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Agenda 09/29/2009 Item #16K 6 Agenda Item No. 16K6 September 29, 2009 EXECUTIVE SUMMARY Page 1 of 9 Recommendation to approve a Stipulated Final Judgment in the amount of $30,000 for Parcel 142 in the lawsuit styled Collier County v. Charles R. Wilson, et al., Case No. 02-5164-CA (Immokalee Road Project No. 60018). (Fiscal Impact $20,194) OBJECTIVE: That the Board of County Commissioners approve the attached Stipulated Final Judgment for payment of full compensation, for the taking of Parcel 142 in the lawsuit styled Collier County v. Charles R. Wilson, et. aI., Case No. 02-5164-CA (Immokalee Road Project Number 60018). CONSIDERATIONS: Collier County has condemned a .364 acre parcel for road right-of-way (Parcel 142) from property owners Charles R. Wilson, Helen J. Wilson and Betty 1. Wilson. The County's initial appraisal dated May 26,2002, valued the taking at $18,200. The County offered the property owners $18,200 as the County's statutory offer on July 10, 2002. The offer was not accepted. A second appraisal dated March 12, 2003, valued Parcel 142 at $21,900. An Order of Taking hearing was held on May 13, 2003, and the County deposited the sum of $21,900 in the Court Registry. On July 28, 2009, the Board of County Commissioners approved an Offer of Judgment. Instead of accepting the offer, the property owners scheduled a deposition and mediation. The property owners have countered with an amount of $50,498, plus attorney's fees, expert fees and costs. Owners claim a higher land value per acre and costs to cure for reconstruction of the driveway access. To avoid deposition costs, mediation and trial costs, staff recommends settlement in the amount of $30,000, plus of attorney's fees, expert fees and costs. If approved, the County will be responsible for the following costs: Additional Amount Owed: $ 8,100 * Attorneys fees $ 3,894 Expert costs: $ 8.200 TOTAL $20,194 * Attorney's Fees are mandated by S73.092, F.S., and are based on 33% of the total benefit achieved, i.e., 0.33 x ($30,000 - $18,200). FISCAL IMP ACT: Funds in the amount of $20,194 are available in Gas Taxes and/or Impact Fees. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ RECOMMENDATION: That the Board of County Commissioners approve the Stipulated Final Judgment as to Parcel 142 and authorize payment of the funds as stated. PREPARED BY: Robert N. Zachary, Assistant County Attorney Agenda Item No. 16K6 CP: 02.0235;295 September 29,2009 Page 2 of 9 - 2 Page I of2 Agenda Item No. 16K6 September 29,2009 Page 3 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K6 Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of $30,000 for Parcel 142 in the lawsuit styled Collier County v. Charles R. \Nilson, et aI., Case No. 02- 5164-CA (Immokalee Road Project No. 60018). (Fiscal Impact $20,194) Meeting Date: 9/29/2009 9:00:00 AM Prepared By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 9/16/20099:42:32 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM-ROW 9/16/200910:59 AM Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 9/16/20092:57 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 9/16/20093:57 PM Approved By Therese Stanley Grants Coordinator Date Transportation Transportation Administration 9/16/20094:40 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 9/17/2009 9:08 AM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & 9/17/20093:34 PM Construction Management Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 9/18/2009 1 :36 PM Approved By OMB Coordinator OMB Coordinator Date - County Manager's Office Office of Management & Budget 9/18/20093:45 PM file://C:\Agendatest\export\135-September 29,2009\16. CONSENT AGENDA\16K. COUN... 9/23/2009 '-"".'''',,,"~,,,,_. Page 20f2 Agenda Item No. 16K6 September 29, 2009 Page 4 of 9 Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 9/21/20091:52 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County County Manager's Office 9/21/20092:11 PM Commissioners -. file://C:\Agendatest\export\135-September 29,2009\16. CONSENT AGENDA\16K. COUN... 9/23/2009 Agenda Item No. 16K6 September 29, 2009 Page 5 of 9 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CNIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No. 02-5164-CA v. Parcel No. 142 CHARLES R. WILSO~,_et al., Respondents. / STIPULATED FINAL JUDGMENT TIllS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents, CHARLES R. WILSON, HELEN J. WILSON, and BEITY 1. WILSON, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 142 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 Respondents, CHARLES R. WILSON, HELEN 1. WILSON, and BETTY J. WILSON, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, CHARLES R. WILSON, HELEN J. WILSON, and BEITY J. WILSON, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of THIRTY THOUSAND and Noll 00 Dollars ($30,000.00) for Parcel 142, as full payment for the property interest taken and for damages resulting to the remainder, if -- ..