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Agenda 01/26/2010 Item #16K1Agenda Item No. 16K1 January 26, 2010 Page 1 of 14 EXECUTIVE SUMMARY Recommendation to authorize a Stipulated Final Judgment in the amount of $185,000 for Parcels 117, 118A and 130 in the lawsuit styled Collier County, Florida v. Diane P. Haaga, et al., Case No. 03- 0518 -CA (Immokalee Road Project 60018). (Fiscal Impact $95,900) OBJECTIVE: That the Board of County Commissioners authorize the attached Stipulated Final Judgment for payment of full compensation, for the partial taking of Parcels 117, 118A and 130 in the lawsuit styled Collier County, Florida v. Diane P. Haaga, et al., Case No. 03- 0518 -CA (Immokalee Road Project No. 60018). CONSIDERATIONS: Collier County has condemned 1.111 acres for road right of way from portions of three parcels owned by Janet Romano on Immokalee Road near Moulder Drive and near Krape Road. These are the final three parcels in this section of the Immokalee Road widening project. An Order of Taking hearing was held on May 13, 2003, and the County deposited $89,100 into the Court Registry at that time. The final demand from the property owner prior to mediation was $208,700, exclusive of statutory interest, expert fees and attorney's fees. Of a unique character to this litigation was the large amount of interest that would be due to the landowner should the case proceed to trial. Under Florida law, the landowner would be entitled to an interest rate as high as 11% on any difference between the County's $89,100 deposit and the jury's award. This interest would compound annually from 2003 until any potential trial in 2010. Depending on the potential jury award, interest could have been expected in the $50,000 to $70,000 range. The issues in this case are land value and increased costs to access the properties due to the County's construction of an open swale along Immokalee Road as part of the project. Additionally, the landowner in this matter had retained two different law firms during the case and had incurred extensive engineering, land planning and appraisal fees. The County was presented demands totaling $40,000 for these expert fees, prior to any additional trial expenses. Staff recommends a global settlement in the amount of $185,000, which includes the $89,100 previously deposited in 2003. The distribution of the $185,000 settlement between the landowner and her agents is unknown. One reason a global settlement number was reached was that the County agreed to provide access to two of the three parcels when, and if, the parcels ever apply for a building permit. Previously, the landowner had been seeking over $50,000 in damages for impaired access to her parcel. This non - monetary benefit of the settlement helped necessitate a lump sum settlement. Amount previously deposited: $89,100 Additional amount owed (includes additional compensation, attorney's fees, engineering fees, land planning fees and appraisal fees): + 95 900 TOTAL $185,000 FISCAL IMPACT: Funds in the amount of $95,900 are available in Gas Taxes and/or Impact Fees. Agenda Item No. 16K1 January 26, 2010 Page 2 of 14 GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This Executive Summary has been drafted by the County Attorney's office and is legally sufficient for Board action. STW RECOMMENDATION: That the Board of County Commissioners authorize the Stipulated Final Judgment as to Parcels 117, 118A and 130 and authorize payment of the funds as stated. PREPARED BY: Steven T. Williams, Assistant County Attorney 03- 0518/980 2 Agenda Item No. 16K1 January 26, 2010 Page 3 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K1 Item Summary: Recommendation to authorize a Stipulated Final Judgment in the amount of $185,000 for Parcels 11 7, 118A and 130 in the lawsuit styled Collier County, Florida v. Diane P. Haaga, at al., Case No. 03- 0518 -CA (Immokalee Road Project 60018). (Fiscal Impact $95,900) Meeting Date: 1126/2010 9:00:00 AM Prepared By Steven Williams Assistant County Attorney Date County Attorney County Attorney 116/2010 12:30:54 PM Approved By Steven Williams Assistant County Attorney Date County Attorney County Attorney 11712010 1:09 PM Approved By Kevin Hendricks Manager- Right of Way Date Transportation Engineering S Transportation Division Construction Management 1181201011:01 AM Approved By Norm E. Feder, AICP Administrator - Transportation Date Transportation Division Transportation Administration 1/812010 3:34 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Division Transportation Administration 1111/2010 12:51 PM Approved By Therese Stanley Manager - Operations Support -Trans Date Transportation Division Transportation Administration 1111/2010 4:37 PM Approved By Najeh Ahmed Director - Transportation Engineering Date Transportation Engineering & Transportation Division Construction Management 1/12/2010 9:38 AM Approved By Heidi F. Ashton Section Chief /Land Use - Transportation Date County Attorney County Attorney 1/1212010 11:41 AM Approved By Jeff Klatzkow County Attorney Date 111312010 1:45 PM Agenda Item No. 16K1 January 26, 2010 Page 4 of 14 Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 1/1412010 9:05 AM Approved By Susan Usher Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 1/1412010 2:42 PM Approved By Mark lsackson ManagemenUBudget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 1/1612010 9:40 AM Agenda Item No. 16K1 January 26, 2010 Page 5 of 14 IN 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. 