Agenda 06/08/2010 Item #16K 2
Agenda Item No. 16K2
June 8. 2010
Page 1 of 14
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $130,000 for Parcel 804 in
the lawsuit styled Collier County v. Myrtle Cove, Inc., et al., Case No. 07-5038-CA (Lely Area
Stormwater Improvement Project No. 51101.1) (Fiscal Impact $74,250)
OBJECTIVE: That the Board of County Commissioners approve the attached Stipulated Final Judgment
for payment of full compensation, for the taking of Parcel 804 in the lawsuit styled Collier County v. Myrtle
Cove, Inc., et. al., Case No. 07-5038-CA (Lely Area Stormwater Improvement Project No. 51101.1).
CONSIDERATIONS: Collier County has condemned a .14 acre parcel from the property owner, Peggy
Archibald. Ms. Archibald resides on the property with her husband George Archibald, who was at one time
Director of Transportation for Collier County. In December 2006, the County made the owner its statutory
offer for $75,000.00. In May of 2007, the County revised its offer to $98,600.00. Neither offer was
accepted.
The purpose of this 30' x 205' taking, was for the construction of a maintenance road along the recently
enlarged drainage canal. The issue in this case was not so much the value of the land taken but the impact on
the property as a residence due to the installation of a raised limerock road, less than 10 feet from the
bedroom windows, as well as the attendant loss of landscape and mature trees. A loss in value includes the
proximity to the maintenance roadway and the resulting noise, dust and debris generated by A TV and trail
bike riders who have accessed the roadway via properties to the south of the subject, as well as a reduction in
privacy and increased exposure relative to security. See attached before and after photographs.
Mediation was held on April 19, 2010. The County's figure for full compensation at the commencement of
mediation was $85,100.00, which was what was deposited into the Court Registry and the owners figure was
$186,410.00. A settlement was reached in the amount of $130,000.00 exclusive of attorney's fees and
expert's fees and costs.
Ifthe attached Stipulated Final Judgment is approved, the County will be responsible for the following costs:
Additional Amount Owed:
*Attorneys fees and Costs:
*Expert Fees and Costs:
TOTAL
$44,900.00
$18,150.00
$11,200
$74,250.00
* Attorney's Fees are mandated by 973.092, F.S., and are based on 33% of the total benefit achieved, i.e.,
0.33 x ($130,000 - $75,000).
* Experts include a surveyor and appraiser (engineering services were provided by Mr. George Archibald,
who declined to submit an invoice).
FISCAL IMPACT: Funds in the amount of $74,250.00 are available in ad valorem, Stonnwater
Improvement Project No. 51101.1.
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 Parcel 804 and authorize payment of the funds as stated.
PREP ARED BY: Robert N. Zachary, Assistant County Attorney
CP: 07-5038-CAAOO
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Agenda Item No. 16K2
June 8,2010
Page 2 of 14
16K2
Recommendation to approve a Stipulated Final Judgment in the amount of $130,000 for
Parcel 804 in the lawsuit styled Collier County v, Myrtle Cove, Inc., et aI., Case No, 07-5038-
CA (Lely Area Stormwater Improvement Project No, 51101.1) (Fiscal Impact $74,250)
618/20109:00:00 AM
Prepared By
Robert N. Zachary
County Attorney
Assistant County Attorney
County Attornf:Y
Date
5/12/201012:57:10 PM
Approved By
Robert N. Zachary
County Attorney
Assistar:t County Attcrn~y
County Attorney
Date
5/12/20102:41 PM
Approved By
Norm E. Feder, AICP
Transportation Division
Administrator - Transportation
Transportation Administration
Date
Approved By
5/13/20107:31 AM
Kevin Hendricks
Transportation Division
Manager - Right of Way
Transportation Engineering &
Construction Management
Date
5/1312010 1 :48 PM
Approved By
Najeh Ahmad
Transportation Division
Director - Transportation Engineering
Transportation Engineering &
Construction Management
Date
5/22/201011:27 AM
Approved By
Lisa Taylor
Transportation Division
Management/Budget Analyst
Transportation Administration
Date
5/24/201010:05 AM
Approved By
Jeff Klatzkow
County Attorney
Date
Approved By.
