Agenda 04/22-23/2008 Item #16K 5
Agenda Item No, 16K5
April 22, 2008
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment for Parcel 170RDUE in the
lawsuit styled CC v. Jorge A. Romero, et ai, Case No. 07-2681-CA (Oil Well Road Project
No. 60044). (Fiscal Impact $15,830)
OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final
Judgment for payment of full compensation, expert fees and costs, for the taking of Parcel
170RDUE in the lawsuit styled Collier County v, Jorge A. Romero, et ai, Case No. 07-2681-CA
(Oil Well Road Project No, 60044).
CONSIDERA TIONS: In early 2007, prior to suit, staff offered the Respondent, Jorge A.
Romero, $67,830, which was not accepted, for the taking of a road right-of-way, drainage and
utility easement needed for improvements to Everglades Boulevard as part of the Oil Well Road
project. Thereafter the County acquired the subject property by entry of an Order of Taking and
by depositing the sum of $52,000 into the court registry. Staff and the owner, Romero, have
agreed to the original offer amount of $67,830 as full compensation for the taking of Parcel
170RDUE and propose the attached Stipulated Final Judgment which provides that $15,830 will
be disbursed to Romero for purposes of relocating the well and restoring other improvements to
the property, with the remaining $52,000 being disbursed to the mortgagee, Staff considers the
- proposed settlement reasonable, particularly in light of the fact that no defense costs, attorney's
fees, expert fees and mediation costs are sought by Romero in the proposed settlement. Attached
is the Stipulated Final Judgment.
If approved, the County will pay the following costs:
. Additional Compensation:
TOTAL
$ 15.830.00
$ 15,830,00
FISCAL IMPACT: Funds in the an10unt of $15,830.00 are available in the FY 08 adopted
budget. Source of funds are Impact Fees and/or Gas Taxes,
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
I. Approve the Stipulated Final Judgment as to Parcel] 70RDUE;
2. Approve the expenditure of funds as stated.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
07-2681-CA/223
-
Item Number:
Item Summary:
Meeting Date:
Page 1 of2
,~,genda !tern No, 16K5
April 22, 2008
, Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K5
Recommendation to approve a Stipulated Final Judgment for Parcel 170RDUE in the lawsuit
styled CC v, Jorge A, Romero, et ai, Case No Q7-2681-CA (Oil Well Road Project No.
60044) (Flscallmpac! $15,830)
4/22/2008 90000 AM
Prepared By
Ellen T. Chadwell
County Attorney
Assistant County Attorney
Date
County Attorney Office
4/712008 11 :04:14 AM
Approved By
Ellen T. Chadwell
County Attorney
Assistant County Attorney
Date
County Attorney Office
4171200811 :43 AM
Approved By
Usa Taylor
Transportation Services
Management/Budget Analyst
Date
Transportation Administration
4/7/20081 :59 PM
Approved By
Najeh Ahmad
Transportation Services
Director
Date
Transportation Engineering &
Construction Management
41812008 1 :39 PM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
4!8i2008 3:24 PM
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Date
Transportation Services Admin
4/8/20084:49 PM
Approved By
Kevin Hendricks
Transportation Services
Right Of Way Acquisition Manager
Date
TECM.ROW
4/812008 5:30 PM
Approved By
Jeff Kiatzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
4110/200810:29 AM
Approved By
OMS Coordinator
County Manager's Office
OMB Coordinator
Date
Office of Management & Budget
4110120081 :27 PM
file://C:\A!:!endaTest\ExDort\ 1 05-Aoril%2022.%202008\ 16.%20CONSENT%20AGENDA \ 1 m 4/16/2008
Page 2 of2
A.genda Item t'Jo. 16K5
~,pril 22, 2008
Page 3 of 3
Approved By
Susan Usher
Seni::)r Management/Budget Analyst
Date
County Manager's Office
Office of Mar.a;)ement &. Budget
4/11/200811 :34 AM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4/13/20087,06 PM
file://C:\AQcndaTest\ExnoI1\ 1 05-Anril%2022.%202008\ 16,%20CONSENT%20AGENDA \ I.., 4/16/2008
Agenda item No. ! 6K5
April 22, 2008
Page 4 of 8
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN A1\D FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the Statc of Florida,
Petitioner,
v,
Case No, 07-2(,81-CA
JORGE A. ROMERO, ct ai,
Parcel No,: 170RDUE
Respondents.
