Agenda 11/18/2008 Item #16K 3
Agenda Item No. 16K3
November 18, 2008
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $21,845.00 for
Parcel 164 in the lawsuit styled Collier County v. Juan Ramirez, et aL, Case No. 02-5166-CA
(Immokalee Road II Project No 6(018). (Fiscal Impact $15,960.85)
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for
payment of full compensation, for the taking of Parcel 164 in the lawsuit styled Collier County v.
Juan Ramirez, et. aI., Case No. 02-5166-CA (lmmokalee Road II Project No 60018).
CONSIDERATIONS: Collier County has condemned fee simple interest in a .60 acre parcel for a
utility easement to benefit the Immokalee Road II Project (Parcel 164) from property owners, Lewis
and Margaret King. The County's initial appraisal dated April 7, 2002, valued the taking at
$12,100.00. The County offered the owner $]2,100.00 as the County's statutory offer on May 24,
2002. An updated appraisal, dated April 24, 2003, shows a market value of $]5,100.00 for the
taking. An Order of Taking hearing was held on May 13, 2003, and the County deposited the sum
of $15, I 00.00 in the Court Registry. The County made an Offer of Judgment of $] 8, 120.00, which
was rejected. The owner made a reversed Offer of Judgment of $33,884.00, which was also
rejected.
In order to avoid additional costs of attorney's fees, expert fees and the costs of trial, staff
recommends settlement in the amount of $21 ,845.00 for the property, and $9,215.85 for attorney's
fees, expert fees and costs, for a total expenditure of $31,060.85. See attached Stipulated Final
Judgment. If approved, the County will be responsible for the following costs:
. Additional Deposit:
. Expert Fees and Costs:
. Statutory Attorney's Fees:
TOTAL
$ 6,745.00
$ 6,000.00
$ 3.215.85
$15,960.85
FISCAL IMPACT: Funds in the amount of $15,960.85 will come from the Gas Taxes and Impact
Fee. Source offirnds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ
RECOMMENDATION: That the Board of County Commissioners approve the Stipulated
Final Judgment as to Parcel 164 and authorize payment of the funds as stated.
PREPARED BY: Robert N. Zachary, Assistant County Attorney
CP:02-5] 66-C A;993
.~
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Agenda Item No. 16K3
November 18. 2008
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K3
Meeting Date:
Recommendation to approve a Stipulated Final Judgment in the amount af $21 ,845.00 for
Parcel 154 in the lawsuit styled Collier County v. Juan Ramirez. et aI., Case No. 02-5166-CA
(Immokalee Road II Project No 60018) (Flscallmpaot $15.96085)
11/18/2008 90000 AM
Prepared By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
11/5/20088:42:12 AM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
11/5/20089:11 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM-ROW
11/5/20089:12 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
11/5/20089:48 AM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
11/5/20084:08 PM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
11/5/2008 4 :30 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
11/6/20088:41 AM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
information Technology
11/6/200810:19 AM
Approved By
John A. Yonkosky
Diractor of the Office of Management
Date
County Manager's Office
Office of Management & Budget
11/6/20085:15 PM
file://C:IAuendaTestIExDortI116-November%2018.%202008116.%20CONSENT%20AGE... 11/12/2008
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l\genda Item No. 16K3
r,ovember 18. 2008
Page 3 of 8
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
11/6/20086:47 PM
file://C:\Al!endaTest\ExDort\ 116-Novemhero;;,2018.%202008\16.%20CONSFNT%20AGF... 11/12/2008
Agenda Item No. 16K3
November 18, 2008
Page 4 of 8
N 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. 02-5166-CA
v.
JUAN RAMIREZ, et aI.,
Parcel: 164
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,
LEWIS R. and MARGARET JEAN KING, by and through their undersigned counsel, for entry of
a Stipulated Final Judgment as to Parcel 164, 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, LEWIS R. and MARGARET JEAN KING, and the
Court being otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondents, LEWIS R. and MARGARET JEAN
KING, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of
Twenty-One Thousand Eight Hundred Forty-Five and No/100 Dollars ($21,845.00) for Parcel 164,
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
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, is
entitied to a credit for the good faith estimate of value previously deposited in the amount of
$15, I 00.00, which was previously disbursed for the benefit of Respondents; it is further
}<,Clenda item 1\10. 16K3
- November 18. 2008
Page 5 of 8
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay
an additional Six Thousand Seven Hundred Forty-Five and NollOO Dollars ($6,745.00) to
Respondents, LEWIS R. and MARGARET JEAN KING; it is further
ORDERED AND ADJUDGED that Respondents will receive, pursuant to ~73.092(]), F7a.
