Agenda 12/02/2008 Item #16K 2
EXECUTIVE SUMMARY
Agenda Item No. 16K2
December 2, 2008
Page 1 of 10
Recommendation to approve a Stipulated Final Judgment in the amount of $51,900.00 for
Parcels 185RDUE and 185TDRE in the lawsuit styled Collier County v. Rupert Terry Dupree,
alk/a R. Terry Dupree, et al., Case No. 07-3328-CA (Oil Well Road Project 60044). (Fiscal
Impact $9,970.00)
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for
payment of full compensation, for the taking of Parcels 185RDUE and 185TDRE in the lawsuit
styled Col/ier County v. Rupert Teny Dupree, alkla R. Terry Dupree, ct. aI., Case No. 07-3328-CA
(Oil Well Road Project 60044).
CONSIDERATIONS: Collier County has condemned a .124 acre parcel for a perpetual non-
exclusive road right-of-way, drainage and utilities casement, and a temporary driveway restoration
easement (Parcels I 85RDUE and I 85TDRE) from homeowner Rupert Terry Dupree. The County's
initial appraisal dated March 21, 2007, valued the taking at $48,900.00 for Parcel I 85RDUE. The
County offered the homeowner $5],980.00 for Parcel I 85RDUE as the COWlty'S statutory offer on
July 3, 2007, based on the initial appraisal of $48,900.00 plus a settlement incentive of $3,080.00.
An updated appraisal, dated November 14,2007, shows a declining market value of $41,900.00 for
the taking of Parcel I 85RDUE. An Order of Taking hearing was held on January 4, 2008, and the
County deposited the sum of $42,100.00 in the Court Registry for Parcels 185RDUE and
I 85TDRE. The owners' original counter offer was $89,730.13, plus attorney's fees and expert fees
and costs.
Staff recommends settlement in the amoWlt of $51,900,00, inclusive of attorney's fees, expert fees
and costs. The settlement amount reflects the value of the land with the potential for future
commercial/retail development along with improvements taken (driveway, fencing, entrance gates,
landscaping, fill, site clearing and grading), as well as negotiated attorney's fees, expert fees and
costs. See attached Stipulated Final Judgment.
If approved, the County will be responsible for the following costs:
Additional settlement amoWlt, including
Attorney's fees, expert fees and costs:
Clerk's Fees
TOTAL:
$ 9,800.00
$ 170.00
$ 9,970.00
FISCAL IMPACT: Funds in the amount of $9,970 will come from the Gas Taxes and Impact
Fees. Source of funds are Gas Taxes and Impact Fees.
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 Parcels 185RDUE and 185TDRE and authorize payment of the funds as
stated.
PREPARED BY: Robert N. Zachary, Assistant County Attorney
CP:07-3328;179
Page I of 2
Agenda Item No. 16K2
December 2, 2008
Page 2 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 $51 ,900.00 for
Parcels 185RDUE and 185TDRE in the lawsuit styled Collier County v, Rupert Terry Dupree,
a/k/a R Terry Dupree, el aI., Case No. 07-3328-CA (Oil Well Road Project 60044) (Fiscal
Impact $9,970.00)
12/2/2008 9:0000 AM
Prepared By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
11/13/200810:05:28 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM-ROW
11/13/20081:44 PM
Approved By
Norm E. Feder, Ale?
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
11/13/20082:13 PM
Approved By
Lisa T ay lor
ManagemenUBudget Analyst
Date
Transportation Services
Transportation Administration
11/13/20082:45 PM
Approved By
Brian Hancock
Operations Support Manager
Date
Transportation Division
Transportation Administration
11/13/2008 2:48 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
11/14/20089:52 AM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
11/14/20082:13 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
11/17/20084:57 PM
Approved By
OMS Coordinatcr
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
11/18/20088:31 AM
fi le://C :IA"enda T estlExnortl 11 7 -Decem her%202_ %20200RI 1 Ii %70('ONS ENT%?O A G EN
11/?'i/?OOR
Page 2 of2
Agenda Item No. 16K2
December 2, 2008
Page 3 of 10
Approved By
John A. Y onkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
11/18/20084:39 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
11/18/20085:38 PM
file://C:\AQendaTest\ExDort\ 117-December%202.%202008\ l6.%20CONSENT%20AGEN... 11/25/200R
Agenda Item No. 16K2
December 2, 2008
Page 4 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 the State of Florida,
Petitioner,
Case No. 07-332&-CA
v.
