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Agenda 09/15/2009 Item #16K 6 Agenda Item No. 16K6 September 15, 2009 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment in the amount of $9,000 for Parcel 169 in the lawsuit styled Collier County v. Thomas F. Salzmann, et al., Case No. 03-2550-CA (Golden Gate Parkway Project 60027). (Fiscal Impact $6,246.80) OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for payment of full compensation, for the taking of Parcel 169 in the lawsuit styled Collier County v. Thomas F. Salzmann, et. al., Case No. 03-2550-CA (Golden Gate Parkway Project 60027). CONSIDERATIONS: Collier County has condemned a .071 acre parcel for a perpetual non- exclusive road right-of-way, drainage and utility easement (Parcel 169) from property owners Joseph M. Manning and Beth A. Manning. The County's appraisal dated January 6, 2003, valued the taking at $6,300. The County offered the owner $7,040 as the County's statutory offer on March 7, 2003. The offer was not accepted. A second appraisal reflected the value of the take at $7,400. An Order of Taking hearing was held on September 19,2003, and the County deposited the sum of$7,400 in the Court Registry. Staff recommends settlement in the amount of $13,646.80, inclusive of attorney's fees, expert fees and costs. See attached Stipulated Final Judgment. If approved, the County will be responsible for the following costs: - Additional amount owed: * Attorneys fees: Expert fees and costs: TOTAL $1,600.00 $ 646.80 $4,000.00 $6,246.80 * Attorney's Fees are mandated by g73.092, F.S., and are based on 33% of the total benefit achieved, i.e., 0.33 x ($9,000 - $7,040). FISCAL IMPACT: Funds in the amount of $6,246.80 will come from Gas Taxes and Impact Fees. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. This is a regular item requiring a simple majority vote. RNZ RECOMMENDATION: That the Board of County Commissioners approve the Stipulated Final Judgment as to Parcel 169 and authorize payment of the funds as stated. .- PREPARED BY: Robert N. Zachary, Assistant County Attorney CP:03-2550;984 r a!:;;1;; I VI L. Agenda Item No. 16K6 September 15, 2009 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K6 Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of $9,000 for Parcel 169 in the lawsuit styled Collier County v. Thomas F. Salzmann, et aI., Case No. 03-2550-CA (Golden Gate Parkway Project 60027). (Fiscal Impact $6,246.80) 9/15/20099:0000 AM Meeting Date: Prepared By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 8/26/200911:16:02AM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 8/26/20094:56 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 8/27/20098:35 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM-ROW 8/27/2009 12:03 PM Approved By Najeh Ahmad Director Date Transportation Engineering & Transportation Services Construction Management 8/28/2009 9:56 AM Approved By Therese Stanley Grants Coordinator Date Transportation Transportation Administration 8/28/200910:57 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 8/28/2009 2:04 PM Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 8/28/2009 4:22 PM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 9/1/2009 3:25 PM ~ abl..- ""- V.l ""- Agenda Item No. 16K6 September 15, 2009 Page 3 of 8 Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 9/2/200910:07 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/2/2009 11 :46 AM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 9/2/2009 5:04 PM r'"1 1/,--, \ A Agenda Item No. 16K6 September 15. 2009 Page 4 of 8 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, Case No. 03-2550-CA v. Parcel No.: 169 THOMAS F. SALZMANN, et al., Respondents. / STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents, JOSEPH M. MANNING and BETH A. MANNING, by and through their undersigned counsel for entry of a Stipulated Final Judgment as to Parcel 169, 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, COLLIER COUNTY, FLORIDA, is the full compensation due Respondents, JOSEPH M. MANNING and BETH A. MANNING, and the Court being otherwise fully advised in the premises thereof, it is thereupon, ORDERED AND ADJUDGED that Respondents, JOSEPH M. MANNING and BETH A. MANNING, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Nine Thousand Dollars and No/tOO ($9,000.00) as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further 1 Agenda Item No. 16K6 September 15. 