Agenda 06/09/2009 Item #16K 2
Agenda Item No. 16K2
June 9, 2009
Page 1 of 10
"-
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $600,000 for
Parcel 133 in the lawsuit styled Collier County v. West Coast Development Corporation of
Naples, Inc., et al., Case No. 06-0708-CA (Santa Barbara Boulevard Project 62081). (Fiscal
Impact $397,700.)
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for
payment of full compensation, for the taking of Parcel 133 in the lawsuit styled Collier County v.
West Coast Development Corporation (~f Naples, Inc., et. al., Case No. 06-0708-CA (Santa Barbara
Boulevard Project No. 62081).
CONSIDERA TIONS: Collier County has condemned Parcel 133 for road-right-of-way, drainage
and utility easement frorn homeowners Sergio and Marian Birsa, pursuant to an Order of Taking
hearing held on August 4, 2006, and the County deposited the sum of $306,600 into the Court
Registry.
When less than all of the property is taken, an owner is entitled to compensation for damages to the
remainder. These severance damages are measured by the reduction in value to the remaining
property. The standard for determining the value of property is the fair market value at the time of
lawful appropriation. This particular parcel was taken by the County at the peak of the real estate
.- market in 2006. Appraisals of the property in the summer of 2006 returned a fair market value of
between 1.1 million and 1.5 million dollars.
As a result of the take, the County's appraiser recognized the pre-cure diminution in value to the
Birsa's property of approximately 35%. The settlement reflects this considerable severance damage
due to a reduction in setback from roadway from 175 feet to 60 feet (see attached aerial
photographs), and the property having gone from being a high-end suburban estate property to a
location 60 feet from a 10+ lane major urban arterial roadway. The settlement amount also reflects
the loss of an extensive landscape buffer, relocation of a well and irrigation system, and a cost to
cure to construct a new eight-foot high masonry wall along the frontage of Santa Barbara Boulevard
to enhance safety, increase privacy and reduce noise from the roadway as well as the cost of the
property taken.
The settlement reflects an assessment of litigation risks and costs, and is consistent with
compensation paid for neighboring parcels. If the attached Stipulated Final Judgment is approved,
the County will be responsible for the following costs:
Additional Amount Owed: $293,400
* Attorneys fees and expert fees costs: $104.300
TOTAL $397,700
* Attorney's Fees are mandated by 973.092, F.S.
<~
FISCAL IMPACT: Funds in the amount of $397,700 will come from Gas Taxes and Impact Fees.
Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
Agenda Item ~~o. 16K2
June 9, 2009
Page 2 of 10
Executive Summary
Page Two
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 Parce1133 and authorize payment of the funds as stated.
PREPARED BY: Robert N. Zachary, Assistant County Attorney
CP:06-0708-C A:829
2
Page 10f2
Agenda Item No. 16K2
June 9, 2009
Page 3 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K2
Meeting Date:
Recommendation to approve a Stipulated Final Judgment in the amount of $600,000 for
Parcel 133 in the lawsuit styled Collier County v. West Coast Development Corporation of
Naples, Inc., et al.. Case No. 06-0708-CA (Santa Barbara Boulevard Project 62081). (Fiscal
Impact $397,700.)
6/9/2009900:00 AM
Prepared By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
5/28/2009 2:42:24 PM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
5/28/20093:07 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM-ROW
5/28/20093:39 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
5/28/2009 3:57 PM
Approved By
Therese Stanley
Grants Coordinator
Date
Transportation
Transportation Administration
5128/20095:41 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
5/29120092:31 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
5/29/20093:34 PM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
6/1/20092:52 PM
Approved By
OMB Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
6/1120093:57 PM
file://C:\Ag:endaTest\ExDort\ 131-June%209.%202009\16.%20CONSENT%20AGENDA\16K... 6/3/2009
Page 20f2
Agenda Item t\!o. 16K2
June 9, 2009
Page 4 of 10
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
6/2/2009 10:50 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
6/21200912:36 PM
file://C:\AllendaTest\ExDort\ 131-June%209.%202009\ 16.%20CONSENT%20AGENDA\16K... 6/3/2009
Agenda Item No. 16K2
June 9, 2009
Page 5 of 10
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND
FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
Political subdivision of tbe State of Florida,
Case No.: 06-0708-CA
Petitioner,
Parcel: 133
v.