03- 0518 -CA V. DIANE P. HAAGA, et al., Parcels; 117,118A, 130 Respondents. STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent, JANET ROMANO, by and through her undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 117, 118A, and 130 for Project No. 60018, 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 Respondent, JANET ROMANO, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, JANET ROMANO, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Hundred Eight -Five Thousand and No /100 Dollars ($185,000.00) for Parcels 117, 118A and 130, as full payment for the property interest taken, including statutory interest, attorney's fees, expert fees and costs, 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 Agenda Item No. 16K1 January 26, 2010 Page 6 of 14 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 $89,100; it is further ORDERED AND ADJUDGED that no additional fees and costs shall be awarded in this case; it is further ORDERED AND ADJUDGED that within thirty (30) days hereof, Petitioner shall pay the total sum Ninety-Five Thousand Nine Hundred and No /100 Dollars ($95,900.00), payable to the Brigham Moore Trust Account, c/o John W. Little, 111, Esquire, 250 South Australian Avenue, Suite 1601, West Palm Beach, Florida 33401, for proper disbursement in accordance with the settlement of this case; it is further ORDERED AND ADJUDGED that fee simple title to Parcels 117, 118A and 130, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated May 13, 2003, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is finther ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above -styled cause and recorded in Official Record Book 3215, Page 576 of the Public Records of Collier County, Florida be dismissed as to Parcels 117, 118A and 130; 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 Parcels 117, 118A and 130 and that have or could have been asserted in this cause; it is further E Agenda Item No. 16K1 January 26, 2010 Page 7 of 14 DONE AND ORDERED in Chambers at the Collier County Courthouse, Naples, Florida, this day of 2010. HONORABLE CYNTHIA A. PIVACEK CIRCUIT COURT JUDGE conformed copies to: Steven Williams, Esquire John W. Little, III, Esquire Jennifer Dixon - Abbott, Esquire Kevin Hendricks, Transportation/ECM Agenda Item No. 16K1 January 26, 2010 Page 8 of 14 JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, JANET ROMANO, hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcels 117, 118A & 130. Dated: JOHN W. LITTLE, III, ESQUIRE Florida Bar No. 384798 BRGHAM MOORE, LLP. 250 S. Australian Ave., Suite 160 West Palm Beach, Florida 33401 (561) 832 -7862 — Telephone (561) 832 -7860 — Facsimile ATTORNEY FOR RESPONDENT, JANET ROMANO 03- 0518/979 4 Dated: STEVEN T. WILLIAMS, ESQUIRE _ Florida Bar No. 740101 S7i1.04-16 ASSISTANT COUNTY ATTORNEY Harmon Turner Building, 8" Floor 3301 East Tamiami Trail Naples, Florida 34112 (239) 252 -8400 - Telephone (239) 252 -6300 - Facsimile ATTORNEY FOR PETITIONER COLLIER COUNTY, FLORIDA joW R1W EL�__ IMMOKALEE ROAD S.R. 84 Notes: 1. This Is not a survey. 2 Basis of bearing Is N /A. 3. Subject to easements, rgservations and restrictions of record. DESCRIPTION: The Northerly 88.78 feet, of the West 100 feet of Northeast 1/4, of the Northeast 1/4, of the Northwest 1/4 of the Northwest 1/4, less the North 100 feet road —way for State Highway /846, Section 30, Township 48 South, Range 27 East, Collier County, norldo. Containing 0.197 acres more or less. NOTED EXHIBIff A PepelllsE Agenda Item No. 16K1 January 26, 2010 Page 9 of 14 N FEE SIMPLE INTEREST 0 50 100 18 \v 04 NOT TO SCALI: AVID J. .S, THE FIRM) FLA. u0. N 5636 NOT VALID VATH THE SICNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SUR%t'YM AND MAPPER SKETCH AND DESCRIPTION WILKISON & ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3505 EXCHANGE AVE. NAPLES, FLk 34104 (241) 643 -2404 FAX NO. (241 ) 643 -5173 FLORIDA BUSINESS LICENSE No. L25770 0014.1 1 EAW 10/01 ' 1 OF 1 I 1 DJH DO- 018— OO.DWG DWG N0. IR —L -717 r. , . 0 IMMOKALEE ROADi R —g4b� Notes: 1. This Is not o survey. 