Agenda 07/22/2008 Item #16K 6Agenda Item No, 16K6
July 22, 2008
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $80,000.00 for
Parcel No. 191RDUE in the lawsuit styled Collier County v. Pablo Sardinas, et al., Case No. 07-
2824-CA (Oil Well Road Project No. 60044). (Fiscal Impact $36,600.00)
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for
payment of full compensation, attorney's fees and costs, for the taking of Parcel 191RDUE in the
lawsuit styled Collier County v. Pablo Sardinas, et. al., Case No. 07- 2824 -CA (Oil Well Road
Project No. 60044).
CONSIDERATIONS: Collier County has condemned .052 acres for a perpetual, non - exclusive
road right -of -way, drainage and utility easement (Parcel 191RDUE) from homeowner Antonio
Gonzalez. The County offered the owner $58,825.00 as the County's statutory offer on June 29,
2007, based on the initial appraisal of $54,300.00 plus a settlement incentive of $4,525.00. An
Order of Taking hearing was held on January 4, 2008, and the County deposited the sum of
$62,400.00 in the Court Registry, based on an updated appraisal.
Both appraisers found that the property suffered damage from the take as a result of a reduced
setback but differed on amount from $13,000 to $26,200. There were also large differences in the
appraisers' opinions as to the value of improvements, especially landscaping, within the take area
and the costs to cure the property. Substantial improvements existed in the area of the take with
estimated values from $27,400 (County's appraiser) to $57,700. Each appraiser had estimated a
cost to cure the property and those values ranged from $20,200 (County appraiser) to $56,200. The
owner claimed total compensation in the amount of $143,200.00.
This case was mediated pursuant to Court Order on May 28, 2008, and the parties reached
settlement. See attached Stipulated Final Judgment. If approved, the County will be responsible
for the following costs:
Additional Deposit: $17,600.00
Attorney's Fees, Expert Fees and Costs: $19,000.00
TOTAL $36,600.00
This item is legally sufficient for Board action.
FISCAL IMPACT: Funds in the amount of $36,600.00 will come from the Transportation
Supported Tax Fund and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve the Stipulated
Final Judgment as to Parcel 191 RDUE and authorize payment of the funds as stated.
"" PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
CP:07- 2824- CA:241
Page 1 of 1
Agenda Item No. 16K6
July 22, 2008
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16K6
Item Summary:
Recommendation to approve a Stipulated Final Judgment in the amount of $80.000 for
Parcel No. 191 RDUE in the lawsuit styled
Collier County v. Pablo Sardmas, at al., Case No.
07- 2824 -CA (Oil Well Road Project No
60044). (Fiscal Impact $36,600.00)
Meeting Date:
7/22/2008 9:00:00 AM
Prepared By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
6123/2008 9:00:14 AM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
6124/2008 8:38 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Engineering &
Transportation Services
Construction Management
6/24/2008 11:33 AM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
71712008 10:51 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM -ROW
7/7/2008 3:40 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
7/8/2008 4:14 PM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
719/2008 9:33 AM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
719/2008 10:24 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
7/9/2008 1:32 PM
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Agenda liem No. 16K6
July 22, 2008
Page 3 of 6
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,
N
Petitioner,
V. Case No. 07- 2824 -CA
PABLO M. SARDINAS, et al.,
Parcel No.: 191 RDUE —
Respondents. c
STIPULATED FINAL JUDGMENT
THIS CAUSE, having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, ANTONIO GONZALEZ, by and through his
undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel No. 191RDUE, the
Court finding that ELIZABETH CAMPO, is the spouse of ANTONIO GONZALEZ and has an
interest in Parcel 191RDUE, and that the compensation to be paid by Petitioner, COLLIER
COUNTY, FLORIDA, is the full compensation due Respondent, ANTONIO GONZALEZ and
ELIZABETH CAMPO, and the Court being otherwise fully advised in the premises thereof, it is
thereupon
ORDERED AND ADJUDGED that Respondent, ANTONIO GONZALEZ and
ELIZABETH CAMPO, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of
Eighty Thousand and No /100 Dollars ($80,000.00) as full payment for the property interests
taken and for damages resulting to the remainder, if less than the entire property was taken,
business damages, and for all other damages in connection with said parcels; it is further
Agenda Item No. 16K6
July 22, 2008
Page 4 of 6
ORDERED that Petitioner will be entitled to a credit for the good faith estimate of value
previously deposited in the amount of Sixty -Two Thousand Four Hundred and No /100 Dollars
($62,400.00); it is further
ORDERED that Respondents shall receive the sum of Nineteen Thousand and No /100
Dollars ($19,000.00) for all attorney's fees, expert fees and costs, and no other attorney's fees,
expert fees and costs shall be awarded in this cause; it is further
ORDERED that within thirty (30) days of receipt of this Order, Petitioner shall pay the
total amount of Thirty -Six Thousand Six Hundred and No /100 Dollars ($36,600.00) made
payable to Bella Y. Patel, P.A. Trust Account for Antonio Gonzalez, Law Office of Bella Y.
