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Agenda 03/08/2011 Item #16K4 . EXECUTIVE SIJMMARY. .>,'} . ';~:""h~~~~,,~("i 318/20?~~J~~rn '16.K.~4.; I i r"\ Approve..Aa~Order .-wardingexpert f_in connectioJJ.<wi6.tlieaeq*tioDofPareeI811 iu the lawsuit stJle4Collier COltntyv.. Myrtle .p,.~erve, LLC,.et.4/.,Case. No. 07...o463-CA, Lely Area Stormwater ImprovemeBtProjeet No. SHOt (FiseallmpaA:t$21,$U) OBJECTIVE: That the Board approve theexpe1t fees and e08t$as$ociIltedWi~the acquisition of Parcel 811 in the lawsuit styled Collzer CQunty y. MyrtkPreserve. LLC...et.al..CaseNo.07..0463-CA CONSIDERATIONS: On August 3, .2007, . an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for. the Lely AreaStot'mwaterImprovetl1ent Project. On August 16, 2007, Collier County deposited with tbe Registry of the Court thesurn ()f$19,600 for Parcel 811 in accordance with the Order of Taking. On January. 11, 2011,.the Board approved the Stipulated Final Judptentin"Settlementofthisparcel. Pursuant to Section 73.091(1), FloridaStf:Jtutes, the County is req1,lired.topayr~n~le expert: fees and' expenses incurred in the defense of this matter. Staff recomQlends paymentoftbe foUowingfees: app~sal fees in the amount of $6,500 and engineering fees in the amouQtof$IS,O 11 the tet1nsofwhichare set out in the Agreed Order Awarding Expert Fees attal;h~d as Exhibit "A". The parent tract is vagmt. The appraiser prepared a written report. Theengi~rprepared a ~report and his ftnn performed a boundary survey.. The issue in this case was whetbertheCounty's proje,cttlu'ned thevaeal)tland>into a wetland. The engineer's invoiced amount is $17,682.61. ..Hehasagreedto ~ecept $15,011. This is a 15% reduction. The appraiser's invoiced amount is $7,590. . He has agreed to accept $6,500. This reduction is approximately a 14% reduction. ~ Staff has reviewed the expert fees asset forth in the Agreed Order and collsiderS them. to be reasonable in light of the statutory requirements as to costs and fees imposed upon the condemning authority. If the County<goes to a cost hearing, the Countyis notr~uiredtopay the expertthatisrequesting the fee, but the County is required to pay reasonable fees of any expertstbat are retained by owner to testify .as to the reasonablel1ess of the fee. Thi$ means another ellgineerandanotheraPJ>rai~.Plusthe County will need to hire experts to counter owner's .expeFts, and. the County will have to pay owner's attorney hourly for supplemental proceedings. FlSCALIMPACT: Funds in the amount of$21,5Uare availableinadvalorem,Stonnwater Improyelllent Project No.SI101. GROWfHMANA~El\IENT IMPACT: None. LEGALCONSm~RATIONS:. This item is legally sufficient forBQard action and requires a majority vote for approval. (HFAC) RECOMMENDATION: Tbat the Board of County Commissioners approve the Agreed Order for Expert Fees for Parcel 811 and authorize payment of the funds as stated. r-'\ PREPARED BY: Heidi Ashton.Cicko~ Assistant County Attorney CP\07-0463\374 Packet Page ..1275-. 