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Agenda 01/15/2008 Item #16B 7 Agenda Item No, 1687 January 15, 2008 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment for Parcel 207FEE, in the lawsuit styled Collier County v, Joseph Noel, et ai" Case No, 07-3200-CA and a Stipulated Final Judgment for Parcel 208FEE in the lawsuit styled Collier County v, Pablo M, Sardinas, et ai" Case No. 07-2824-CA (Oil Well Road Project No, 60044), (Fiscal Impact $400,000) OBJECTIVE: That the Board of County Commissioners approve a Stipulated final Judgment for the taking of Parcel 207FEE, in the lawsuit styled Collier County v, Joseph Noel, et aI., Case No, 07-3200-CA, and a Stipulated Final Judgment for the taking of Parcel 208fEE, in the lawsuit styled Collier County v, Pablo M. Sardinas, et aI., Case No, 07-2824-CA (Oil Well Road Project No, 60044), CONSIDERATIONS: Collier County seeks to condemn two 2,5 acre parcels for the construction of a stormwater retention and treatment pond at the northeast corner of the intersection of Oil Well Road and Everglades Boulevard, Differences of opinion over the highest and best use of the subject parcels resulted in wide divergencies in the estimated value of the property, The issue debated by the land planners hired by the County and the land planner hired by the owners was the suitability of the property for residential uses, the reasonable probability of obtaining a comprehensive plan amendment and a rezone of the property to commercial, with the critical issue being the length of time it would take to achieve a rezone of the property, All three land planners on the case agreed that the property was less suitable for Estates residential uses than thousands of other properties which were available to purchasers, The property owner's land planner was prepared to testify that it was his professional opinion that a rezone could be achieved in as few as three years, Because of this, the property owner's real estate appraiser was prepared to testify that the property's prcsent market value was $7,00 per square foot. Because both of the land planners hired by the County would have testified that the property had commercial "potential" but would not speculate on the time frame it would take before a rezone could be achieved, the County's real estate appraiser was compelled to use the sales of Estates residential properties from the subject neighborhood in his estimate of the market value of the property, As of April 2007, his estimate of the market value of Estates residential properties in the neighborhood, as well as the subject property, was $75,000 an acre ($1.72 per square foot), Staff initially offered $219,700 and $209,200, for 207FEE and 208FEE, respectively, Since that time, the appraiser has reduced his estimate of the market value of Estates residential properties in the subject neighborhood to $35,000 an acre, However, before the County's appraiser had completed his appraisal updates for condemnation, a settlement conference was held on November 81h at the County Attorney's office with Transportation Right-of-Way Acquisition staff, the propcrty owners, the owners' attorney, the owner's appraiser and the owner's land planner; and while a settlement was not reached that day, an offer to settle was left "on the table" indefinitely by the County to settle the case at $2,52 per square foot (which was the amount that the County had offered for the property back in September 2006,) Agenda Item No. 1687 January 15, 2008 Page 2 of 12 Subsequently, the County's offer was reduced to $2.52 per square foot including attorney fees and expert costs, This last offer was "reluctantly" accepted on Monday, December 3, 2007, and is herewith being brought to the Board for approval to settle the case and to avoid the cost of trial and the risk of exposure to an unfavorable jury award, The total settlement for Parcel 207FEE (2,596 acres) is $296,000, The total settlement for Parcel 208FEE (2.456 acres) is $280,600, The owner's real estate appraiser would have opined in court to a value of $791,600 as to Parcel 207FEE and to a value of $748,900 as to