Agenda 12/16/2008 Item #16K 4
.I\genda Item No. 16K4
December 16. 2008
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgmeut in the amouut of $39,000.00 for
Parcel 1 84RDUE in the lawsuit styled Collier County v. Helmut Hittinger and Lynda Hittinger,
as Co-Trustees of the Helmut Hittinger Revocable Trust dated Apri/29, 1991, et al., Case No. 07-
3898-CA (Oil Well Road Project No. 60044). (Fiscal Impact $27,800.00)
OBJECTIVE: That the Board of Comty Commissioners approve a Stipulated Final Judgment for
payment of full compensation, for the taking of Parcel 184RDUE in the lawsuit styled Collier
County v. HELMUT H1TT1NGER And LYNDA HITTINGER, As Co-Trustees Of The Heimut
Hittinger Revocable Trust Dated April 29, 1991, et. al., Case No. 07-3898-CA (Oil Well Road
Project No. 60044).
CONSIDERATIONS: Collier County has condemned a .321 acre parcel for a perpetual non-
exclusive road right-of-way, drainage and utilities easement (Parcel 184RDUE) from owners
Helmut Hittinger and Lynda Hittinger, as Co-Trustees. The County's initial appraisal dated
February 9,2007, valued the taking at $23,900.00. The County offered the owner $31,780.00 as the
County's statutory offer on October 22, 2007 based on the initial appraisal of $23,900.00 plus a
settlement incentive of $7,880.00. An updated appraisal, dated November 2, 2007, shows a
declining market value of $11,200.00 for the taking. An Order of Taking hearing was held on
January 9, 2008, and the County deposited the stun of $11,200.00 in the Court Registry. Owners
have presented a counter ofTer of $97,900.00, plus attorney's fees and expert fees and costs.
~,
Staff recommends settlement of $39,000.00, inclusive of attorney's fees, expert fees and costs,
which reflects the reasonable probability of the development of community scale retail at the
intersection of Oil Well Road and Everglades Boulevard. See attached Stipulated Final Judgment.
If approved, the Comty will be responsible for the following costs:
Additional settlement amount, including
Attorney's fees, expert fees and costs:
TOTAL:
$27.800.00
$27,800.00
FISCAL IMPACT: Funds in the amount of $27,800.00 will come from the Gas Taxes and Impact
Fees. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDER>\.TIONS: This item is legally sufficient for Board action, is not quasi-
judicial and as such, ex-pmie disclosure is not required. This item requires only a majority vote. RNZ
,,-.
RECOMMENDATION: That the Board of County Commissioners approve the Stipulated
Final Judgment as to Parcel I 84RDUE and authorize the deposit of funds into the Court Registry
and payment of the funds as stated.
PREPARED BY: Robert N. Zachary, Assistant County Attol11ey
CP:07-3898;134
Page 1 of2
Agenda Item No. 16K4
December 16, 2008
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16K4
Recommendation to approve a Stipulated Final Judgment in the amount of $39,000,00 for
Parcel 184RDUE in the lawsuit styled Collier County v. Helmut Hittinger and Lynda Hittinger,
as Co-Trustees of the Helmut Hittinger Revocable Trust dated April 29. 1991, et aI., Case No.
07.3898-CA (Oil Well Road Project No 60044) (F'scallmpact $27.800.00)
12/16/200890000 AM
Item Number:
Item Summary:
Prepared B)'
Robert N. Zachary
County Attorney
Assistant County Attorney
County Attorney Office
Date
11/24/20084:14:20 PM
Approved By
Brian Hancock
Operations Support Manager
Date
Transportation Division
Transportation Administration
11/26/200811:46AM
Approved By
Robert N. Zachary
County Attorney
Assistant County Attorney
County Attorney Office
Date
11/26/20082:00 PM
Approved By
Lisa Taylor
ManagemenUBudget Analyst
Date
Transportation Services
Transportation Administration
11/26/20083:00 PM
Approved B)"
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM-ROW
12/1/200812:20 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
12/2/200810:48 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
12/2/20081:13 PM
Approved By
Jeff KJatzkow
County Attorney
Assistant County Attorney
County Attorney Office
Date
12/3/20083:07 PM
Approved OJ
OMB Coordinator
Applications Analyst
Information Technology
Date
Administrative Services
12/4/20088:12 AM
Approved B~'
John A. Y onkosky
Director of the Office of Management
Date
Cou..ty Mar;agr;;r's Office
OffiCG of lV:a:;agernent & 8u-':get
~ 2:~i20G(1 0 A4 ;"iJl
/\pproved B~'
James V. Mudd
County Manag~r
Date
file://C:\AgendaTest\Export\118-December%20 16_%202008\ 16.'Yo20CONSENT%20AGE... 12/1 0/2008
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Page 2 of 2
Agenda Item No. 16K4
December 16. 2008
Page 3 of 8
Board of County
Commissioners
County Manager's Office
12/4/20088:22 PM
file://C:\AgendaTest\Export\ 118-December'Yo20 16.'Yo202008\ 16.%20CONSENT'Yo20AGE... 12/1 0/2008
,4genda Item No. 16K4
December 16, 2008
Page 4 of 8
N 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. 07-3898-CA
v.
HELMUT HITTINGER and LYNDA
HITTINGER, as Co-Trustees of the Helmut
Hittinger Revocable Trust dated Apri129, 1991,
et aI"
Parcel: 184RDUE
Respondents.
