Agenda 03/25/2008 Item #16K 2
,Agenda Item No, 16K2
March 25, 2008
Page 1 of 13
EXECUTIVE SUMMARY
Recommendation to approve two settlements for road right-of-way parcels acquired through
condemnation for the Oil Well Road Project #60044. (Fiscal Impact $15,057.(0)
OBJECTIVE: That the Board of County Commissioners approve the proposed Stipulated Final
Judgments for payment of full compensation, expert fees and costs, for the taking of Parcels
112FEE and 116FEE in Collier County, Florida 1', Luz Matlin, et ai" Case No, 07-2850-CA.
CONSIDERATIONS: These parcels are all similarly situated and were negotiated as a group. In
an effort to facilitate this Board's review and eonsideration, they have been consolidated into one
agenda itcm,
The chart below identifies the original offers, the deposits made in January, the settlement amounts,
and the additional cost to the County should the Board accepts staffs recommendation, Each
settlement includes $770 for expeli fees, primarily engineering fees, and $750 for attoll1ey's fees.
Although the County's appraiser opined that land values were $75,000 per acre in early 2007, staff
made incentive offers based on $lOO,OOO/acre, Due to the declining market through 2007, the
County's appraisal expert at the time of the Order of Taking hearings in January estimated land
values at $35,OOO/acre, thereby resulting in a significant difference between the original offers and
the good faith deposits, Should litigation continuc at this point, the County can expect, at the very
least, each owner to obtain an appraisal report to substantiate their value and court-ordered
mediation, These costs are bome by the County and alone can range from $6,500 to $11,000 per
parcel.
Staff thinks the proposed settlements are fair and reasonable both to the property owners and the
taxpayers of Collier County, The foregoing settlements are memorializcd in the attached Stipulated
Final Judgments,
FISCAL IMPACT: Funds in thc amount of $15,057,00 will come from the Transportation
Supported Gas 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 proposed
Stipulated Final Judgments as to Parcels I 12FEE and I 16FEE; and approve the expenditure and
disbursemcnt of funds as stated
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PREPARED BY: Heidi Ashton-Cicko, Assistant County Attorney
;^.genda Item No, 16K2
March 25, 2008
Page 2 of 13
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,
Case No,; 07-2850-CA
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Parcel No,; 112FEE
LUZMATLIN, ct aI.,
Respondents.
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STIPULATED FINAL JUDGMENT
THIS CAUSE having come beforc the Court upon Joint Motion madc by Petitioner,
COLLIER COUNTY, FLORIDA, by and through thc undersigned counsel, and Respondents, UJZ
MATLIN and BRJAN MATLIN (hercafter "Respondents"), by and through their undersigned
counsel, for entry of a Stipulated Final Judgment as to Parcel 112FEE, and it appcaring to the Court
that the parties are authorized to make such motion, the Court finding that the compensation to be
paid by Petitioner, COLLIER COUNTY, FLORIDA, is the full compensation due Respondents, and
the Court being otherwise fully advised in the premises thereof, it is thereupon,
ORDERED AND ADJUDGED that Respondents have and rccover from Petitioner,
COLLIER COUNTY, FLORIDA, the sum of Fourteen Thousand Five Hundred Eighty-One
Dollars and No/100 ($14,581.00) for Parcel] 12FEE inclusive of attorney's fecs, expert fces and
costs, as full paymcnt for the property interests taken and for damages resulting to the remainder, if
less than the entirc property was takcn, busincss damages, and for all other damages in connection
with said parcel; it is further
i'\genda item No. 16K2
March 25, 20G8
Page 3 of 1 3
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit in the
amount of Six Thousand Five Hundred DoJlars and No/100 ($6,500.00) which was previously
deposited into the registry of the Clerk of the Circuit Court toward the acquisition of Parcel 112FEE
at which time title to said parcel as described in Exhibit "A" vested in tlle 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, FLORIDA, shall disburse an
additional Eight Thousand Eighty-One Dollars and NoI100 ($8,081.00) to the LAW OFFICE OF
BELLA y, PATEL TRUST ACCOUNT, c/o Bella Y Patel, Esquire, Law Office of Bella Y, Patel,
PA, 13026 Waterford Run Drive, Riverview, Florida 33569 for the benefit of Respondcnts; it is
further
ORDERED that the Clerk shall disburse the sum of One Hundred Thirty Dollars and
76/100 ($130.76) to the Collier County Tax Collector, c/o E, Glenn Tucker, Esquire, RHODES,
TUCKER & GARRETSON, p, 0 Box 887, Marco Island, Florida 34146 for outstanding taxes; and
shall disburse the remaining sum of Six Thousand Three Hundred Sixty-Nine DoJlars and
24/100 ($6,369.24) to the LAW OFFICE OF BELLA Y. PATEL TRUST ACCOUNT, c/o Bella Y.
