Agenda 02/09/2010 Item #16K3
Agenda Item No. 16K3
February 9, 2010
Page 1 of 10
Recommendation to anthorize a Stipulated Fiual Judgment in the amount of $39,500 for
Parcels 148 and 948 in the lawsuit styled Collier County v. Elizabeth D. Bloch, et aL, Case No.
03-2403-CA (Golden Gate Parkway Project #60027), and to authorize a budget amendment
(Fiscal Impact $33,684).
EXECUTIVE SUMMARY
OBJECTIVE: That the Board of County Commissioners authorize the attached Stipulated Final
Judgment for payment of full compensation, for the taking of Parcels 148 and 948 in the lawsuit
styled Collier County v. Elizabeth D. Bloch, et. al., Case No. 03-2403-CA (Golden Gate Parkway
Project No. 60027), and to authorize a budget amendment for payment of the stated funds.
CONSIDERATIONS: Collier County has condemned .16 acres for a non-exclusive road right-of-
way drainage and utility easement (Parcels 148), and an exclusive anchor easement (Parcel 948)
from homeowners William C. Brock, Jr., and Lisa W. Brock. The County's initial appraisal valued
the taking at $21,500. The County offered the owner $24,700 as the County's statutory offer on
March 7, 2003, based on the initial appraisal of $21 ,500 plus a settlement incentive of $3,200. The
offer was not accepted. An updated appraisal, dated August 23, 2003, reflected an increase in the
market value to $23,700 for the taking. An Order of Taking hearing was held on September 12,
2003, and the County deposited the sum of $23,700 in the Court Registry. The owners' appraiser
valued the takes at $82,200. There is a disparity between the County's and the owners' appraised
value of improvements. In addition, the County's appraiser found no damages; however, the
owners are claiming damages for partial cost to cure as well as the reduction in value of their
property due to the reduced setback caused by the construction of the six lane roadway (Golden
Gate Parkway).
On January 13, 2010, mediation was held and a settlement was reached. Staff recommends
settlement in the amount of $39,500, plus attorney's fees, expert fees and costs. If approved, the
County will be responsible for the fo Bowing costs:
Additional Amount Owed:
* Attorneys fees and costs:
*Fees and costs for experts:
TOTAL
$15,800
$ 4,884
$13.000
$33,684
* Attorney's Fees are mandated by p3.092, F.S., and are based on 33% of the total benefit
achieved, i.e., 0.33 x ($39,500 - $24,700).
* Experts include an engineer, an appraiser and a landscape architect.
FISCAL IMPACT: Funds in the amount of $33,684 are available in Impact Fee District 2
Reserves. A budget amendment in the amount of $33,684 is needed. Source of funds are Impact
Fee District 2 Reserves.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ
RECOMMENDATION: That the Board of County Commissioners authorize the Stipulated
Final Judgment as to Parcels 148 and 948, and authorize all necessary budget amendments and
payment of the funds as stated.
PREPARED BY: Robert N. Zachary, Assistant County Attorney
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16K3
February 9. 2010
Page 2 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K3
Recommendation to authorize a Stipulated Final Judgment in the amount of $39,500 for
Parcels 148 and 948 in the lawsuit styled Collier County v. Elizabeth D. Bloch. et aI., Case
No. 03-2403-CA (Golden Gate Parkway Project #60027). and to authorize a budget
amendment (Fiscal Impact $33,684).
2/9/20109:00:00 AM
Date
Prepared By
Robert N. Zachary
County Attorney
Assistant County Attorney
County Attorney
1/27/201012:55:51 PM
Date
Approved By
Robert N. Zachary
County Attorney
Assistant County Attorney
County Attorney
1/27/20104:57 PM
Date
Approved By
Therese Stanley
Transportation Division
Manager ~ Operations Support ~ Trans
Transportation Administration
1/28/201010:31 AM
Date
Approved By
Kevin Hendricks
Transportation Division
Manager - Right of Way
Transportation Engineering &
Construction Management
1/28/201011:12 AM
Date
Approved By
Norm E. Feder, AICP
Transportation Division
Administrator - Transportation
Transportation Administration
1/28/20101:05 PM
Date
Approved By
Lisa Taylor
Transportation Division
Management/Budget Analyst
Transportation Administration
1/29/2010 8:01 AM
Date
Approved By
Heidi F. Ashton
County Attorney
Section Chief/Land Use-Transportation
County Attorney
1/29/20105:03 PM
Date
Approved By
Najeh Ahmad
Transportation Division
Director - Transportation Engineering
Transportation Engineering &
Construction Management
2/2/20107:28 AM
Date
Approved By
Jeff Klatzkow
County Attorney
Agenda Item No. 16K3
February 9. 2010
Page 3 of 10
2/2/20108:50 AM
Approved By
Date
OMS Coordinator
County Manager's Office
Office of Management & Budget
2/2/20109:31 AM
Susan Usher
Date
Approved By
Office of Management &
Budget
Management/Budget Analyst, Senior
Office of Management & Budget
2/2/201010:03 AM
Mark Isackson
Management/Budget Analyst, Senior
Date
Approved By
Office of Management &
Budget
Office of Management & Budget
2/2/201011:41 AM
Agenda Item No. 16K3
February 9, 2010
Page 4 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,
Case No. 03-2403-CA
v.
