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Agenda 06/24/2008 Item #16K 4 Agenda Ilem No. 16K4 June 24, 2008 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment in the amount of $57,850 for Parcel 128FEE in the lawsuit styled Collier County v. Carlos Alvarez, et al., Case No. 07-2882- CA (Oil Well Road Project No. 60044). (Fiscal Impact $14,000) OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for payment of full compensation, for the taking ofParcel128FEE in the lawsuit styled Collier County 1'. Carlos Alvarez et al.. Case No, 07-2882-CA (Oil Well Road Project No. 60044), CONSIDERATIONS: Collier County seeks to condemn a 21 foot deep (,159 acre) parcel for right-of-way (Parcel 128FEE) from homeowner Mayte Puron. The County's initial appraisal on May 24, 2007, valued the taking at $47,700. The County offered the owner $57,850 as the County's statutory offer on June 29, 2007 based on the initial appraisal of $47,700 plus a settlement incentive of $10,150. An updated appraisal, dated December 4, 2007, shows a declining market value of $44,000 for the taking. An Order of Taking hearing was held on January 9, 2008, and the County deposited the sum of$44,000 in the Court Registry. The attached Stipulated Final Judgment and Joint Motion for Stipulatcd Final Judgment reflects the initial appraisal amount of $47,700 and the settlement incentive of $10,150. Staff recommends settlement of $57,850 because it agreed to extend its offer, subject to Board approval, to be consistent with other settlements and to avoid attorneys fees and costs. See attached Stipulated Final Judgment. If approved, the County will be responsible for the following costs: . Additional Deposit: . Clerk's Fee: . Expert Fees and Costs: . Other Defense Costs: . Statutory Attorney's Fees*: TOTAL $ 13,850 $ 150 $ 00 $ 00 $ 00 $ 14,000 FISCAL IMPACT: Funds in the amount 01'$14,000 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 128FEE and authorize the deposit of funds into the Court Registry and payment of the funds as stated. ~ PREPARED BY: Robert N. Zachary, Assistant County Attorney CP:07-2882-CA;701 Item Number: Item Summary: Meeting Date: Page 1 of 2 Agenda Item No. 16K4 June 24, 2008 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K4 Recommendation to approve a Stipulated Final Judgment in the amount of $57,850.00 for Parcel 128FEE In the lawsuit styled Collier County v. Carlos Alvarez, el aI., Case No. 07. 2882-CA 10il Well Road Project No. 60044) (Fiscal Impact $13.950) 6/24/200890000 AM Prepared By Kay Nell County Attorney Certified Legal Assistant Date County Attorney 6/11/200811 :01 :57 AM Approved By Jeff Klatzkow County Attorney Assistant County Attorney Date County Attorney Office 6/12/2008 11 :01 AM Approved By Sharon Newman Transportation Services Accounting Supervisor Date Transportation Services Admin 6/12/200811:09 AM Approved By Lisa Taylor Transportation Services ManagementlBudget Analyst Date Transportation Administration 6/1212008 12:54 PM Approved By Kevin Hendricks Transportation Services Right Of Way Acquisition Manager Date TECM-ROW 6112120083:27 PM Approved By Norm E. Feder, A1CP Transportation Services Transportation Division Administrator Date Transportation Services Admin. 6112/20083:34 PM Approved By Najeh Ahmad Transportation Services Director Date Transportation Engineering & Construction Management 6/12/20083:49 PM Approved By OMS Coordinator County Manager's Office OMB Coordinator Date Office of Management & Budget 6/12120084:13 PM Approved By John A. Yonkosky County Manager's Office Director of the Office of Management Date Office of Management & Budget 6112120087:40 PM file:IIC:IAgendaTestIFxnortl 11 O-Jllneo/'.?074%?0700RI 1 Ii %?OrONSFNT%?OAr.FNOA \ 1 li/l RI?OOR Page 2 of 2 Agenda Item No. 16K4 June 24, 2008 Page 3 of 6 Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 6/15/20087:43 PM file://C:IAQendaTestIExnortll ] O-June%2024.