Patel, Esquire, Law Office of Bella Y. Patel, PA, 13026 Waterford Run Drive, Riverview, Florida
33569 for the benefit of Respondents; it is further
ORDERED that title to Parcel lI2FEE, a Fee Simple Interest, 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 confirmed; it is further
ORDERED that this Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment; it is further
2
Agenda Item No, 16K2
March 25, 2008
Page 4 of 13
ORDERED that the Notice of Lis Pendens filed in this action and recorded in Official
Record Book 4273, Page 1769 et seq,. of the Public Records of Collier County, Florida be
dismissed as to Parcel I I2FEE; it is further
ORDERED that this Stipulated Final Judgment is subject to approval by the Board of
County Commissioners; it is further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of
Collier County, Florida; it is therefore
DONE AND ORDERED in Chambers at Naples, Collier County, Florida this _ day
of
,200S.
CIRCUIT COURT JUDGE
Conformed Copies:
Heidi Ashton-Cicko, Esquire
Bella Y Patel, Esquire
E, Glenn Tucker, Esquire
Kevin Hendricks, Acquisition MgrITransp.
Bookkeeping
3
,.1,;)enc:a Item !'-Jo. 15K2
March 25, 2008
Page 5 of 13
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
The parties hereby stipulate and rcspectfully request this Court to enter the foregoing
Stipulated Final Judgment as to Parcel 112FEE.
'0j~r
Dated:
BELL Y. PA L, E QUIRE
Florida Bar No, 961670
LAW OFFICE OF BELLA y, PATEL PA
13026 Waterford Run Drive
Riverview, Florida 33569
(813) 643-2762 - Telephone
(813) 643-2612 - Facsimile
ATIORNEY FOR RESPONDENTS
HEIDI ASHTON-CICKO, ESQU
Florida Bar No, 966770
OFFICE OF THE COUNTY A TIORNEY
Hannon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
A TIORNEY FOR PETITIONER
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Agenda Item No, 16K2
March 25, 2008
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PROJECT NO. 60044
PROJECT PARCEL NOS, j j 2 FEE
FEE SIMPLE INTERESTS
EXHIBITL
Page.t!L OfJH
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THE NORTH 21 FEET OF TRACT 1A, GOLDEN GATE ESTATES UNIT
NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC
RECORDS OF COLlIER COUNTY, FLORIDA.
CONTAINING 0,186 ACRES, MORE OR LESS,
FEE SIMPLE
INTEREST
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EXfSTlNG Ofl... WELL ROAD RIGHT.oF-WAY UNE & PROPERTY lINE
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PRCPOSEO ADOCTIONAL RfGHT ..a:--W^ Y (21 fEET)
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'NEST PROPERTY UNE
EAST PROPER.TY UNE
TRACT 1A
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Page I 0 f 2
!!e:-n f\lo. i6K2
r,<iarch 25, 2008
PClge 7 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMiSSIONERS
Item Number:
16K2
Item Summary:
Recommendation to approve two settlements for road right-af-way parcels acquired through
condemnation for the Oil Well Road Project #60044 (Ftscallmpact $1505700)
3/25/2008 90000 AM
Meeting Date:
Prepared By
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/7/20081:30:06 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM-ROW
3/10/20082:05 PM
Approved By
Najeh Ahmad
Director
Dote
Transportation Services
T.ansportation Engineering &
Construction Management
3/"10!2008 3:20 PM
Approved By
L:sa Tayl::>f
rt.anagemej~t.'8\ld~et A r.alyst
Date
Transportation S~'r,'ices
T:-onsport~ti:m kdrninistr2ti;:m
::;/11/:200811:08 AM
Approved By
Norm E. Ferler, tdep
T,anspor't2tion Division Admi:list,ator
Date
Transportation Services
T,ansportation Services Admin.
3/11/200811:27 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
3/12/2008 3:42 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/12i2008 4:30 PM
Approved Hy
OMB Coordinator
,Applicatio:;s Anal~lst
Date
Administrative Services
Information Technology
3/': 312008 3:40 AM
Approved By
Susan Usher
Ssnior Managcment!Sud;]2t j!,r,alys,t
CaLe
County rJ1en3ger's Ofnce
Off!(;e af f\.f;3:'~~G'::m:s:it & 3~~dJd
3/17/200S 7:24 ['JM
Approved By
ti]e://C:\A((endaTest\Export\ 1 03-March'Yo2025,%202008\ 16,%20CONSENT%20AG ENDA \,,' 3/19/2008
Page 2 of2
Agenda Item rjo, 16K2
March 25, 2008
Page 8 of 13
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3/18/20086:18 PM
fl]c://C:\Agenda Test\Export\ 1 03-March%2025Yo202008\ 16, %20CONSENT%20AGENDA \", 3/19/2008
Acenda It9m No. 16K2
~ March 25, 2008
Page 9 of 13
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCmT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
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COLLIER COUNTY, FLORIDA, a political subdivision
of the State of Florida,
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Petitioner,
Case No,: 07-2850-CA
VS.
