Agenda 10/28/2008 Item #16K 5
Agenda Item No. 16K5
October 28, 2008
Page 1 of 8
-
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $32,000.00 for
Parcel 151RDUE in the lawsuit styled Collier County v. Luz Matlin, et at., Case No. 07-2850-
CA (Oil Well Road Project No. 60044). (Fiscal Impact $12,900.00)
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for
payment of full compensation, for the taking of Parcel 151 RDUE in the lawsuit styled Collier
County v. Luz Matlin, et. aI., Case No. 07-2850-CA (Oil Well Road Project No. 60044).
CONSIDERATIONS: Collier County has condemned a .052 acre parcel for a perpetual non-
exclusive road right-of-way, drainage and utilities easement (Parcel 151 RDUE) from homeowners
Marcelo Mercado and Lillian Guadalupe. The County's initial appraisal dated April 11, 2007,
valued the taking at $21,600.00. The County offered the owner $25,150.00 as the County's
statutory offer on June 2, 2007 based on the initial appraisal of $21,600.00 plus a settlement
incentive of $3,550.00. An updated appraisal, dated December 4, 2007, shows a declining market
value of $19,100.00 for the taking. An Order of Taking hearing was held on January 4, 2008, and
the County deposited the sum of $19,100.00 in the Court Registry. The owners' original counter
offer was $44,030.00, plus attorney's fees and expert fees and costs.
-
Staff recommends settlement in the an10unt of $32,000.00, inclusive of attorney's fees, expe11 fees
and costs. The settlement amount reflects the value of the land along with improvements taken
(driveway, landscaping, fill, clearing and grading), and severance damages for a reduction in the
setback of the residence to less than 100 feet from the new right-of-way, 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 amount, including
attorneys fees, expert fees and costs:
TOTAL:
$12.900.00
$12,900.00
FISCAL IMPACT: Funds in the amount of$12,900.00 will come from the Gas Taxes and Impact
Fee. Source of funds 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 151RDUE and payment of the funds as stated.
-
PREPARED BY: Robert N. Zachary, Assistant County Attorney
CP:07-2850;283
Page 1 of 2
Agenda Item No. 16K5
October 28, 2008
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K5
Meeting Date:
Recommendalion to approve a Stipulated Final Judgment in the amount of $32.000.00 for
Parcel 151RDUE in the lawsuit styled Collier County v. Luz Matlin et ai, Case No. 07-2850-
CA (Oil Well Road Project No 60044) (Fiscal Impact $12,900.00)
10/28/200890000 AM
Prepared By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/15/20084:38:29 PM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
1011512008 5:04 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TEeM-ROW
1011612008 9:16 AM
Approved By
Lisa Taylor
ManagemenUBudget Analyst
Date
Transportation Services
Transportation Administration
10116/2008 9:37 AM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
10116/200811 :23 AM
Approved By
Na,ieh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
10/161200812:37 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/16/20083:38 PM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
information Technology
10/17120088:15 AM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
10/17/20084:11 PM
file://C:\AgendaTest\Export\ 115-0ctober%2028,%202008\ 16.%20CONSENT%20AGEN...
10/22/2008
Page 2 of2
Agenda Item No. 16K5
October 28, 2008
Page 3 of 8
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/18/2008 6:24 PM
file://C:\AgendaTest\Export\ 115-0ctober%2028, %202008\ 16.%20CONSENT%20AGEN... 10/22/2008
Agenda Item No. 16K5
October 28, 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. 07-2850-CA
v.
