Agenda 04/22-23/2008 Item #16K 2
Agenda Item No. 16K2
April 22, 2008
Page 1 of6
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: $4,000.00).
OBJECTIVE: That the Board of County Commissioners approve the proposed Joint Motion for
the entry of an Agreed Order awarding appraisal fees and costs in the amount of $4,000.00 resulting
from the condemnation of Parcel 143 in Collier County v, Charles R. Wilson, et al., 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 incurred in the defense of the
eminent domain proceeding. As pali of the costs incurred in their defense, counsel for the property
owner has submitted an invoice from W. Michael Maxwell, MAl, SRA for appraisal services in the
amount of$4,812.50. As a result of negotiation, the parties have agreed to $4,000.00.
If approved, the County will pay the following costs:
. Appraisal Fees and Costs
TOTAL:
$4.000.00
$4,000,00
Attached is the proposed Joint Motion for Agreed Order,
FISCAL IMPACT: Funds in the an10unt of $4,000.00 are available in the FY 2008 adopted
budget. Source of funds are Gas Taxes and or Impact Fees.
GROWTH MANAGEMENT IMPACT: None,
RECOMMENDA TION: That the Board of County Commissioners:
I, Approve the Joint Motion for Agreed Order for appraisal fees; and
2. Approve the expenditure of funds as stated,
PREPARED BY:
Attorney
Ellen T, Chadwell, Assistant County Attorney, Office of the County
-
Page] of 2
Agenda item No, 16K2
,"pcil 22, 2008
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16K2
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, lmmokalee Road Project #60018. (Fiscal
Impact $4,000 00),
4/22/2008 90000 AM
Meeting Date:
Prepared By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
4/1/20089:41 :08 AM
Approved By
Lisa Taylor
ManagemenUBudget Analyst
Date
Transportation Services
Transportation Administration
4/2/20089:39 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM-ROW
4/3/20082:52 PM
Approved By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
4/7/200811 :44 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
4/8/2008 1 :41 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Trar.sportation Services Admin.
4/8/2008 1 :54 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
418/20084:10 PM
Approved By
Jeff Ktatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
4f9!2008 3 :25 PM
Approved By
OM8 Coordinator
OMS Coordrnatoi
Date
County Manager's Office
Office of Management & Budget
4/9/20084:25 PM
file://r:\Ap'enrl"Te,t\Fxnmt\ 1 O~-Anril%?()?? %?,O?OOR\ 1 i1 %?O(,ONSFNT%?OAGFNnA \ 1
4/1 i1/?OOR
Page 2 of 2
i\genda item No. H3K2
",pri! 22. 2008
?age3of6
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Offi:::e
Office of Mar.agement & 8udget
4!11!2008 7:57 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/13/2008 6:59 PM
lile://(,:\Apeno"T",t\Fxnort\ 1 O~-Anril%7077 o;,,70700R\ 1 Ii %70rONSFNT%70A(;FNnA\ 1
4/1 1i!700R
A.genda Item l\lo. 16K2
,lIpril 22, 2008
Page 4 of 6
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 aI"
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 ESTHER E,
SWIGERT, by and through their undersigned counscl, for entry of an Agreed Order Awarding
Costs, and the Court, being fully advised in the premises, it is hereby ORDERED AND
ADJUDGED that:
I, Respondents, JAMES L. SWIGERT and ESTHER E, SWIGERT, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Four Thousand and No/too
Dollars ($4,000.00) with respect to Parcel 143 for appraisal fees for Maxwell & Hendry
Valuation Services,
2, Petitioner, COLLIER COUNTY, shall pay this sum 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,
:\2e~:ja Itsm r'~o. 16K2
"pcl! 22, 2008
?age 5 of 6
DONE AND ORDERED in Naples, Collier County, Florida, this
,2008,
Conformed copies to:
Ellen T, Chadwell, Esquire
Kenneth A, Jones, Esquire
J. Michael Coleman, Esquire
E. Glenn Tucker, Esquire
Kevin Hendricks, Transportation Dept.
Accounting
day of
Circuit Court Judge
JOINT MOTION
The Parties, by and through their undersigned attorneys, hereby move for entry of the
foregoing Agreed Order Awarding Expert Fees,
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: JAMES
L SW1GERT and ESTHER E, SW1GERT
Dated:
Ellen T, Chadwe tlt.
Assistant Count tt. ey
Florida Bar No,: 983860
3301 East Tamiami Trail, 8th Floor
Naples, Florida 34112
(239) 252-8400 - Phone
(239) 252-6300 - Facsimile
ATTORNEY FOR PETIT10NER
Agenda Item No. 16K2
April 22, 2008
Page 6 of 6
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
US, Mail to the parties listed below on this _ day of
,2008.
ELLEN T. CHADWELL, ESQ.
James L Swigert
Esther E, Swigert
c/o Kenneth A. Jones, Esq,
2320 First Street
Suite 1000
Ft Myers, FL 33901-3419
First National Bank of Florida
c/o J, Michael Coleman, Esq,
CONROY, COLEMAN & HAZZARD, PA
2460 Golden Gate Parkway. Ste, ] 15
Naples, FL 34105
02,0235/#] 76