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Agenda 12/01/2009 Item #16K 7 Agenda Item No. 16K7 December 1, 2009 Page 1 of 8 EXECUTIVE SUMMARY .-'"" Recommendation to authorize a Stipulated Final ,Judgment in the amount of $9,750 for Parcel 152RDUE in the lawsuit styled Collier County, Florida v, Patricia K. Carlyle, et ai, Case No. 07- 2829-CA (Oil Well Road Project 60044). (Fiscal Impact $14,468) OBJECTIVE: That the Board of County Commissioners authorize the attached Stipulated Final Judgment for payment of full compensation, for the taking of Parcel 152RDUE in the lawsuit styled Collier County, Florida v. Patricia K. Carlyle, et ai, Case No. 07-2829-CA (Oil Well Road Project 60044). CONSIDERATIONS: Collier County has condemned a .052 acre parcel for a non-exclusive road right-of-way drainage and utility easement (Parcel 152RDUE) from property owner Patricia K. Carlyle. The County's initial appraisal dated February 9, 2007, valued the taking at $3,900. The County offered the owner $5,150 as the County's statutory offer on July 2, 2007 based on the initial appraisal of $3,900 plus a settlement incentive of $1 ,250. An updated appraisal, dated November 2, 2007, shows a declining market value of $1,800 for the taking. An Order of Taking hearing was held on January 4, 2008, and the County deposited the sum of $1,800 in the Court Registry. The owners' original appraisal was for $30,700, exclusive of attorney's fees and costs. .,- On October 30, 2009, the parties mediated the case and agreed to a settlement of $9,750 for Parcel I 52RDUE. This settlement agreement considers the owner's higher land value calculation and severance damage claim due to a change in the location from a rural two-lane road to an urbanized four/six lane thoroughfare, as well as avoidance of additional costs for trial. If approved, the County will be responsible for the following costs: Additional Amount Owed: · Attorneys fees and costs: Expert fees and costs: TOTAL $ 7,950 $ 1,518 $ 5.000 $14,468 * 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 ($9,750 - $5,150). FISCAL IMPACT: Funds in the amount of $14,468 will come from Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMP ACT: None. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNl RECOMMENDATION: That the Board of County Commissioners authorize the Stipulated Final Judgment as to Parcel I 52RDUE and authorize payment ofthe funds as stated. . , PREPARED BY: Robert N. Zachary, Assistant County Attorney #- CP:07-2829;203 , -" . .~',.. , ", ~ ~ 1'- <-'. Agenda Item No. 16K7 December 1. 2009 Page 2 of 8 .~..- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16K7 Recommendation to authorize a Stipuiated Finai Judgment in the amount of $9,750 for Parcel 152RDUE in the lawsuit styled Collier County, Florida v. Patricia K. Carlyle, et al. Case No. 07-2829-CA (Oil Well Road Project 60044). (Fiscallmpac! $14,468) 12/1/2009 9:00:00 AM Meeting Date: Prepared By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney 11/17/200911:02:11 AM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney 11/17/200912:37 PM Approved By Lisa Taylor ManagemenUBudget Analyst Date Transportation Division Transportation Administration 11/17/20094:15 PM Approved By Najeh Ahmad Director ~ Transportation Engineering Date Transportation Engineering & Transportation Division Construction Management 11/17/20094:30 PM Approved By Kevin Hendricks Manager ~ Right of Way Date Transportation Engineering & Transportation Division Construction Management 11/17/20094:39 PM Approved By Therese Stanley Manager. Operations Support. Trans Date Transportation Division Transportation Administration 11/17120094:44 PM Approved By Norm E. Feder, AICP Administrator. Transportation Date Transportation Division Transportation Administration 11/17/20094:46 PM Approved By Heidi F. Ashton Section Chief/Land Use.Transportation Date County Attorney County Attorney 11/17/20094:52 PM Approved By -- OMS Coordinator Date County Attorney County Attorney 11/18/20099:47 AM ---"".-., '-'--.. ...,.'''"'''-....- -'.-' . -._....w.-T..~.. Agenda Item No. 16K7 December 1, 2009 Page 3 of 8 Approved By Jeff Klatzkow County Attorney Date 11/19/20099:42 AM Approved By John A. Yonkosky Director. Management and Budget Date Office of Management & Budget Office of Management & Budget 11/19/2009 1 :42 PM Agenda Item No. 16K7 December 1, 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, Petitioner, Case No. 07-2829-CA v. PATRICIA K. CARLYLE, et aI., Parcel: 152RDUE Respondents. / 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 Respondent, PATRICIA K. CARLYLE, by and through her undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 152RDUE 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 Respondent, PATRICIA K. CARLYLE, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, PATRICIA K. CARLYLE, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Nine Thousand Seven Hundred Fifty and No/IOO Dollars ($9,750.00) for Parcel I 52RDUE, 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 ~'-'- . ___~'__._._.