Stat., as statutory attorney's fees, the sum of Three Thousand Two Hundred Fifteen and 851100
Dollars ($3,2]5.85), and no other attorney's fees shall be awarded in connection with the above-
styled cause of action as it relates to Parcel 164; it is further
ORDERED AND ADJUGED that Respondents will rcccive Six Thousand and NolIOO
Dollars ($6,000.00), for expert fees and costs, and no other fees and costs shall be awarded herein;
it is further
ORDERED AND ADJUDGED that within thirty (30) days hereof, Petitioner shall pay the
total sum of Fifteen Thousand Nine Hundred Sixty and 85/100 Dollars ($]5,960.85), payable to the
Roetzel & Andress TRUST ACCOUNT, c/o Kelmeth A. Jones, Esquire, 2320 First Street, Suite
1000, Ft. Myers, FL 3390], for proper disbursement in accordance with this order; it is further
ORDERED AND ADJUDGED that fee simple title to Parcel 164, being fully described in
Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the
Order of Taking dated May 13, 2003, 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 3178, Page 2]93 of the Public Records of Collier
County, Florida be dismissed as to Parcel 164; it is further
ORDERED AND ADJUDGED that pursuant to Section 74.051(3), F.S., the Clerk of
Courts shall disburse the interest earned on the funds on deposit in the amount of $]9.85 made
2
Agenda Item No. 16K3
November 18. 2008
Page 6 of 8
payable to the Board of County Commissioners, c/o the Office of the County Attorney, 3301
Tamiami Trail, Naples, East, Florida 34112; 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 164 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
,20_.
HONORABLE CYNTHIA A. ELLIS
CIRCUIT COURT JUDGE
conformed copies to:
Robert N. Zachary, Esquire
Corncast Cablevision of the South, Inc.
E. Glenn Tucker, Esquire
Kevin Hendricks, Acquisition Mgr./Transp.
Accounting
3
Agenda item No. 16K3
November 18. 2008
Page 7 of 8
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUl\TY, FLORIDA. together with Respondents, LEWIS R. and
~[ARGARET JEAN KING, hereby respectfully move for entry of the foregoing Stipulated Final
Judgment as to Parcel] 64.
11cltcd:
I. ,>'"
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'---.
KENN H .t,./JONES, ESQUIRE
Florida ar t1. 0200158
ROET EL & ANDRESS
2120 RST ST. SU ITE 1000
FORT MYERS, fLORIDA 33901-3419
(239) 337-3850 - Telephone
(23<)) 337-0920 - Facsimile
ATTORNEY FOR RESPONDENTS.
LEWIS R. and MARGARET JEAN KING
~-;"L.--
Dated:
ROBERT N. ZACHARY
Florida Bar 1\:0. 816604
COUNTY ATTORNEY'S OFF]CE
HarnlOn Turner Building
3301 East Tamiami Trai]
Naples, Florida 34] 12
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimi]e
ATTORNEY FOR PETITIONER
CERTIFICATE OF SERV ICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
I i.S. mail to the parties listed below th,s _ day of November, 2008.
Lewis R King
Margaret Jean King
c/o Kenneth A. Jones, Esq.
2:120 First Street, Suite 1000
Fl. Myers. FL 3390]
ROBERT N. ZACHARY
ASSISTANT COUNTY ATTORNEY
Comeasl Cablevision ofthe South, me., a Colorado Corp.
CT Corporation System, its Registered Agent
I 200 South Pine Island Road
Planlation, Florida 33324
Coll1er County Tax Collector
c/o E. Glenn Tucker, Esq.
RHODES, TUCKER & GARRETSOr\
P 0. Box 887
Marco island, Florida 34146
('P 112-~ I ()(J.(',A.,'9lJ:!
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EXHIBIT -L
AttC;r;:: L \ b4
FEE SIMPl.1i
INTEREST
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Notes:
1. This 15 not a survey.
2. 80sll! of bearlng fs
plat.
3. Subject to easements,
reservations and
restrictions of record.
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4. All dImensIons orB plot
unll:)u otherwise noted.
DescriptIon:
The Northerly 79,43 feet of Tract 69, Golden Gote
Estotes, Unit 2D, as Recorded In Plol Sook 7. Page
80. at the Public Record. at Callier County, Florida,
ContainIng 0.603 acres, more or les:!,
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100 150
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Fl..... UC. NO. 5634
NOT VAUD WITHOUT E SIGNAtuRE AND
THE ORIGINAL RAISED SEAl.. OF A FLORIDA
LICENSED SURVEYOR AND "-AAPPER
SKETCH AND DESCRIPTION
WILKISON &
ASSOCIA TES
INC..
ENGINEERS, SURVEYORS ANa PLANNERS
3506 EXCHANGE AVE. NAPLES, FlA 34104.
(9<1) 643-2<04 FAX NO, (941) 643-5,n
FLORIDA BUSINESS LICENSE NO. LB5770
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Agenda Item No. 16K3
November 18, 2008
Page 8 of 8