/
STIPULATED FINAL JUDG\IENT
TH IS CAUSE, having come bcfore the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORlDA, and Respondcnts. JORGE A, ROMERO and MORTGAGE
ELECTRON IC REGISTRA nON SYSTEMS as nominee for First Franklin, by and through
their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel I70RDLiE, the
Court finding that the compensation to be paid by Petitioncr, COLUER COUNTY, FLORIDA,
is the full compensation due Respondent, JORGE A, ROM ERO, and the Court being otherwise
fully advised in the premises thereof. it is thereupon
ORDERED AND ADJUDGED that Respondent. JORGE A, ROMERO, receive from
Petitioncr, COLUER COlTNTY, FLORlDA. the sum of Sixty-Seven Thousand Eight
Hundred Thirty and No/lOO Dollars ($67,830.00), as full payment for the property interests
taken and for damages resulting to the remainder, if less than the entire propeT1y was taken.
business damages, defcnse costs including allomcy's fecs. and for all other damages In
connection with said parcel: it is fUliher
A,Qenja !t'3rn f--Ja. ! 6K5
April 22, 2008
Fage 5 of 8
ORDERED that Petitioner will be entitled to a credit for the good faith estimate of \alue
previously deposited in the amount of $52,000; it is further
ORDERED that no a!tomey's fees or cxpel1 fees and costs shall be awarded in this cause;
it is further
ORDERED that within tbil1y (~O) days of entry of this Order, Petitioner shall pay the sum
of Fifteen Thousand Ei~ht Hundred Thirty and /lioIlOO Dollars ($15,830.00) to Respondent
JORGE A, ROMERO, made payable to Jorge A, Romero, 4~16 13th Street W.. Lehigh Acres. FL
~3<J71; it is fUl1ber
ORDERED that Clerk of Courts shall 1'0l1hwitb disburse the sum of Fifty-Two Thousand
and "ioIlOO Dollars ($52.000.00) to Respondent, MORTGAGE ELECTRONIC
REGISTRA nON SYSTE'v!S, as nominee for First Franklin, to be applied to all outstanding or
past due payments. and thereafter to the principal owing under the mortgage for the benelit of
ROMERO, made payable to ADORI\O & YOSS LLP TReST ACCOUNT, c/o Gregg S. Ahrens,
Esquire, 2525 Ponce de Lcon Boulevard. Suite 400, \1iami. Florida 33134; it is fcuiher
ORDERED that First Franklin shall prO\'ide to Respondent, JORGE A, ROMERO, within
tbirty (~O) days ofreeclpt of funds. a written statement showing that the funds have been applied to
any dcli:lquent amounts Clnd'or the prIncipal of the 11l0l1gage; it is flu1her
ORDERED that Respondent, JORGE A, ROMERO. shall be solely responsible and bear
all related costs for the relocation or an existing well from Parcel 170RDL'E to the remainder tract,
and shall complete said relocation within ninety (C)()) days hcreol: unless otherWIse agreed to by tbe
Petitioner. In the event ROMERO !;Iils to comply herewith, Petitioner may recover the costs of
removing the \vell hy fe-opening Ihis case and filing a motion to enforce this Stipulated Final
Judb~llcnL Additionally. all expenses to effect any cure. including rcconfiguration of drive and
2
Agenda Item I~o, 16K5
!\pril 22, 2008
