Loading...
Agenda 05/27/2008 Item #16K 1 Agenda Item No, 16K1 May 27, 2008 Page 1 of 5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners Approve the Proposed Joint Motion for an Agreed Order Awarding Costs Relating to Parcel 143 in the Collier County v. Charles R. Wilson, et aL, Case No. 02-5164-CA, Immokalee Road Project #60018. (Fiscal Impact: $7,000.00). OBJECTIVE: That the Board of County Commissioners approve the proposed Joint Motion for the entry of an Agreed Order Awarding Costs for planning, engineering and surveying services on behalf of the owner of Parcel 143 (Swigert) in the amount of$7,000.00 in Collier County v, Charles R, Wilson, et af., Case No. 02-5 I 64.CA CONSIDERATIONS: On March II, 2008, the Board of County Commissioners approved a recommendation to accept an Offer of Judgment. Pursuant to Section 73.091, Fla. Stat., the property owner is entitled to all reasonable and necessary costs incwTed in the defense of the eminent domain proceeding. As part of the costs incurred in their defense, counsel for the property owner has submitted an invoice from Morris-Depew Associates for planning, engineering and surveying services in the amount of$8,191.53. As a result of negotiation, the parties have agreed to $7,000,00, If approved, the County will pay the following costs: .- . Appraisal Fees and Costs TOTAL: $7,000.00 $7,000.00 Attached is the proposed Joint Motion for Agreed Order. FISCAL IMPACT: Funds in the amount of $7,000.00 are available in the FY 2008 adopted budget. Source of funds are Gas Taxes and or Impact Fees, GROWTH MANAGEMENT IMPACT: None, RECOMMENDATION: That the Board of County Commissioners approve the Joint Motion for Agreed Order Awarding Costs for expert fees and costs, and authorize the expenditure of funds stated therein. PREPARED BY: Attorney Ellen T. Chadwell, Assistant County Attorney. Office of the County ~ Page I of 2 Agenda Item No, 16K 1 May 27,2008 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K1 Item Summary: Recommendation that the Board of County Commissioners approve the Proposed Joint Motion for an Agreed Order Awarding Costs Relating to Parcel 143 in the Collier County v Charles R. Wilson, et aI., Case No. 02-5164-CA, Immokalee Road Project #60018. (Fiscal Impact. $7,000,00) 5/27/2008 9:0000 AM Meeting Date: Prepared By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 41251200B 3:24:49 PM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 41251200B 5:00 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 412B1200B10;23 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 412B1200B11,37 AM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & Construction Management 4/291200B 10:06 AM A pproved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 41291200811 :19 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TEeM-ROW 51131200B 2:56 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 51141200B 8:50 PM Approved By I~, OMS Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 51151200B 3;06 PM file:l/C:\AgendaTest\Export\ I 08-May%2027,%202008\ 16, %20CONSENT%20AGENDA \] '" 5/21/2008 Page 2 of2 Agenda Item No, 16K 1 May 27, 2008 Page 3 of 5 Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 5116120083:03 PM Approved By Leo E. Oehs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 51171200812:03 PM file://C:IAgendaTestIExportll 08-May%2027,%2020081 16. %20CONSENT%20AGENDA 11... 5/21/2008 Agenda Item No, 16K 1 May 27, 2008 Page 4 of 5 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. Case No, 02-5164-CA CHARLES R. WILSON, et a!.. Parcel No,: 143 Respondents. / AGREED ORDER AWARDING COSTS THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner, COLLIER COUNTY, FLORIDA, and Respondents, JAMES L. SWIGERT and ESTIffiR E. SWIGERT, by and through their undersigned counsel, for entry of an Agreed Order Awarding Costs, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that: 1. Respondents, JAMES L. SWIGERT and ESTHER E. SWIGERT, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total swn of Seven Thousand and No/lOO Dollars ($7,000.00) with respect to Parcel 143 for expert fees for the engineering, planning and surveying services of Morris-DePew Associates. 2. Petitioner, COLLIER COUNTY, shall pay this swn within thirty (30) days from the date of this Order to Roetzel & Andress TRUST ACCOUNT, c/o Kenneth A. Jones, Esquire, 2320 First Street, Suite 1000, Ft. Myers, FL 33901. 3. This Order disposes of all issues in this cause. ~ Agenda Item No, 16K 1 May 27,2008 Page 5 of 5 DONE AND ORDERED in Naples, Collier County, Florida, this day of ,2008. Conformed copies to: Ellen T, Chadwell, Esquire Kenneth A. Jones, Esquire J. Michael Coleman, Esquire Kevin Hendricks, Transportation Dept. Accounting Circuit Court Judge JOINT MOTION The Parties, by and through their undersigned attorneys, hereby move for entry of the foregoing Agreed Order A warding Costs, Dated: Kenneth A. Jones, Esquire Florida Bar No,: 0200158 Roetzel & Andress 2320 First Street, Suite 1000 Fort Myers, FL 3390 I (239) 337-3850- Phone (239) 337-0970- Facsimile ATTORNEY FOR RESPONDENT: JAMES L. SWIGERT and ESTHER E. SWIGERT Dated: Ellen T. Chadwel~ Assistant County A orney Florida Bar No.: 983860 330 I East Tarniarni Trail, 8th Floor Naples, Florida 34 112 (239) 252-8400 - Phone (239) 252-6300 - Facsimile ATTORNEY FOR PETITIONER