Agenda 09/09-10/2008 Item #16K 7
AGENDA ITEM
No.
.-
SEP 0 9 200R
PlJ _ I -0 F- -::r-
--~ . (ftl:: I
EXECUTIVE SUMMARY
Recommendation to approve the payment of costs of $5,000 to be included in a Stipulated
Final Judgment for Parcel 214FEE in the lawsuit styled Collier County v. Jose Munoz, eta/.,
Case No. 07-2823-CA (Oil Well Road Project No. 60044). (Fiscal Impact $5,000.00)
OBJECTIVE: That the Board of County Commissioners approve the payment of all fees and
costs to be included in the Stipulated Final Judgment for payment of full compensation, for the
taking ofParcel214FEE in the lawsuit styled Collier County v. Jose Munoz, etaZ., Case No. 07-
2823-CA (Oil Well Road Project No. 60044).
CONSIDERATIONS: Collier County condemned a .0513 acre strip of right-of-way (Parcel
214FEE) from property owner, Rodolfo Mayor, for the Oil Well Road project. Prior to suit, staff
offered $51,300.00; however, due to a declining market, the value at the time of the Order of
Taking was $18,000.00. On June 10, 2008, as Agenda Item 16K5, the Board of County
Commissioners authorized' an Offer of Judgment in the amount of $32,200.00, which
Respondent has accepted. The parties have also negotiated the payment of expert witness fees
and costs in the amount of $5,000.00, and have included this provision in the previously
authorized Stipulated Final Judgment. See attached Stipulated Final Judgment and previous
agenda item 16K5. If approved, the County will be responsible for the following costs:
~
. Expert Fees and Costs
TOTAL
$ 5.000.00
$ 5,000.00
FISCAL IMP ACT: Funds in the amount of $5,000.00 are available in Gas Taxes and Impact
Fees. Source of funds are Impact Fees and/or Gas Taxes.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve the payment of
fees and costs to be incorporated with the Stipulated final Judgment as to Parcel 214FEE, and
authorize payment of the funds as stated.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
07.282312007
-
.'
Approved By:
Department
Transportation
Approval
Approved
AGENDA ITEM
No. _ ......_~._~_......
SEF . j )fH!~:
IY!i..,=.~.Dt.:t.
Date
8/29/20088:17 AM
II/J {/' I
/Ut",- (
Approved By:
Department
Approval
Trans. Eng. And Approved
Const. Mgmt.
Date
8/29/20088:18 AM
Approved By:
Department
Approval
County
Manager's Office Approved
Date
8/28/20086:19 PM
Approved By:
Department
Office of
Management
and Budget
Approval
Approved
Date
8/29/2008 11 :24 AM
ATTACHMENTS:
Name: Description:
Q Backuo CC v. Munoz - P214
_ Mavor0001.odf Backup June 10, 2008 Agenda item 16K5
[) Stio Final Judgment v. .
Munoz _ P214 _ MavorOQDiLp.d.t Stipulated Final Judgment
Type:
Backup Material
Backup Material
\ee II
COLLIER COUNTY, a political
subdivision of the State of Florida,
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR Cggi~E:C~~g~TY, FLORIDA N~GENDA ITEM
SEP () ~-; 20DR
_.~i"~r 1-_ .
- -~._-.,..-.......~.-
Petitioner,
Case No. 07-2823-CA
Parcel: 214FEE
JOSE L. MUNOZ, et aI.,
Respondents.