Parcel 208FEE, A jury verdict which split the difference between the County's appraiser's testimony and the owners' appraiser's testimony would have been $441,250 for Parcel 207FEE and $417,450 for Parcel 208FEE, On top of that the County would have incurred costs of at least $75,000 for each trial, plus a total of over $68,000 in prejudgment interest, and a total of $2 I 0,000 in statutory attorney fees on two split verdicts (assuming the trials were held one year after the takings), At this point, with the Orders of Taking having been entered on January 4, 2008, and with a deposit of $90,900 having already been made as to Parcel 207FEE, and with a deposit of $86,000 having already been made as to Parcel 208FEE, staff is recommending approval of Stipulated Final Judgments that will minimize the County's exposure to additional costs in triaL If approved, the County will be responsible for the following costs: . Additional Compensation as to Parcel 207FEE . Clerk's Fee . Expert Fees and Costs (engineer) . Attornev's Fees TOTAL . Additional Compensation as to Parcel208FEE . Clerk's Fee . Expert Fees and Costs (engineer) . Attornev's Fees TOTAL $205,100,00 $ 150,00 (included) (included) $205,250,00 $194,600,00 $ 150,00 (included) (included) $194,750,00 FISCAL IMP ACT: Funds in the amount of $399,700 to cover the additional deposits to be made into the court registry, plus clerk's fees of $300, will come from the Transportation Supported Gas Tax Fund and Road Impact Fee Funds, Source of funds are Gas Taxes and Road Impact Fees, GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary, RECOMMENDA nON: That the Board of County Commissioners approve the Stipulated Final Judgments as to Parcels 207FEE and 208FEE, and authorize the additional deposit of funds into the Court Registry of$205,100 as to Parcel207FEE and $194,600 as to Parcel208FEE, Prepared By: Kevin Hendricks, Right-of-Way Acquisition Manager, Transportation Engineering & Construction Management Attachment: Stipulated Final Judgement (2) 2 Page I of2 Agenda Item No, 1687 January 15, 2008 Page 3 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16B7 Meeting Date: Recommendation to approve a Stipulated Final Judgment for Parcel 207FEE, in the lawsuit styled Collier County v. Joseph Noel, et aI., Case No; 07-320Q-CA and a Stipulated Final Judgment for Parcel 208FEE in the lawsuit styled Collier County v Pablo M. Sardinas, et aL, Case No, 07-2824-CA (Oil Well Road Project No, 60044) (Fiscal Impact $399,700) 1/15/20089:0000 AM Prepared By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM-ROW 12121120072:03:24 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM-ROW 12121120072:37 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 12126/20077:19 AM Approved By Kevin H. Dugan Project Manager Transportation Engineering and Construction Date Transportation Services 12131/20077:41 AM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 12131120079:54 AM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & Construction Management 1/2120082:05 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 112120085:06 PM Approved By Pat Lehnhard Ex:ecutive Secretary Date Transportation Services Transportation Services Admin 1131200810:27 AM Approved By OMS Coordinator Applications Analyst Date file://C:\AgendaT est\Export\98-January%20 15, %202008\ 16, %20CONSENT%20AGENDA \ I.., 1/9/2008 Page 2 of2 Agenda Item No, 16B7 January 15, 2008 Page 4 of 12 Administrative Services Information Technology 1131200812:45 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 1141200810:49 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11712008 to:21 AM file://C:\AgendaTest\Export\98-January%20 15,%202008\] 6,%20CONSENT%20AGENDA \].., 1/9/2008 Agenda Item No. 16B7 January 15, 2008 Page 5 of 12 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, 07-3200-CA JOSEPH NOEL, et al" Parcel: 207FEE Respondents, / STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent, ARMANDO LLIZO, for entry of a Stipulated Final Judgment as to Parcel 207FEE, 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, ARMANDO LLIZO, and the Court being