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Agenda 09/15/2009 Item #16K14 EXECUTIVE SUMMARY Agenda Item No. 16K 14 September 15, 2009 Page 1 of 8 Recommendation to approve a Stipulated Final Judgment in the amount of $83,000 for Parcel No. 179RDUE in the lawsuit styled Collier County v. Armando B. Yzaguirre, et a!, Case No. 07-2746-CA (Oil Well Road Project No. 60044) (Fiscal Impact $38,046.35). OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for payment of full compensation for the taking of Parcel 179RDUE in the lawsuit styled Collier County v. Armando B. Yzaguirre, et al., Case No. 07-2746-CA, Oil Well Road Project 60044. CONSIDERATIONS: Collier County has condemned a .121 acre parcel for perpetual, non- exclusive road right-of-way, drainage and utility easement (Parcel 179) from the property owners, Armando B. Yzaguirre and Sylvia B. Yzaguirre. As a result of the taking, the setback to the residence was reduced from 125 feet to 55 feet. The County's initial appraisal dated May 24, 2007, valued the taking at $55,900. The County offered the property owners $67,405 as the County's statutory offer on June 29, 2007. The offer was not accepted. A second appraisal dated December 4,2007, reflects a reduction in the value of Parcel 179 to $50,100. An Order of Taking hearing was held on January 9, 2008, and the County deposited the sum of$50,100 in the Court Registry. The owners' appraisal, which reflected a considerable damage, valued the taking at $118,600, not including attorney's fees and expert fees and costs. Staff recommends settlement in the amount of $83,000, which includes the land and improvements taken as well as damages and costs to cure. See attached Stipulated Final Judgment. If approved, the County will be responsible for the following costs: -- Additional Amount Owed: * Attorneys fees: TOTAL $32,900.00 $ 5,146.35 $38,046.35 * Attorney's Fees are mandated by S73.092, F.S., and are based on 33% of the total benefit achieved, i.e., 0.33 x ($83,000 - $67,405). FISCAL IMPACT: Funds in the amount of$38,046.35 will come from Gas Taxes and Impact Fees. Source of funds are Gas Taxes and Impact Fees. 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 GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the Stipulated Final Judgment as to Parcell 79RDUE and authorize payment of the funds as stated. PREPARED BY: Robert N. Zachary, Assistant County Attorney -... 07-2746-CA;1976 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: i ClI:;1;; i Vi ~ Agenda Item No. 16K14 September 15, 2009 Page 2 of 8 16K14 Recommendation to approve a Stipulated Final Judgment in the amount of $83,000 for Parcel No. 179RDUE in the lawsuit styled Collier County v. Armando B. Yzaguirre, et aI., Case No. 07-2746-CA (Oil Well Road Project No. 60044) (Fiscal Impact $38,04635). 9/15/20099:0000 AM Meeting Date: Prepared By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 8/20/2009 10:36:58 AM Approved By Lisa Taylor Management/Budget Analyst Date Transpor+..ation Services Transportation Administration 8/27/20098:33 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM-ROW 8/27/200912:18 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 8/28/200910:08 AM Approved By Therese Stanley Grants Coordinator Date Transportation Transportation Administration 8/28/2009 10:49 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 8/28/2009 1 :37 PM Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 8/28/20094:48 PM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & 9/1/20094:58 PM Construction Management Approved By OMB Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 9/2/200910:01 AM r-1 J ,,.--, \ .. 1 ...... ,\ 1 "'" AI ,....., .... / ....,..... _ '" ~ _,... _.............., ... __ #'0 , _ ...... ..-.. _ _ _~__ ___ .1- u6'"" ~ V1- ""' Agenda Item f\Jo. 16K 14 September 15, 2009 Page 3 of 8 Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 9/2/20094:00 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/3/2009 11 :04 AM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 9/3/20097:33 PM .L":.l_./In.\ A. __~_J_'T"'__L\I'_____.---L\1,",1I n Agenda Item No. 16K14 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 of Florida, l'-..) = (:-~ '-c ,~ w Petitioner, Case No. 07-2746-CA (HDIIt ::t::. v. Parcel: 179RDUE ARMANDO B. YZAGUIRRE, et al., w .