Page 6 of 8
parking area, and otherwise m"ke changes necessitated by the "taking" shall be borne by
ROMERO; it is further
ORDERED that pursuant to ~74,051(3), F,S" the Clerk ofCoUlis sball disburse the interest
earned on the funds on deposit in the amount of$369, 18, via wire transfer from the Clerk of Courts
to the Board of County Commissioners, Account #338-163658-361190-600443; it is further
ORDERED that title to Parcel 170RDUE, a 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 eonfirnled; it is further
ORDERED that the Noticc of Lis Pendens filed in the above.styled cause "nd recorded In
Official Record Book 4269, Page 3141 of the Public Records of Collier County, Florida, be
dismissed as to Parcel 170RDUE; it is further
ORDERED that this Stipulated Final Judgment shall dispose of all issues and claims
"rising out of this condemnation action and shall he recorded in the Official Records of Collier
County, Florida; it is further
ORDERED that this Court retains jurisdiction to cnforce the tel1m of this Stipulated
final Judgment; it is therefore
DONE AND ORDERED in Naples, Collier County, Florida, this
day of
,2008,
Cynthia A Ellis
Circuit COllrt Judge
Confol111ed copies to:
Jorge A. ROlncro
Ellen T. Chadwell, Esquire
Gregg S. Ahrens, Esquire
Kevin Hendricks, Transportation DepL
Accounting
3
:6,;Jenda Item f'-Jo. '16K5
April 22, 2008
Page 7 of 8
JOINT "lOTION
The Parties hereby stipulate and respectfully request th]s Court 10 enter the foregoing
Stipulated Final Judgment as to PareeI170RDUE,
Dated:
Jorge A. Romero
4316 13th Street W
Lehigh Acres, FL 33971
(239) 289-4463 " Phone
RESPO]\;DENT
Dated:
Gregg S, Ahrens, Esquire
Florida Bar No,:
-~-'-------"-"..-
ADORNO & YOSS LLP
2525 Ponce de Leon Boule\arl!. Suite 400
Miami, FL 33134
(305) 460-11100- Phone
(305) 503.8920- Facsimile
ATTORNEY FOR RESPO:\DENT.
MORTGAGE ELECTRONIC
REGISTR/\TION SYSTEMS,
as nominee for First Franklin
U7-1(.S).(':\,2]7
Dated:
Ellen T Chadwell / '1_"
Assistant County klorney
Florida Bar ]\;CL ()83860
330 I East Tamia1111 Trail, 8th Floor
""plcs, Florida 34] 12
(239) 252-8400 ' Phone
(239) 252-6300 "acsimile
A nORNEY FOR PETITIONER
,j
-10 ,~
PROJECT NO, 60044
PROJECT PARCEL NO, 170RDUE
PgHPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
EXHIBIT A
,
THE EAST 70 FEET OF THE WEST 120 FEET OF THE NORTH 75
FEET OF TRACT 13, GOLDEN GATE ESTATES UNIT NO, 68, AS
RECORDED IN PLAT BOOK 5, PAGE 90 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA
CONTAINING 0_121 ACRES, MORE OR LESS,
THE NORTH 75 FEET OF
TRACT 13
OllTH PROPFRTY LINE
PERPETUAL, NON-EXCLUSlVE
"OAD RIGHT-OF-WAY, DRAINAGE
AND UTILllY EASEMENT
PROPOSED ADDIT10NAl RIGHT-OF-WAY (70 FEET)
/ EAST i1ALFQF ,I EXISTlNG100FOOTWID!:EVERGL.ADESBOULE:VARDRIG~T_8F_WAY (50FEET)/
LiYEET PROPERTY llN!'
NORTH
NOT TO SCALE
J!liL'fC:ounlyTransportation::ngineering& ConslrurnonManllgelTl9nlDepartmenI
C3l29/07H2PM
Agenda Item No, 16K5
April 22, 2008
Page 8 of 8
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