Parcel No,: ll6FEE
LUZ MATLIN, et aL,
Respondents,
/
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents,
ESI-IAN KlBRlA, TRUSTEE OF THE KlBRlA FAMILY TRUST DATED MAY 9, 2002 and
DOROTHY KIBRIA, TRUSTEE OF THE KIBRIA FAMILY TRUST DATED MAY 9, 2002
(hereafter "Respondents"), by and through their undersigned counsel, for entry of a Stipulated Final
Judgment as to Parcel I 16FEE, 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, COLLIER
COUNTY, FLORIDA, is the full compensation due Respondents, and the Court being otherwise
fully advised in the premises thereof, it is thereupon,
ORDERED AND ADJUDGED that Respondents have and recover from Petitioner,
COLLIER COUNTY, FLORIDA, the sum of Twelve Thousand Five Hundred Seventy-Six
Dollars and No/IOO ($12,576.00) for Parcel 116FEE inclusive of attorney's fees, expert fees and
costs, as full payment for the property interests taken and for damages resulting to the remainder, if
Agenda lIem No, 16K2
March 25, 2008
Page 10 of 13
less than the entire property was taken, business damages, and for all other damages in connection
with said parcel; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit in the
amount of Five Thousand Six Hundred Dollars and NollOO ($5,600.00) which was previously
deposited into the registry of the Clerk of the Circuit Court toward the acquisition ofParcell16FEE
at which time title to said parcel as 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, FLORIDA, shall disburse an
additional Six Thousand Nine Hundred Seventy-Six Dollars and NollOO ($6,976.00) to the LAW
OFFICE OF BELLA Y PATEL TRUST ACCOUNT, c/o Bella y, Patel, Esquire, Law Office of
Bella Y. Patel, PA, 13026 Waterford Run Drive, Riverview, Florida 33569 for the benefit of
Respondents; it is further
ORDERED that the Clerk shall disburse the sum of One Hundred Sixteen dollars and
23/100 ($116.23) to the Collier County Tax Collector, c/o E. Glenn Tucker, Esquire, RHODES,
TUCKER & GARRETSON, p, 0 Box 887, Marco Island, Florida 34146 for outstanding taxes; and
shall disburse the remaining swn of Five Thousand Four Hundred Eighty-Three Dollars and
77/100 ($5,483,77) to tlle LAW OFFICE OF BELLA Y PATEL TRUST ACCOUNT, clo Bella y,
Patel, Esquire, Law Office of Bella Y. Patel, PA, 13026 Waterford Run Drive, Riverview, Florida
33569 for the benefit of Respondents; it is further
ORDERED that title to Parcel 116FEE, a Fee Simple Interest, 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 confirmed; it is further
2
Item N8. ': 6V.2
March 25, 2008
Page 11 of 13
ORDERED that this Court reserves jurisdiction to enforce the tenus of this Stipulated Final
Judgment; it is further
ORDERED that the Notice of Lis Pendens filed in this action and recorded in OIt1cial
Record Book 4273, Page 1769 et seq" of the Public Records of Collier County, Florida be
dismissed as to ParceII16FEE; it is further
ORDERED that this Stipulated Final Judgment is subject to approval by the Board of
County Commissioners; it is further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of
Collier County, Florida; it is therefore
DONn AND ORDERED in Chambers at Naples, Collier County, Florida this _ day
of
,2008,
CIRCUIT COURT JUDGE
Conformed Copies;
Heidi Ashton-Cicko, Esquire
Bella Y. Patel, Esquire
E. G]enn Tucker, Esquire
Kevin Hendricks, Acquisition Mgr/Transp.
Bookkeeping
3
Agenda Item No, 16K2
March 25, 2008
Page 12 of 13
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
The parties hereby stipulate and respectfully request this Court to enter the forcgoing
Stipulated Final Judgment as to Parcell16FEK
Dat .
Dated:
BELL Y. PATEL, ESQUIRE
Florida Bar No, 961670
LA W OFFICE OF BELLA Y. PATEL, P,A.
13026 Waterford Run Drive
Riverview, Florida 33569
(813) 643-2762 - Telephone
(813) 643-2612 - Facsimile
ATTORNEY FOR RESPONDENTS
r-'
(~{p..,
HEIDI ASHTON-CICKO, ESQUIRE
Florida Bar No. 966770
OFFICE OF THE COUNTY A ITORNEY
Harmon Turner Building
3301 East Tamiarni Trail
Naples, Florida 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
A TIURNEY FOR PETITIONER
4
L,genda item !\]o. 16K2
______.__,__Jlarch 25,2.Q.Q1L_
Page 13 of 13
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EXHIBIT ,4 -
pageAd. ot:12d- _
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PROJECT NO. 60044
PROJECT PARCEL NO. 116 FEE
FEE SIMPLE INTEREST
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THE NORTH 21 FEET OF TRACT 16A, GOLDEN GATE ESTATES
UNIT NO, 64, AS RECORDED IN PLAT BOOK 7. PAGE 64 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 0,159 ACRES, MORE OR LESS,
FEE SIMPlE
INTEREST
EX!STlNGOIl WEll RaADRIGHT.()f.wAYlINE & FROPERTYLlNE
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PROPOSEOAOOITIONAL ~rGHT-O"-WAY (21 FEE1l
.. [~1':" -.' -" -.. -.. -..
WEST PROPERTY LM
EAST PF(DPEF\TV U"IE
TRACT16A
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