Agenda 09/15/2009 Item #16K 6
Agenda Item No. 16K6
September 15, 2009
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $9,000 for Parcel
169 in the lawsuit styled Collier County v. Thomas F. Salzmann, et al., Case No. 03-2550-CA
(Golden Gate Parkway Project 60027). (Fiscal Impact $6,246.80)
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for
payment of full compensation, for the taking of Parcel 169 in the lawsuit styled Collier County v.
Thomas F. Salzmann, et. al., Case No. 03-2550-CA (Golden Gate Parkway Project 60027).
CONSIDERATIONS: Collier County has condemned a .071 acre parcel for a perpetual non-
exclusive road right-of-way, drainage and utility easement (Parcel 169) from property owners
Joseph M. Manning and Beth A. Manning. The County's appraisal dated January 6, 2003, valued
the taking at $6,300. The County offered the owner $7,040 as the County's statutory offer on
March 7, 2003. The offer was not accepted. A second appraisal reflected the value of the take at
$7,400. An Order of Taking hearing was held on September 19,2003, and the County deposited the
sum of$7,400 in the Court Registry.
Staff recommends settlement in the amount of $13,646.80, inclusive of attorney's fees, expert fees
and costs. See attached Stipulated Final Judgment. If approved, the County will be responsible for
the following costs:
-
Additional amount owed:
* Attorneys fees:
Expert fees and costs:
TOTAL
$1,600.00
$ 646.80
$4,000.00
$6,246.80
* Attorney's Fees are mandated by g73.092, F.S., and are based on 33% of the total benefit
achieved, i.e., 0.33 x ($9,000 - $7,040).
FISCAL IMPACT: Funds in the amount of $6,246.80 will come from Gas Taxes and Impact
Fees. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. This is a regular
item requiring a simple majority vote. RNZ
RECOMMENDATION: That the Board of County Commissioners approve the Stipulated
Final Judgment as to Parcel 169 and authorize payment of the funds as stated.
.-
PREPARED BY: Robert N. Zachary, Assistant County Attorney
CP:03-2550;984
r a!:;;1;; I VI L.
Agenda Item No. 16K6
September 15, 2009
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16K6
Item Summary:
Recommendation to approve a Stipulated Final Judgment in the amount of $9,000 for Parcel
169 in the lawsuit styled Collier County v. Thomas F. Salzmann, et aI., Case No. 03-2550-CA
(Golden Gate Parkway Project 60027). (Fiscal Impact $6,246.80)
9/15/20099:0000 AM
Meeting Date:
Prepared By
Robert N. Zachary Assistant County Attorney Date
County Attorney County Attorney Office 8/26/200911:16:02AM
Approved By
Robert N. Zachary Assistant County Attorney Date
County Attorney County Attorney Office 8/26/20094:56 PM
Approved By
Lisa Taylor Management/Budget Analyst Date
Transportation Services Transportation Administration 8/27/20098:35 AM
Approved By
Kevin Hendricks Right Of Way Acquisition Manager Date
Transportation Services TECM-ROW 8/27/2009 12:03 PM
Approved By
Najeh Ahmad Director Date
Transportation Engineering &
Transportation Services Construction Management 8/28/2009 9:56 AM
Approved By
Therese Stanley Grants Coordinator Date
Transportation Transportation Administration 8/28/200910:57 AM
Approved By
Norm E. Feder, AICP Transportation Division Administrator Date
Transportation Services Transportation Services Admin. 8/28/2009 2:04 PM
Approved By
Heidi F. Ashton Assistant County Attorney Date
County Attorney County Attorney Office 8/28/2009 4:22 PM
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 9/1/2009 3:25 PM
~ abl..- ""- V.l ""-
Agenda Item No. 16K6
September 15, 2009
Page 3 of 8
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
9/2/200910:07 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
9/2/2009 11 :46 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
9/2/2009 5:04 PM
r'"1 1/,--, \ A
Agenda Item No. 16K6
September 15. 2009
Page 4 of 8
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, a political subdivision
of the State of Florida,
Petitioner,
Case No. 03-2550-CA
v.
Parcel No.: 169
THOMAS F. SALZMANN, et al.,
Respondents.
/
STIPULATED 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,
JOSEPH M. MANNING and BETH A. MANNING, by and through their undersigned counsel for
entry of a Stipulated Final Judgment as to Parcel 169, 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, COLLIER COUNTY, FLORIDA, is the full compensation due Respondents, JOSEPH
M. MANNING and BETH A. MANNING, and the Court being otherwise fully advised in the
premises thereof, it is thereupon,
ORDERED AND ADJUDGED that Respondents, JOSEPH M. MANNING and BETH A.