RUPERT TERRY DUPREE aIkIa
R. TERRY DUPREE, et ai"
Parcels: 1&5RDUE,185TDRE
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,
RUPERT TERRY DUPREE, aIkIa R. TERRY DUPREE, TERRY DUPREE INe., by and through
their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcels I 85RDUE and
185TDRE, 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, RUPERT TERRY DUPREE, aIkIa R. TERRY DUPREE, TERRY DUPREE INC"
and the Court being otherwise fully advised in the premises thereof, it is thereupDn
ORDERED AND ADmDGED that Respondents, RUPERT TERRY DUPREE, aIkIa R.
TERRY DUPREE, TERRY DUPREE INC., have and recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Fifty-One Thousand Nine Hundred and No/IOO Dollars
($51,900.00) for Parcels I 85RDUE and 185RDUE, 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, attorneys fees and expert fees and costs in connection with said parcels; it is further
Agenda Item No. 16K2
December 2, 2008
Page 5 of 10
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
$42, I 00.00 it is further
ORDERED A"II) ADJUDGED that Respondents will receive, pursuant to S73 .092(1), Fla,
Stat., as a reasonable attorney's fee and expert witness fees and defense costs in the sum of Nine
Thousand Eight Hundred and No!100 Dollars ($9,800.00). Except as provided herein, no
attorney's fees or other costs shall be awarded in connection with the above-styled cause of action
as it relates to Parcels I 85RDUE and I 85TDRE; it is further
ORDERED AND ADJUDGED that within thirty (30) days hereof, Petitioner shall pay the
total sum of Nine Thousand Eight Hundred and Noll 00 Dollars ($9,800.00), 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 that disbursement of the funds on deposit shall be by further order of this
Court; it is further
ORDERED AND ADJUDGED that fee simple title to Parcels 155RDUE, a perpetual non-
exclusive road right-of-way, drainage and utilities easement, and 185TDRE, a temporary
driveway restoration 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 4284, Page 1714 of the Public Records of Collier
County, Florida be dismissed as to Parcels 185RDUE and I 85TDRE; it is further
2
Agenda Item No. 16K2
December 2, 2008
Page 6 of 10
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 Parcels 185RDUE and 185TDRE, 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(s); it is therefore
DONE AND ORDERED in Chambers at Naples, Collier County, Florida. this
day of
,20_,
HONORABLE CYNTHIA A. ELLIS
CIRCUIT COURT JUDGE
conformed copies to:
Robert N. Zachary, Esquire
Bella y, Patel, Esquire
Sandra Little, Esquire
Countrywide Homes Loans, Inc.
Countrywide Bank, N.A,
E. Glenn Tucker, Esquire
Kevin Hendricks, Acquisition Mgr./Transp,
Accounting
3
Agenda Item No. 16K2
December 2, 2008
Page 7 of 10
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, RUPERT
TERRY DUPREE, aIkIa R. TERRY DUPREE, TERRY DUPREE INC., hereby respectfully
move for entry of the foregoing Stipulated Final Judgment as to Parcels 185RDUE and
185TDRE.
1\\510~
) ,)
r~, V~ tL\
BELL~ y, PATEL, ESQ.
Florida Bar No. 896489
LAW OFFICE OF BELLA Y. PATEL, P.A.
13026 Waterford Run Drive
Riverview, FL 33569
(813) 643-2762 - Telephone
(813) 643-2612 - Facsimile
A TTOR.>.JEY FOR RESPONDENT,
RUPERT TERRY DUPREE, aIkIa
R. TERRY DUPREE, TERRY DUPREE INe.
Dated:
CP:07-3328,!8!
