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Agenda 06/10/2008 Item #16K 2 Agenda Item No. 16K2 June 10. 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 ai., Case No. 07-2823-CA, Oil Well Road Project #60044. (Fiscal Impact: $3,800.00). OBJECTIVE: That the Board of County Commissioners approve the proposed Joint Motion for the entry of an Agreed Order awarding expert surveying fees and costs in the amount of $3,800.00 resulting from the condemnation of Parcel I 69RDUE in Collier County v. Jose Munoz, et ai., 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 1 69RDUE, 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 VanHorn & Associates, Inc., Land SlU'Veyors for surveying services in the amount of$4,540.00. As a result of negotiation, the parties have agreed to $3800.00. If approved, the County will pay the following costs: . Surveying Fees and Costs TOTAL: $3.800.00 $3.800.00 Attached is the proposed Joint Motion for Agreed Order. FISCAL IMPACT: Funds in the amount of $3,800.00 are available in Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDA T10N: That the Board of County Commissioners: I. Approve the Joint Motion for Agreed Order for surveying fees; and 2. Approve the expenditure of funds as stated. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney, Office of the County Attorney -- 07-2823-CA/1987 Item Number: Item Summary: Meeting Date: Page I of2 Agenda Item No. el6K2 June 10. 2008 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K2 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 at. Case No 07-2823~CA. Oil Well Road Project #60044. (Fiscal Impact $380000) 6/10/2008900.00 AM Prepared By Ellen T. Chadwell County Attorney Assistant County Attorney Date County Attorney Office 5/27/20082:10:00 PM Approved By Usa T ay lor Transportation Services Management/Budget Analyst Date Transportation Administration 5/27/20082:28 PM Approved By Najeh Ahmad Transportation Services Director Date Transportation Engineering & Construction Management 5/27/2008 2:44 PM Approved By Ellen T. Chadwell County Attorney Assistant County Attorney Date County A ttorney Office 5!28/200811:00 AM Approved By Sharon Newman Tiar.sportation Services Accounting Supervtsor Date Transportation Services Admin 5/28/2008 4 :41 PM Approved By Jeff Klatzkow County Attorney Assistant County Attorney Date County Attorney Office 5f29/2008 9:23- AM Approved By Kevin Hendricks Transportation Services Right Of Way Acquisition Manager :late TECM-ROW 5/29/20082:01 PM Approved By OMS Coordinator County Manager's Office OMB Coordinator Date Office of Management & Budget 5i30/2008 9:43 AM Approved By Susan Usher County Manager's Office Senior ManagementfBudget Analyst Date Office of Mz.nage-ment & Budget 6/2/20087:08 PM -filp-.//r.\ A np-nrl"To.d\l:'vT'\rH't\ 1 no I,"..p-O/-.')nl f"I 0/_ "){)')f"I(\Q\ 1 h O/..')f"I{"-n1\.I"I:'1\.ITO~ ')(1 ^ r:I:'l\ln ^ \ 1 t:.. t:../II/"){\(lQ Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 6/2.'20087:36 PM {,;lp.//r.\ A (.pn(t",T,eood\J:'vnr.,-t\ 1 ()O~ l"npO/A,n 1 n O/",fi,nnQ\ 1 h OJ,, ,()enl\.l~J:"1\,;TOI..,n ^ r:J:"l\.ln ^ \ 1 r:.. Page 2 of 2 itt2m f\la. "i6r(2 ..June! O. .:Z,Y"'3 Pa;:;e 3 0: 5 r:../;Jl'1nnQ Agenda Item No. 16K2 June 10. 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 aI., Respondents. Parcel 169RDUE / 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 their 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: I. Respondent, JOSE MUNOZ, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total swn of Three Thousand Eight Hundred and No/IOO Dollars ($3,800.00) with respect to Parcel 169RDUE for surveying fees. 2. Petitioner, COLLIER COUNTY, shall pay this sum within thirty (30) days from the date of this Order to Van Horn & Associates, Inc., Land Surveyors, 1225 West Brandon Boulevard, Brandon, FL 33511-4129, for these fees. 3. This Court reserves jurisdiction regarding the remaining unresolved fees and costs. DONE AND ORDERED in Naples, Collier County, Florida, this day of ,2008. Circuit Court Judge i:s~n No. 16K2 June 10, 2008 ?age5CJf5 Conformed copies to: Ellen T. Chadwell, Esquire Bella Y. Patel, Esquire Kevin Hendricks, Transportation Dept. Accounting JOINT MOTION The Parties, by and through their undersigned attorneys, hereby move for entry of the foregoing Agreed Order Awarding Expert Fees. Dated: Dated: Bella Y. Patel, Esquire Florida Bar No.: 13026 Walerford Run Drive Riverview, FL 33569 (813) 643-2762- Phone (813) 643-2612- Facsimile ATTORNEY FOR RESPONDENT: JOSE MUNOZ Ellen T. Chadwelv,;\../) Assistant County ~ey Florida Bar No.: 983860 3301 East Tamiami Trail, 8th 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 1. Munoz c/o Bella Y. Patel, Esq. Law Office of Bella Y. Patel. P.A. 13026 Waterford Run Drive Riverview, FL 33569 07.2823-CN1988