Agenda 06/22/2010 Item #16K 1
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Agenda Item No.L1
June 22, ~i1'0
Page 1 of?
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment for Parcel No. 20T in the lawsuit
styled BCC v. Naples Heritage Community Development District, et aL, Case No. 06-0082-CA
(CR 951 Water Transmission Main Project No. 70151) and approve the required budget
amendment. (Fiscal Impact $2,625.00)
OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final
Judgment for payment of full compensation and attorney fecs for the taking of Parcel No. 20T in
the lawsuit styled BCC v. Naples Heritage Community Development District, et 01., Case No. 06-
0082-CA (CR 951 Water Transmission Main Project No. 70151) and approve the required
budget amendment
CONSIDERATIONS: The County acquired Parcel 20T, a temporary construction easement,
for the construction ofa potable water main along CR 951 by entry of an Order of Taking and by
depositing the sum of$2,600 in the court registry on May 4,2006. Prior to suit, staff offered the
Respondent, Toll-Rattlesnake, LLC, $1,900 which was rejected. The subject property was then
purchased by the Sembler Family Partnership #42, L TO and the parties have since negotiated the
proposed settlement of $4,400 as full compensation for the taking of Parcel No. 20T. In
addition, the Stipulated Final Judgment provides for payment of statutory attorney fees.
If approved, the County will pay the following costs:
. Additional Compensation:
. Statutory Attorney Fees:
TOTAL
$1,800.00
825.00
$2,625.00
The parent tract is part of the commercial planned unit development known as Hammock Park
Commercial Center. There are no expert fees and costs for Parcel 20T. If the County does not
desire to settle, then the owner will retain expcrt witnesses. The cost of an appraisal in an
eminent domain case is typically $6,000 or higher. The cost of mediation is ovcr $1,000. Both
costs are paid by the County.
FISCAL IMPACT: Funds in the amount of $2,625 are available in the FY 2010 adopted
budget with a budget amendment Source of funds are Water Impact Fees.
GROWTH MANAGEMENT IMPACT: This project will be considered and is connected
with and will further the goals and policics of the Collier County Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners:
L
2.
3.
Approve the Stipulated Final Judgment as to Parcel No. 20T;
Approve the expenditure of funds as stated; and
Approve a budget amendment
-
PREPARED BY: Heidi Ashton-Cicko, Assistant County Attorney
Agenda Item No 16K1
June 22, 2010
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K1
Meeting Date:
Recommendation to approve a Stipulated Final Judgment for Parcel No. 20T in the lawsuit
styled BCC v. Naples Heritage Community Development District, et aI., Case No. 06-0082-CA
(CR 951 Water Transmission Main Project No. 70151) and approve the required budget
amendment (Fiscal Impact $2.625)
6122/201090000 AM
Prepared By
Heidi F. Ashton
Section Chief/Land Use~Transport.ation
Date
County Attorney
County Attorney
6/4120102:23:22 PM
Approved By
Toni A. Matt
Manager - Property Acquisition & Const
M
Date
Administrative Services
Division
Facilities Management
6/7120108:09 AM
Approved By
Thomas Wides
Director - Operations Support - PUD
Date
Public Utilities Division
Utilities Finance Operations
6/71201012:37 PM
Approved By
Bala Sridhar
ManagemenUBudget Analyst, Senior
Date
Public Utilities Division
Utilities Finance Operations
617/201012:39 PM
Approved By
James W. Delany
Public Utilities Division Administrator
Date
Public Utilities Division
Public Utilities Division
S17/2010 1:00 PM
Approved By
Jeff Klatzkow
County Attorney
Date
SI1012o10 10:16 AM
Approved By
OMS Coordinator Date
County Manager's Office Office of Management & Budget 6/1012010 1:3S PM
Approved By
Susan Usher Management/Budget Analyst, Senior Date
Office of Management & Office of Management & Budget 6111/2010 3:S7 PM
Budget
, Approved By
Leo E. Ochs, Jr. County Manager Date
County Managers Office County Managers Office 6/11/2010 7:2S PM
genda Item o. 1 1
June 22, 2010
Page 3 of 7
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, as the
Governing Body of Collier County and as Ex-
Officio Governing Board of the Collier County
Water-Sewer District,
Petitioner,
Case No.: 06-0082-CA
v.