WEST COAST DEVELOPMENT
CORPORATION OF NAPLES, INC, ET AL ,
Respondents.
I
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA ("COUNTY"), by and through its undersigned counsel,
and Respondents, SERGIO and MARIAN BIRSA ("BIRSA"), by and through their
undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 133, Project
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, and the Court being otherwise fully advised in the premises thereof, it
is thereupon
ORDERED AND ADJUDGED that BIRSA, have and recover from COUNTY the
total sum of SIX HUNDRED THOUSAND and Noll 00 Dollars ($600,000.00) for Parcel
133, 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
~"
Agenda Item No. 16K2
June 9, 2009
Page 6 of 10
ORDERED AND ADJUDGED THAT the COUNTY is entitled to a credit for the
good faith estimate of value previously deposited in the amount of $306,600.00; it is
furth er
ORDERED AND ADJUDGED that the COlJNTY shall pay an additional TWO
HUNDRED NINETY-THREE THOUSAND FOUR HUNDRED and No/I 00 Dollars
($293.400.00) to BIRSA for Parcel 133; it is further
ORDERED AND ADJUDGED that the COUNTY shall pay an additional ONE
HUNDRED FOUR THOUSAND THREE HUNDRED and Noll 00 Dollars ($104,300.00)
as full payment for BIRSA's attorneys' fees, expert fees and costs; and no additional
attorney's fees or costs shall be awarded in this case except for such fees and costs that may
relate to the enforcement of this Final Judgment; it is further
ORDERED AND ADJUDGED that within thirty (30) days hereof, the COlJNTY
shall pay to Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, P.A., 800 North
Magnolia Ave., Suite 1500, Orlando, FL 32803, Three Hundred Forty-Seven Thousand
Seven Hundred and Noll 00 Dollars ($347,700.00), for proper disbursement of
Respondents' award, attorney's fees and costs, and expert fees and costs in accordance with
this order: it is further
ORDERED AND ADJUDGED that within thirty (30) days hereof, the COUNTY
shall pay to SERGIO and MARIAN BIRSA, 2881 Santa Barbara Blvd., Naples, Florida
34116. Fifty Thousand and Noll 00 Dollars ($50,000.00), it is further
ORDERED AND ADJUDGED that Respondent, SERGMAR, INC., is a company
owned and controlled by BIRSA, and is not claiming an interest in this case; it is further
ORDERED il~ND ADJLDGED that title to Parcel 133, a perpetual non-exclusive
road right-of-way, drainage and utility easement, being fully described in Exhibit "A"
Page 2 of 4
Agenda Item No. 16K2
June 9, 2009
Page 7 of 10
attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of
Taking dated August 4, 2006 and the deposit of money heretofore made, is approved,
ratified, and continued; it is further
ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled
cause and recorded in Official Record Book 4033, Page 304 of the Public Records of Collier
County, Florida be dismissed as to Parcel 133; 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 133, to the Board of County Commissioners,
account number: 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 ADJUDGED that this Order disposes of all claims arising out of
the taking of Parcel 133 and that have or could have been asserted in this cause; it is further
DONE AND ORDERED in Chambers at Naples, Collier County, Florida this
_ day of
,2009.
HUGH D. HAYES
CIRCUIT COURT JUDGE
Conformed copies to:
Robert N. Zachary, Esquire
Mark Leavitt, Esquire
i -
I
,
Page 3 of 4
Agenda item No. 16K2
June 9. 2009
Page 8 of 10
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, SERGIO
and MARIAN BIRSA, hereby respectfully move for entry of the foregoing Stipulated Final
Judgment as to Parcel 133.
Dated:
Dated: r"lc.. 'i ;) 71 .1 OJ J
~obert N. Zachary
Florida Bar No.8 I 6604
OFFICE OF THE COUNTY ATTORNEY
Hannon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
Telephone: (239) 252-8400
Fax: (239) 252-6300
~~
Mark R. Leavitt
Florida Bar No. 655600
Dean, Mead, Egerton, Bloodworth,
Capouano & Bozarth, P.A.
800 N. Magnolia Avenue, Suite 1500
Post Office Box 2346
Orlando, Florida 32802-2346
Telephone: (407) 841-1200
Fax: (407) 423-1831
Attorney for Petitioner
Attorneys for Respondents Sergio and
Marian E. Birsa
Page 4 of 4
00486856v J
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EXHIBIT
A.
