Agenda 09/15/2009 Item #16K 7
Agenda Item No. 16K7
September 15, 2009
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $6,000 for Parcel
119DE in the lawsuit styled Collier County v. Alexander G. Christou, et aL, Case No. 07-4923-
CA (Santa Barbara Boulevard Extension Project 60091). (Fiscal Impact $3,000)
OBJECTIVE: That the Board of County Commissioners approve the attached Stipulated Final
Judgment for payment of full compensation, for the taking of Parcel 119DE in the lawsuit styled
Collier County v. Alexander G. Christou, et. al., Case No. 07-4923-CA (Santa Barbara Boulevard
Extension Project 60091).
CONSIDERA TIONS: Collier County has condemned a .025 acre parcel for a perpetual non-
exclusive drainage easement (Parcel 119DE) from property owners Alexander Christou and
Diamond Christou. The County's initial appraisal dated July 9, 2007, valued the taking at $3,100.
The County offered the owner $3,875 as the County's statutory offer on August 30, 2007, based on
the initial appraisal of$3,100 plus a settlement incentive of$775. The offer was not accepted. An
updated appraisal, dated January 17, 2008, shows a declining market value of $3,000 for the taking.
An Order of Taking hearing was held on March 7, 2008, and the County deposited the sum of
$3,000 in the Court Registry. The owners' counsel suggested a counter offer of $40,000-$50,000,
plus attorney's fees and expert fees and costs.
-.
Staff recommends settlement in the amount of $6,000. This is a global settlement, which includes
compensation for the parcel and attorney's fees, expert fees and costs. The benefit of acceptance of
such settlement is to avoid the owners' additional fees and costs and the expense of mediation
(which averages $1,500 - $2,000 per case) and trial. If approved, the County will be responsible for
the following costs:
Additional amount owed inclusive of attorney's fees, expert fees and costs: $3,000
FISCAL IMPACT: Funds in the amount of $3,000 are available in Gas Taxes and/or Impact
Fees.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. This is a regular
item requiring simple majority vote. RNZ
RECOMMENDATION: That the Board of County Commissioners approve the Stipulated
Final Judgment as to Parcel 119DE and authorize payment of the funds as stated.
-
PREPARED BY: Robert N. Zachary, Assistant County Attorney
CP:07-4923-CA;3139
1. Cll$~ 1. V1. "-
Agenda Item No. 16K7
September 15. 2009
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K7
Meeting Date:
Recommendation to approve a Stipulated Final Judgment in the amount of $6,000 for Parcel
119DE in the lawsuit styled Collier County v. Alexander G. Christou, et aI., Case No. 07-
4923-CA (Santa Barbara Boulevard Extension Project 60091). (Fiscal Impact $3,000)
9/15/2009 9:00:00 AM
.L u5'" k V~ .t-
Agenda Item No. 16K7
September 15, 2009
Page 3 of 8
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
9/2/2009 10:08 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
9/2/2009 12:08 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
9/2/20096:34 PM
.c.l _ _ 11".\ A.
_1 ~ .\ T"'
Agenda Item No. 16K7
September 15, 2009
Page 4 of 8
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 ofFlorid~
Petitioner,
Case No. 07 -4923-CA
v.
ALEXANDER G. CHRISTOU, et al.,
Parcels: 119DE
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,
ALEXANDER G. CHRISTOU and DIAMOND CHRISTOU, by and through their undersigned
counsel, for entry of a Stipulated Final Judgment as to Parcel 119DE for Project No. 60091, 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,
ALEXANDER G. CHRISTOU and DIAMOND CHRISTOU, and the Court being otherwise fully
advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondents, ALEXANDER G. CHRISTOU and
DIAMOND CHRlSTOU, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the
total sum of Six Thousand and Noll 00 Dollars ($6,000.00) for Parcell19DE, 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. 16K7
September 15, 2009
Page 5 of 3
ORDERED AND ADnJDGED that Petitioner, COLLIER COUNTY, FLORIDA, is
entitled to a credit for the good faith estimate of value previously deposited in the amount of
$3,000.00; it is further
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay
an additional Three Thousand and No/IOO Dollars ($3,000.00) to Respondents, inclusive of
attorney's fees, expert fees and costs, and no other attorney's fees or costs shall be awarded in this
case; it is further
ORDERED AND ADJUGED that without further order of the Court, that within thirty (30)
days hereof, the Clerk shall pay to Respondents, ALEXANDER G. CHRISTOU and DIAMOND
CHRISTOU, the total balance of $3,000.00, 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 Respondents,
ALEXANDER G. CHRISTOU and DIAMOND CHRISTOU; it is further
ORDERED AND ADJUDGED that within thirty (30) days hereof, Petitioner shall pay the
total sum of Three Thousand and No/IOO Dollars ($3,000.00), 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 Parcel 119DE, being a perpetual non-exclusive
drainage easement fully described in Exhibit "A" attached hereto and incorporated herein, which
vested in Petitioner pursuant to the Order of Taking dated March 7,2008, 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 4309, Page 3340 of the Public Records of Collier
County, Florida be dismissed as to Parcel 119DE; it is further
2
Agenda Item No. 16K7
September 15, 2009
Page 6 of 8
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 $52.48, plus any
additional accrued interest for parcel 119DE, to the Board of County Commissioners, account
number 338-168658-60091.1; 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 119DE 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 September, 2009.