NAPLES HERITAGE COMMUNITY
DEVELOPMENT DISTRICT, et aI.,
Parcel No.: 20T
Respondents,
I
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as the
Governing Body of Collier County and as Ex-Officio Governing Body of the Collier County Water-
Sewer District, by and through its undersigned counsel, and Respondent, SEMBLER F AMIL Y
PARTNERSHIP #42, LTD, AS SUCCESSOR TO TOLL-RAITLESNAKE LLC (hereafter
"SEMBLER FAMILY PARTNERSHIP"), by and through its undersigned counsel, for entry of a
Stipulated Final Judgment as to Parcel 20T, 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 Respondent, and the Court being otherwise fully advised in the premises
thereof, it is thereupon
ORDERED AND ADJUDGED that Respondent, SEMBLER FAMILY PARTNERSHIP,
have and recover from Petitioner the swn of Four Thousand Four Hundred and No/IOO Dollars
($4,400.00) as full payment for the property interest taken and for damages resulting to the
remainder, ifless than the entire property was taken, business damages, and for all other damages in
connection with said parcel; it is further
ORDERED that Respondent, SEMBLER FAMILY PARTNERSHIP, receive from
Petitioner as a reasonable anorney's fee the sum of Eight Hundred Twenty-Five Dollars and
NollOO ($825.00). Except as provided herein, no attorney's fees or other costs shall be awarded in
connection with the above-styled cause of action as it relates to Parcel 20T; it is further
ORDERED that Petitioner is entitled to a credit in the amount of Two Thousand Six
Hundred Dollars and NollOO ($2,600.00) which was previously deposited into the registry of the
Clerk of the Circuit Court toward the acquisition of Parcel 20T at which time title to said parcel as
described in Exhibit "AU vested in the name of Petitioner, it is further
ORDERED that within thirty (30) days of entry of the Stipulated Final Judgment by the
Court, the Clerk of this Court shaH disburse the total amount of Two Thousand Six Hundred
Dollars and NollOO ($2,600.00) to the RUDEN MCCLOSKY TRUST ACCOUNT, clo Thomas
R, Bolf, Esquire, Ruden McClosky PA, P. 0 Box 1900, Fort Lauderdale, Florida 33302-1900, for
the benefit of Respondent, SEMBLER F AMIL Y PARTNERSHIP; it is further
ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Court, Petitioner shall disburse the total amount of One Thousand Eight
Hundred Dollars and No/lOO ($1,800.00) to the RUDEN MCCLOSKY TRUST ACCOUNT, c/o
Thomas R. Bolf, Esquire, Ruden McClosky PA, p, 0 Box 1900, Fort Lauderdale, Florida 33302-
1900, for the benefit of Respondent, SEMBLER F AMIL Y PARTNERSHIP; it is further
ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Court, Petitioner, shaH disburse the total amount of Eight Hundred
Twenty-Five Dollars and No/loo ($825.00) to THOMAS R. BOLF, ESQUIRE, Ruden McClosky
.'~'-
2of4
P.A., P. 0, Box 1900, Fort Lauderdale, Florida 33302-1900, for attorney's fees pursuant to Section
73.092, Florida Statutes; it is further
ORDERED that title to Parcel No, 20T, a Temporary Construction Easement, being fully
described in Exhibit "AU attached hereto and incorporated herein, which vested in Petitioner
pursuant to the Order of Taking dated April 25, 2006, and the deposit of money heretofore made, is
approved, ratified, and confirmed; provided, however, notwithstanding the Temporary Construction
Easement duration of 3 years from the commencement of construction set forth on the legal
description for Parcel 20T and Exhibit A attached hereto, Petitioner has completed the construction
for which Parcel 20T and the Temporary Construction Easement was obtained and therefore its title
to said Parcel 20T is hereby terminated and of no further force and effect; it is further
ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in
Official Record Book 3966, Page 2787, el seq., of the Public Records of Collier County, Florida be
dismissed as to Parcel 20T; it is further
ORDERED that 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 $277.11, plus any additional accrued
interest for Parcel 20T, to the Board of County Commissioners, account nwnber: 411-989010-
361190; it is further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of
Collier County, Florida. A title insurer or other third party shall be entitled to rely on the
recorded Stipulated Final Judgment as establishing the termination date of the Temporary
Construction Easement; it is therefore
30f4
gen a (em o.
June 22, 2010
Page 6 of 7
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _ day of.
.2010.
CIRCUIT COURT JUDGE
conformed copies to:
Heidi Ashton-Cicko, Esquire
Thomas R, Bolf, Esquire
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, SEMBLER
FAMILY PARTNERSHIP #42, LTD, AS SUCCESSOR TO TOLL-RAITLESNAKE LLC.
hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcel20T.
Dated:
Dated:
~(/'I..c..
HEIDI ASHTON-CICKO, ESQmRE
Florida Bar No.: 966770
OFFICE OF THE COUNTY A ITORNEY
Hannon Turner Building
3301 East Tamiami Trail
Naples, FL 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
A ITORNEY FOR PETITIONER,
COLLIER COUNTY
THOMAS R. ROLF, ESQUIRE
Florida Bar No.: 454419
RUDEN MCCLOSKY PA
P. O. Box 1900
Fort Lauderdale, FL 33302-1900
(954) 754-6660 - Telephone
(954) 764-4995 . Facsimile
AITORNEY FOR RESPONDENT,
SEMBLER FAMILY PARTNERSHIP LLC
#42, LTD, AS SUCCESSOR TO TOLL-
RA ITLESNAKE LLC
CPI06-0082-CA 14 I 5
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