MANNING, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Nine
Thousand Dollars and No/tOO ($9,000.00) as full payment for the property interests taken and for
damages resulting to the remainder, if less than the entire property was taken, business damages,
and for all other damages in connection with said parcel; it is further
1
Agenda Item No. 16K6
September 15. 2009
Page 5 of 8
ORDERED that Respondents, JOSEPH M. MANNING and BETH A. MANNING, receive
from Petitioner, COLLIER COUNTY, FLORIDA, as a statutory attorney's fee the sum of Six
Hundred Forty-Six Dollars and 80/100 ($646.80), pursuant to Section 73.092, F.S.; it is further
ORDERED that Respondents, JOSEPH M. MANNING and BETH A. MANNING, receive
from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Four Thousand Dollars and 00/100
($4,000.00) for appraisal fees, it is further
ORDERED that except as provided herein, no additional fees or costs shall be awarded to
Respondents, it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit in the
amount of Seven Thousand Four Hundred Dollars and No/IOO ($7,400.00) which was
previously deposited into the registry of the Clerk of the Circuit Court toward the acquisition of
Parcel 169 at which time title to said parcel as described in Exhibit "A" vested in the name of
Petitioner; it is further
ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the total
amount of Five Thousand Six Hundred Dollars and 00/100 ($5,600.00) to the PETER T. FLOOD
TRUST ACCOUNT, c/o Peter T. Flood, Esquire, 125 North Airport Road, Suite 202, Naples,
Florida 34104, equaling the balance of full compensation due to Respondents and appraisal fees; it
is further
ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the total
amount of Six Hundred Forty-Six Dollars and 80/100 ($646.80) to PETER T. FLOOD,
ESQUIRE, 125 North Airport Road, Suite 202, Naples, Florida 34104 for statutory attorney's fees;
it is further
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Agenda Item No. 16K6
September 15, 2009
Page 6 of 8
ORDERED that title to Parcel 169, a Perpetual, Non-Exclusive Road Right-of-Way
Drainage and Utility Easement, being fully described in Exhibit "A" attached hereto and
incorporated herein, which vested in Petitioner, COLLIER COUNTY, FLORIDA, pursuant to the
Order of Taking dated September 19, 2003, and the deposit of money heretofore made, is approved,
ratified, and confirmed; it is further
ORDERED that this Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment; it is further
ORDERED that this Stipulated Final Judgment is subject to approval by the Board of
County Commissioners of Collier County, Florida; it is further
ORDERED that the Notice of Lis Pendens filed in this action and recorded in Official
Record Book 3322, Page 259 et seq., of the Public Records of Collier County, Florida be dismissed
as to Parcel 169; it is further
ORDERED AND ADJUDGED that pursuant to Section 74.051(4), F.S., the Clerk of Courts
shall disburse the interest earned on the funds on deposit in the amount of $82.57, plus any
additional accrued interest for Parcel 169 to the Board of County Commissioners, account number:
333-163653-600274; it is further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of
Collier County, Florida; it is therefore
DONE AND ORDERED in Chambers at Naples, Collier County, Florida this
,2009.
day of
CYNTHIA A. PIV ACEK
CIRCUIT COURT JUDGE
Conformed copies to:
Robert N. Zachary, Esquire
Peter T. Flood, Esquire
Kevin Hendricks, Transportation TECM
Accounting
3
Agenda Item No. 16K6
September 15, 2009
Page 7 of 8
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
The Parties hereby stipulate and respectfully request this Court to enter the foregoing Joint
Motion for Stipulated Final Judgment as to Parcel 169.
,0'-0
Dated:
ETER T. FLOOD, ESQUIRE
Florida Bar No.: 443077
125 North Airport Road
Naples, FL 34104
(239) 263-2177 - Telephone
ATTORNEY FOR RESPONDENTS
l2.-z....
r- ROBERT N. ZACHARY, ESQUIRE
Florida Bar No.: 816604
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
4
PI;l.RCEL NO. / (,,' .
PERPETUAL. NON.exa",~ .
ROAD RIGHT-OF-WAY, DRAINAGE
AND lITILI1Y EASeMENT
\,
EXH\81T
/1
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Agenda Item No. 16K6
September 15, 2009
Page 8 of 8
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