Loading...
Agenda 06/10/2008 Item #16K 1 Agenda Item No. i6K 1 June 10. 2008 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment for Parcels 140 and 140B in the lawsuit styled Collier County v. Edward Stanley Sanditen, et al., Case No. 02-5165- CA(Immokalee Road Project No. 6(018). (Fiscal Impact $ 19,991) OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment for payment of full compensation, expert fees and eosts, in settlement for the taking of Parcels ]40A and 140B in the lawsuit styled Collier County v. Edward Stantey Sandilen, el at., Case No. 02-5165-CA (Immokalee Road Project No. 60018). CONSIDERA TIONS: Prior to suit, staff offered the Respondent, Roy David Hilberg, $49,300 which was rejected. The County acquired the subject property by entry of an Order of Taking and by depositing the sum of $52,200. Due to a change in grade, the Respondent claimed damages. After engineering evaluation, the County and Respondent have negotiated a settlement of $62,000 as full compensation for the taking of these two parcels. In addition, this proposed settlement provides for payment of statutory attorney's fees and all expert fees and eosts in this case. If approved, the County will pay the following costs: . Additional Compensation: . Expert Witness Fees: . Statutory Attorney's Fees*: . TOTAL $ 9.800 $ 6,000 $ 4.19] $ 19,991 * Attorney's Fees are mandated by S 73.092, F.5., and are based on 33% of the difference between any settlement amount and the initial offer, i.e., 0.33 x ($62,000- $49,300). Attached is the proposed Stipulated Final Judgment. FISCAL IMPACT: Funds in the amount of $19,991 are available in the FY 2008 adopted budget. Source of funds are Impact Fees and/or Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the proposed Stipulated Final Judgment as to Parcels 140A and ]40B; 2. Approve the expenditure of funds as stated. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney 02.5165CA/780 Page I of2 ,A,gellda Item f\jo. 16K1 June 10 2008 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K1 Item Summary: Recommendation to approve a Stipulated Final Judgment for Parcels 140 and 1408 in the lawsuit styled Collier County v. Edward Stanley Sanditen, et aI., Case No. 02-5165-CA (lmmokalee Road Project No 60018) (Fiscal Impact $19,991) 6/10/20089.0000 AM Meeting Date: Prepared By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 5/23/200811:53:36 AM Approved By Najeh Ahmad Director Date TransportaUon Services Transportation Engineering & Construction Management 5/27/200811:35 AM Approved By Usa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 5127/20082:29 PM Approved By Enen T. Chadwell Assistant County Attorney Date County Attorney County I';ttorney Office 5/28/200810:56 AM Approved By Sharon Newman A.:counting Supervisor Date Transportation Services Transportation Services Admin 5128/2008 2:58 PM Approved By Jeff ~<Iatzkow Assistant County Attorney Date County Attorney Count~' Attame)' Office 5/29/20088:34 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM-ROW 5/29/2008 1 :54 PM Approved By OMS Coordinator OMS Coordinator D<.:te County Manager's Omee Office of Management & Budget 5/30/2008 9:27 AM Approved By Susan Usher Senior Management/Budget Anaiyst Date County Manager's Office Office of Management & Budget 6!4!2008 S:32 AM fiJe://C:\AeendaTest\ExDort\ 1 09-June%20 1 O. %202008\] 6.%20CONSENT%20AGENDA \ 16... 6/4/200& Approved By James V. r-JIudd County fVianager Date Board of ::':ounty Commissjoners County Manager's Office 6/4/2008 9:56 AM file://C:\ApenneTe,t\Fxnort\ I ()9-llIne%)()l () 0;,,) ()) ()()R\ 1 Ii %)()rnNSFNT%)()AGFNOA\ 1 Ii Page 20f2 :~S:T\ t.h. ,:;f<1 JL-m8 10 20D-3 ?c\.;,J2 ::. c)i 8 1i/4!?()()R Agenda Item r,o. i6K 1 June 10.2008 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, v. Case No. 02-5165-CA Parcel No. 140A, 140B EDWARD STANLEY SANDlTEN, et a!., Respondents. / STIPULATED FINAL JUDGMENT THIS CAUSE, having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, and Respondent, ROY DAVID HILBERG, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcels 140A and 140B, the Court finding that the compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA, is the full compensation due Respondent, ROY DAVID HILBERG, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that: 1. Respondent, ROY DAVID HILBERG, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Sixty Two Thousand and No/tOO Dollars ($62,000.00), as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said parcels. ::em i'~o. "1 'Sr(1 ,Llii8 10. ~)C;~'3 5813 2. Petitioner will be entitled to a credit for the good faith estimate of value previously deposited in the amount of$52,200.00. 