- Respondents. I STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents, ARMANDO B. YZAGUIRRE and SYLVIA B. YZAGUIRRE, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel179RDUE 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, ARMANDO B. YZAGUIRRE and SYLVIA B. YZAGUIRRE, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, ARMANDO B. YZAGUIRRE and SYLVIA B. YZAGUIRRE, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Eighty-Three Thousand and Noll 00 Dollars ($83,000.00) for Parcel 179RDUE, as full payment for the property interest taken and for damages resulting to the remainder, ifless than the entire property was taken, and for all other damages in connection with said parcel; it is further 1 c: Oc ~" 211 ----' ~ -<' '- ~ , rr "~C .--i~ .=:;- D ' =-'7 I ~fT\ Agenda Item No. 16K14 September 15, 2009 Page 5 of 8 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$50, 1 00.00; it is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay an additional Thirty-Two Thousand Nine Hundred and Noll 00 Dollars ($32,900.00) to Respondents in this case; it is further ORDERED AND ADJUDGED that within thirty (30) days hereof, Petitioner shall pay the total sum of $32,900.00to the Paul A. Blucher Trust Account, c/o Paul a. Blucher, Esquire, 7300 Delainey Court, Lakewood Ranch, Sarasota, FL 34240, for proper disbursement in accordance with this Order; it is further ORDERED AND ADJUDGED that within thirty (30) days hereof, Petitioner shall pay the total sum of Five Thousand One Hundred Forty-Six and 35/100 Dollars ($5,146.35) to Paul A. Blucher, Esquire, 7300 Delainey Court, Lakewood Ranch, Sarasota, FL 34240, as total payment for attorneys fees and costs, excluding apportionment attorneys' supplemental fees and costs; it is further ORDERED AND ADJUGED that this Court reserves jurisdiction as to an award of expert fees and costs in this case as well as any attorney's fees incurred under Section 93.092(2), Florida Statutes; it is further ORDERED AND ADJUDGED that Parcel 179RDUE, which is a 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 9, 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 4217, Page 1339 of the Public Records of Collier County, Florida be dismissed as to Parcel 1 79RDUE; it is further 2 Agenda Item No. 16K 14 September 15, 2009 Page 6 of 8 ORDERED AND ADJUDGED that this Stipulated Final Judgment is based upon those construction plans and maps provided to Respondents with the initial offer in the instant matter and; 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 I 79RDUE 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 the Collier County Courthouse, Naples, Florida, this _ day of September, 2009. HONORABLE HUGH D. HAYES CIRCUIT COURT JUDGE conformed copies to: Robert N. Zachary, Esquire Paul A. Blucher, Esquire Ms. Delores Barker, Suntrust Mortgage, Inc. Kevin Hendricks, Acquisition Mgr./Transp. Accounting 3 Agenda Item No. 16K14 September 15, 2009 Page 7 of 8 JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, ARMANDO B. YZAGUIRRE and SYLVIA B. YZAGUIRRE, hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcel 179RDUE. Dated: 7/27/61 Dated: ~gJhu~oft PAUL A. LUCHER, ESQ IRE Florida Bar No. 860409 LAW OFFICE OF PAUL A.BLUCHER, P .A. 7300 Delainey Court Sarasota, Florida 34240 (941) 361-1145 - Telephone (941) 361-1146 - Facsimile ATTORNEY FOR RESPONDENTS, ARMANDO B. and SYLVIA B. YZAGUIRRE (Z.z, ROBERT N. ZACHARY Florida Bar No. 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 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy ofthe foregoing was mailed by U. S. Mail to the parties listed below on this the _ day of September, 2009. ROBERT N. ZACHARY ASSIST ANT COUNTY ATTORNEY Paul A. Blucher, Esq. Mortgage Electronic Registration Systems, Inc., as nominee for Suntrust Mortgage, Inc. c/o Ms. Delores Barker POBox 2026 Flint, MI 48501-2026 Corianna Martinez aka Corinna 1. Martinez 863 Chezy Street East Lehigh Acres, FL 33936 April M. Boutte Yzaguirre Gonzalez 1225 State Road 29 S. Palm & Pines Trailer Park-Lot 18 Felda, FL 33930 CP:07-2746-CA; 1982 4 Agenda Item No. 16K14 September 15, 2009 Page 8 of 8 I. . PROJECT NO. 60044 PROJECT PARCEL NO. 17SRDUE PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION & SKETCtI (NOT A SURVFEY) EXHmIT "A" 10f4 n.e EAST 70 FEET OF THE WEST 120 FEET OF THE NORTH 75 FEeT OF TRACT 1, GOLDEN GATE eSTATES UNIT NO. 65, AS RECORDED IN PLAT BOOK 5, PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.121 ACRES, MORE OR lESS. THE NORTH 75 FEET OF TRACT 1 ICUTIII'IIOI'eIl'I'IIIII ! I I : I ~1'ItOI'I!IlTY1..M !----.. -.. -.. --, -.. -.. -.. _..- p~~ RQ.\DRIOHr-4F-Mv, ~ AND U1'II.nY !Al!UENr ~ oVlDll1:lNU.lllIlHT.QF.WA.YllO I'l!El) -..-..-..-,. -... '-.-n_n___"_"_"_"_"_,'_.._n_.._.__.._.. "-"-"7-"-"-"-"-" /' WHWFCF ElCImIlIOOFOOrWllE IMIItUllEIIIOII.I\IMD NatIT-CF-\II'AY 1411 FEEIl T wur 1'IlCI'Elm'LN! ---.._.._.._u_.._.._.._.._.._.._.._.._.._.._..._.._.._..._.._"_"_"_"_"_.._n_"_"'_"_"_h NOT TO SCALE