Agenda 03/08/2011 Item #16K4
. EXECUTIVE SIJMMARY.
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318/20?~~J~~rn '16.K.~4.; I
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r"\ Approve..Aa~Order .-wardingexpert f_in connectioJJ.<wi6.tlieaeq*tioDofPareeI811 iu the
lawsuit stJle4Collier COltntyv.. Myrtle .p,.~erve, LLC,.et.4/.,Case. No. 07...o463-CA, Lely Area
Stormwater ImprovemeBtProjeet No. SHOt (FiseallmpaA:t$21,$U)
OBJECTIVE: That the Board approve theexpe1t fees and e08t$as$ociIltedWi~the acquisition of Parcel
811 in the lawsuit styled Collzer CQunty y. MyrtkPreserve. LLC...et.al..CaseNo.07..0463-CA
CONSIDERATIONS: On August 3, .2007, . an Order of Taking was entered in Collier County Circuit
Court regarding the acquisition of easements for. the Lely AreaStot'mwaterImprovetl1ent Project. On August
16, 2007, Collier County deposited with tbe Registry of the Court thesurn ()f$19,600 for Parcel 811 in
accordance with the Order of Taking.
On January. 11, 2011,.the Board approved the Stipulated Final Judptentin"Settlementofthisparcel.
Pursuant to Section 73.091(1), FloridaStf:Jtutes, the County is req1,lired.topayr~n~le expert: fees and'
expenses incurred in the defense of this matter. Staff recomQlends paymentoftbe foUowingfees:
app~sal fees in the amount of $6,500 and engineering fees in the amouQtof$IS,O 11
the tet1nsofwhichare set out in the Agreed Order Awarding Expert Fees attal;h~d as Exhibit "A".
The parent tract is vagmt. The appraiser prepared a written report. Theengi~rprepared a ~report
and his ftnn performed a boundary survey.. The issue in this case was whetbertheCounty's proje,cttlu'ned
thevaeal)tland>into a wetland. The engineer's invoiced amount is $17,682.61. ..Hehasagreedto ~ecept
$15,011. This is a 15% reduction. The appraiser's invoiced amount is $7,590. . He has agreed to accept
$6,500. This reduction is approximately a 14% reduction.
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Staff has reviewed the expert fees asset forth in the Agreed Order and collsiderS them. to be reasonable in
light of the statutory requirements as to costs and fees imposed upon the condemning authority. If the
County<goes to a cost hearing, the Countyis notr~uiredtopay the expertthatisrequesting the fee, but the
County is required to pay reasonable fees of any expertstbat are retained by owner to testify .as to the
reasonablel1ess of the fee. Thi$ means another ellgineerandanotheraPJ>rai~.Plusthe County will need to
hire experts to counter owner's .expeFts, and. the County will have to pay owner's attorney hourly for
supplemental proceedings.
FlSCALIMPACT: Funds in the amount of$21,5Uare availableinadvalorem,Stonnwater Improyelllent
Project No.SI101.
GROWfHMANA~El\IENT IMPACT: None.
LEGALCONSm~RATIONS:. This item is legally sufficient forBQard action and requires a majority vote
for approval. (HFAC)
RECOMMENDATION: Tbat the Board of County Commissioners approve the Agreed Order for Expert
Fees for Parcel 811 and authorize payment of the funds as stated.
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PREPARED BY: Heidi Ashton.Cicko~ Assistant County Attorney
CP\07-0463\374
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3/8/2011 Item
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ceLLIER COUNTY.
BOilrdofCoLlnty CommisSlon.rs
Item Number: l6.K.4.
