Agenda 01/15/2008 Item #16K 9
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EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $85,000.00 for
Parcel 141FEE in the lawsuit styled Collier Coullfy v. Carlos Alvarez, et al., Case No. 07-2882-
CA (Oil Well Road Project No. 60(44). (Fiscal Impact $58,650)
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for
payment of full compensation, inclusive or attorney's fees and costs, for the taking of Parcel
l4lFEE ill the lawsuit styled Collier Counf)' v. Curios Alvarez el al" Case No. 07-2882-CA (Oil
Well Road Project No. 60044).
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CONSIDERA nONS: Collier County seeks to condemn a ] oo-root wide strip of right-of-way
(Parcel 14] FEE) ii'om home owners, Garfidd lIines and Edell Hines. The County offered the
owners $75,800 in the County's statutory offer. All Order of Taking hearing was held on January 9,
2008 and the County will he depositing the sum of $26,500 in the COUli Registry. The County's
initial appraisal 011 February 9. 2007 valued the taking at $56,700. The updated appraisal repOli
dated November 2, 2007 shows a declining market with a value of$26,500 for the taking. Owners'
appraiser values the taking at $147,500 which includes a severance damage for reducing the depth
of the parent tract from 320 feet to 220 fed. Through mediation on November 20, 2007, the parties
agreed to a total compensation in the amount of $85,000 inclusive of attorney's fees and all costs
associated with the taking. The proposed senlcment includes the initial offer of $75.800 plus
$9.200 for expert fees, appraisal fees and attorney's fees. Staff recommends settlement because it
agreed to extend its ofler, subject to Board approval, until December 1,2007 to be consistent with
other settlements and to ghe the o\\ners an oppor1unity to review the drainage of the project. See
attached Stipulated Order of Taking and Final Judgment.
lf approved, the County will be responsible /ix the j()lIowing costs:
. Additional Deposit:
. Clerk's Fee:
. Expert Fees and Costs:
. Other Defense Costs:
. Statutory Attorney's Fees*:
TOTAL
:;; 58.500.00
:;; 150.00
S Included
:;; Included
:;; Included
S 58,650.00
FISCAL IMPACT: Funds in the amount 01'$58.650 will come from the Transportation Supported
Tax Fund and Impact Fee Funds. Source (11' runds are Gas Taxes and Impact Fees.
GROWTH MANAGEME'IT IMP\CT: None.
RECOMMENDA nON: That the Board of County Commissioners approve the Stipulated
Order of Taking and Final Judgment as to Parcel l.f I FEE and authorize the deposit of runds into the
COUl1 Registry and payment oflhe funds as stated.
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PREPARED BY: Ileidi Ashton-Cicko. Assistant County Attorney
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tN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER,COUNTY, FLORIDA, a political subdivision
of the Stale of Florida,
Petitioner,
Case No.: 07-2882-CA
vs.
Parcel No.: 141FEE
CARLOS ALVAREZ; et aI.,
Re-spondents.
