Agenda 07/22/2008 Item #16K16Agenda Item No. 16K16
July 22, 2008
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners Approve the Proposed Joint
Motion for an Agreed Order Awarding Costs Relating to Parcel 169RDUE in the Collier
County v. Jose Munoz, et al., Case No. 07- 2823 -CA, Oil Well Road Project #60044. (Fiscal
Impact: $5,700.00).
OBJECTIVE: That the Board of County Commissioners approve the proposed Joint Motion for
the entry of an Agreed Order awarding expert appraisal fees and costs in the amount of $5,700.00
resulting from the condemnation of Parcel 169RDUE in Collier County v. Jose Munoz, et al., Case
No. 07- 2823 -CA.
CONSIDERATIONS: On December 11, 2007, the Board of County Commissioners approved a
Stipulated Order of Taking and Final Judgment for the payment of full compensation for the
acquisition of Parcel 169RDUE, which was owned by Respondent, Jose Munoz. Pursuant to
Section 73.091, Fla. Stat., the property owner is entitled to all reasonable and necessary costs
incurred in the defense of the eminent domain proceeding. As part of the costs incurred in their
defense, counsel for the property owner has submitted an invoice from N.A. Clarizio and
Associates, Inc. for appraisal services in the amount of $7,297.50. As a result of negotiation, the
parties have agreed to $5,700.00.
If approved, the County will pay the following costs:
• Appraisal Fees and Costs $5,700.00
TOTAL: $5,700.00
Attached is the proposed Joint Motion for Agreed Order.
FISCAL IMPACT: Funds in the amount of $5,700.00 are available in Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Joint Motion for Agreed Order for appraisal fees; and
2. Approve the expenditure of funds as stated.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney, Office of the County
Attorney
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Agenda Item No. 16K16
July 22. 2008
Page 2 of 5
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16K16
Item Summary:
Recommendation that the Board of County Commissioners
approves the Proposed Joint
Motion for an Agreed Order Awarding Costs Relating
to Parcel 169RDUE in the Collier
County v. Jose Munoz, at al., Case No. 07- 2823 -CA,
Oil Well Road Project #60044. (Fiscal
Impact $5.700.00).
Meeting Date:
7/22/2008 900.00 AM
Prepared By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
6/20/2008 2:10:11 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
6/23/2008 4:35 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
6/24/2008 8:40 AM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
6124/200810:15 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Engineering &
Transportation Services
Construction Management
6,24/2008 11:31 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
6/30/2008 5:07 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM -ROW
71712008 1:42 PM
Approved By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
7/7/2008 5:03 PM
.._. Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
7/812008 11:03 AM
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Page 2 of 2
Agenea Item No. 16K16
July 22. 2008
Page 3 of 5
Approved By
Susan Usher
Senior Management /Budget Analyst
Date
County Manager's Office
Office of Management & Budget
7/812008 1:10 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
County Manager's Office
71812008 4:01 PM
Commissioners
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Agenda Item No. 16K16
July 22.. 2008
Page 4 of 5
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,
V. Case No. 07- 2823 -CA
JOSE MUNOZ, et al., Parcel 169RDUE
Respondents.
AGREED ORDER AWARDING COSTS
THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, JOSE MUNOZ, by and through his
undersigned counsel, for entry of an Agreed Order Awarding Costs, and the Court, being fully
advised in the premises, it is hereby ORDERED AND ADJUDGED that:
1. Respondent, JOSE MUNOZ, shall recover from Petitioner, COLLIER COUNTY,
FLORIDA, the total sum of Five Thousand Seven Hundred and No /100 Dollars ($5,700.00)
for appraiser fees with respect to Parcel 169RDUE.
2. Petitioner, COLLIER COUNTY, shall pay this sum within thirty (30) days from
the date of this Order to N.A. Clarizio and Associates, Inc., 28471 U.S. Highway 19 North, Suite
504, Clearwater, FL 33761, for these fees.
3. This Court reserves jurisdiction regarding the unresolved issue of attorney's fees.
No other costs shall be awarded in this matter.
DONE AND ORDERED in Naples, Collier County, Florida, this day of
2008.
Circuit Court Judge
Conformed copies to:
Ellen T. Chadwell, Esquire
Bella Y. Patel, Esquire
Kevin Hendricks, Transportation Dept.
Accounting
JOINT MOTION
[Agenda Item No. 16K16
July 22, 2008
Page 5 of 5
The Parties, by and through their undersigned attorneys, hereby move for entry of the
foregoing Agreed Order Awarding Expert Fees.
Bella Y. ratel, Esquire
Florida Bar No.:
13026 Waterford Run Drive
Riverview, FL 33569
(813) 643 -2762- Phone
(813) 643 -2612- Facsimile
ATTORNEY FOR RESPONDENT:
JOSE MUNOZ
Dated:
Ellen T. Chadwel P
Assistant County ATmmey
Florida Bar No.: 983860
3301 East Tamiami Trail, 8ei Floor
Naples, Florida 34112
(239) 252 -8400 — Phone
(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 by
U.S. Mail to the parties listed below on this day of 2008.
ELLEN T. CHADWELL, ESQ.
PARCEL 169RDUE
Jose L. Munoz
c/o Bella Y. Patel, Esq.
Law Office of Bella Y. Patel. P.A.
13026 Waterford Run Drive
Riverview, FL 33569
07- 2823- CA/I996