Agenda 01/11/2011 Item #16K3
Agenda Item No. 16K3
January 11, 2011
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $50,500 for Parcel 811 in
the lawsuit styled Collier County v. Myrtle Preserve. LLC., et al., Case No. 07-0463-CA (Lely Area
Stormwater Improvement Project No. 51101.1) (Fiscal Impact $40,140)
OBJECTIVE: That the Board of County Commissioners approve the attached Stipulated Final Judgment
for payment of full compensation, for the taking of Parcel 811 in the lawsuit styled Collier County v. Myrtle
Preserve, LLC., et. al., Case No. 07-0463-CA (Lely Area Storm water Improvement Project No. 51101.1).
CONSIDERATIONS: Collier County has condemned a 0.41 acre parcel from the property owner, Cornelia
Jones, for the construction of a portion of the Lely Manor canal as well as a maintenance road alongside the
canal. In November 2006, the County made its statutory offer for $22,500. An Order of Taking hearing took
place in August 2007 and $19,600 was deposited into the Registry of the Court for the parcel. In July of
2009, an Offer of Judgment was served on the property owner in the amount of $24,015. Neither the original
offer or Offer of Judgment was accepted.
Subsequent to the completion of the canal and maintenance road, the owner noticed standing water on the
property and retained an engineer. The engineer concluded that the maintenance road was acting as a dam
that would not allow drainage of the property, thus converting a former upland into a wetland. The owner's
appraisal found that because of the wetland, the permitting and mitigation costs for the subject parcel were
far greater than the value of the remainder and concluded to a compensation of $126,200, ($23,800 land,
$102,400 damages). The County retained experts who agreed the parcel was indeed a jurisdictional wetland,
but also concluded that it had historically been so because of several factors. They also opined that the
wetland characteristics of the property were not the result of the canal or maintenance road, thus setting the
stage for a classic battle of the experts at trial.
Mediation was held on December 7, 2010. A settiement for compensation was reached in the amount of
$50,500 and $9,240 in statutory attorney's fees. Engineer and appraiser fees will be brought before the
Board at a later date. This settlement is below the midpoint of the two positions and avoids the far greater
costs of further discovery and trial.
If the attached Stipulated Final Judgment is approved, the County will be responsible for the following costs:
Additional Amount Owed:
* Attorneys fees and Costs:
TOTAL
$30,900.00
$ 9.240.00
$40,140.00
* Attorney's Fees are mandated by ,p3.092, F.s., and are based on 33% a/the total benefit achieved, i.e.,
0.33 x ($50,500 - $22,500).
FISCAL IMPACT: Funds in the amount 01'$40,140 are available in ad valorem, Stormwater Improvement
Project No. 51101.1.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a simple
majority vote for approval. RNZ
RECOMMENDATION: That the Board of County Commissioners authorize the Stipulated Final
Judgment as to Parcel 811 and authorize payment of the funds as stated.
PREPARED BY: Robert N. Zachary, Assistant County Attorney
07-0463CA/358
Agenda Item No. 16K3
January 11, 2011
Page 2 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K3
Recommendation to approve a Stipulated Final Judgment in the amount of $50,500 for
Parcel 811 in the lawsuit styled Collier County v. Myrtle Preserve, LLC., et aI., Case No. 07-
0463-CA (Lely Area Stormwater Improvement Project No. 51101.1) (Fiscal Impact $40,140)
1/11/2011 9:00:00 AM
Meeting Date:
Prepared By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney
12/22/2010 4:06:48 PM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney
12/22/20104:24 PM
Approved By
Najeh Ahmad
Director - Transportation Engineering
Transportation Engineering &
Construction Management
Date
Transportation Division
12/23/20109:06 AM
Approved By
Norm E. Feder. AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
12/28/2010 10:06 AM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Division
Transportation Administration
12/28/20102:37 PM
Approved By
Kevin Hendricks
Manager - Right of Way
Date
Transportation Division
Transportation Engineering &
Construction Management
1/4/20119:48 AM
Approved By
Jeff Klatzkow
County Attorney
Date
1/4/201110:11 AM
Approved By
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
1/4/2011 10:20 AM
Approved By
Susan Usher
Management/Budget Analyst, Senior
Date
Office of Management &
Office of Management & Budget
1/4/201112:31 PM
Agenda Item No. 16K3
January 11, 2011
Page 3 of 10
Budget
Approved By
Mark Isackson
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
114/2011 2:07 PM
Agenda Item No. 16K3
January 11, 2011
Page 4 of 10
IN THE CIRCUIT COURT OF THE TWENTIEm JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA CML ACTION
COLLIER COUNTY, a political subdivision
of the State of Florida,
Plaintiff,
v.
Case No, 07-0463-CA
MYRTLE PRESERVE, LLC, et aI.,
Parcel 811
Defendant.