%20200R\ lfi%20(,ONSFNT%70AGFNDA \ I. fill R1700R Agenda Item No. 16K4 June 24, 2008 Page 4 of 6 IN THE CIRCUIT COURT OF THE TWF.NTlETH JUDICIAL cmcu IT IN AND FOR COLLIER COUNTY, }<'LORIDA CIVIL ACnON Ca~e No.: 07-2882-CA ~ ':: ., ~ "" cP ~ 1;: ,...\, ~. =2:~ \. ' ~~ COLLIER COUNTY, FLORIDA, a political suhdivision ofthe State of Florida, Petitioner, "Yl<;;1 ~'l;:;: ~..ti .~ . Parcel No.: 128FEE <fI >'" vs. c;ARLOS ALVAREZ, et aI., Respondents. / STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made hy Petitioner, COLLIER COUNTY, FLORIDA, by and through [he wldcrsigned counsel, and Respondent, MA YTE PURON (hereafter "Respondent"), for entry of Ii Stipulated Final Judgment as to Parcel 128FEE, and it appearing to the Court that the parties are authorized to muke such motion, the Court tinding that the compensation to he paid hy Petitioner, COLLIER COUNTY, FLORIDA, is the ful! compensation due Respondent, MA YTE PURON, and the Court being otherwise fully advised in the premises thereof, it is thereupon, ORDERED AND ADJUDGED that Respondent, MA VTE PURON, have and recover from Petitioner. COLLIER COUNTY, FLORIDA, the sum of Fifty-Seven Thousand Eight Hundred Fifty Dollars and No/I 00 (S57,850.00) fur Parcel 1 28FEE as full payment fur the property interes1S taken and for damages resulting to the remainder, ifless than the entire property was taken, business damages, and fOr all other damages in C<Jnneclion with said parcels; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, has previously deposited the aroowlt of Forty-Four Thousand Dollars and No/IOO ($44,000.00) into the registry of the Clerk n ).I., 11 OW,RURRI RF:RL:RO-Ro-c;n L\genda Item No. 16K4 June 24. 2008 Page 5 of 6 of the Cn-cuit Court toward the acquisition of Parcel 128FEE at which time title to said parcel 8S described in Exhibit. A" vested in the name of Petitioner; it is further ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORlDA, shall deposit an additional Thirteen Thousand Eigbt Hundred Fifty Dollan and No/1oo ($13,850.00) ioto thc registry of the Clerk of the Circuit Court fur thc benefit of Respondent, MA YTE PURON; it is further ORDERED that disbursement ofthe funds on deposit shall be by further order ofthis Court; it is further ORDERED that title to Parcel 128PEE, a Fee Simple Interest, heing fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, FLORfDA, pursuant to the Order of Taking dated January 9,2008, and the deposit of money heretoforc made, is approved, ratified, and confirmed; it is further ORDERED that this Court reserves jurisdiction to enforce the term~ ofthi~ Stipulated Final Judgment; it is further ORDERED that the Notice of Lis Pendens filed in this action and recorded in Official Record Book 4274, Page 2074, al '''q., of the Public Records of Collier County, Florida be dismissed as to Parcel128FEE; it is further ORDERED that this Stipulated Final Jud~ment is subj~ct to approval by the Board of County Conunissioners; it i~ further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefurc 2 o Ie 11 OTnF8U98L 8E: 8f: 80-80-90 Agenda Item No. 16K4 June 24, 2008 Page 6 of 6 DONE AND ORDERED in Chambers at Naples, Collier County, Florida this __ day o~____.___-, 2008. CIRCUIT COURT JUDGE Conformed Copi~: Robert N. Zachary, Esquire E. Glenn Tucker, Esquire Mayte Puron Southstar Funding, LtC Mortgage Electronic Registration System, Inc. Rodolfo MesaIMartha Mesa Daniel De La NovalJRosabel De La Noval Kevin Hendricks, Acquisition MgrfTransp. Bookkeeping JOINT MOTTON FOR STJPm.ATED FINAL JUDGMENT The parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel I 28FEE. Dated: L_ . Dated:.__..eQ~=-..L2---=- {).!? ...__ ~~ ,Jl- 6-/0-62{" RO ER N CHARY. ESQUIRE Florida Bar No, 08 I 6604 COLLIER COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 - Telephone (239) 252.6300 - Facsimile ATTORNEY FOR PETITlONER 3 Q /0 Ii 07M8U981 Rr :8l :eO-R0-S0