otherwise fully advised in the premises, it is thereupon ORDERED AND ADJUDGED that: I, Respondent, ARMANDO LLIZO, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Two Hundred Ninety-Six Thousand and No/IOO Dollars ($296,000,00) for Parcel 207FEE, as full payment for the property interests taken and for damages resulting to the remainder, ifless than the entire property was taken, and for all other damages in connection with said parcel, and all attorney's fees and defense costs. No other costs and attorney's fees, including supplemental attorney's fees, shall be awarded in this cause, Agenda Item No. 1687 January 15, 2008 Page 6 of 12 2, Petitioner will be entitled to a credit in the amount of $ 90,900 from the good faith deposit disbursed in accordance with the Order of Taking, 3, Title to Parcel207FEE in fee simple, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated January 4, 2008, and the deposii of money heretofore made, is approved, ratified, and confirmed, 4, The Notice of Us Pendens filed in the above-styled cause and recorded in Official Record Book 4281, Page 4054 of the Public Records of Collier County, Florida be dismissed as to Parcel No, 207FEE, 5, Within twenty (20) days from the date of this order, Petitioner shall deposit into the Court Registry the aggregate sum of Two Hundred and Five Thousand One Hundred and No/100 Dollars ($ 205,100.00) for the benefit of Armando Llizo, Upon payment of deposit into the Registry of this Court, the right, title and interest described in Exhibit "A" attached hereto and made part of hereof by reference shall vest in Petitioner. 6, Upon deposit, as set forth above, and without further notice of this Court, the I Petitioner shall be entitled to possession of the property described herein, 7, Immediately after the deposit is made the Clerk shall disburse the total sum of Two Hundred Ninety Six Thousand One Hundred and No/100 Dollars ($ 296,000(00) made payable to Bella Y. Patel, P,A. Trust Account, c/o Bella Y, Patel, Esq" 13026 Waterford Run Drive, Riverview, FL, 33569, for disbursement of compensation, attorney's fees and costs in accordance with this order. 8, Pursuant to Section 74,051(3), F,S" the Clerk of Courts shall disburse the interest earned on the funds on deposit in the amount of , via wire transfer from the Clerk of Courts to the Board of County Commissioners, Account # Agenda Item No, 16B7 January 15, 2008 Page 7 of 12 9, This Stipulated Final Judgment resolves all issues and clailnS arising out of or relating in any way to the acquisition of Parcel 207FEE and shall be recorded in the Official Records of Collier County, Florida. DONE AND ORDERED in Naples, Florida, this _ day of ,2007, conformed copies to: Ellen T, Chadwell, Esquire Bella y, Patel, Esquire E, Glenn Tucker, Esq. Kevin Hendricks, Acquisition MgrIrransp, Accounting CYNTIflA A. ElLIS CIRCUIT COURT JUDGE JOINT ManON FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulared Final Judgment as to Parcel 207FEE, D :__-*(~( B LA y, PATEL, ESQ, Florida Bar No, 896489 LA W OFFICE or BELLA y, PATEL, PA 13026 Waterforo Run Drive Riverview, FL 33569 (813) 643-2762 - Telephone (813) 643.2612 -Facsimile ATTOR.."lEY FOR RESPONDENT, ARMANDO LLlZO Date: ELLEN T. CHADWEL ,0; Florida Bar No, 983860 OFFICE OF THE COUNTY ATTORNEY Hannon Turner Building, 81b Floor 3301 East Tamiami Trail Naples, Florida 341 12 (239) 774-8400. Telephone (239) 252-6300 - Facsimile ATTORNEY FOR PETITlONER Agenda Item No, 1687 January 15, 2008 Page 8 of 12 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Joint Motion on Stipulated Final Judgment has been furnished by U,S, Mail to all parties listed below on this_ day of ,2008, ELLEN T. CHADWELL, ESQUIRE PARCEL 207FEE Armando LIizo c/o Bella y, Patel, Esq, Law Office of Bella Y. Patel. P ,A. 13026 Waterford Run Drive Riverview, FL 33569 Collier County Tax Collector c/o E, Glenn Tucker, Esq, Rhodes Tucker & Garrettson P,O, Box 887 Marco Island, FL 34146 Agenda Item No, ',687 January 15, 2008 Page 9 of 12 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, 07-2824-CA v, PABLO M, SARDINAS, et aI., Parcels: 208FEE