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Agenda 06/22/2010 Item #16K 1 \ Agenda Item No.L1 June 22, ~i1'0 Page 1 of? EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment for Parcel No. 20T in the lawsuit styled BCC v. Naples Heritage Community Development District, et aL, Case No. 06-0082-CA (CR 951 Water Transmission Main Project No. 70151) and approve the required budget amendment. (Fiscal Impact $2,625.00) OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment for payment of full compensation and attorney fecs for the taking of Parcel No. 20T in the lawsuit styled BCC v. Naples Heritage Community Development District, et 01., Case No. 06- 0082-CA (CR 951 Water Transmission Main Project No. 70151) and approve the required budget amendment CONSIDERATIONS: The County acquired Parcel 20T, a temporary construction easement, for the construction ofa potable water main along CR 951 by entry of an Order of Taking and by depositing the sum of$2,600 in the court registry on May 4,2006. Prior to suit, staff offered the Respondent, Toll-Rattlesnake, LLC, $1,900 which was rejected. The subject property was then purchased by the Sembler Family Partnership #42, L TO and the parties have since negotiated the proposed settlement of $4,400 as full compensation for the taking of Parcel No. 20T. In addition, the Stipulated Final Judgment provides for payment of statutory attorney fees. If approved, the County will pay the following costs: . Additional Compensation: . Statutory Attorney Fees: TOTAL $1,800.00 825.00 $2,625.00 The parent tract is part of the commercial planned unit development known as Hammock Park Commercial Center. There are no expert fees and costs for Parcel 20T. If the County does not desire to settle, then the owner will retain expcrt witnesses. The cost of an appraisal in an eminent domain case is typically $6,000 or higher. The cost of mediation is ovcr $1,000. Both costs are paid by the County. FISCAL IMPACT: Funds in the amount of $2,625 are available in the FY 2010 adopted budget with a budget amendment Source of funds are Water Impact Fees. GROWTH MANAGEMENT IMPACT: This project will be considered and is connected with and will further the goals and policics of the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: L 2. 3. Approve the Stipulated Final Judgment as to Parcel No. 20T; Approve the expenditure of funds as stated; and Approve a budget amendment - PREPARED BY: Heidi Ashton-Cicko, Assistant County Attorney Agenda Item No 16K1 June 22, 2010 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16K1 Meeting Date: Recommendation to approve a Stipulated Final Judgment for Parcel No. 20T in the lawsuit styled BCC v. Naples Heritage Community Development District, et aI., Case No. 06-0082-CA (CR 951 Water Transmission Main Project No. 70151) and approve the required budget amendment (Fiscal Impact $2.625) 6122/201090000 AM Prepared By Heidi F. Ashton Section Chief/Land Use~Transport.ation Date County Attorney County Attorney 6/4120102:23:22 PM Approved By Toni A. Matt Manager - Property Acquisition & Const M Date Administrative Services Division Facilities Management 6/7120108:09 AM Approved By Thomas Wides Director - Operations Support - PUD Date Public Utilities Division Utilities Finance Operations 6/71201012:37 PM Approved By Bala Sridhar ManagemenUBudget Analyst, Senior Date Public Utilities Division Utilities Finance Operations 617/201012:39 PM Approved By James W. Delany Public Utilities Division Administrator Date Public Utilities Division Public Utilities Division S17/2010 1:00 PM Approved By Jeff Klatzkow County Attorney Date SI1012o10 10:16 AM Approved By OMS Coordinator Date County Manager's Office Office of Management & Budget 6/1012010 1:3S PM Approved By Susan Usher Management/Budget Analyst, Senior Date Office of Management & Office of Management & Budget 6111/2010 3:S7 PM Budget , Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 6/11/2010 7:2S PM genda Item o. 1 1 June 22, 2010 Page 3 of 7 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as the Governing Body of Collier County and as Ex- Officio Governing Board of the Collier County Water-Sewer District, Petitioner, Case No.: 06-0082-CA v. NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT, et aI., Parcel No.: 20T Respondents, I STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as the Governing Body of Collier County and as Ex-Officio Governing Body of the Collier County Water- Sewer District, by and through its undersigned counsel, and Respondent, SEMBLER F AMIL Y PARTNERSHIP #42, LTD, AS SUCCESSOR TO TOLL-RAITLESNAKE LLC (hereafter "SEMBLER FAMILY PARTNERSHIP"), by and through its undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 20T, 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 Respondent, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, SEMBLER FAMILY PARTNERSHIP, have and recover from Petitioner the swn of Four Thousand Four Hundred and No/IOO Dollars ($4,400.00) as full payment