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A~t::lluCl 11':HlI hlu. 16~"l.
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. GRAPHIC SCAlE
110
110.1
SOUTH 180'
OF TRACT 710
. NORTH 1SO'
OF TRACT 11
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. <Ii!.
GOLDtN GA TE: eSTA TES UNIT 30,
PLAT BOOK 7, PAGCS 58
.111
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109.1
109
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pERPFJlJAL.
ROAD
G& AND
E:ASEJ/ENT
m:r
PRO OSED
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PI:
lll-
!::!fi
~~
!of
eXISTING 53' EASD./ENT
FOR ~ O. W. PURPOSES
(PER PLAT)
GOLDeN GA TE:' UNIT 6,
PLAT BOOK ~ PAces 124-1.14
P.o. .
EAST LINE Of rC7lON 29
SANTA BARBARA BOULEVARD
P.o.c.
- s.F. CORNFJ1
1 OF TRier 1/0
345
GOLDtN GATE: CITY UNfT 6. PLAT BOOK 5, PAGES 124",,1J4
6
fJLOCK 226
2
lEGAL DFSCRIPllON
ALL THAT PART OF THe SOUTH 180 FErT OF TRACT "0. GOLDEN GATE:' eSTATES UNIT .10, PLAT BOOI< 7. PAGE
58. COWER COUNTY, FLORIDA. AND BEING UORE PAR71CULARL r OESCRIBED AS FOLLOWS;
COIJ./JENCING A T THE SOUTHEAST CORM:R OF SAID TRACT 110, A POtNT ON THE EAST UNC OF SECl10N 29,
TOWNSHIP 49 SOUTH, RANGE 26 eAST. CO/.LlER COUNTY, FLORIDA;
THENCE ALONe SOUTH LINE OF SAID TRACT Ita SOUTH 89'31'51" Kf'ST 53.00 FfIT TO THE POINT OF
BEGINNING; .
THENCE CONTlNUlNC ALONG SAID SOUTH TRACT UNE SOUTH S9:J1'51" WE'ST "'3.00 FEE.T:
THENCE LEAVING SAID SOUTH TRACT UNf NORTH 0075'20" Hf'ST 5.27 mr:
THENCE NORTHERLY 17.1.84 FEET ALONG me ARC or.A CIRCULAR CURVE: CONCAVF EASTERLY
HAVING A RADIUS OF 3,097.00 rrrT THROUGH A CENTRAL ANGLE OF oJ'f2'58" ANO BEfNG SUBTENDED BY A
CHORD WHICH ScARS NORTH 012"09- EAST '73.82 FEET;
THE:NCE NORm 8931'51" EAST '08.12 FEFr.' ...
THENCE SOUTH 0075'/9" EAST 180.00 FEH TO THE POINT OF BrGfNMNG.
CONTAINING- 20,058 SOUARE FEET MORE OR LESS.
SUBJECT TO EASfl(mTS.~,RESTRlCJ70NS OF RECORD.
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PARCEL NO. IJ:3
LEGEND:
~ " " "" " "i fl'cf.:r~T
~ PROPQSED
R.fJ.1I: !ASEJIONT
R.O.lf. .. RIGHT or WAY
P.O.s. .. POINT or I3EClNN.'NG
P. a.c. .. POINT OF COItfUENCafENr
LAM r .
fLORIDA RE'GlSmA is-/SS27
Nor VAUD UNtESS SIGNED BY THE: SURYfTOR AND
Sf/IUD Kfll-l 'IHr.. SURvt'I'r*'S EIJ80SSED SEAL .
ct:Rf1F7CA I'E: OF AlJll-IORIZA rtON I LB-~J
ItAIIllil __ IIt_
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._<ct NO~ 62081 ...ea. ""- I . r~ ~"" COUJER COUNTY.1RANSPORT....1lON .
,jli-" - ._- ."...- ENGlNEERING'l& COHS1RUCT1Otf IINIAGEME:Nr DtVfSlOH
".ils(lnMiller mw BfWG p~m~~gT'~~CT "0.
-.. ~........... ,,",-. """"-AnModo . T.....,...w..~ GaDE'N GAle: f'STAle'S UNIT ~D. PLAT BOOK 7, PAGE: 5!1.
WIocnI.IIor,h,. COWER CWN1Y, RGWDA
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