I
I
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent,
CORNELIA JONES, by and through her undersigned counsel, for entry of a Stipulated Final
Judgment as to Parcel 811 for Project No, 511011, 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, CORNELIA JONES, and the Court being otherwise
fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondent, CORNELIA JONES, has and recover
from Petitioner, COLLIER COUNTY, the total sum of Fifty Thousand Five Hundred and No/I 00
Dollars ($50,500) for Parcel 81 I, as full payment for the property interest taken and for damages
resulting to the remainder, if less than the entire property was taken, and for all other damages in
cOlmection with said parcel; it is further
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, is
entitled to a credit for the good faith estimate of value previously deposited in the amount of
$19,600.00; it is further
Agenda Item No. 16K3
January 11, 2011
Page 5 of 10
ORDERED AND ADWDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay
an additional Forty Thousand One Hundred Forty and 50/100 Dollars ($40,140.00) which includes
Thirty Thousand Nine Hundred Noll 00 Dollars ($30,900,00) for additional compensation and Nine
Thousand Two Hundred Forty and 50/100 Dollars ($9,240.00) for statutory attorneis fees; and it is
further
ORDERED AND ADWDGED that without further order of the Court, that within thirty
(30) days hereof, Petitioner, COLLIER COUNTY, FLORIDA, shall pay for the benefit of
Respondent, CORNELIA JONES, the total balance of $40,140.00. to the Roetzel Andress Trust
Account clo Kenneth A. Jones, Esquire, 2320 First Street, Suite, 1000, Ft. Myers, FL 33901-2904
for proper disbursement in accordance with this order; it is further
ORDERED AND ADJUDGED that fee simple title to Parcel 811, being fully described in
Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the
Stipulated Order of Taking dated August 3, 2007, 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 185, Page 1117 of the Public Records of Collier
COWlty, Florida be dismissed as to Parcel 811; it is further
ORDERED AND ADJUDGED that the Mediated Settlement Agreement of December 6,
2010 that is attached hereto as Attaclunent "B", be incorporated into and made part of this
Stipulated Final Judgment; it is further
ORDERED AND ADWDGED that the Court will retain jurisdiction herein as to experts'
costs and supplemental attorney's fees; 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
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Agenda Item No. 16K3
January 11, 2011
Page 6 of 10
ORDERED AND ADJUDGED that this Order disposes of all claims arising out of the
taking of Parcel 811 and that have or could have been asserted in this cause; it is further
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this
day of
,2011.
HONORABLE HUGH D. HAYES
CIRCUIT COURT JUDGE
conformed copies to:
Robert N. Zachary, Esquire
Kenneth A. Jones, Esquire
Jennifer Dixon-Abbott
Kevin Hendricks, Acquisition Mgr.fTransp.
Accounting
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Agenda Item No. 16K3
January 11, 2011
Page 7 of 10
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, together with Respondent, CORNELIA JONES, hereby
respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcel 811.
Dated:
KENNETH A. JONES, ESQUIRE
ROETZEL & ANDRESS
2320 First Street, Suite 1000
Fort Myers, FL 33901
(239) 338-4206
(239) 337-0970
ATTORNEY FOR RESPONDENT
CORNELIA JONES
CP: 07-0463CN357
Dated:
~OBERT N. ZACHARY
Florida Bar No. 816604
ASSISTANT COUNTY A TIORNEY
Harmon Turner Building
3299 East Tamiami Trail-Ste. 800
Naples, Florida 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
A TIORNEY FOR PETITIONER
COLLIER COUNTY
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Agenda Item No. 16K3
January 11, 2011
Page 8 of 10
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: 07-0463-CA
Parcel No: 81 i
MYRTLE PRESERVE, LLC., et al,
Defendant.
/
. MEDIATED SETTLE:MENT AGREEMENT
At a Mediation Conference held on December 6, 201 o beginning at 10:00 a.m.,
the parties reached the following Settlement Agreement.
1. Petitioner will pay to Respondent, Cornelia Jones, ~e sum of
$ S1J, S~
...
in full settlement of all claims for compensation. from
Petitioner whatsoever, including statutory interest, but excluding attorney's and expert's
fees and costs. Said sum will be subject to claims of apportionment, if any.
2. Petitioner is entitled to a credit in the amount of $ 1 '\ G, do
which was previously deposited in the registry of the Court in this case by Petitioner.
3. Counsel for Petitioner and Respondent will jointly submit to the Court for
signature a mutually approved Stipulated Final Judgment in this matter as soon as
practical hereafter.
4. Petitioner will pay Respondent the balance due of $ '3 0, 'I 00
within thirty (30) days of the actual date of receipt by Petitioner's counsel of a conformed
copy of the aforesaid Stipulated Final Judgment from the Court. .
Agenda Item No. 1.l21S~
Januflry .H~ 1
onPliMe 9 of 10 .
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The Courl will retain jurisdiction. herein as to the matter ofattomey's feesJ I+- tt.tI\.1
'o4iI. " If
..'
. 5.
6. Settlement of this. case is conditioned upon final 'approval' by Collier
County Boar~ of County Commissioners. /
7. Attached hereto i. an addendum to this agreement: / Yos
. No.
8. This agreement dated December 6, 2010, and attached addendum. if any,
contain(s) all of the agreementS of the parties.
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Rob1:rt N. Z arY
Florida Bar No: Si6604
ounty
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Agenda Item No. 16K3
January 11, 2011
Page 10 of 1 0
Collier County v. Mvrtle Preserve. LLC.. et ale
Addendum to Mediation held on December 6. 2010
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