Transportation Administration 5/20/2009 2:45 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM.ROW 5/20/20093:53 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 5/21/20091:57 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 5/26/2009 1 :56 PM Approved By Jeff Klatzkovv County Attorney Date County Attorney County Attorne;> Office 5127/2009 11 :34 AM Approved By OMB Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 5/28/20098:39 AM file://C:\AgendaTest\Export\ 13] -June%209.%202009\] 6.%20CONSENT%20AGENDA \] 6K... . 6/3/2009 Page 2 of2 Agenda Item ~~o. 16~( 1 June 9. 2009 Page 3 of 7 Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 5/29/2009 1 :24 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 5/29/2009 5:31 PM file://C:\AllendaTest\ExD0l1\ 131-June%209.%202009\ 16.%20CONSENT%20AGENDA\16K... 6/3/2009 Agenda Item No. 16K1 June 9, 2009 Page 4 of 7 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, Petitioner, Case No. 07-3691-CA v. MICHAEL J. CROUCH, et al., Parcel: 156RDUE Respondents. / 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, MIGUEL and NORMA PEREZ, and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel I 56RDUE for Project No. 60044, 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, MIGUEL and NORMA PEREZ, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, MIGUEL and NORMA PEREZ, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Thirteen Thousand Six Hundred and No/IOO Dollars ($13,600.00) for Parcel I 56RDUE, 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 Aoenda Item No. 16K1 ~ June 9, 2009 Page 5 of 7 ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORlDA, is entitled to a credit for the good faith estimate of value previously deposited in the amount of $13,600.00; it is further ORDERED AND ADJUDGED that without further order of this court, the Clerk shall pay, within thirty (30) days hereof, the total amount of $13,600.00 to Respondents, MIGUEL and NORJ..1A PEREZ, payment to be delivered to 3025 Everglades Boule'vard, 1'-Jort.Li., Naples, Florida 34120-1575; it is further ORDERED AND ADJUDGED that Parcel 156RDUE for perpetual, non-exclusive, road right-of-way, drainage and utility easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner 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 4292, Page 557 of the Public Records of Collier County, Florida be dismissed as to Parce1156RDUE; it is further ORDERED AND ADJUDGED that pursuant to Section 74.051(4), F.S., the Clerk of Courts shall disburse the interest earned on the funds on deposit in the amount of $_, plus any additional accrued interest for parcel I 56RDUE, to the Board of County Commissioners, account number:_; 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 156RDUE and that have or could have been asserted in this cause; it is therefore 2 Agenda Item No. 16K 1 June 9, 2009 Page 6 of 7 DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _ day of ,2009. CYNTHIA A. PlV ACEK CIRCUIT COURT JUDGE conformed copies to: Ellen T. Chadwell, Esquire Miguel PerezINorma Perez E. Glenn Tucker, Esquire Kevin Hendricks, Acquisition Mgr./Transp. Accounting JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, MIGUEL PEREZ and NORMA PEREZ, hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcel I 56RDUE. Dated: 5 - I~ - 2009 Dated: ~OBERTN.ZACHARY ASSIST.-'\NT COUNTY ATTORNEY Florida Bar No. 816604 Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 - Telephone (239) 252-6300 - Facsimile A TTORNEY FOR PETITIONER MI L PE 30 5 Everglades Boulevard, North N pIes, Florida 34120-1575 (239) 352-9555 Dated: 5 ~ ('7' - 200 l( . N PEREZ 3025 Everglades Boulevard, North Naples, Florida 34120-1575 (239)352-1575 CP:07-369 1;258 3 Agenda Hem No. 16K1 June 9, 2009 Page 7 of 7 PROJECT~O. 60044 PROJECT ARCEL NO. 156RDUE PERPETU . NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTlUn- EASEMENT LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) EXHIBrT A Page-Lof-L:. THEIWEST 30 FEET OF THE EAST 60 FEET OF THE SOUTH 75 FEET OF 1t~HE NORTH 150 FEET OF TRACT 125, GOLDEN GATE ESTATES UNI NO. 69. AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PUB IC RECORDS OF COLLIER COUNlY, FLORIDA. CONTAINING 0.052 ACRES, MORE OR LESS. - ~._.._.... ,__'._h _.' _. ._..__ '_' ._.'_" _ .._.._.._ ,_ _.. _" _._ _.. _.. _, ._.. _.__..__._.' _.. _.._ ,"_.. EAS1" 1'll0PBm' U/lE t L ""= IW.F CII' DCISltlG 100 FOOT WIlIEEVERGI.AIlES 1lOllLEVAADlVGIIT-oF-lVAY (5DFEET) -.. . -..:.:.r.::...._.._. _"_,,,_,,_,,,_,._,,,_,,_,,_,,_,__,,_ ,._.._ .__.,_.._ . _..__._.. _."_ ..--._.._.. .. ~':'l.~.~~~Y.2!!~.. PeRPETUAl. NON-CXcwSJVE RCWJ RIOHT~F'MY. DAAlNAGE /\NO UTIlJTY EAsEMENT NORTH I.JIlE SOUTH 1'II0PeIl'lY UllE THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRt.CT 125 , : j ! ~ II [ NOT TO SCALE