__w__ ~."~~,~- -,..-.,. '-- ----._-- r" Agenda Item No. 16K7 December 1, 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 $1,800.00; it is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay an additional Seven Thousand Nine Hnndred Fifty and NollOO Dollars ($7,950.00) to Respondent; it is further ORDERED AND ADJUDGED that Petitioner shall pay Respondent's attorney's fees and costs in the amonnt of One Thousand Five Hnndred Eighteen and Noll 00 Dollars ($1,518.00), and there shall be no additional attorney's fees and costs awarded in this case pursuant to Section. 73.092(1), Florida Statutes; it is further ORDERED AND AJUDGED that this Court reserves jurisdiction to consider and award attorney's fees pursuant to Section 73.092(2), Florida Statutes, should the case should be reopened for apportionment or other supplemental proceedings; it is further ORDERED AND ADJUDGED that Petitioner shall pay Respondent's expert fees and costs in the amonnt of Five Thousand and Noll 00 Dollars ($5,000.00), and there shall be no additional expert fees and costs awarded in this case; it is further ORDERED AND ADJUDGED that within thirty (30) days hereof, Petitioner shall pay the total sum of Fourteen Thousand Four Hnndred Sixty-Eight and Noll 00 Dollars ($14,468.00), to the Trust Acconnt of Blucher Law Group, LLC, 7300 Delainey Court, Sarasota, Florida 34240, for proper disbursement of compensation to Respondent, attomey's fees, expert fees and costs in accordance with this order; it is further ORDERED AND ADJUDGED that Parcel 152RDUE, being a 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 2 Agenda Item No. 16K7 December 1, 2009 Page 6 of 8 money heretofore made, is approved, ratified, and confirmed, and this judgment is based upon the right-of-way maps and plans provided to Defendant with the initial offer; it is further ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 4272, Page 3641 of the Public Records of Collier County, Florida be dismissed as to Parce1152RDUE; 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 52RDUE and that have or could have been asserted in this cause, 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 Paul A. Blucher, Esquire Kevin Hendricks, Acquisition Mgr.rrransp. ,..- 3 '---.-'-'-' -"""~"""'.--'--'---- _ n._,~~ ,. ,. '''.n ._ I' Agenda Item No. 16K7 December 1, 2009 Page 7 of 8 JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, PATRICIA K. CARLYLE, hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcel I 52RDUE. 111/,/0 Cj Dated: Dated: If ~ROBERT N. ZACHARY Florida Bar No. 816604 ASSISTANT COUNTY A TIORNEY Hannon Turner Building, 8th Floor 330 I East Tamiami Trail Naples, Florida 34] 12 (239) 774-8400 - Telephone (239) 252-6300 - Facsimile A TIORNEY FOR PETITIONER PAUL A. BLUCHER, ESQUIRE Florida Bar No. 860409 BLUCHER LAW GROUP, LLC 7300 Delainey Court Sarasota, FL 34240 (941) 361-1 145 - Telephone (941) 361-1146 - Facsimile A TIORNEY FOR RESPONDENT, PATRICIA K. CARLYLE CP:07-2829;200 4 , I . Agenda Item No. 16KY December 1. 2009 Page 8 of 8 . . PROJECTEO. 6llO44 PROJECT ARea NO. 152RDUE PERPE11J , NON-EXClUSIVE ROAD RIGHT-OF-WAY. DRAINAGE AND UTIUTY EASEMENT LEGAL DESCRlPTlOt:! & SKETCH (NOT A SURVEY) EXHIBIT ~~ I of Tf1E WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET OF~E SOUTH 105 FEET OF TRACT 121, GOLDEN GATE ESTATES UN T NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE PU UC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 0.052 ACRES, MORE OR LESS. -.--..-1.._.._.._ "_"_h..._.._.._.._.._.._._ _.._.._ '__"_"_"_"_'__" _.._.._u_.._.._..__._.. "-" . r:,.tlTflRClPElln'tl/lf I Wl!STMW'OF D8lJG1001'OO'l''JIIIbI:8EltQLAOII''lou.tvNtOI'lOHT..:Jf.WAY lSOFEETl/ '_"_"_.._.._.._.__.,_ n_,,_"_"_h_.'_,,_ "-' P~ADOmOHoILRn'tT.a=.wAYlllFEE1) , --..-..-..-..-.. -..-..-..-..-.._..-t r"-"-"-"-"-"-"- "-"-"-" ~~USlIIE RCloIll --OF_v. ClRAIN.\GE AlCJunUTYEI'DeI.~ I .~ ! :lOfW I '"I I , , THE NORTH 75 FEET OF TIiE SOUTK 105 FEET OF TRACT 127 . I I I j I I iSOlJTHPROI'ER1Yt.>>Il! I I , N ------- ~ ......... NOT TO SCALE .,,~. --...---.--...._..0.'...',...,...-- . .,-.~-"-,---.,., ' r"