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Agenda 12/16/2008 Item #16K 4 .I\genda Item No. 16K4 December 16. 2008 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgmeut in the amouut of $39,000.00 for Parcel 1 84RDUE in the lawsuit styled Collier County v. Helmut Hittinger and Lynda Hittinger, as Co-Trustees of the Helmut Hittinger Revocable Trust dated Apri/29, 1991, et al., Case No. 07- 3898-CA (Oil Well Road Project No. 60044). (Fiscal Impact $27,800.00) OBJECTIVE: That the Board of Comty Commissioners approve a Stipulated Final Judgment for payment of full compensation, for the taking of Parcel 184RDUE in the lawsuit styled Collier County v. HELMUT H1TT1NGER And LYNDA HITTINGER, As Co-Trustees Of The Heimut Hittinger Revocable Trust Dated April 29, 1991, et. al., Case No. 07-3898-CA (Oil Well Road Project No. 60044). CONSIDERATIONS: Collier County has condemned a .321 acre parcel for a perpetual non- exclusive road right-of-way, drainage and utilities easement (Parcel 184RDUE) from owners Helmut Hittinger and Lynda Hittinger, as Co-Trustees. The County's initial appraisal dated February 9,2007, valued the taking at $23,900.00. The County offered the owner $31,780.00 as the County's statutory offer on October 22, 2007 based on the initial appraisal of $23,900.00 plus a settlement incentive of $7,880.00. An updated appraisal, dated November 2, 2007, shows a declining market value of $11,200.00 for the taking. An Order of Taking hearing was held on January 9, 2008, and the County deposited the stun of $11,200.00 in the Court Registry. Owners have presented a counter ofTer of $97,900.00, plus attorney's fees and expert fees and costs. ~, Staff recommends settlement of $39,000.00, inclusive of attorney's fees, expert fees and costs, which reflects the reasonable probability of the development of community scale retail at the intersection of Oil Well Road and Everglades Boulevard. See attached Stipulated Final Judgment. If approved, the Comty will be responsible for the following costs: Additional settlement amount, including Attorney's fees, expert fees and costs: TOTAL: $27.800.00 $27,800.00 FISCAL IMPACT: Funds in the amount of $27,800.00 will come from the Gas Taxes and Impact Fees. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDER>\.TIONS: This item is legally sufficient for Board action, is not quasi- judicial and as such, ex-pmie disclosure is not required. This item requires only a majority vote. RNZ ,,-. RECOMMENDATION: That the Board of County Commissioners approve the Stipulated Final Judgment as to Parcel I 84RDUE and authorize the deposit of funds into the Court Registry and payment of the funds as stated. PREPARED BY: Robert N. Zachary, Assistant County Attol11ey CP:07-3898;134 Page 1 of2 Agenda Item No. 16K4 December 16, 2008 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date: 16K4 Recommendation to approve a Stipulated Final Judgment in the amount of $39,000,00 for Parcel 184RDUE in the lawsuit styled Collier County v. Helmut Hittinger and Lynda Hittinger, as Co-Trustees of the Helmut Hittinger Revocable Trust dated April 29. 1991, et aI., Case No. 07.3898-CA (Oil Well Road Project No 60044) (F'scallmpact $27.800.00) 12/16/200890000 AM Item Number: Item Summary: Prepared B)' Robert N. Zachary County Attorney Assistant County Attorney County Attorney Office Date 11/24/20084:14:20 PM Approved By Brian Hancock Operations Support Manager Date Transportation Division Transportation Administration 11/26/200811:46AM Approved By Robert N. Zachary County Attorney Assistant County Attorney County Attorney Office Date 11/26/20082:00 PM Approved By Lisa Taylor ManagemenUBudget Analyst Date Transportation Services Transportation Administration 11/26/20083:00 PM Approved B)" Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM-ROW 12/1/200812:20 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 12/2/200810:48 AM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & Construction Management 12/2/20081:13 PM Approved By Jeff KJatzkow County Attorney Assistant County Attorney County Attorney Office Date 12/3/20083:07 PM Approved OJ OMB Coordinator Applications Analyst Information Technology Date Administrative Services 12/4/20088:12 AM Approved B~' John A. Y onkosky Director of the Office of Management Date Cou..ty Mar;agr;;r's Office OffiCG of lV:a:;agernent & 8u-':get ~ 2:~i20G(1 0 A4 ;"iJl /\pproved B~' James V. Mudd County Manag~r Date file://C:\AgendaTest\Export\118-December%20 16_%202008\ 16.'Yo20CONSENT%20AGE... 12/1 0/2008 ...--------,---.--- Page 2 of 2 Agenda Item No. 16K4 December 16. 2008 Page 3 of 8 Board of County Commissioners County Manager's Office 12/4/20088:22 PM file://C:\AgendaTest\Export\ 118-December'Yo20 16.'Yo202008\ 16.