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Agenda 02/09/2010 Item #16K3 Agenda Item No. 16K3 February 9, 2010 Page 1 of 10 Recommendation to anthorize a Stipulated Fiual Judgment in the amount of $39,500 for Parcels 148 and 948 in the lawsuit styled Collier County v. Elizabeth D. Bloch, et aL, Case No. 03-2403-CA (Golden Gate Parkway Project #60027), and to authorize a budget amendment (Fiscal Impact $33,684). EXECUTIVE SUMMARY OBJECTIVE: That the Board of County Commissioners authorize the attached Stipulated Final Judgment for payment of full compensation, for the taking of Parcels 148 and 948 in the lawsuit styled Collier County v. Elizabeth D. Bloch, et. al., Case No. 03-2403-CA (Golden Gate Parkway Project No. 60027), and to authorize a budget amendment for payment of the stated funds. CONSIDERATIONS: Collier County has condemned .16 acres for a non-exclusive road right-of- way drainage and utility easement (Parcels 148), and an exclusive anchor easement (Parcel 948) from homeowners William C. Brock, Jr., and Lisa W. Brock. The County's initial appraisal valued the taking at $21,500. The County offered the owner $24,700 as the County's statutory offer on March 7, 2003, based on the initial appraisal of $21 ,500 plus a settlement incentive of $3,200. The offer was not accepted. An updated appraisal, dated August 23, 2003, reflected an increase in the market value to $23,700 for the taking. An Order of Taking hearing was held on September 12, 2003, and the County deposited the sum of $23,700 in the Court Registry. The owners' appraiser valued the takes at $82,200. There is a disparity between the County's and the owners' appraised value of improvements. In addition, the County's appraiser found no damages; however, the owners are claiming damages for partial cost to cure as well as the reduction in value of their property due to the reduced setback caused by the construction of the six lane roadway (Golden Gate Parkway). On January 13, 2010, mediation was held and a settlement was reached. Staff recommends settlement in the amount of $39,500, plus attorney's fees, expert fees and costs. If approved, the County will be responsible for the fo Bowing costs: Additional Amount Owed: * Attorneys fees and costs: *Fees and costs for experts: TOTAL $15,800 $ 4,884 $13.000 $33,684 * Attorney's Fees are mandated by p3.092, F.S., and are based on 33% of the total benefit achieved, i.e., 0.33 x ($39,500 - $24,700). * Experts include an engineer, an appraiser and a landscape architect. FISCAL IMPACT: Funds in the amount of $33,684 are available in Impact Fee District 2 Reserves. A budget amendment in the amount of $33,684 is needed. Source of funds are Impact Fee District 2 Reserves. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ RECOMMENDATION: That the Board of County Commissioners authorize the Stipulated Final Judgment as to Parcels 148 and 948, and authorize all necessary budget amendments and payment of the funds as stated. PREPARED BY: Robert N. Zachary, Assistant County Attorney Item Number: Item Summary: Meeting Date: Agenda Item No. 16K3 February 9. 2010 Page 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K3 Recommendation to authorize a Stipulated Final Judgment in the amount of $39,500 for Parcels 148 and 948 in the lawsuit styled Collier County v. Elizabeth D. Bloch. et aI., Case No. 03-2403-CA (Golden Gate Parkway Project #60027). and to authorize a budget amendment (Fiscal Impact $33,684). 