Respondents, ; / STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent, AMARALTO CONCRETE PUMP, INC" for entry of a Stipulated Final Judgment as to Parcel 208FEE, 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, AMARAL TO CONCRETE PUMP, INC, and the Court being otherwise fully advised in the premises, it is thereupon ORDERED AND ADJUDGED that: I, Respondent, AMARAL TO CONCRETE PUMP, INe., shall recover from Petitioner, COLLIER COUNTY, the sum of Two Hundred Eighty Thousand Six Hundred and No/IOO Dollars ($280,600,00) for ParceI208FEE, 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 parcel including all attorney's fees and defense costs, No other costs and attorney's fees, including supplemental attorney's fees, shall be awarded in this cause, Agenda Item No, 1687 January 15, 2008 Page 10 of 12 2, Petitioner will be entitled to a credit in the amount of $ 86,000 from the good faith deposit disbursed in accordance with the Order of Taking, 3, Title to Parcel208FEE in fee simple, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated January 4, 2008, and the deposit of money heretofore made, is approved, ratified, and confirmed, 4, The Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 4272, Page 3616 of the Public Records of Collier County, Florida be dismissed as to Parcel No, 208FEE. 5, Within twenty (20) days from the date of this order, Petitioner shall deposit into the Court Registry the aggregate sum of One Hundred Ninety Four Thousand Six Hundred and No/lOO Dollars ($194,600,00) in full compensation for the benefit of Amaralto Concrete Pump, Inc, Upon payment of deposit into the Registry of this Court, the right, title and interest described in Exhibit "A" attached hereto and made part of hereof by reference shall vest in Petitioner. 6, Upon deposit, as set forth above, and without further notice of this Court, the Petitioner shall be entitled to possession of the property described herein, 7, Immediately after the deposit is made the Clerk shall disburse the total sum of Two Hundred Eighty Thousand Six Hundred and No/lOO Dollars ($280,600.00) made payable to Bella y, Patel, P,A. Trust Account, c/o Bella y, Patel, Esq" 13026 Waterford Run Drive, Riverview, FL, 33569, for disbursement of compensation, attorney's fees and costs in accordance with this order, 8, Pursuant to Section 74,05 1 (3), F.S., the Clerk of Courts shall disburse the interest earned on the funds on deposit in the amount of , via wire transfer from the Clerk of Courts to the Board of County Commissioners, Account #__ Agenda Item No, 16B7 January 15, 2008 Page 11 of 12 9, This Stipulated Final Judgment resolves all issues and claims arising out of or in any way refated to the acquisition ofParcel208FEE and shall be recorded in the Official Records of Collier County, Florida, DONE AND ORDERED in Naples, Florida, this _ day of confonned copies to: Ellen T. Chadwell, Esquire Bella y, Patel, Esquire E, Glenn Tucker, Esq, Kevin Hendricks, Acquisition Mgr,{fransp, Accounting .2007. CYNTHIA A. ELLIS CIRCUIT COURT JUDGE JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the forego,ing Stipulated Final Judgment as to Parcel 208FEE. BELLA y, PATEL, ESQ, Florida Bar No, 896489 LAW OFFICE OF BELLA Y. PATEL, PA 13026 Waterford R un Drive Riverview, FL 33569 (813) 643-2762 - Telephone (813) 643-2612 - Facsimile A TIORNEY FOR RESPONDENTS. AMARALTO CONCRETE PUMP, lNC, Date: EllEN T, CHADWE~ Florida Bar No. 98386 OFFICE OF THE COUNTY ATTORNEY Hannon Turner Building, 8"' Floor 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 252-6300 - Facsimile ATTORNEY FOR PETITIONER Agenda Item No. 16B7 January 15, 2008 Page 12 of 12 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Joint Motion on Stipulated Final Judgment has been furnished by U.S, Mail to all parties listed below on this_ day of ,2008, ELLEN T, CHADWELL, ESQUIRE PARCEL 208FEE Amaralto Concrete Pump, Inc, c/o Bella y, Patel, Esq, Law Office of Bella y, Patel. P,A. 13026 Waterford Run Drive Riverview, FL 33569 Owner Collier County Tax Collector c/o E. Glenn Tucker, Esq, Rhodes, Tucker & Garrettson P,O, Box 887 Marco Island, FL 34146 Past due taxes