HONORABLEHUGHD.HAYES
CIRCUIT COURT JUDGE
conformed copies to:
Robert N. Zachary, Esquire
Bella Y. Patel, Esquire
Kevin Hendricks, Acquisition Mgr.rrransp.
Clerk's Office - Accounting Department
3
Agenda Item No. 16K7
September 15, 2009
Page 7 of 8
JOINT MOTION FOR STIPULATED FIN AL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, ALEXANDER
G. CHRISTOU and DIAMOND CHRISTOU, hereby respectfully move for entry of the
foregoing Stipulated Final Judgment as to Parcel 119DE.
· Dated:
BELLA . PATEL, ESQ.
Florida Bar No, S96.ot89-Qft 11,10
LAW OFFICE OF BELLA Y. PATEL, P.A.
13026 Waterford Run Drive
Riverview, FL 33569
(813) 643-2762 - Telephone
(813) 643-2612 - Facsimile
A'ITORNEY FOR RESPONDENTS,
ALEXANDER G. CHRISTOU and
DIAMOND CHRISTOU
CP:07-4923-CA:3 J 38
Dated:
~ROBERT N, ZACHARY
Florida Bar No. 816604
ASSISTANT COUNTY A TIORNEY
Harmon Turner Building, 8th Floor
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
AITORt'\lEY FOR PETITIONER,
COLLIER COUNTY, FLORIDA
4
Agenda Item No, 16K7
September 15, 2009
Page 8 of 8
peRPenw., NOH-iXa.IJ8IYE
DfWNA(H! UtNIWfT
EXHIBIT A
SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLfER CO UN TY, FLORIDA
"I
t:1
~.~
~fll
~~
I
I
~
'i'
I
I
I .._.._~-~~~~~~.:l,,_..~.._
~m ;1 ~
;~~lf II ~
Q. ~~; 0;
~
6
PI4RCEL NO. tllm:
PRQPERTY 0MNEJt t.I AANEW:'a II. CNrnTDU
RUERDlCE: IUI Ill. lOll. 2!1
FOfJO NO.1 I1114lll1t4l11m
AltO. OF TNCll ,,.0 !IIl.-n
,IIlEA OF RnwNDCR: .!U2 -. ~
SCALe ,. ... 80'
SUlJ.GT ro A JQ~ 1
-~~~~..
PNlc:a. 120 fEE
__"Ill
I
CIlfWS "0040
-"-"r'-"-" ~~
:11 1 5! I: It .......If
I il; I!n!
;~.. I I~I
~~ I 01; ~Inn ...
~s~ .01 ' 1=
... II.!,
;: I I t ~I~ l!5!! li,J
fiT _ J'" ~ I >> ~;;i !i
Ii I ~! ! i~ ~~i
I = 'I !.'
I ! I~"
I~I~ "I il
I~ V
~~.i ! I
rJ
~I~ &0"
II !fl!
~ ..,.
Id i\ ~
..... \ !il! I~I Q
I \~
II .\ g
t: ~ i~i i
;~ . 1 IL
I ,
~ \ .,;~
ci
10
......
~
-
OR_
......... -- .......... - - -a
~ ..... .... -. ,. ,..... .... .... ....... .. MAlt _ I
'- ..... - ....... ....... ..... ..... .... ...... II. .... ......
~ .. ............. ... .. ... ... . ... ,.. .
. .....~ ,.,~:~.s.~.~~p.. '~3.S
: I.. 8co"OAitP:J ~.'~~,'2DD7'
~WH BY:---"'A.bl PR~cTtK~.:.Il.5:::.QQA1
~CN:1 NO:!I!I,g-SQ1D I'IIE kO: 9~U