Agenda 10/27/2009 Item #16K 2Agenda Item No. 16K2
October 27, 2009
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $10,700 for Parcel
168 in the lawsuit styled Collier County v. Thomas F. Salzmann, et al., Case No. 03- 2550 -CA
(Golden Gate Parkway Project 60027). (Fiscal Impact $9,507.80)
OBJECTIVE: That the Board of County Commissioners approves the attached Stipulated Final
Judgment for payment of full compensation, for the taking of Parcel 168 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 168) from property owner Chaja
Goldstein, Individually and as trustee. The County's appraisal dated November 29, 2002, 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 $1 0,700, plus attorney's fees, expert fees and costs.
If approved, the County will be responsible for the following costs:
Additional amount owed: $3,300.00
*Attorneys fees: $1,207.80
Expert fees and costs: $5,000.00
TOTAL $9,507.80
* Attorney's Fees are mandated by §73.092, F.S., and are based on 33% of the total benefit
achieved, i.e., 0.33 x ($10,700 - $7,040).
FISCAL IMPACT: Funds in the amount of $9,507.80 are available from Gas Taxes and 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 168 and authorize payment of the funds as stated.
PREPARED BY: Robert N. Zachary, Assistant County Attorney
CP:03- 2550;990
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Agenda Item No. 16K2
October 27, 2009
Page 2 of 8
file: / /C: \AgendaTest \Export\137- October 27, 2009 \16. CONSENT AGENDA \16K. COUN... 10/21/2009
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16K2
Item Summary:
Recommendation to approve a Stipulated Final Judgment in the amount of $10,700 for
Parcel 168 in the lawsuit styled Collier County v. Thomas F. Salzmann, et al., Case No. 03-
2550-CA (Golden Gate Parkway Project 60027). (Fiscal Impact $9,507.80)
Meeting Date:
10127/2009 9:00:00 AM
Prepared By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/912009 1:52:28 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
1019/2009 2:48 PM
Approved By
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/1212009 11:23 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM -ROW
10/12/2009 3:10 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Engineering &
Transportation Services
Construction Management
10112/2009 3:29 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
10/13/2009 9:37 AM
Approved By
Therese Stanley
Grants Coordinator
Date
Transportation
Transportation Administration
10113/2009 11:21 AM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
1011412009 10:10 AM
Approved By
Jeff Kiatzkow
County Attorney
Date
County Attorney
County Attorney Office
1011412009 2:09 PM
file: / /C: \AgendaTest \Export\137- October 27, 2009 \16. CONSENT AGENDA \16K. COUN... 10/21/2009
Approved By
OMB Coordinator OMB Coordinator
Date
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Agenda Item No. 16K2
October 27, 2009
Page 3 of 8
County Manager's Office Office of Manaaement & Budget 10/1412009 3:10 PM
Approved By
John A. Yonkosky Director of the Office of Management Date
County Manager's Office Office of Management & Budget 1011412009 3:53 PM
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Agenda Item No. 16K2
October 27, 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,
V.
THOMAS F. SALZMANN, et al.,
Respondents.
Case No. 03-.2550-CA
Parcel No.: 168
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 Respondent,
CHAJA GOLDSTEIN, INDIVIDUALLY AND AS TRUSTEE u/a/d 12/17/84 (hereafter
"Respondent "), by and through his/her undersigned counsel for entry of a Stipulated Final Judgment
as to Parcel 168, 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 the Respondent, and the Court being otherwise fully advised in the
Premises thereof, it is thereupon,
ORDERED AND ADJUDGED that the Respondent have and recover from Petitioner,
COLLIER COUNTY, FLORIDA, the sum of Ten Thousand Seven Hundred Dollars and No /100
($10,700.00) 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. 16K2
October 27, 2009
Page 5 of 8
ORDERED AND ADJUDGED that the Respondent receive from Petitioner, COLLIER
COUNTY, FLORIDA, the sum of One Thousand Two Hundred Seven Dollars and 80/100
($1,207.80) for reasonable attorney fees; it is further
ORDERED AND ADJUDGED that the Respondent receive from Petitioner, COLLIER
COUNTY, FLORIDA, the sum of Five Thousand Dollars and 00/100 ($5,000.00) for the