--..----...... . I Agenda Item 1\10. 16K6 September 29, 2009 Page 6 of 9 less than the entire property was taken, and for all other damages in connection with said parcel; it is further 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 $21,900.00; it is further ORDERED AND ADJUDGED that Respondents are entitled to a good faith credit for 2002 taxes paid to the Collier County Tax Collector from the good faith deposit which was previously withdrawn by Respondents on June 12,2003; it is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay an additional Eight Thousand One Hundred and No/IOO Dollars ($8,100.00) to Respondents, CHARLES R. WILSON, HELEN J. WILSON, and BETTY J. WILSON, as the balance for the award for Parcel 142; it is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay an additional Three Thousand Eight Hundred Ninety-Four and No/I00 ($3,894.00) in attorney's fees and $8,200 in costs for a total of $12,094.00; it is further ORDERED AND ADJUGED that without further order of the Court, that within thirty (30) days hereof, Petitioner, COLLIER COUNTY, FLORIDA, shall pay a total of $12,094 to the Roetzel Andress Trust Account, 2320 First Street, Suite, 1000, Ft. Myers, FL 33901-2904, for proper disbursement in accordance with this order; it is further ORDERED AND ADJUDGED that fee simple title to Parcel 142, 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 confinned; it is further 2 Agenda Item No. 16K6 September 29,2009 Page 7 of 9 ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3178, Page 2236 of the Public Records of Collier County, Florida be dismissed as to Parcel 142; 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 $28.78, plus any additional accrued interest for parcel 142, to the Board of County Commissioners, account number: 313-163673-60018.1; it is further ORDERED AND ADJUDGED tha~~s 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 142 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 : ; i day of ,20_. HONORABLE CYNTHIA A. PIV ACEK CIRCUIT COURT JUDGE conformed copies to: Robert N. Zachary, Esquire Kenneth A. Jones, Esquire Jennifer Dixon-Abbott, Esquire Kevin Hendricks, Acquisition Mgr.rrransp. Clerk's Office - Accounting 3 Agenda Item No. 16K6 September 29,2009 Page 8 of 9 JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner, COLLIER COUNTY, FLORIDA. together with Respondents, CHARLES R. WILSON, HELEN J. WILSON, and BETTY J. WILSON, hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcel 142. Dated: ..,I) ,- Ill. , Dated: 1/' /~ ~ ; A. JONES, ESQUIRE ROBERT N. ZACHARY ar No. 200158 Florida Bar No. 816604 ROE L & ANDRESS, P.A. ASSIST ANT COUNTY ATTORNEY 2320 'ST Street, Suite 1000 Harmon Turner Building, 8lh Floor Fort Myers, Florida 33901-2904 3301 East Tamiami Trail (239)338-4206 - Telephone Naples, Florida 34112 (239)337-0970 - Facsimile (239) 774-8400 - Telephone ATTORNEY FOR RESPONDENTS, (239) 252-6300 - Facsimile CHARLES R. WILSON, HELEN J. ATTORNEY FOR PETITIONER WILSON, and BETTY J. WILSON COLLIER COUNTY, FLORIDA CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by U.S. mail to the parties listed below on this the _ day of September, 2009. ROBERT N. ZACHARY Assistant County Attorney Kenneth A. Jones, Esq. Jennifer Dixon-Abbott 2320 First Street Rhodes, Tucker & Garretson Suite 1000 Post Office Box 887 Ft. Myers, FL 33901-3419 Marco Island, Florida 34146 CP:02..o235;294 4 Agenda Item No. 16K6 . ~IBIT -A- September 29, 2009 r ~..:rL. Page 9 of 9 r~'lt - - FEE SIMPLe IMMOKALEE ROAD - JNTEREST --.- S.R. 846 3110' : I 54 CHARLES F. WILSON N J WILSON HELE R WILSON , CHARLES 'WILSON . O~i~~3~' PG. 15i7 I : -- ) NOT TO SCALE: Notes: 1. this Is not a IRJrvay. 2. Basis of bearing Is . N/I>.. -- Description: J. Sub Joet to eosementsr The Northerly 79.18 feet of the Eost Two Hundred reservatIons and \. (200') of the West 360', of the North Ontl Half of restrictions of record. the Northwest quorter of the Northeast quarter. less RIght-of-Way, Section 29/'Townshlp 48 South Range 27, East, Collier County, Florida. Containing 0.384 acres, more or lelll. B'~J~'. . - 0,4,"'0"'1 ~.r~ (FOR 'THE F1R~) FL.... uc. INo. 34 N HOT vAUD W111iOUT 'nlE SlCNA1URt AND THE ORIGINAL RAISED SEAl or A FLORIDA UCENSEO SURVEYtlR AND "'APPER SKETCH AND DESCRIPTION WILKISON Be: ASSOCIATES INe.. ENGINEERS, SURVEYORS AND PlANNERS J50e EXCHANGE AVE. NAPLES, F1..A. 34104 (941) 843-2404 FAX NO. r41) 843-5173 FLORIDA BUSINESS UCEN E NO. lB5no SCALE SEC US W.O. NO. DRAlIlW BY ALE NAME ~ AS NOTED 29/48/27 0014.1 EAW 00-01B-OO.OWG 0 50 100 150 DATE SHEET Fa PO CHECKED BV DWG. NO. '-'" REI/lSED 15~/02 10/01 1 OF 1 OJH IR-L-142 REVISED It! 5/02 -I ..