5126/2010 9:00 AM
OMS Coordinator
County Manager's Office
Office of Management & Budget
Date
5126/2010 9:37 AM
Approved By
Susan Usher
Office of Management &
Management/Budget Analyst, Senior
Office of Management & Budget
Date
6/1 :201 0 11 :45 AM
Agenda Item No. 16K2
June 8, 2010
Page 3 of 14
Budget
Approved By
Leo E. Ochs, Jr.
County Manager
Date
County Managers Office
County Managers Office
6/1/20101 :28 PM
.'
-
Agenda Item No. 16K2
June 8, 2010
Page 4 of 14
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CML ACTION
COLLIER COUNTY, a political
subdivision of the State of Florida,
Petitioner,
Case No. 07-5038-CA
v.
MYRTLE COVE, INC., et aI.,
Parcel: 804
Respondents.
/
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent,
GEORGE and PEGGY ARCHIBALD, by and through their undersigned counsel, for entry of a
Stipulated Final Judgment as to Parcel 804 for Project No. 5110 11, and it appearing to the Court
that the parties are authorized to make such Motion, the Court fmding that the compensation to be
paid by Petitioner is the full compensation due the Respondent, MYRTLE COVE, INC" and the
Court being otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondent, PEGGY ARCHIBALD, have and recover
from Petitioner, COLLIER COUNTY, the total sum of One Hundred Thirty Thousand and NollOO
Dollars ($130,000.00) for Parcel 804, 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, 16K2
June 8,2010
Page 5 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
$85, I 00.00; it is further
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay
an additional Twenty-Nine Thousand Three Hundred Fifty and No/IOO Dollars ($29,350.00) which
includes Eighteen Thousand One Hundred Fifty and No/lOO Dollars ($18,150.00) for attorney's
fees and Eleven Thousand Two Hundred and No/lOO Dollars ($11,200.00) for experts' fees and
costs, and no other attorney's fees, expert fees or costs shall be awarded in this case; and it is further
ORDERED AND ADJUDGED that without further order of the Court, that within thirty
. .
(30) days hereof, Petitioner, COLLIER COUNTY, FLORIDA, shall pay for the benefit of
Respondents, GEORGE and PEGGY ARCHIBALD, the total balance of $44,900.00, to Ruden
McClosky P.A. Trust Account and $29,350.00 for attorney's fees, expert fees and costs to of Ruden
McClosky, P.A Trust Account., c/o 1110mas R. Bolf, Esquire, P.O. Box 1900 Fort Lauderdale, FL
33302-1900 for proper disbursement in accordance with this order; it is further
ORDERED AND ADJUDGED that fee simple title to Parcel 804, being fully described in
Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the
Stipulated Order of Taking dated April 7, 2008, and the deposit of money heretofore made, is
approved, ratified, and confirmed; it is further
ORDERED AND ADJUDGED that the Notice of Lis Pendens tiled in the above-styled
cause and recorded in Official Record Book 4311, Page 2793 of the Public Records of Collier
County, Florida be dismissed as to Parcel 804; it is further
ORDERED AND ADJUDGED that the Addendum to the Mediated Settlement Agreement
of April 19,201O and attached hereto as Attachment "B", be incorporated into and made part of this
-
Stipulated Final Judgment; it is further
2
Agenda Item No. 16K2
June 8, 2010
Page 6 of 14
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 Parcel 804 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 CYNTHIA A. PIV ACEK
CIRCUIT COURT JUDGE
conformed copies to:
Robert N. Zachary, Esquire
Thomas R. Bolf, Esquire
Kevin Hendricks, Acquisition Mgr./Transp,
Accounting
3
Agenda Item No. 16K2
June 8, 2010
Page 7 of 14
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, together with Respondent, GEORGE and PEGGY
ARCHIBALD, hereby respectfully move for entry of the foregoing Stipulated Final Judgment as
to Parcel 804.
Dated:
Dated:
4J.
(l; ROBERTN. ZACHARY
Florida Bar No. 816604
ASSISTANT COUNTY ATTORNEY
Harmon Turner Building, 8th Floor
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 252-6300 - Facsimile
A TTORNEY FOR PETITIONER
COLLIER COUNTY
._THOMAS R. BOLF, ESQUIRE
Florida Bar No. 454419
Ruden McClosky, P.A.