LUZ MATLIN, et aI.,
Parcel: 151RDUE
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,
MARCELO MERCADO and LILLIAN GUADALUPE, by and through their undersigned counsel,
for entry of a Stipulated Final Judgment as to Parcel151RDUE, 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, MARCELO MERCADO and LILLIAN
GUADALUPE, and the Court being otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADmDGED that Respondents, MARCELO MERCADO and LILLIAN
GUADALUPE, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum
of Thirty-Two Thousand and No/IOO Dollars ($32,000.00) for Parcel 151RDUE 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, including attorneys
fees and expert fees and costs; it is further
Agenda Item No. 16K5
October 28, 2008
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
$19.100,00; it is further
ORDERED AND ADJUDGED that this Court recognizes a mortgage recorded at Official
Records Book 3755, Page 2600 of the Official Records of Collier County, held by CREATIVE
HOMES OF SOUTHWEST, FLORIDA, INC., in the current amount of Five Thousand Eleven and
941100 Dollars ($5,011.94); 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, MARCELO MERCADO and LILLIAN
GUADALUPE, the total sum of$14,088.06, 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 MARCELO
MERCADO and LILLIAN GUADALUPE; it is further
ORDERED AND ADJUDGED that within thirty (30) days hereof, the Clerk shall pay the
amount of $5,011.94, to CREATIVE HOMES OF SOUTHWEST FLORIDA, INC., 17549
Allentown Road, Fort Myers, Florida 33967; be it further
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay
an additional Twelve Thousand Nine Hundred and Noll 00 Dollars ($12,900.00) to Respondents,
MARCELO MERCADO and LILLIAN GUADALUPE, inclusive of attorneys fees, expert fees and
costs, and no further attorneys fees, expert fees and costs shall be awarded; it is further
ORDERED AND ADJUDGED that Petitioner shall pay. within thirty (30) days hereof, the
above-mentioned sum of Twelve Thousand Nine Hundred and No/lOO Dollars ($12,900.00), made
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
2
Agenda Item No. 16K5
October 28, 2008
Page 6 of 8
ORDERED AND ADJUDGED that fee simple title to Parcel 15IRDUE, a perpetual non-
exclusive road right-of-way, drainage and utilities 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 4273, Page 1769 of the Public Records of Collier
County, Florida be dismissed as to Parcel 151 RDUE; 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 $ made
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 ofParcellSIRDUE 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.
,2008.
HONORABLE CYNTIllA A. ELLIS
CIRCUIT COURT JUDGE
conformed copies to:
Robert N. Zachary, Esquire
Bella Y. Patel, Esquire
Creative Homes of SW, FL, Inc.
Kevin Hendricks, Acquisition Mgr.rrransp.
Accounting
3
Agenda Item No. 16K5
October 28, 2008
Page 7 of 8
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, MARCELO
MERCADO and LILLIAN GUADALUPE, hereby respectfully move for entry of the foregoing
Stipulated Final Judgment as to Parcel 151RDUE.
Dated:
BELLA 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
ATTORNEY FOR RESPONDENTS,
MARCELO MERCADO AND
LILLIAN GUADALUPE
Dated:
ra
ROBERTN. 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 of the foregoing has been furnished to the
parties listed on the service list below by U.S. mail, on this _ day of
2008.
SERVICE LIST
Marcelo Mercado / Lillian Guadalupe
c/o Bella Y. Patel Esquire
LA W OFFICE OF BELLA Y. PATEL, P.A.
13026 Waterford Run Drive
Riverview, FL 33569
CP:07-2850:282
ROBERTN. ZACHARY
ASSISTANT COUNTY ATTORNEY
Creative Homes of Southwest Florida, Inc.
c/o Mari M. Valle, Registered Agent
17549 Allentown Road
Fort Myers. FL 33967
4
Agenda Item No. 16K5
October 28,2008
Page 8 of 8
PROJECT ~. 60044
PROJECT CEL NO. 15'tRDUE
PERPETUA ,NON-EXCLUSIVE ROAD RIGHT-Of.WAY, DRAINAGE AND UTIUTY EASEMENT
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
p
THE!WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET
OF llHE SOUTH 1BO FEET OF TRACT 127, GOLDEN GATE ESTATES
UNI1NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE
PUB Ie RECORDS OF COLLIER COUN1Y, FLORIDA, CONTAINING
0.05 ACRES, MORE OR LESS.
_d__'_" .._'__h_..__._.._.._"_ ,,____.._.._u_ .._.__ .._., - .'-" -. ._-, .......- ,- -"-" -..-..-., _.-
_.,L..~~.~. _~!~!.~r~~~.~~,R~~~"- ..i~~~.._.._.._.._.._..
., _~,~~.~~AI!lIP".:!!:~~YJ!Jr;E;E!L..
PeRPE1'uAL., NON-EXCLUSM
ROAD RIGHT -oF.'W.Y, DRAINAGE
AND UTIUTY EASEMENT
NORTH PR R:1'YUIIE
00Tli PR
THE NORTH 75 FEET OF THE
SOUTH 160 FEET OF TRACT 127
i
I
<
,
j
j
(
,
I
N
---------- --
~
II
I
NOT TO SCALE