appraisal fees of Erickson Appraisers; it is further
ORDERED AND ADJUDGED that except as provided herein, no additional fees of costs
shall be awarded to the Respondent; it is further
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled
to a credit in the amount of Seven Thousand Four Hundred Dollars and N01100 ($7,400.00)
which was previously deposited into the registry of the Clerk of the Circuit Court toward the
acquisition of Parcel 168 at which time title to said parcel as described in Exhibit "A" vested in the
name of the Petitioner; it is further
ORDERED AND ADJUDGED that within thirty (30) days of receipt by of the Stipulated
Final Judgment entered by the Court, the Petitioner, COLLIER COUNTY, FLORIDA, shall
disburse the total amount of Eight Thousand Three Hundred Dollars and 00 /100 ($8,300.00) to
the FORMAN HANRATTY TRUST ACCOUNT, c% Vanessa Thomas, Esquire, FORMAN
HANRATTY & MONTGOMERY, 723 East King Street, Ocala, Florida 34471, equaling the
balance of full compensation due to the Respondent and appraisal fees; it is further
ORDERED AND ADJUDGED 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 One Thousand Two Hundred Seven Dollars and 80/100 ($1,207.80)
to VANESSA THOMAS, ESQUIRE, Forman, Hanratty & Montgomery, 723 East Fort King Street,
Ocala, Florida 34471 for reasonable attorney's fees; it is further
K
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Agenda Item No. 16K2
October 27, 2009
- - Page 6 of 8
ORDERED AND ADJUDGED that pursuant to Section 74.051( ), F.S., the Clerk of Courts
shall disburse the interest earned on the funds on deposit in the amount of $$1,282.87, plus any
additional accrued interest for parcel 168, to the Board of County Commissioners, account number:
333 - 163653- 600274; it is further
ORDERED AND ADJUDGED that title to Parcel 168, a Pe rp foal, 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 COUN Y, FLORIDA, pursuant to
the Order of Taldng dated September 19, 2003, and the deposit of money heretofore made, is
approved, ratified, and confirmed; it is further
ORDERED AND ADJUDGED that this Court reserves jurisdict on to enforce the terms of
this Stipulated Final Judgment; it is further
ORDERED AND ADJUDGED that this Stipulated Final Judgmei it is subject to approval by
the Board of County Commissioners of Collier County, Florida; it is Ruth er
ORDERED AND ADJUDGED that the Notice of Lis Pen de 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 168; it is further
ORDERED AND ADJUDGED that this Stipulated Final Judgmait 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 day of
2009.
Conformed copies to:
Robert N. Zachary, Esquire
Vanessa Thomas, Esquire
Kevin Hendricks, Transportation TECM
Accounting
3
CYNTHIA A.
CIRCUIT CO'
ACEK
'JUDGE
Agenda Item No. 16K2
October 27, 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 168.
Dated: 10 -6-OR
�1
VANESSA THOMAS, ESQUIRE
Florida Bar No.: 702412
FORMAN HANRATTY & MONTGOMERY
723 East Fort King Street
Ocala, FL 34471
(352) 732 -3915 - Telephone
(352) 351 -1690 - Facsimile
ATTORNEY FOR RESPONDENT
4
Dated:
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
u
j PERPETUAL, NOWEXCAE EXHIBIT ends Item No. 1602
PARCEL NO. 1 � G ROAD RIGHT -OF• 4AY, DRAINAGE October 2o
AND UTWTY EASEMENT Wagge e 8 of f 8
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I.EGAI. DESCRIPTION FOR PARCEL 168
A PORTION OF TRACT 31 GOLDEN GATE ESTATES, UNIT 29 AS RECORDED IN PLAT HOOK 7, PAGE 57 OF TILE
Pu6L1c RECORDS OF COLLER COUNTY, FLORIDA SITUATE IN StrTION 30, TOWNSHIP 49 SQUTIL, RANGE 26
EAST, COLI-IER COUNTY, FLORIDA DUNG MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCE AT TIIE NORTNEASf CORNER OF SAID TRACT 31; THENCE. S.0D'27'55'E., ALONG THE EAST LINE OF
SAID TRACT 31, A DISTANCE OF 221.11 FELT; THENCE LF:AVINQ TIIE SAID EAST UNE, S.BS'32'O5'YV, A DISTANCE
OF 30.00 FEET, TO A POINT ON THE WEST LINE OF A ROADWAY EASEMENT (60' ME) AS PER SAID PLAT AND
BEING THE POINT OF DEGINl41Nr;
THENCE S.0927'55 "E., ALONG THE SAID WEST LINE, A DISTANCE OF 131.64 FEET, TO A POINT ON THE NORM
LINE OF A (160' WIDE) DRAINAGE EASEMENT AS PER SAID PLAT;
THENCE 5.69'37'14 "W., ALONG T}IE SAID NORTH LINE, A DISTANCE OF 25.00 FEET;
THENCE LEAVING TIIE 5ND NOR LINE, N.00'27'55 "W., A DISTANCE OF 114,69 FEET; ,
THENCE N.52'17' TH 58 "E., A DISTANCE Or 31.40 FEET, TO THE POINF OF BEGINNING;
CONTAINING 3.$03 SQUARE FEET. MORE OR LESS.
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