P.O. Box 1900
Fort Lauderdale, FL 33302-1900
(954) 764-6660- Telephone
(954) 764-4996- Facsimile
ATTORNEY FOR RESPONDENTS
GEORGE & PEGGY ARCHIBALD
CP: 07-5038-CA;399
-
4
Agenda Item No. 16K2
June 8. 2010
Page 8 of 14
PROJECT NO. 511012
PROJECT PARCEL NO. 804
EXHIBIT _ A - ' ( FOLIO NO. 60784520008
Page -A.-ot 4-_
LEGAL DESCRIPTION Be SKETCH
(NOT A SURVEY)
A PARCEL OF lAND .
MORE PARTICULARLY DESCRJBED AS FOLLOW&' :
THE WEST 30 FEET OF LOT 31, BLOCK "E," MYRTLE COVE ACRES,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3,
PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA
30 FEET
LOT 31
N
FEE SIMPLE
WlEREST
SKETCH NOT TO SCAlE
CoItIr Counly TI'IlIIpOItalIon E:ngInaemg end ConsUudbn VanIQ8menl DepameOt
0&'1 om 4:2f PM
Agenda Item No. 16K2
June 8, 2010
Page 9 of 14
ADDENDUM TO MEDIATED SETTLEMENT AGREEMENT OF APRIL 19,2010
Collier County v. Myrtle Cove, Case No. 07-5038-CA
Parcel 804
The parties hereby agree to include the following language and that it be made part of the
Mediated Settlement Agreement of April 19, 2010 and be incorporated into the Stipulated Final
Judgment.
1. The project for which Petitioner acquired Parcel 804 was a storm water drainage project,
sometimes referred to as the LASIP project, pursuant to the project plans and
specifications for this area as set forth in those plans entitled Lely Area Stormwater
Improvement Project, Phase IB Construction Plans-Portions of Region 2 for Lely
Canal Basin & Region 5 East for LMB, containing 36 sheets, prepared by ABB, Inc.,
dated September 2006. The LASIP system shall be operated with a fixed control
elevation of3.0' (NGVD), and an elevation not to exceed 4.5' (NGVD) for the 25 year
72 hour storm event and not to exceed 4.8' (NGVD) for the 100 year 72 hour Storm
(rainfall as- opposed to tidal surge) event. Violations of these operating conditi'ons by the
County that cause damage to the 'remainder' shall be the responsibility of the County,
and Defendant may return to court to seek such additional damages. See Central and
Southern Florida Control District v. Wye River Farms, Inc. 297 So. 2d 323 (Fla. 4th DCA
1994).
2. Collier County shall extend the existing gate and fence (located at the north end of Parcel
804) westward into the adjacent canal a distance of approximately four (4') feet.
3. Collier County shall construct a fence and gate near the south end of Parcel 804,
substantially similar to the existing gate and fence located at the north end of Parcel 804,
and also to be extended into the adjacent canal a distance of approximately four (4') feet;
the County shall coordinate the exact location of this fence with the Defendant.
07 -S038-CA/398
j
EXHIBIT
-'} .
\j
-
Agenda Item No. 16K2
June 8,2010
Page 10 of 14
'.'''.., ....','.'." :j};~';"
, .c:<:i/{:i;':r;,)#f,ct
BEFORE
" I..~
. -,'" '~'-'" ..--
~. ... .,",~, "
'<".",:,,".:,,-,,~.
... ,AlI"--_<i.-.,.
31
Agenda Item No. 16K2
June 8, 2010
Page 11 of 14
\. i;~
-
..,..,
.).)
Agenda Item No, 16K2
June 8, 2010
Page 12 of 14
",<l>,
1.:".~
....~~,.
'~..'~.'
..:. *,p' ~.;. .~;.
.~' .
I
, t' I
I ~'
I ~'I
! ',; 'l~,' ~., " i
\_--"'~., ..''t,
"'\"!i:'
., '. ~ ,c,;
34
Agenda Item No. 16K2
June 8, 2010
Page 13 of 14
....-...'
35
Agenda Item No. 16K2
June 8, 2010
Page 14 of 14
From Rear Adjacent Lot
, '~
~;
'" ~':~~'t..,!
.';ri.....
I""
,
~
36