Item SUMmary: Approve an Agreed Order awarding expert feesJn connection with the
acquisition of ParcelSl1 in the lawsui~ styled Collier Countyv. MyttlePre$~rve, UC., et at, Case
No. 07-0463-CA, Lely Area .Stormwater Improvement Project No. 511011Fiscallmpact $21,511)
Meeting Date: 3/a/2011
Prepared By
Name:CrotteauKathynell
Title: Legal Secretary,County Attorney
2/23/2011 8:23:55 AM
Approved $y
r".,
Name: TaylorLisa
Title: Management/Budget Analyst, Transportation Administr
Date: 2/23/2011 8:53:19 AM
Name: HendricksKevin
Title: Manager - . Rigbt of Way,Transportation Engineering
Date: 2/.2312011 1: 17:08 PM
Name: AhmadJay
Title: Director - Trans}X>rtationEngineering,Transportation Engineering&, Construction Management
Date: 2/23/2011 5:55:03 PM
Name: FederNorm
Title: Administrator - Growth Management Div,Trans}X>rtati
Date: 2/24/20113:12:09 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/1/20119:11:57 AM
Name: KlatzkowJeff
r-"'\ Title: County Attorney;
Date: 3/112011 10;41:28 AM
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Name: IsacksonMark
Title: Director-Corp Financial and Mgplt Svs,CMO
Date: 3/1/2011 3:17:23 PM
Name: lsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 3/1/2011 3:23:37 PM
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11 Item 16.K.4.
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
EXHIBIT
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COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Case No.: 07-0463-CA
Petitioner,
Parcel No.: 811
vs.
MYRTLE PRESERVE LLC, et al.
Respondents.
I
AGREED ORDER AWARDING EXPERT FEES
THIS CAUSE, having come before the Court upon joint motion made by Petitioner,
...-.. COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent,
CORNELIA JONES, by and through her undersigned counsel, for entry of an Agreed Order, and
the Court, being fully advised in the premises, it is hereby
ORDERED AND ADJUDGED that Respondent, COIU~ELIA JONES, receIve from
Petitioner, COLLIER COUNTY, FLORIDA, the sum of Six Thousand Five Hundred Dollars and
NollOO ($6,500.00) for appraisal fees incurred by Allied Appraisers & Consultants, Inc. in
connection with Parcel 811 ; it is further
ORDERED that Respondent, CORNELIA JONES, receive from Petitioner, COLLIER
COUNTY, FLORIDA, the sum of Fifteen Thousand Eleven Dollars and No/tOO (515,011.00) for
engineering services provided by Barraco and Associates, Inc. in COlUlcction with Parcel 811; it is
further
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ORDERED that within thirty (30) days of receipt of the Agreed Order entered by the Court,
Petitioner, COLLIER CO!JNTY, FLORIDA, shall disburse the sum of Twenty-One Thousand
Five Hundred Eleven Dollars and NollOO ($21,511.00) to the ROETZEL & ANDRESS TRUST
ACCOUNT c/o Kenneth A. Jones, Esquire, Roetzel & Andress, 2320 First Street, Suite 1000, Fort
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3/8/2011 Item 16.K.4.
Myers. Florida, 339Q1for the benefit of Respondent,
engineering fees for Parcel 81 I ;it is further
for appraisal fees and
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ORDERED that no additional fees or costs shall be awarded in this matter.
DONE AND ORDERED this _ day of
Florida.
, 2011, in Naples, Collier County,
HUGH D. HAYES
CIRCUIT COURT nJDGE
Conformed copies to:
Heidi Ashton-Cicko, Esquire
Kenneth A. Jones, Esquire
Jennifer Dixon-Abbott, Esquire
Kevin Hendricks, ROW Manager, TranspOliation/ECM
Bookkeeping
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JOINT MOTION
The Parties, by and through their undersigned attorneys, hereby move for entry of the
foregoing Agreed Order Awarding Expert Fees as to Parcel 811.
Dated:
Dated:
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HEIDI ASHTON-CICKO, ESQUIRE
Florida Bar No. 966770
OFFICE OF THE COUNTY ATTORNEY
HamlOn Turner Building
3299 East Tamian1i Trail, Suite 800
Naples, Florida 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
ATTORNEY FOR PETITIONER
KENNETH A. JONES, ESQUIRE
Florida Bar No.: 200158
ROETZEL & ANDRESS
2320 First Street, Suite 1000
Fort Myers, FlOlida 33901
(239) 337-3850 - Telephone
(239) 337-0970 - Facsimile
ATTORNEY FOR RESPONDENT,
COR1'lELIA JONES
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CP\07-0463\373
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