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Agenda 12/01/2009 Item #16K 8 Agenda Item No. 16K8 December 1, 2009 Page 1 of9 EXECUTIVE SUMMARY Recommendation to authorize a Stipulated Final Judgment in the amonnt of $795,000 for Parcel 124FEE in the lawsuit styled Collier County v. Pascal J. Murray, et. aL, Case No. 07- 4784-CA (Santa Barbara Boulevard Extension Project #60091 (Fiscal Impact $180,700). OBJECTIVE: That the Board of County Commissioners authorize the attached Stipulated Final Judgment for payment of full compensation, for the taking of Parcel 124FEE in the lawsuit styled Collier County v. Pascal J. Murray, ct. al., Case No. 07-4784-CA (Santa Barbara Boulevard Extension Project #60091). CONSIDERATIONS: Collier County acquired by condemnation a 4.55 acre parcel, for construction ofa roadway, from property owners Donald E. and Jeanne Fields. The County's initial appraisal dated July 12, 2007, valued the parcel at $614,300. The County offered the owners $639,300 as the County's statutory offer on August 30, 2007, based on the initial appraisal of $614,300 plus a settlement incentive of $25,000. A later appraisal by the County reflected a reduction in the value of Parcel 124FEE to $591,500. A Stipulated Order of Taking was entered on March 7, 2008, and the County agreed to deposit tbe sum of$614,300 in the Court Registry. - The issue in this case is the highest and best use of the property. In tbe before condition, the 10 acre property was suitable for multi-family residential development. After tbe taking of almost one-balf of the property, the appraisers concluded tbat the best use was for single family residential, tbereby reducing the value of the remaining property. Owners' appraiser subsequently valued the parcel and damages to the remainder at $1,202.600. The Case was mediated, an impasse was reached and the case was being prepared for trial by outside counsel. The County previously made an Of Tel' of Judgment to the owners in the amount of $711,301, which excluded attorney's fees, expeli fees and costs. If the County's Offer of Judgment had been accepted, the County would also have had to pay $23.760.33 in attorney's fees and estimated expert fees and costs in the sum of $50,000, for a total payment of$785,061. It should be noted that if the County were unsuccessful at trial, between a potential jury verdict of $1,202,600, together with the County having to pay both the owners' attorney's fees and costs, as well its own trial costs, total expenditures could be several hundreds of thousands of dollars in excess of the sum the County would be paying if this proposed settlement is approved. Given the above, staff recommends and the owners agree to a settlement in the anlount of $795,000, which includes attorney's fees, expert fees and costs. An approximate breakdown of this global settlement is $726,500 in compensation for Parcel 124FEE, $30,000 in attorney's fees, and $38,500 in expert fees and costs as the owner utilized the services of an appraiser, engineer and land planner in this case. Attached is the Stipulated Final Judgment. If approved, tbe County will be responsible for the following costs: ,.-" . Additional amount inclusive of attorneys fees, expeli fees and costs: TOTAL $180.700 $180,700 , "'"-"~"^--",,,,_..,~.,,,, ""; .. ."', .J........'.. _"..'~"m'_,"'+",,"'" Agenda Item No. 16K8 December 1, 2009 Page 2 of9 Executive Summary Page Two FISCAL IMPACT: Funds in the amount of$180,700 to come from Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERA nONS: This item is legally sufficient for Board action. RNZ RECOMMENDATION: That the Board of County Commissioners authorize the Stipulated Final Judgment as to Parcel 124FEE and authorize payment of the funds as stated. PREPARED BY: Robert N. Zachary, Assistant County Attorney CP:07-4784-CA;JJ25 --"- r -"". Agenda Item No. 16K8 December 1, 2009 Page 3 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: l6K8 Recommendation to authorize a Stipulated Final Judgment in the amount of $795,000 for Parcel 124FEE in the lawsuit styled Collier County v. Pascal J. Murray. et. al.. Case No. 07- 4784-CA (Santa Barbara Boulevard Extension Project #60091 (Fiscal Impact $180,700). 12/1/20099:00:00 AM Meeting Date: Prepared By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney 11/17/200912:26:22 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney 11/17/200912:36 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Division Transportation Administration 11/17120094:21 PM Approved By Najeh Ahmad Director - Transportation Engineering Date Transportation Engineering & Transportation Division Construction Management 11/17/20094:32 PM Approved By Kevin Hendricks Manager - Right of Way Date Transportation Engineering & Transportation Division Construction Management 11/17/20094:42 PM Approved By Norm E. Feder, AICP Administrator - Transportation Date Transportation Division Transportation Administration 11/17/20094:47 PM Approved By Therese Stanley Manager ~ Operations Support ~ Trans Date Transportation Division Transportation Administration 11/17/20094:50 PM Approved By Heidi F. Ashton Section Chief/Land Use-Transportation Date County Attorney County Attorney 11/17/20094:55 PM Approved By ,,~- OMB Coordinator Date County Attorney County Attorney 11/16/20099:49 AM >"-_._.