2009 Page 5 of 8 ORDERED that Respondents, JOSEPH M. MANNING and BETH A. MANNING, receive from Petitioner, COLLIER COUNTY, FLORIDA, as a statutory attorney's fee the sum of Six Hundred Forty-Six Dollars and 80/100 ($646.80), pursuant to Section 73.092, F.S.; it is further ORDERED that Respondents, JOSEPH M. MANNING and BETH A. MANNING, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Four Thousand Dollars and 00/100 ($4,000.00) for appraisal fees, it is further ORDERED that except as provided herein, no additional fees or costs shall be awarded to Respondents, it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit in the amount of Seven Thousand Four Hundred Dollars and No/IOO ($7,400.00) which was previously deposited into the registry of the Clerk of the Circuit Court toward the acquisition of Parcel 169 at which time title to said parcel as described in Exhibit "A" vested in the name of Petitioner; it is further ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the total amount of Five Thousand Six Hundred Dollars and 00/100 ($5,600.00) to the PETER T. FLOOD TRUST ACCOUNT, c/o Peter T. Flood, Esquire, 125 North Airport Road, Suite 202, Naples, Florida 34104, equaling the balance of full compensation due to Respondents and appraisal fees; it is further ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the total amount of Six Hundred Forty-Six Dollars and 80/100 ($646.80) to PETER T. FLOOD, ESQUIRE, 125 North Airport Road, Suite 202, Naples, Florida 34104 for statutory attorney's fees; it is further 2 Agenda Item No. 16K6 September 15, 2009 Page 6 of 8 ORDERED that title to Parcel 169, a Perpetual, Non-Exclusive Road Right-of-Way Drainage and Utility Easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, FLORIDA, pursuant to the Order of Taking dated September 19, 2003, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that this Court reserves jurisdiction to enforce the terms of this Stipulated Final Judgment; it is further ORDERED that this Stipulated Final Judgment is subject to approval by the Board of County Commissioners of Collier County, Florida; it is further ORDERED that the Notice of Lis Pendens filed in this action and recorded in Official Record Book 3322, Page 259 et seq., of the Public Records of Collier County, Florida be dismissed as to Parcel 169; it is further ORDERED AND ADJUDGED that pursuant to Section 74.051(4), F.S., the Clerk of Courts shall disburse the interest earned on the funds on deposit in the amount of $82.57, plus any additional accrued interest for Parcel 169 to the Board of County Commissioners, account number: 333-163653-600274; it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida this ,2009. day of CYNTHIA A. PIV ACEK CIRCUIT COURT JUDGE Conformed copies to: Robert N. Zachary, Esquire Peter T. Flood, Esquire Kevin Hendricks, Transportation TECM Accounting 3 Agenda Item No. 16K6 September 15, 2009 Page 7 of 8 JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Joint Motion for Stipulated Final Judgment as to Parcel 169. ,0'-0 Dated: ETER T. FLOOD, ESQUIRE Florida Bar No.: 443077 125 North Airport Road Naples, FL 34104 (239) 263-2177 - Telephone ATTORNEY FOR RESPONDENTS l2.-z.... r- ROBERT N. ZACHARY, ESQUIRE Florida Bar No.: 816604 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 252-8400 - Telephone (239) 252-6300 - Facsimile ATTORNEY FOR PETITIONER 4 PI;l.RCEL NO. / (,,' . PERPETUAL. NON.exa",~ . 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COLLIER COUlofr!'. fLORIIJA BEING MORE l"AR1ICULIIRI.Y OE.SCRIBEU AS FOlI.OWS. COMMENCE ^' THE NOR1HWEST CORNER OF SAIIJ 1.01 1: TltENr.E S.OO.27'~5'E., A\.ONG 1IIE: Wf"Sr UNE Of SAID lOT 1. A P1STI\NCE CIf 1111.1\ n;[I; 'HENCE 1.[AVlIIO TilE SAlll 'WEST I.ll~t:. <<.IIU'J'2'05.(., " DISTAIfCI: or 30.00 fEE-I, TO lilt lASl LINt Of " ROMlWIlY EASEMENT (110' WIOE) AS flEr.:OROLO IN PIAl 000)( '. p^Gt. ~( Uf TilE I'UI)\.IC RECOROS Qf COlUE/l COUNTY, FLORIDA AND UEINll TlIE POINT I)f nrG1HN1~lr.. 1I1ENCE 1.EAVlNG THE s,lJO EAST LINE, 5,53'13'411"[., II OlS,.mI:E Of 31.40 frET, THENCE S.OO'27'55~E.. " OIST~lCE or L 14.17 tEEl. TO A POINT ON THE NORTH LINE OF' A (160' WIDE) DRAINAGE EA$EMEN'r AS PEIl SAID PLAT BOOK 7. PACE 57; THENCE S.1l0.J7'144w., ALONG THE SAID HORTH LINE, " DISTANCE OF 25,00 FELT. TO rilE SAID' EAST LINEl THENCE N.orr27'S5'W.. "l.ONG l~IE SAID EAST IINI::, ^ OISTANr.E 01' lJJ.73 rEET. TO TIlE P()IN! OF' B[GINNING. 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