3/8/2011 Item r'\, ceLLIER COUNTY. BOilrdofCoLlnty CommisSlon.rs Item Number: l6.K.4. Item SUMmary: Approve an Agreed Order awarding expert feesJn connection with the acquisition of ParcelSl1 in the lawsui~ styled Collier Countyv. MyttlePre$~rve, UC., et at, Case No. 07-0463-CA, Lely Area .Stormwater Improvement Project No. 511011Fiscallmpact $21,511) Meeting Date: 3/a/2011 Prepared By Name:CrotteauKathynell Title: Legal Secretary,County Attorney 2/23/2011 8:23:55 AM Approved $y r"., Name: TaylorLisa Title: Management/Budget Analyst, Transportation Administr Date: 2/23/2011 8:53:19 AM Name: HendricksKevin Title: Manager - . Rigbt of Way,Transportation Engineering Date: 2/.2312011 1: 17:08 PM Name: AhmadJay Title: Director - Trans}X>rtationEngineering,Transportation Engineering&, Construction Management Date: 2/23/2011 5:55:03 PM Name: FederNorm Title: Administrator - Growth Management Div,Trans}X>rtati Date: 2/24/20113:12:09 PM Name: KlatzkowJeff Title: County Attorney, Date: 3/1/20119:11:57 AM Name: KlatzkowJeff r-"'\ Title: County Attorney; Date: 3/112011 10;41:28 AM Packet Page -1276- . I'*'.. '" r"\ Name: IsacksonMark Title: Director-Corp Financial and Mgplt Svs,CMO Date: 3/1/2011 3:17:23 PM Name: lsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 3/1/2011 3:23:37 PM ...,'j..,:.,..,.,,:....,;,... . 3/8/2011ttem 16.K.4. Packet Page -1277- 11 Item 16.K.4. ~ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION EXHIBIT 1---8- COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 07-0463-CA Petitioner, Parcel No.: 811 vs. MYRTLE PRESERVE LLC, et al. Respondents. I AGREED ORDER AWARDING EXPERT FEES THIS CAUSE, having come before the Court upon joint motion made by Petitioner, ...-.. COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent, CORNELIA JONES, by and through her undersigned counsel, for entry of an Agreed Order, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondent, COIU~ELIA JONES, receIve from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Six Thousand Five Hundred Dollars and NollOO ($6,500.00) for appraisal fees incurred by Allied Appraisers & Consultants, Inc. in connection with Parcel 811 ; it is further ORDERED that Respondent, CORNELIA JONES, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Fifteen Thousand Eleven Dollars and No/tOO (515,011.00) for engineering services provided by Barraco and Associates, Inc. in COlUlcction with Parcel 811; it is further .-. ORDERED that within thirty (30) days of receipt of the Agreed Order entered by the Court, Petitioner, COLLIER CO!JNTY, FLORIDA, shall disburse the sum of Twenty-One Thousand Five Hundred Eleven Dollars and NollOO ($21,511.00) to the ROETZEL & ANDRESS TRUST ACCOUNT c/o Kenneth A. Jones, Esquire, Roetzel & Andress, 2320 First Street, Suite 1000, Fort PacketPage-1278- 3/8/2011 Item 16.K.4. Myers. Florida, 339Q1for the benefit of Respondent, engineering fees for Parcel 81 I ;it is further for appraisal fees and 1""'"\ ORDERED that no additional fees or costs shall be awarded in this matter. DONE AND ORDERED this _ day of Florida. , 2011, in Naples, Collier County, HUGH D. HAYES CIRCUIT COURT nJDGE Conformed copies to: Heidi Ashton-Cicko, Esquire Kenneth A. Jones, Esquire Jennifer Dixon-Abbott, Esquire Kevin Hendricks, ROW Manager, TranspOliation/ECM Bookkeeping ~ JOINT MOTION The Parties, by and through their undersigned attorneys, hereby move for entry of the foregoing Agreed Order Awarding Expert Fees as to Parcel 811. Dated: Dated: ~.>~ //,/1. L1 ,/-- . .,1...../ h. A ., (-x;;../'< HEIDI ASHTON-CICKO, ESQUIRE Florida Bar No. 966770 OFFICE OF THE COUNTY ATTORNEY HamlOn Turner Building 3299 East Tamian1i Trail, Suite 800 Naples, Florida 34112 (239) 252-8400 - Telephone (239) 252-6300 - Facsimile ATTORNEY FOR PETITIONER KENNETH A. JONES, ESQUIRE Florida Bar No.: 200158 ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FlOlida 33901 (239) 337-3850 - Telephone (239) 337-0970 - Facsimile ATTORNEY FOR RESPONDENT, COR1'lELIA JONES ~ CP\07-0463\373 20f2 Packet Page -1279-