ELIZABETH D. BLOCH, et al.,
Parcel: 148, 948
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 Respondents,
WILLIAM C. BROCK, JR. and LISA W. BROCK, by and through their undersigned counsel, for
entry of a Stipulated Final Judgment as to Parcels 148 and 948 for Project No. 60027, 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 Respondents, WILLIAM
C. BROCK, JR. and LISA W. BROCK, and the Court being otherwise fully advised in the
premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondents, WILLIAM C. BROCK, JR. and LISA
W. BROCK, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of
Thirty-Nine Thousand Five Hundred and No/IOO Dollars ($39,500.00) for Parcels 148 and 948, 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 connection with said parcel; it is further
Agenda Item No. 16K3
February 9. 2010
Page 5 of 10
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, is
entitled to a credit for the good faith estimate of value previously deposited in the amoWlt of
$23,700.00; it is further
ORDERED AND ADJUDGED that Petitioner is obligated to pay attorney's fees in the total
amoWlt of Four Thousand Eight HWldred Eighty-Four and No/IOO Dollars ($4,884.00), and no
additional attorneys fees will be paid in this matter; it is further
ORDERED AND ADJUDGED that Petitioner shall pay fees and costs of expert engineer,
landscape architect and appraiser in the aggregate amoWlt of Thirteen Thousand and No/IOO
Dollars ($13,000.00), and no further expert fees and costs shall be paid in this matter; it if further
ORDERED AND ADJUDGED that within thirty (30) days hereof, Petitioner shall pay the
total sum of Fifteen Thousand Eight HWldred and No/IOO Dollars ($15,800.00) payable to
WILLIAM and LISA BROCK, 5890 Golden Gate Parkway, Naples, Florida 34116-7459; it is
further
ORDERED AND ADJUDGED that within thirty (30) days hereof, Petitioner shall pay the
total sum of Seventeen Thousand Eight HWldred Eighty-Four and No/IOO Dollars ($17,884.00)
payable to the Forman, Hanratty and Montgomery, P.A. Trust AccoWlt, c/o Vanessa Thomas,
Esquire, 723 East Fort King Street, Ocala, Florida 34471-2233, for proper disbursement in
accordance with this order; it is further
ORDERED AND ADJUDGED that the interest to Parcel 148, being a perpetual, non-
exclusive road right-of-way, drainage and utility easement, and the interest to Parcel 948, being an
exclusive anchor easement, which are fully described in Exhibit "A" attached hereto and
incorporated herein, are vested in Petitioner pursuant to the Order of Taking dated September 12,
2003, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further
2
Agenda Item No. 16K3
February 9, 2010
Page 6 of 10
ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled
cause and recorded in Official Record Book 3313, Page 1076 of the Public Records of Collier
County, Florida be dismissed as to Parcels 148 and 948; it is further
ORDERED AND ADJUDGED that the Court reserves jurisdiction to enforce the terms of
this Stipulated Final Judgment; 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
ORDERED AND ADJUDGED that this Order disposes of all claims arising out of the
taking of Parcels 148 and 948 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
.2010.
HONORABLE HUGH D. HAYES
CIRCUIT COURT JUDGE
confonned copies to:
Robert N. Zachary, Esquire
Vanessa Thomas, Esquire
Butler & Hosch, P.A.
Kevin Hendricks, Acquisition Mgr./Transp.
Accounting
3
Agenda Item No. 16K3
February 9, 2010
Page 7 of 10
.JOINT MOTION FOR STIPULATED FINAL .JUDGMENT
Petitioner, COLLIER COUNTY. FLORIDA, together with Respondents. WILLIAM C.
Stipulated Final Judgment as to Pareels 148 and 948.
BROCK, JR. and LISA W. BROCK, hereby respectfully move tor entry of the foregoing
Dated;
'--cl(L.v\..t /~\ Dk".11,(\[V.1
VANESSA THOMAS, ESQUIRE
Florida Bar No. 702412
Fonnan. Hanratty & Montgomery
723 East Fan King Street
Ocala. Florida 34471-2233
(352)732-3915 - Telephone
(352)35] -1690 - Faesimile
AHO""lcY FOR RESPONDENTS,
WILLIAM C. BROCK. JR. & LISA W. BROCK
CP:03-2.ll u-c i\: 7 .~H
Dated:
(!- ROBERTN.ZACHARY
Florida BarNo. 816604
ASSISTANT COUNTY A HORNEY
Halmon Turner Building, 81h Floor
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
A HORNEY FOR PETITIONER,
COLLIER COUNTY, FLORIDA
4
Agenda Item No. 16K3
February 9, 2010
Page 8 of 10
CERTllnCATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
U.S. Mail to the parties listed below on this the _ day of February, 2010
ROBERT N. ZACHARY
ASSISTANT COUNTY ATIORNEY
PARCEL 148/948
William C. Brock, Jr., and Lisa W. Brock
c/o Vanessa Thomas, Esq.
Forman, Hanratty & Montgomery
723 East Ft. King Street
Ocala, Florida 34471
First Horizon Home Loan Corporation
clo Butler & Hosch, P.A.
3185 South Conway Rd., Ste. E
Orlando, FL 32812
5
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genda Item No. 16K3
February 9, 2010
Page 9 of 10
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Agenda Item No. 16K3
February 9, 2010
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