Agenda 05/27/2008 Item #16K 1
Agenda Item No, 16K1
May 27, 2008
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners Approve the Proposed Joint
Motion for an Agreed Order Awarding Costs Relating to Parcel 143 in the Collier County v.
Charles R. Wilson, et aL, Case No. 02-5164-CA, Immokalee Road Project #60018. (Fiscal
Impact: $7,000.00).
OBJECTIVE: That the Board of County Commissioners approve the proposed Joint Motion for
the entry of an Agreed Order Awarding Costs for planning, engineering and surveying services on
behalf of the owner of Parcel 143 (Swigert) in the amount of$7,000.00 in Collier County v, Charles
R, Wilson, et af., Case No. 02-5 I 64.CA
CONSIDERATIONS: On March II, 2008, the Board of County Commissioners approved a
recommendation to accept an Offer of Judgment. Pursuant to Section 73.091, Fla. Stat., the
property owner is entitled to all reasonable and necessary costs incwTed in the defense of the
eminent domain proceeding. As part of the costs incurred in their defense, counsel for the property
owner has submitted an invoice from Morris-Depew Associates for planning, engineering and
surveying services in the amount of$8,191.53. As a result of negotiation, the parties have agreed
to $7,000,00,
If approved, the County will pay the following costs:
.-
. Appraisal Fees and Costs
TOTAL:
$7,000.00
$7,000.00
Attached is the proposed Joint Motion for Agreed Order.
FISCAL IMPACT: Funds in the amount of $7,000.00 are available in the FY 2008 adopted
budget. Source of funds are Gas Taxes and or Impact Fees,
GROWTH MANAGEMENT IMPACT: None,
RECOMMENDATION: That the Board of County Commissioners approve the Joint Motion for
Agreed Order Awarding Costs for expert fees and costs, and authorize the expenditure of funds
stated therein.
PREPARED BY:
Attorney
Ellen T. Chadwell, Assistant County Attorney. Office of the County
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Agenda Item No, 16K 1
May 27,2008
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16K1
Item Summary:
Recommendation that the Board of County Commissioners approve the Proposed Joint
Motion for an Agreed Order Awarding Costs Relating to Parcel 143 in the Collier County v
Charles R. Wilson, et aI., Case No. 02-5164-CA, Immokalee Road Project #60018. (Fiscal
Impact. $7,000,00)
5/27/2008 9:0000 AM
Meeting Date:
Prepared By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
41251200B 3:24:49 PM
Approved By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
41251200B 5:00 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
412B1200B10;23 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
412B1200B11,37 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
4/291200B 10:06 AM
A pproved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
41291200811 :19 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TEeM-ROW
51131200B 2:56 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
51141200B 8:50 PM
Approved By
I~,
OMS Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
51151200B 3;06 PM
file:l/C:\AgendaTest\Export\ I 08-May%2027,%202008\ 16, %20CONSENT%20AGENDA \] '" 5/21/2008
Page 2 of2
Agenda Item No, 16K 1
May 27, 2008
Page 3 of 5
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5116120083:03 PM
Approved By
Leo E. Oehs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
51171200812:03 PM
file://C:IAgendaTestIExportll 08-May%2027,%2020081 16. %20CONSENT%20AGENDA 11... 5/21/2008
Agenda Item No, 16K 1
May 27, 2008
Page 4 of 5
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, 02-5164-CA
CHARLES R. WILSON, et a!..
Parcel No,: 143
Respondents.
/
AGREED ORDER AWARDING COSTS
THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, JAMES L. SWIGERT and ESTIffiR E.
SWIGERT, by and through their undersigned counsel, for entry of an Agreed Order Awarding
Costs, and the Court, being fully advised in the premises, it is hereby ORDERED AND
ADJUDGED that:
1. Respondents, JAMES L. SWIGERT and ESTHER E. SWIGERT, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total swn of Seven Thousand and
No/lOO Dollars ($7,000.00) with respect to Parcel 143 for expert fees for the engineering,
planning and surveying services of Morris-DePew Associates.
2. Petitioner, COLLIER COUNTY, shall pay this swn within thirty (30) days from
the date of this Order to Roetzel & Andress TRUST ACCOUNT, c/o Kenneth A. Jones, Esquire,
2320 First Street, Suite 1000, Ft. Myers, FL 33901.
3. This Order disposes of all issues in this cause.
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Agenda Item No, 16K 1
May 27,2008
Page 5 of 5
DONE AND ORDERED in Naples, Collier County, Florida, this
day of
,2008.
Conformed copies to:
Ellen T, Chadwell, Esquire
Kenneth A. Jones, Esquire
J. Michael Coleman, Esquire
Kevin Hendricks, Transportation Dept.
Accounting
Circuit Court Judge
JOINT MOTION
The Parties, by and through their undersigned attorneys, hereby move for entry of the
foregoing Agreed Order A warding Costs,
Dated:
Kenneth A. Jones, Esquire
Florida Bar No,: 0200158
Roetzel & Andress
2320 First Street, Suite 1000
Fort Myers, FL 3390 I
(239) 337-3850- Phone
(239) 337-0970- Facsimile
ATTORNEY FOR RESPONDENT: JAMES
L. SWIGERT and ESTHER E. SWIGERT
Dated:
Ellen T. Chadwel~
Assistant County A orney
Florida Bar No.: 983860
330 I East Tarniarni Trail, 8th Floor
Naples, Florida 34 112
(239) 252-8400 - Phone
(239) 252-6300 - Facsimile
ATTORNEY FOR PETITIONER