I
STIPULA TED 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,
GARFIELD HINES and EDELL HINES (hereafter "Respondents"), by and through their
undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 14 I FEE, and it appearing
to the Court that the parties arc authorized to make such motion, the Court fineting that the
compensation to be paid by Petitioner, COLDER COUNTY, FLORIDA, is the full compensation
due the Respondents, and the Court being otherwise fully advised in the premises thereof, it is
thereupon~
ORDERED .!\NO ADJUDGED that the Respondents, have and recover from Petitioner,
COLLIER COUNTY, FLORIDA, the sum of Eighty-Five Thousand Dollars and NollOO
($85,000.00) for Parcel 14] FEE inclusive of attorney's fees, expert fees and costs, as full payment
for the property interests taken and for damages resulting to the remainder, if Jess than the entire
property wa$ taken, business damages, and for all other da.mages in connection with said parcel; it is
further
ORDERED that Fetition~r, COLLIER COUNTY, FLORIDA, bas previously deposited the
amount erf Twenty-Six Thousand Five Hundred Dollars and ]\"o/lOIl ($26,500.0(}) into the
registry of the Clerk of the Circuit COUlt toward the acquisition of Parcel 141FEE at which time title
to said parcel as described in Exhibit "A" vested in the name of Petitioner; it is further
ORDERED that within thirt; (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Court, Petitioner, COLLIER C01JNTY, FLORIDA, shall deposit an
additional Fifty-Eight Thousand Five Hundred Dollars and No/WO ($58,500.00) into the registry
of the Clerk of the Circuit Court for the b~nefit of Respondents; Jt is further
ORDERED that the Clerk shall disburse the amount of Five Hundred Fifty-Four Dollars
and 11/100 ($554.11) 10 t;", Collier County Tax Collector, c/o E. Glenn Tucker, Esquire, Rhodes,
Tucker & Gan'etson, P. O. Box 887, Marco Island, Florida 34146 for payment of real property
taxes; it is further
ORDERED that within thirty (30) days of receipt of the executed Stipulated Final Judgment,
the Clerk Shall disburse the sum of Eighty-Four Thousand Four Hundred Forty-Five Dollars
and 89/100 ($84,445.89) to ti1e LAW Or-nCE OF BELLA Y. PATEL, P.A. TRUST ACCOG'NT,
c/o Bella Y. Patel, Esquire, 13026 Wmerford Run D;ive, Rivervlew, Florida 33569 for the balance
of full compensation dlle the Respondents; it is fllrther
ORDERED that title to Parcel J4IFEE, a Fee Simple Interest, being flllly described in
Exhibit "An attached hereto and incorporated herein, which vested in Petitioner, COLLIER
COUNTY, FLORIDA, pursuant to the Order of Taking dated January 9, 2008, and the deposit of
money heretofor? made. is approved, ratified, and cDnfim1cd; it is fUlther
ORDERED th,x this Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment; it is further
2
ORDERED that the ~otice of Lis Pendens filed in this action and recorded in Official
Record B?ok 4274, Page 2074 et seq., of the Public Records or Collier County, Florida be
dismissed as to Parcel14lFEE; iUs further
ORDERED that this Stipulated Final Judgment is subject to approval by the Board of
County Commissioners; it is further
O~ERED that this Stipulated Final Judgment is to be recorded in the Official Records of
Collier Co~nty. Florida; it is therefore
DONE AND ORDERED In Naples. Collier County, Florida on this
day of
,2008.
Conformed Copies:
CIRCUIT COURT JUDGE
Heidi F. Ashton, Esquire
Bella Y. pltel, Esquire
E. Glenn Tucker, Esquire
Kevin Hendricks, Acquisition MgrlTransp.
Bookkeeping
,
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, GARFIELD
HJ}ffiS and EDELL HINES, hereby respectfully move for entry of the foregoing Stipulated Final
Judgment as to Parcel 141FEE.
Dated:
Dated:
($
HEIDI ASHTON-CICKO, ESQUIRE
Florida Bar No.: 966770
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, FL 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
ATTORNEY FOR PETITIONER
BELLA Y: PATEL, ESQUIRE
Florida Bar ~o.: 961670
BELLA Y.iPATEL, P.A.
13026 Waterford Run Drive
Riverview,'FL 33569
(813) 643-2762 - Telephone
(823) 643-2612 - Facsimile
ATTORNEY FOR RESPONDENTS
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PROJECT NO. 60044 EXHIBIT Ii
PROJECTPARCa NO. 141i=EE
FEE SIMPLE IIITEREST Pa~ ~I of::IIJ.
LEGAL OESCRlPTlON & SKETCH
(NOT A SURVEY)
THE SOUTH 100 FEET OF TP.ACT 111, GOLDEN~TE ESTATES
UNIT NO. 84, AS RECORDED IN PLAT aooK 7, PAGE 54 OF THE
PUBL.IC RECORDS OF COUtER COUNiY, FLORIDA.
CONTA!NiNG 0.7,5 ACRES, MORE OR LESS.
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