for the property interest taken and for damages resulting to the remainder, ifless than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further ORDERED that Respondent, SEMBLER FAMILY PARTNERSHIP, receive from Petitioner as a reasonable anorney's fee the sum of Eight Hundred Twenty-Five Dollars and NollOO ($825.00). Except as provided herein, no attorney's fees or other costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel 20T; it is further ORDERED that Petitioner is entitled to a credit in the amount of Two Thousand Six Hundred Dollars and NollOO ($2,600.00) which was previously deposited into the registry of the Clerk of the Circuit Court toward the acquisition of Parcel 20T at which time title to said parcel as described in Exhibit "AU vested in the name of Petitioner, it is further ORDERED that within thirty (30) days of entry of the Stipulated Final Judgment by the Court, the Clerk of this Court shaH disburse the total amount of Two Thousand Six Hundred Dollars and NollOO ($2,600.00) to the RUDEN MCCLOSKY TRUST ACCOUNT, clo Thomas R, Bolf, Esquire, Ruden McClosky PA, P. 0 Box 1900, Fort Lauderdale, Florida 33302-1900, for the benefit of Respondent, SEMBLER F AMIL Y PARTNERSHIP; it is further ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final Judgment entered by the Court, Petitioner shall disburse the total amount of One Thousand Eight Hundred Dollars and No/lOO ($1,800.00) to the RUDEN MCCLOSKY TRUST ACCOUNT, c/o Thomas R. Bolf, Esquire, Ruden McClosky PA, p, 0 Box 1900, Fort Lauderdale, Florida 33302- 1900, for the benefit of Respondent, SEMBLER F AMIL Y PARTNERSHIP; it is further ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final Judgment entered by the Court, Petitioner, shaH disburse the total amount of Eight Hundred Twenty-Five Dollars and No/loo ($825.00) to THOMAS R. BOLF, ESQUIRE, Ruden McClosky .'~'- 2of4 P.A., P. 0, Box 1900, Fort Lauderdale, Florida 33302-1900, for attorney's fees pursuant to Section 73.092, Florida Statutes; it is further ORDERED that title to Parcel No, 20T, a Temporary Construction Easement, being fully described in Exhibit "AU attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated April 25, 2006, and the deposit of money heretofore made, is approved, ratified, and confirmed; provided, however, notwithstanding the Temporary Construction Easement duration of 3 years from the commencement of construction set forth on the legal description for Parcel 20T and Exhibit A attached hereto, Petitioner has completed the construction for which Parcel 20T and the Temporary Construction Easement was obtained and therefore its title to said Parcel 20T is hereby terminated and of no further force and effect; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3966, Page 2787, el seq., of the Public Records of Collier County, Florida be dismissed as to Parcel 20T; it is further ORDERED that pursuant to Section 74,051(3), F,S" the Clerk of Courts shall disburse the interest earned on the funds on deposit in the amount of $277.11, plus any additional accrued interest for Parcel 20T, to the Board of County Commissioners, account nwnber: 411-989010- 361190; it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida. A title insurer or other third party shall be entitled to rely on the recorded Stipulated Final Judgment as establishing the termination date of the Temporary Construction Easement; it is therefore 30f4 gen a (em o. June 22, 2010 Page 6 of 7 DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _ day of. .2010. CIRCUIT COURT JUDGE conformed copies to: Heidi Ashton-Cicko, Esquire Thomas R, Bolf, Esquire JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, SEMBLER FAMILY PARTNERSHIP #42, LTD, AS SUCCESSOR TO TOLL-RAITLESNAKE LLC. hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcel20T. Dated: Dated: ~(/'I..c.. HEIDI ASHTON-CICKO, ESQmRE Florida Bar No.: 966770 OFFICE OF THE COUNTY A ITORNEY Hannon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 252-8400 - Telephone (239) 252-6300 - Facsimile A ITORNEY FOR PETITIONER, COLLIER COUNTY THOMAS R. ROLF, ESQUIRE Florida Bar No.: 454419 RUDEN MCCLOSKY PA P. O. Box 1900 Fort Lauderdale, FL 33302-1900 (954) 754-6660 - Telephone (954) 764-4995 . Facsimile AITORNEY FOR RESPONDENT, SEMBLER FAMILY PARTNERSHIP LLC #42, LTD, AS SUCCESSOR TO TOLL- RA ITLESNAKE LLC CPI06-0082-CA 14 I 5 ~. 40f4 . 10 a. - 701,1 I- PROJECT 7()1 .-:.. PARCEL ::z 0 . "I FOlIO 00'/1" 7#tcooo EXHIBIT I~ TEMPOR.UtY CONSI'IItJcnON USDIIlN'l' (DllIlA.'nON, 3 YIOOlS ,.OM COI\OllllllCBMll: OF CONS'I'RtlCTlON) SKB'l'CH mD D8SCRIPTION 0' A TEJlPORARY CONSTRUGTION 8AS8JaNT (20. T) IN lHE SW 1/4 Of lHE SW 1/4 Of ElION 14. TOM/SHIP 50 S. RANOE 211 f:, CQUJER COUNTY. FLORIOA '00' N,IW Ii ~ roue NO.: ~i ~[ 0041672ClOOO f,j _ o.J..rr. n ( - ,. ~ 11 ~! .. i II :s~ ....00' P.O.~ ~~OO~ II -- -,. ~ P.G.8. .~ $ IJNt __ ,. ~ .\ II ,fIQ.,., 'i t , 5C-a:AlII1Y AOo\l) t J F.I'.6I.._ _ a. IJQfT co. R,IW - ~-CF-WAY /. 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