/
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, RODOLFO MAYOR ("Respondent"), by
and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel
214FEE, 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
Respondent, RODOLFO MAYOR, and the Court being otherwise fully advised in the premises
thereof, it is thereupon
ORDERED AND ADJUDGED that Respondents have and recover from Petitioner the
sum of Thirty- Two Thousand Two Hundred and No/IOO Dollars ($32,200.00) as full payment
for the property interests 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 parcels; it is further
ORDERED AND ADJUDGED that Petitioner will be entitled to a credit for the good
faith estimate of value previously deposited in the amount of $18,000.00; it is further
ORDERED AND ADJUDGED that Respondent shall receive the sum of Five Thousand
and Noll 00 Dollars ($5,000.00), for all expert witness fees and defense costs. There shall be no
other costs or attorney's fees, including fees for non-monetary benefits; it is further
1
{ N~~_:.ND_A_I_~~~_-'
:1 SEp. - -( j l€ \c 1
ORDERED AND ADJUDGED that within thirty (30)_J'~~ ~f ~:$r:%~~Llhi order,
---~~._~
Petitioner shall make an additional deposit in the amount of Fourteen Thousand Two Hundred
and Noll 00 Dollars ($14,200.00) to the Court registry, pending further order of this Court; it is
further
ORDERED AND ADJUDGED that within thirty (30) days of receipt of this Order,
Petitioner shall pay the sum of Five Thousand and No/lOO Dollars ($5,000.00) to Bella Y. Patel,
P.A. Trust Account, c/o Bella Y. Patel, Esq., 13026 Waterford Run Drive, Riverview, Florida
33569, for proper disbursement of expert witness fees and costs; it is further
ORDERED AND ADJUDGED that title to Parcel 214FEE, a road right-of-way, being
fully described in Exhibit "A" attached hereto and incorporated herein, which vested in
Petitioner, COLLIER COUNTY, 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 4272, Page 3598, et seq., of the Public Records of
Collier County, be dismissed as to ParceI214FEE; 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 the Court retains jurisdiction to enforce the terms of
this Stipulated Final Judgment; it is further
ORDERED AND ADJUDGED that this Order disposes of all claims arising out of the
taking of Parcel 214 FEE and that have or could have been asserted in this cause; it is further
ORDERED AND ADJUDGED that the compensation award is subject to the claims of the
mortgagee, if any; it is therefore
2
DONE AND ORDERED
I,. NO~--'.''''.".'' C.W:. /.
. SEP IJ:; ?Dfl>'
Ii Pg S- Q(l- 1-
.,- -:- . ' ~=-;.......-'
at Naples, Collier County, Florida, this _ day of
((PIc 1
September, 2008.
CYNTHIA A. ELLIS
CIRCUIT COURT JUDGE
Conformed copies to:
Ellen T. Chadwell, Esq.
Bella Y. Patel, Esq.
RBC Bank
Kevin Hendricks, ROW Acquisition Manager, Transportation
Accounting
3
NAGENDA ITEM
o.__,"",-~"",",
SE~ I); lfif,
pl, . . _lQ oL~)
,,,,.!!..-~_c,,..,:~~,, ;~.,::,~~__
JOINT MOTION FOR STIPULA TEI> FINAL JUDGMENT
\lp\LI
Petitioner, COLLIER COUNTY, fLORIDA, and Respondent, RODOLFO MAYOR,
respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcel 2 J 4FEE.
DOled:
Dated:
I
BELLA Y. TEL, ESQUIRE
Florida Bar No.: 961670
Bella Y. Patel, P.A.
13026 Waterford Run Drive
Rivef\'iew, FI. 33569
(&13) 643-2762 . Phone
(813) 643-2612 - Facsimile
ATI'ORNEY FOR RESPONDENT,
RODOLFO MAYOR
ELLENT: CHADWELL. ESQU~ .
Florida BarNo.: 983860 ~
Assistant County Attorney
3301 East Tamiami Trail, 8"' FI(Jor
Naples, Florida 34112
(239) 774-8400 - Phone
(239) 774.0225 - Facsimile
ATTORNEY FOR PEHTlONER
CERTIFICATE OF SERVICE
I HEREBY CERTIFY thaI a true and e<lfrect copy <lfthe foregoing has been lUrnished by
US mail to RBC Bank, 5105 Tamiami Trail, North, Naples, Florida 34103; and to Collier
County Tax Collector c/o E. Glenn Tucker, Esq., Rhodes Tucker & Garrcttson, P.O. Box 887,
Marco Island, FI. 34146 on this __ day ofSeplcmbcr, 2008.
ELLEN T. CHADWELL, ESQUIRE
CP:07-2S13.CA;2006
4
----...
...-" .... -- .....,. ". .,'"
PROJECT NO. 60044
PROJECT PARCEL NO. 214 FEE
FEE SIMPLE INTEREST
N~GENDA ITEM
-'''-''.~....".._.,,~"-
SEf.'; ".'-. '1""-
. . ';. '" I~ 1'.
li-!:li=_ J_~ .... L
----~--'
EXHIBIT 11
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THE WEST 100 FEET OF TAACT 55A, GOLDEN GATE ESTATES UNIT
NO. 55-A, AS RECORDED IN PLAT BOOK 9, PAGE 46 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 0.513 ACRES, MORE OR LESS,
FE" SIMPlE
INTEREST
--....
rdLWII!lmADlIllIHf..QF..WU.VtlNE&PMPBI'1YtM
.t'lllIUElIMlIIllDiIILIIliIft~Y"'fIII)
"
I
I
I
I
I
I
""'_....
TRACT 55A
N
o
R
T
H
NOT ro SCALE
(lPt I
7
, .
I
,
!
i