2/9/20109:00:00 AM Date Prepared By Robert N. Zachary County Attorney Assistant County Attorney County Attorney 1/27/201012:55:51 PM Date Approved By Robert N. Zachary County Attorney Assistant County Attorney County Attorney 1/27/20104:57 PM Date Approved By Therese Stanley Transportation Division Manager ~ Operations Support ~ Trans Transportation Administration 1/28/201010:31 AM Date Approved By Kevin Hendricks Transportation Division Manager - Right of Way Transportation Engineering & Construction Management 1/28/201011:12 AM Date Approved By Norm E. Feder, AICP Transportation Division Administrator - Transportation Transportation Administration 1/28/20101:05 PM Date Approved By Lisa Taylor Transportation Division Management/Budget Analyst Transportation Administration 1/29/2010 8:01 AM Date Approved By Heidi F. Ashton County Attorney Section Chief/Land Use-Transportation County Attorney 1/29/20105:03 PM Date Approved By Najeh Ahmad Transportation Division Director - Transportation Engineering Transportation Engineering & Construction Management 2/2/20107:28 AM Date Approved By Jeff Klatzkow County Attorney Agenda Item No. 16K3 February 9. 2010 Page 3 of 10 2/2/20108:50 AM Approved By Date OMS Coordinator County Manager's Office Office of Management & Budget 2/2/20109:31 AM Susan Usher Date Approved By Office of Management & Budget Management/Budget Analyst, Senior Office of Management & Budget 2/2/201010:03 AM Mark Isackson Management/Budget Analyst, Senior Date Approved By Office of Management & Budget Office of Management & Budget 2/2/201011:41 AM Agenda Item No. 16K3 February 9, 2010 Page 4 of 10 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. 03-2403-CA v. ELIZABETH D. BLOCH, et al., Parcel: 148, 948 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 Respondents, WILLIAM C. BROCK, JR. and LISA W. BROCK, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcels 148 and 948 for Project No. 60027, 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 Respondents, WILLIAM C. BROCK, JR. and LISA W. BROCK, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, WILLIAM C. BROCK, JR. and LISA W. BROCK, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Thirty-Nine Thousand Five Hundred and No/IOO Dollars ($39,500.00) for Parcels 148 and 948, as full payment for the property interest 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 parcel; it is further Agenda Item No. 16K3 February 9. 2010 Page 5 of 10 ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good faith estimate of value previously deposited in the amoWlt of $23,700.00; it is further ORDERED AND ADJUDGED that Petitioner is obligated to pay attorney's fees in the total amoWlt of Four Thousand Eight HWldred Eighty-Four and No/IOO Dollars ($4,884.00), and no additional attorneys fees will be paid in this matter; it is further ORDERED AND ADJUDGED that Petitioner shall pay fees and costs of expert engineer, landscape architect and appraiser in the aggregate amoWlt of Thirteen Thousand and No/IOO Dollars ($13,000.00), and no further expert fees and costs shall be paid in this matter; it if further ORDERED AND ADJUDGED that within thirty (30) days hereof, Petitioner shall pay the total sum of Fifteen Thousand Eight HWldred and No/IOO Dollars ($15,800.00) payable to WILLIAM and LISA BROCK, 5890 Golden Gate Parkway, Naples, Florida 34116-7459; it is further ORDERED AND ADJUDGED that within thirty (30) days hereof, Petitioner shall pay the total sum of Seventeen Thousand Eight HWldred Eighty-Four and No/IOO Dollars ($17,884.00) payable to the Forman, Hanratty and Montgomery, P.A. Trust AccoWlt, c/o Vanessa Thomas, Esquire, 723 East Fort King Street, Ocala, Florida 34471-2233, for proper disbursement in accordance with this order; it is further ORDERED AND ADJUDGED that the interest to Parcel 148, being a perpetual, non- exclusive road right-of-way, drainage and utility easement, and the interest to Parcel 948, being an exclusive anchor easement, which are fully described in Exhibit "A" attached hereto and incorporated herein, are vested in Petitioner pursuant to the Order of Taking dated September 12, 2003, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further 2 Agenda Item No. 16K3 February 9, 2010 Page 6 of 10 ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3313, Page 1076 of the Public Records of Collier County, Florida be dismissed as