Dated: 1/. /2 - C> [3
R~C~Y ~
Florida Bar No. 816604
ASSISTANT COUNTY ATTORNEY
Harmon Turner Building, 8th Floor
3301 East Tamiarni Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 252-6300 - Facsimile
ATTORNEY FOR PETITIONER
4
Agenda Item No, 16K.2
December 2, 2008
Page 8 of 10
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
U.S, mail to the parties listed below on this the _ day of November, 2008,
Rupert Terry Dupree aIkIa R, Terry Dupree
Dupree, lnc.
c/o Bella Y. Patel, Esquire
LA W OFFICE OF BELLA Y. PATEL, P.A.
13026 Waterford Run Drive
Riverview, FL 33569
Mortgage Electronic Registration System, lnc,
c/o Sandra A. Little, Esquire
Law Office of David J, Stem, P,A.
801 South University Drive, Suite 500
Plantation, FL 33324
Countrywide Bank NA
10600 Tamiarni Trail North #603
Naples, FL 34108
ROBERTN. ZACHARY
ASSISTANT COUNTY ATTORNEY
Collier County Tax Collector
c/o E. Glenn Tucker
Rhodes, Tucker & Garretson
p, 0, Box 887
Marco Island, Florida 34146
Countrywide Home Loans, lnc.
c/o The Prentice-Hall Corporation System, lnc,
120 I Hays Street, Suite 105
Tallahassee, FL 32301
5
Agenda Item No. 16K2
December 2, 2008
Page 9 of 10
PR~ECT NO, 60044
PR ECT PAR lS NO, 185RDUE
PE, PETUAl, N~-EXCLUSIVE ROAD RIGHT-Of-WAY, DRAINAGE AND UTILITY EASEMENT
LEGAL DESCRIPTION AND SKETCH
(NOT A SURVEY)
EXHIBITL
PageL of ;c:..
THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 180
FEET O~ TRACT 117, GOLDEN GATE EST,... TES, UNIT NO. 64, AS
RECORq>ED IN PLAT, BOOK 7, PAGE 64 OF THE PUBLIC RECORDS
OF COL~IER COUNTY, FLORIDA;
CONTAINING 0.124 ACRES, MORE OR LESS.
-..-..-..-..-. r" --.-..-..-..';"" "-.--.,--.----..-..-..-.---.-.-----..-.---.-.--.,-..-- --.-.__..
EAST PROF"eRTY LINE
j
_..~-~~~-~_..~~~-~.~ .._~:~~~~_..- ._~:._.~~~~_.._.._..- .
-rOPOSEDAOOiJ~RlGHT-OF.w...v(JOFlc:"1').....-'" .. _'. _.. _.
"ERP=N-EXCtUSIIIB
!lOAD RIGHT .\\ilIY, ORAlNAGE
AND EASEMENT
THE
SOUTH
laO
FEET
OF
TRACT
117
<( NORTH <
" NDTTD SCALE
Agenda Item No, 16K2
December 2, 2008
Page 10 of 10
EXHIBIT .uA _ _
Page~
LEGAL D!=SCR/P710N AND SKETCH
TemporaIY Dnveway Restoration Easement Pwcel No, 185 TORE
(This is nql a Fleld SuN"'"
B!INGS AND DIMENSIONS SHOWN ARE
BAS ON 'THE PLAT OF GOI..DEN ClATE
ESl: TES, UNrr 64, COLUER COUNTY, FL.
SHEET 1 OF 1
LaML~.c:AICI 1"f'Ir~1IY~_r^
STATE 011' ~lE ~n:w l.8t1$11ll.
Cl..EN1': ~OO./CH2t.HU.
.-M.
STAT'EOf
~ECT: ex.. W6..L AOAD
'":\"0-,;.' .<,:-....
04'TE: APlL 18, 2007
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