*.~-. ..,.~__,__.u.'_" ......T.... Agenda Item No. 16K8 December 1, 2009 Page 4 of 9 Approved By John A. Yonkosky Office of Management & Budget Director ~ Management and Budget Date Office of Management & Budget 11/18/200912:39 PM Approved By Jeff Klatzkow County Attorney Date 11/19/20099:45 AM Agenda Item No. 16K8 December 1. 2009 Page 5 of9 IN THE CIRCIDT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, vs. CASE No.: 07-4784-CA PARCEL No.: 124FEE PASCAL J. MURRAY, 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 lmdersigned counsel, and Respondents, -' DONALD R AND JEANNE FIELDS, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel No. I 24FEE for the Santa Barbara Boulevard Project No. 60091, and it appearing to the Court that the parties arc authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due Respondents, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDER AND ADJUDGED that Respondents, DONALD E_ AND JEANNE FIELDS, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Seven Hundred Ninety Five Dollars aud no/l 00 ($795,000.00) for Parcel No_ I 24FEE as full payment for the property interests 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 parcels as well as all fees and costs incurred by Respondents, and no other fees and costs shall be incurred in this case; it is further .u" "'-"'--"~'-- -, --."'._"-~--'~~"~-" , -,,,".~,--,..,,., ..- J'-' Agenda Item No. 16K8 December 1, 2009 Page 6 of9 ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit in the amount of Six Hundred Fourteen Thousand Three Hundred and no/100 ($614,300.00) which was previously deposited into the registry ofthe Clerk of the Circuit Court toward the acquisition of Parcel No. I 24FEE 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 pay the additional amount of One Hundred Eighty Thousand Seven Hundred and No/I00 ($180,700.00) to the TRUST ACCOUNT OF GAYLORD MERLIN LUDOVICl DlAZ & BAIN, c/o Ellen J. Neil, Esq., . 5001 West Cypress Street, Tampa, FL 33607, for the benefit of Respondents, DONALD E. AND JEANNE FIELDS, and for payment of their attorneys' fees, expert fees and costs. Petitioner has agreed to use its best efforts to pay this additional amount before December 31, 2009; it is further ORDERED that fee simple title to Parcel No. I 24FEE, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Stipulated Order of Taking dated March 7, 2008, and the deposit of money heretofore made, are 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 the Notice of Lis Pendens filed in this cause and recorded in Official Record Book 4308, Page 1793 of the Public Records of Collier County, Florida, be dismissed as to Parcel 124FEE; and it is further - 2- Agenda Item No. 16K8 December 1, 2009 Page 70f9 .". ORDERED 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 ofParcel124FEE and that have or could have been asserted in this cause; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,2009. HONORABLE HUGH D. HAYES CIRCUIT COURT JUDGE Conformed copies to: Robert N. Zachary, Esq. Ellen J. Neil, Esq. Jay Bartl ett, Esq. Kevin Hendricks, Transportation Acquisition ~. - 3 - _.~.^ -'.'~-~ -."- _'N_~~'''_~.._.'' , --"-" . ~ ,,~_..,.. - -.....-...-...-,....-- ., , ",'r,~'__'__"" _" . . Agenda Item No. 16K8 December 1, 2009 Page 8 of 9 JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel No. 124FEE. Dated~~, ~ -2 2<0) ~_ J", _) ELLEN J. NEIL, ESQUIRE Florida Bar No. 339709 S. CARY GAYLORD, ESQUIRE Florida Bar No. 180538 GA YLORD MERLIN LUDOVICI DIAZ & BAIN PO Box 569 Boca Grande, FL 33921 941-964-446 I - Phone 941-964-2461 - Fax A TTORNEY FOR RESPONDENT - 4- Dated: ~OBERT N. ZACHARY, ESQUIRE Florida Bar No.8 16604 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 239-252-8400 - Phone 239-252-6300 - Fax A TTORNEY FOR PETITIONER "'+, . ~~ " ."".-.,, Agenda Item No. 16K8 December 1, 2009 Page 9 of9 0" fEE SIMPlE INTEREST PROJECT NO. PARCEL NO. FOUO NO. . 60091 124FEE 00408980000 LEGAL DESCRIPJ1P!i& SKEJCH i(NOT A SURVEY) EXHIBIT A . " A PORTION OF SECTION . TOWNSHIP 50 SOUTH, RANGE 26 EAST. MORE PARllCUl..AFtLY ~R1BED!oS FOllDWS: . . TliE NORili ONE HALF ( OF l11E SOUTHWEST ONE QUARTER (U..) OF'll-lE NORlliW ONE QUARTER (1/41 OF THE SOUTHWEST ONE QUARTER (114] Of 0 secnoN 9, LESS THE NORl11ERL Y 30 FEET THEREOF. COm: NING 4.55 ACRES MORE OR LESS. . . , , , . . . . , , ." 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