3. Respondent shall receive, pursuant to Florida Statutes 973.092(1), as a reasonable attorney's fee, the sum of Four Thousand One Hundred Ninety-One and No/lOO Dollars ($4,191.00), based on a benefit to the property owner of $12,700.00, and that no other attorney's fees shall be awarded in this cause. 4. Respondent shall receive as full settlement of any and all claims for expert fees and costs the sum of Six Thousand and No/lOO Dollars ($6,000.00). 5. Within thirty (30) days of entry of this Order, Petitioner shall pay the sum of Nineteen Thousand Nine Hundred Ninety-One and No/100 Dollars ($19,991.00) made payable to Roetzel & Andress TRUST ACCOUNT, c/o Kenneth A. Jones, Esquire, 2320 First Street, Suite 1000, Ft. Myers, FL 33901 for proper disbursement in accordance with this Order. 6. Title to Parcels 140A and 140B, fee simple interests, 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 May 22, 2003, and the deposit of money heretofore made, is approved, ratified, and confirmed. 7. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3178, Page 2184 of the Public Records of Collier County, Florida, be dismissed as to Parcels 140A and 140B. 8. This Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida. 9. This Court retains jurisdiction to enforce the terms of this Stipulated Final Judgment. Agenda Item r"o. 16K 1 .Jcne 10. 20G8 Page 6 of 8 DONE AND ORDERED III Naples, Collier County, Florida, this day of ,2008. HUGHD.HAYES Circuit Court Judge Conformed copies to: Ellen T. Chadwell, Esquire Kenneth A. Jones, Esquire Kevin Hendricks, Transportation Dept. Accounting JOINT MOTION The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcels 140A and 140B. Dated: Dated: Kenneth A. Jones, Esquire Florida Bar No.: 0200158 Roetzel & Andress 2320 First Street, Suite 1000 Fort Myers, FL 33901 (239) 337-3850- Phone (239) 337-0970- Facsimile ATTORNEY FOR RESPONDENT: ROY DAVID HILBERG Ellen T. Chadwell Assistant County R y Florida Bar No.: 983860 Collier County Attorney's Office 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (239) 252-8400 - Phone (239) 252-6300 - Facsimile ATTORNEY FOR PETITIONER 1CC' R/" NORTH UNE or 15E.CTION 29 - - IMMOKALEE ROAi?- 5. . ~.~ <> . IX ~ / ~ ~\ 3- I i\ ",> if>-' .,l' ,C' 5.1 NO GIORDA AN1HON'f~, GIORDANO MI>-UREE"J . PG 41D O,R. \705, . 'c' ....\'k ~ EXHIBIT-"~ j A N FEE SIMPlE INTEREST ~ o 50 lOa 150 NOTES: 1. THIS IS NOT A SURVEY. 2. BASIS OF BEARING 15 N/A. 3. SUBJtCT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. '" NOT TO SCALE: DESCRIP TION: THE NORTHERLY \79.\6 fEET OF THE WEST 30'. FEET OF THE NORTH ONE HALF OF THE NORTH WEST QUARTER OF THE NORTHEAST QUARTER, LESS THE NORTH 100.00 FEETPRE~OUSL Y DEDlCA TED FOR STATE HIGHWAY 1646. SECTION 29, TOWNSHIP 4B SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. CON T AINING 0.055 ACRES MORE OR LESS. N.... 2' 2001 - CUll,1I I.lLAWIt 1:........ 1m.............. llll-al'-DOI\ MOJeC1l' ~ 600111 ....IICD. lOll. "~ CUl[W1, WI_Mille"'~- ,. "'-".~.~......,."....~.~~ .....I'orI~.a::....... l, _.....lMlb.....IIIM~.,.........,.,............__ r '/02 D;.- DAVID J. H . (FOR 1HE HRLl) FlA. lie. . 5834 NOT VAllO 'MTHOUT THE SIGNA-jURE AND THE ORIGINAL RAISED SEAL OF A F'LORIOA UCENSEO SUR~VOR AND UA.PPER REVISED 11/21 /D2 c:DWfR CCIJNTY DUWmAENT OF' 7/WISPORTA'IlOH SKm:H ANO DESCIlIPIlON ....OJCl;:'TNO" lUD1.f-OOCl-OOO-BGD01 rullO.: IH-IO 'rTi r\10. iGf\1 ne 10 2008 PdJ87of8 . r 100' R/VI NOR1\'\ UNt OF SECnON ,9 - - IMMOKALEE. ROAC?.- S.R. 846 lil ~I ~ 30' 5,7 NO ~~:~~~~'. ~\g~g~NO O.R. 1705. pG. 4~0 '" % :> ; 280' .s" "" \:x. ".> NOT TO SC^I.E: DESCRIPTION: Noteo: lHIBIT ...A... .... 52 "'..I1.- J\aenda item ~~o. 16K1 . . June 10, 2008 Pa;Je 8 of 8 N FEE SIMPLE IN'reREST ~ o 50 100 150 1. ThIs hs not 0 survey. 2. 800io of beorlng 10 N/A. 3. Sub-jec:t to easements, reservatlons and restrictIons of record. The Northerly 79.18 feot of tho Woot Two Kundrod Si>Cty Feet 260' of tho North Ono Helf of the North West Quarter of the Northeost Quartor, less the West 3D' feet, and tt'le North 100' feet. Section 29, Townshlp 48 South. Rango 27 Eeot. Colllor County, Floride. ContaInIng 0.416 ccres more or less. SCALE DAVID J. FLA.Uc. .5 NOT VALlD..,T UT tHE SIGNATURE: ,\ND THE ORIGINAL RAISED SEAL OF A. FLORIO';' UC!:NSEO SURVEYOR ANO MAPPER SKETCH AND DESCRIPTION WILKISON & ASSOCIATES INC.. ENGINEERS. SURVEYORS AND PLANNERS 3'0& EXCHANGE AVE.. NAPLES. FlA. 34104 (Q41) &43-2404 FAX NO, (Q41l 643-5173 FLORIDA BUSINESS UCENSE NO. 1115770 SEe UB w.o. NO. DRAWN BY FILE NAME M. (FOR THE FlRM) AS NOTED 29/1,6/27 0014.1 OWO. NO. OATE 02/02 SHEET , OF 1 " EAW 00-018-00.0WG fa pc; CHECKED BY DJK IR-L -HOB ,:,', "