I
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLLlER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents,
HELMUT HlTTINGER and LYNDA HITTINGER, as Co-Trustees of the Helmut Hittinger
Revocable Trust dated April 29, 1991, by and through their undersigned counsel, for entry of a
Stipulated Final Judgment as to Parcel J 84RDUE, 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, HELMUT HITllNGER and LYNDA HITTINGER, as
Co-Trustees, and the Court being otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondents, HELMUT HITTINGER and LYNDA
HITllNGER, as Co-Trustees, have and recover from Petitioner, COLLIER COUNTY, FLOR...TDA,
the total sum of Twenty-Nine Thousand and Noll 00 Dollars ($29,000.00) for Parcel 184RDUE, 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
!\genda Item No. 16K4
December 16, 2008
Page 5 of 8
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
$11,200.00; it is further
ORDERED A!'\D ADJUGED that without further order of the Court, that the Clerk shall
pay, within thirty (30) days hereof, the Clerk shall pay to Respondents, HELMUT HITIINGER and
LYNDA HITTINGER. as Co-Trustees, the total sum of $11.200,00, made payable to the Bella Y.
Patel, P.A Trust Account, clo Bella Y. Patel, Esq., 13026 Waterford Run Drive, Riverview, FL,
33569, for the benefit of HELMUT HITTINGER and LYNDA HITTINGER, as Co-Trustees; it is
further
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay
an additional Seventeen 1110usand Eight Hundred and No/IOO Dollars ($17,800.00) to
Respondents, HELMUT HITTlNGER and LYNDA HITTINGER, as Co-Trustees, inclusive of
attorneys fees, expert fees and costs, and no other fees and costs shall be awarded; it is further
ORDERED Ai\D ADJUDGED that Respondents will receive, as a reasonable attorney's
fee and expert witness fees and defense costs in the sum of Ten Thousand and Noll 00 Dollars
($10,000.00), and no aHomey's fees or other costs shall be awarded in connection with the above-
styled cause of action as it relates to ParceI184RDUE; it is further
ORDERED AND ADJUDGED that Petitioner shall pay, within thirty (30) days hereof, the
total swn of Twenty-Seven Thousand Eight Hundred and Noll 00 Dollars ($27,800.00), made
payable to the Bella Y. Patel, P.A Trust Account, clo Bella Y. Patel, Esq., 13026 Waterford Run
Drive, Riverview. 1'1. 33569. for proper disbursement in accordance with this order; it is further
ORDERED A"iD ADJUDGED that fee simplc title to Parcel I84RDUE. a perpetual non-
exclusive road right-ot~way, drainage and utilities casement, being fully described in Exhibit "A"
attached hereto and incorporated hereinc which vested in Petitioner purslH.Lnt to the Order of Taking
2
Agenda Item No. 16K4
December 16, 2008
Page 6 of 8
dated January 9, 2008. 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 4295, Page 2102 of the Public Records of Collier
County, Florida be dismissed as to Parcel 184RDUE; it is further
ORDERED AND ADJUDGED 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 $ made
payable to the Board of County Commissioners, c/o the Office of the County Attorney, 3301
Tamiami Trail, Naples. East, Florida 34112; 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 Parcel 184RDUE 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
,20_
HONORABLE HUGH D. HAYES
CIRCUIT COURT JUDGE
conformed copies to:
Robert N. Zachary. Esquire
Bella Y Patel, Esquire
Kevin Hendricks, Acquisition Mgr.rrransp.
Accounting
3
l\genda item No. 16K4
December 16. 2008
Page 7 of 8
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, HELMUT
HITTINGER and LYNDA HITTINGER, as Co-Trustees of the Helmut Hittinger Revocable
Trust dated April 29, 1991, hereby respectfully move for entry of the foregoing Stipulated Final
Judgment as te> Parcell 84RDUE.
1\\ Z~.(
~~, P't~
\
BELLA Y. PATEL, ESQ.
Florida Bar No. 896489
LAW OFFICE OF BELLA Y. PATEL, PA
13026 Waterford Run Drive
Riverview, FL 33569
(813) 643-2762 - Telephone
(813) 643-2612 - Facsimile
ATTORNEY FOR RESPONDENTS,
HELMUT HITTlNGER & LYNDA HITTINGER,
as Co-Trustees
Dated:
CPo07.3898-CA;I33
Dated:
~ ROBERT N. ZACHARY
Florida Bar No. 816604
ASSIST ANT COUNTY ATTORNEY
Harmon Turner Building, 8th Floor
3301 East Tamiami Trail
Naples, Florida 341 12
(239) 774-8400 - Telephone
(239) 252-6300 - Facsimile
A TIORNEY FOR PETITIONER
4
Agenda item No. 16K4
December 16. 2008
Page 8 of 8
PROJECT NO. 80044
PROJECT PARCEL NO. lB<lRDUE
PERPETUAl, NON-EXCLUSIVE ROAD RIGHT-OF-WAY. DRAINAGE ANO UTlLlTI EASEMENT
LEGAL DESCRIPTION & SKEITCH
(NOT A SURVEY).
EXlllBIT "A"
THE EAST 70 FEET OF THE WEST 120 FEET OF TRACT 3, LESS THE
SOUTH 30 FEEITTHEREOF,GOLDEN GATE ESTATES UNIT NO. 55-A.
AS RECORDED IN PLAT BOOK 9, PAGE 46 OF mE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 0.321 ACRES, MORE OR LESS.
TRACT 3
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