Patel. P.A., 13026 Waterford Run Drive, Riverview, FL, 33569, for proper disbursement in
accordance with this Order; it is further
ORDERED that title to Parcel No. 191 RDUE, a perpetual, 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, COLLIER COUNTY, FLORIDA, 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 that the Notice of Lis Pendens filed in the above - styled cause and recorded in
Official Record Book 4272, Page 3616 of the Public Records of Collier County, Florida, be
dismissed as to Parcel No. 191 RDUE; it is further
ORDERED 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 $_ , via wire
transfer from the Clerk of Courts to the Board of County Commissioners, Account # 339- 163659-
600444; it is further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records
of Collier County, Florida; it is further
Agenda Item No. 16K6
July 22, 2008
Page 5 of 6
ORDERED that this Court retains jurisdiction to enforce the terms of this Stipulated
Final Judgment; it is therefore
DONE AND ORDERED in Naples, Collier County, Florida, this day of
, 2008.
CYNTHIA A. ELLIS
Circuit Court Judge
Conformed copies to:
Ellen T. Chadwell, Esquire
Bella Y. Patel, Esquire
Mortgage Electronic Registration Systems, Inc. c/o CT Corporation System
E. Glenn Tucker, Esquire
Kevin Hendricks, Transportation Dept.
Accounting
JOINT MOTION
The Parties hereby stipulate and respectfully request this Court to enter the foregoing
Stipulated Final Judgment as to Parcel No. 191 RDUE and state as follows:
1. ELIZABETH CAMPO is lawfully married to Respondent, ANTONIO GONZALEZ,
and has an interest in the compensation to be paid for the taking of Parcel 191 RDUE.
2. ANTONIO GONZALEZ has requested that ELIZABETH CAMPO be named as a
recipient of the compensation and that the funds be disbursed to the undersigned for further
disbursement to ANTONIO GONZALEZ and ELIZABETH CAMPO.
Florida Bar No.: 961670
Law Offices of Bella Y. Patel, P.A.
13026 Waterford Run Drive
Riverview, Florida 33569
(813) 643 -2762- Phone
ATTORNEY FOR RESPONDENTS
ANTONIO GONZALEZ
07- 2824 -CA239
Dated:
Ellen T. Chadwel
Assistant County Altolmey
Florida Bar No.: 983860
3301 East Tamiami Trail, 8`" Floor
Naples, Florida 34112
(239) 252 -8400 — Phone
(239) 252 -6300 — Facsimile
ATTORNEY FOR PETITIONER
Agenda Item No. 16K6
July 22, 2008
Page 6 of 6
PROJECT NO. 80044
PROJECT PARCEL N0.191RDUE
PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -0F -WAY, DRAINAGE AND UTILITY EASEMENT
LEGAL DESCRIPTION & SKETCH EXHIBIT A
(AIOTASURVEYJ Page-LL-0-7
THE WEST 30 FEET OF THE EAST 80 FEET OF THE NORTH 75 FEET
OF THE SOUTH 105 OF TRACT 119, GOLDEN GATE ESTATES UNIT
NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE,PUBLIC
RECORDS OF COLLIER COUNTY. FLORIDA.
CONTAINING 0.052 ACRES, MORE OR LESS
0
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I
NOT TO SCALE
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