2. Basis of bearing Is N /A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 88.78 feet, of the Northeast 1/4, of the Northeast 1/4, of the Northwest 1/4 of the Northwest 1/4, less the West 100 feet and lees the East 30 feet and less the 100 feet thereof. Section 30, Township 48 South. Range 27 East. Collier County, Florida. Containing 0.391 acres more or less. REVISED Agenda Item No. 16K1 EX'' � Page 10 of 14 January 26, 2010 N FEE SST 0 50 100 in b 0� v 04 NOT TO SCALE: DAVID J. HY , P. FOR THE FIRM) FLA. LIM N NOT VALID KITH THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSEO SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8L: ASSOCIATES INC. 0 ENOINEERB. SURVEYORS AND PLANNERS 3500 EXCHANGE AM NAPLES FLA. 34104 (041) 043 -2404 FAX NO. (041) 043 -5173 FLORIDA BUSINESS LICENSE NO. L85770 i 10(y A/W IMMOKALEE ROAD Notes: 1. This Is not a survey. 2. Basle of bearing Is N /A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 78.00 feet, of the South 26D feet of the North 360' of the West 1/2 of the Northwest 1/4, of the Northeast 1/4, of the Northeast 1/4 of Section 30, Township 48 South, Range 27 East, Collier County, Florida, less the West 30 feet thereof. Containing 0.523 cores More or less. fh N FEE SIMpILE INTEREST Agenda Item No. 16K1 January 26, 2010 Page 11 of 14 0 50 100 15 S� it NOT To SCALE: _ r A J. NY P. . FOR THE FIRM) FLA. UC. N 593 NOT VAUD WITH THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON & ASSOCIATES ENGINEERS, SURVEYORS AND PL INC. ANNERS 3509 EXCHANGE AVE. NAPLES, FL& 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. 185770 A� �K o �`1 0� \� o't NOT To SCALE: _ r A J. NY P. . FOR THE FIRM) FLA. UC. N 593 NOT VAUD WITH THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON & ASSOCIATES ENGINEERS, SURVEYORS AND PL INC. ANNERS 3509 EXCHANGE AVE. NAPLES, FL& 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. 185770 Agenda Item No. 16K1 January 26, 2010 Page 12 of 14 IN 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, V. Case No: 03- 0518 -CA Parcels: 117, 118A,130 DIANE P. HAAGA, et al., Respondents. MEDIATED SETTLEMENT AGREEMENT At a Mediation Conference held on December 10, 2009, the parties reached the following Settlement Agreement. 1. Petitioner will pay to Respondent, Janet Romano, the sum of $ 1 q-5- pp t7 in full settlement of all claims for compensation from Petitioner na ✓J %°'� whatsoevT g statutory interest, 11010000Wft attorney's and expert's fees and costs. Said sum will be subject to claims of apportionment, if any. 2. Petitioner is entitled to a credit in the amount of $ 0 100 which was previously deposited in the registry of the Court in this case by Petitioner. 3. Counsel for Petitioner and Respondent will jointly submit to the Court for signature a mutually approved Stipulated Final Judgment in this matter as soon as practical hereafter. 4. Petitioner will pay Respondent the balance due of $ 00 within //// thirty (30) days of the actual date of receipt by Petitioner's counsel of a coed copy 1,00 -Lr of the aforesaid Stipulated Final Judgment from the Court. • ci � � . _ x�, r _t.. :rte_ • r�, - =,rim. ��i�- e.%jn.. � ;ai•_ ..�1�iSa• �.•>� �aa. I �'� 6. Settlement of this case is conditioned upon final approval by Collier ti (i County Board of CountVoTWssioners) y a k\ L,— a l (a� 6¢ 'VVrC. ��C S v .*1r3,*.A rnGGtw/6 w:j„ '♦aid t+eCp —^e+Kt 44JV ' 7. Attached hereto is'0 addendum to this agreement: �,.,- Yes No. Agenda Item No. 16K1 January 26, 2010 Page 13 of 14 8. This agreement dated December 10, 2009, and attached addendum, if any, contain(s) all of a agreement f the parties. Petry nee' clie t fo ollier Cou Respond Respondent Steven T. Williams, Esquire Florida Bar No: 740101 Office of the County Attorney Harmon Turner Bldg. 3301 East Tamiami Trail. Naples, FL 34112 Attorneys for Peti Office: 23 (Mediator) Florida Bar No: 81660 Gaylord Merlin Ludovic Diaz &Bain 5001 West Cypress Stree Tampa, FL 33607 Office: (813) 221 -90 Fax: (813) 221 -90 John W. Little, I11, Esquire Florida Bar No: 374-1917 Brigham Moore, LLP 250 South Australian Ave., Suite 1601 West Palm Beach, FL 33401 Attorneys for above -named Respondent(s) Office: 866 - 632 -7862 Agenda Item No. 16K1 January 26, 2010 Page 14 of 14 Addendum to Romano Mediation Agreement Dated December 10, 2009 As a portion of the full compensation for the taking of Parcels 117 and 118A, Collier County shall design, permit and construct, in compliance with all then existing Code and legal standards, access to said Parcels (whether developed separately or together), at Collier County's sole cost and expense, at such time as permit(s) are obtained to develop the properties remaining from the taking of Parcels 117 and 118A. Said access is to be provided in a timely manner so as to allow for the orderly and timely development of the permitted properties. If Collier County fails or is unable to comply with any of its obligations under this paragraph, Defendant Janet Romano AKA Janet Fox or her successors or assigns, shall be entitled to reopen this action and recover damages, attorney's fees and costs in full compensation as the result of Collier County's failure or inability to comply with this provision. The provisions of §73.092(2) and §73.091 Fla. Stat. (2009) shall apply if said enforcement action is brought. The Stipulated Final Judgment shall be recorded. Steven T. Mediator Diaz, �- John W. Littl , III, Esquire Attorney for Respondent(s)