to Parcels 148 and 948; it is further ORDERED AND ADJUDGED that the Court reserves jurisdiction to enforce the terms of this Stipulated Final Judgment; 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 148 and 948 and that have or could have been asserted in this cause; it is further DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of .2010. HONORABLE HUGH D. HAYES CIRCUIT COURT JUDGE confonned copies to: Robert N. Zachary, Esquire Vanessa Thomas, Esquire Butler & Hosch, P.A. Kevin Hendricks, Acquisition Mgr./Transp. Accounting 3 Agenda Item No. 16K3 February 9, 2010 Page 7 of 10 .JOINT MOTION FOR STIPULATED FINAL .JUDGMENT Petitioner, COLLIER COUNTY. FLORIDA, together with Respondents. WILLIAM C. Stipulated Final Judgment as to Pareels 148 and 948. BROCK, JR. and LISA W. BROCK, hereby respectfully move tor entry of the foregoing Dated; '--cl(L.v\..t /~\ Dk".11,(\[V.1 VANESSA THOMAS, ESQUIRE Florida Bar No. 702412 Fonnan. Hanratty & Montgomery 723 East Fan King Street Ocala. Florida 34471-2233 (352)732-3915 - Telephone (352)35] -1690 - Faesimile AHO""lcY FOR RESPONDENTS, WILLIAM C. BROCK. JR. & LISA W. BROCK CP:03-2.ll u-c i\: 7 .~H Dated: (!- ROBERTN.ZACHARY Florida BarNo. 816604 ASSISTANT COUNTY A HORNEY Halmon Turner Building, 81h Floor 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 - Telephone (239) 252-6300 - Facsimile A HORNEY FOR PETITIONER, COLLIER COUNTY, FLORIDA 4 Agenda Item No. 16K3 February 9, 2010 Page 8 of 10 CERTllnCATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to the parties listed below on this the _ day of February, 2010 ROBERT N. ZACHARY ASSISTANT COUNTY ATIORNEY PARCEL 148/948 William C. Brock, Jr., and Lisa W. Brock c/o Vanessa Thomas, Esq. Forman, Hanratty & Montgomery 723 East Ft. King Street Ocala, Florida 34471 First Horizon Home Loan Corporation clo Butler & Hosch, P.A. 3185 South Conway Rd., Ste. E Orlando, FL 32812 5 ----~_._-=--- _:::.:: ,J'.~ -' ~IMUllNrI'U'W - I __ . 'PARCELMO.tlL . PERPElIJAL. NOr<-l!XCWS. RO~ RIGHT-oF.WAY, D1WMOE ANO UTIUlY EABEMl!HT EXHIBIT I A- I 1i. T"^,,, .. PEftPET\l~ NON-tXCLU ROAD AIOHT-Of'-W,,~,lijNA~E AND ~~ '~'f"'-] . 1,1I,,,,fL ~7. COl.DOIU~ )rf5TATE9 Pu'TllOOll7,,.;tlt .,,"" 01t 211I/.12.01 ntH. rnUl'fDA.lIOI~ ltlt'.. llf\'2~/'4I Ulr'~ r..r:vrJ' ....'.PN:III t:ZZZLl ~ ~lll''rlll' ~""'OI"lIIlD uflll.......n LEGAl OESCRIPnON FOR PARCEL 148 ^ PORTION Of TRACT 76 GOLDEN GATE ESTA1ES. UNIT 30 ~ RECO~Of;-O IN PLAT DOO\t i. PAat. 50 or nit PUBl.IC RECORDS OF COI.LlER CauNT'l', FLORIDA SITUATE IN Slcnot>t 1'. TOWNSHIP 41 SOUlH, RANGE 211 EAST1 COLLltR COUNlY, FLOAIC^ BEING MORE PAltTlCUlMLY DEScltlPf.D AS FOLLOWS. COMUENC[ AT TIlE NOR1HWEST CORH(.R 01" SAID lR"CT 7e: Tl~ElolCE S,OO'1rIl5"E., AlONG 1l1E. WEST LINE OF 54/D l""CT n, '" Dl5lANc( o~ 50.00 fEET. TO A P01N1' ON UiE SOUTH UNE' OF ^ ROADWAY EASEMENT (1 DO' WIDE) NS PEn SAID PlAl AND BEING il-l~ POINl Of 8EG!NMING: lHENCE ....88'31'37"[., AlOND THE SAm SOUTH UHE, A DISTANCE Of 1nO,12 fEET, TO nlE EAS1 UN( Of' \.ANO DfSCRIBED IN of:F1CIAl REeOROS BOOk 2&'iID, PAGE: J207 OF TilE pueuc A[CDllDS Of COLlIER CQUNTY, FLORIDA; 11-1ENCiE S,00"2.1'4S"[.. "tONG THE SAlO Wl LINE, A O\STAWC( Of' 41,01] HUl THENCE LI'.A""~O THE ~ID EAST UNE S.DU'31'J7-W., A OI'S'tA.HCE Of 7IU>& rEET; THENCE M,78'5S'3U"W., A DISTANCE OF J4.2Il FtET: . lHEKCE S,B9"31131"W., A DIS1ANCE Of 70.10 fEET, TO TH( S;.10 WEST UNE; lHENCE tl.CO':J:l'~5"W" ~OHO lHE 9AIO 'fIES1 LINE, A DISTANCE Of :UQO FrET, TO nlE pOINT OF BEGIMNlNG. ' . CONTAINING 8,6!U1 SQUARE. F[ET, MORE on If.SS. n_. ... ..... till tlDIl'M ...... MNlI ~~= :T:::W':f.: genda Item No. 16K3 February 9, 2010 Page 9 of 10 \ +- I, Ii \, Ii \ I. U ~CT 01 i: .~, n _......1 .cu.ut: I...... fOlll! COLUEll CQUHIl' oovtftNUEWT DnMP Of COUNTY COMNI5S!OMEns 'f' .. 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DISCMIP'nOH or; A HI' WIDI ANCllOR .IASZW.1tNT Ul\cn lil"U cOWItJl COUNTY, '1..01\ID1. ]l~&\ SliEEf 1 '" I