%20CONSENT'Yo20AGE... 12/1 0/2008 ,4genda Item No. 16K4 December 16, 2008 Page 4 of 8 N THE CIRCUIT 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, Case No. 07-3898-CA v. HELMUT HITTINGER and LYNDA HITTINGER, as Co-Trustees of the Helmut Hittinger Revocable Trust dated Apri129, 1991, et aI" Parcel: 184RDUE Respondents. I STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLLlER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents, HELMUT HlTTINGER and LYNDA HITTINGER, as Co-Trustees of the Helmut Hittinger Revocable Trust dated April 29, 1991, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel J 84RDUE, 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, HELMUT HITllNGER and LYNDA HITTINGER, as Co-Trustees, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, HELMUT HITTINGER and LYNDA HITllNGER, as Co-Trustees, have and recover from Petitioner, COLLIER COUNTY, FLOR...TDA, the total sum of Twenty-Nine Thousand and Noll 00 Dollars ($29,000.00) for Parcel 184RDUE, as full payment for the property interest taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said parcel; it is further !\genda Item No. 16K4 December 16, 2008 Page 5 of 8 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 $11,200.00; it is further ORDERED A!'\D ADJUGED that without further order of the Court, that the Clerk shall pay, within thirty (30) days hereof, the Clerk shall pay to Respondents, HELMUT HITIINGER and LYNDA HITTINGER. as Co-Trustees, the total sum of $11.200,00, made payable to the Bella Y. Patel, P.A Trust Account, clo Bella Y. Patel, Esq., 13026 Waterford Run Drive, Riverview, FL, 33569, for the benefit of HELMUT HITTINGER and LYNDA HITTINGER, as Co-Trustees; it is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay an additional Seventeen 1110usand Eight Hundred and No/IOO Dollars ($17,800.00) to Respondents, HELMUT HITTlNGER and LYNDA HITTINGER, as Co-Trustees, inclusive of attorneys fees, expert fees and costs, and no other fees and costs shall be awarded; it is further ORDERED Ai\D ADJUDGED that Respondents will receive, as a reasonable attorney's fee and expert witness fees and defense costs in the sum of Ten Thousand and Noll 00 Dollars ($10,000.00), and no aHomey's fees or other costs shall be awarded in connection with the above- styled cause of action as it relates to ParceI184RDUE; it is further ORDERED AND ADJUDGED that Petitioner shall pay, within thirty (30) days hereof, the total swn of Twenty-Seven Thousand Eight Hundred and Noll 00 Dollars ($27,800.00), made payable to the Bella Y. Patel, P.A Trust Account, clo Bella Y. Patel, Esq., 13026 Waterford Run Drive, Riverview. 1'1. 33569. for proper disbursement in accordance with this order; it is further ORDERED A"iD ADJUDGED that fee simplc title to Parcel I84RDUE. a perpetual non- exclusive road right-ot~way, drainage and utilities casement, being fully described in Exhibit "A" attached hereto and incorporated hereinc which vested in Petitioner purslH.Lnt to the Order of Taking 2 Agenda Item No. 16K4 December 16, 2008 Page 6 of 8 dated January 9, 2008. and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 4295, Page 2102 of the Public Records of Collier County, Florida be dismissed as to Parcel 184RDUE; it is further ORDERED AND ADJUDGED 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 $ made payable to the Board of County Commissioners, c/o the Office of the County Attorney, 3301 Tamiami Trail, Naples. East, Florida 34112; it is further ORDERED AND ADJUDGED 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 of Parcel 184RDUE 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 day of ,20_ HONORABLE HUGH D. HAYES CIRCUIT COURT JUDGE conformed copies to: Robert N. Zachary. Esquire Bella Y Patel, Esquire Kevin Hendricks, Acquisition Mgr.rrransp. Accounting 3 l\genda item No. 16K4 December 16. 2008 Page 7 of 8 JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, HELMUT HITTINGER and LYNDA HITTINGER, as Co-Trustees of the Helmut Hittinger Revocable Trust dated April 29, 1991, hereby respectfully move for entry of the foregoing Stipulated Final Judgment as te> Parcell 84RDUE. 1\\ Z~.( ~~, P't~ \ BELLA Y. PATEL, ESQ. Florida Bar No. 896489 LAW OFFICE OF BELLA Y. PATEL, PA 13026 Waterford Run Drive Riverview, FL 33569 (813) 643-2762 - Telephone (813) 643-2612 - Facsimile ATTORNEY FOR RESPONDENTS, HELMUT HITTlNGER & LYNDA HITTINGER, as Co-Trustees Dated: CPo07.3898-CA;I33 Dated: ~ ROBERT N. ZACHARY Florida Bar No. 816604 ASSIST ANT COUNTY ATTORNEY Harmon Turner Building, 8th Floor 3301 East Tamiami Trail Naples, Florida 341 12 (239) 774-8400 - Telephone (239) 252-6300 - Facsimile A TIORNEY FOR PETITIONER 4 Agenda item No. 16K4 December 16. 2008 Page 8 of 8 PROJECT NO. 80044 PROJECT PARCEL NO. lB<lRDUE PERPETUAl, NON-EXCLUSIVE ROAD RIGHT-OF-WAY. DRAINAGE ANO UTlLlTI EASEMENT LEGAL DESCRIPTION & SKEITCH (NOT A SURVEY). EXlllBIT "A" THE EAST 70 FEET OF THE WEST 120 FEET OF TRACT 3, LESS THE SOUTH 30 FEEITTHEREOF,GOLDEN GATE ESTATES UNIT NO. 55-A. AS RECORDED IN PLAT BOOK 9, PAGE 46 OF mE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.321 ACRES, MORE OR LESS. TRACT 3 """"-.... i . , i i t ~ i , "- "-"-" -..-" -..-.'-" -..-..-; I"IlDP'OIED.uDTIONAl.IUlft".(lIl.WAV(J01'E!T) l I , _._.-.._.._.._..-.._.._.._.._.._.._.._.._.~ /~nlW1t1' ElOIiTItOtOOFOGfW<<~ --.... 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