Loading...
Agenda 04/22-23/2008 Item #16K 2 Agenda Item No. 16K2 April 22, 2008 Page 1 of6 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: $4,000.00). OBJECTIVE: That the Board of County Commissioners approve the proposed Joint Motion for the entry of an Agreed Order awarding appraisal fees and costs in the amount of $4,000.00 resulting from the condemnation of Parcel 143 in Collier County v, Charles R. Wilson, et al., 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 incurred in the defense of the eminent domain proceeding. As pali of the costs incurred in their defense, counsel for the property owner has submitted an invoice from W. Michael Maxwell, MAl, SRA for appraisal services in the amount of$4,812.50. As a result of negotiation, the parties have agreed to $4,000.00. If approved, the County will pay the following costs: . Appraisal Fees and Costs TOTAL: $4.000.00 $4,000,00 Attached is the proposed Joint Motion for Agreed Order, FISCAL IMPACT: Funds in the an10unt of $4,000.00 are available in the FY 2008 adopted budget. Source of funds are Gas Taxes and or Impact Fees. GROWTH MANAGEMENT IMPACT: None, RECOMMENDA TION: That the Board of County Commissioners: I, Approve the Joint Motion for Agreed Order for appraisal fees; and 2. Approve the expenditure of funds as stated, PREPARED BY: Attorney Ellen T, Chadwell, Assistant County Attorney, Office of the County - Page] of 2 Agenda item No, 16K2 ,"pcil 22, 2008 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K2 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, lmmokalee Road Project #60018. (Fiscal Impact $4,000 00), 4/22/2008 90000 AM Meeting Date: Prepared By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 4/1/20089:41 :08 AM Approved By Lisa Taylor ManagemenUBudget Analyst Date Transportation Services Transportation Administration 4/2/20089:39 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM-ROW 4/3/20082:52 PM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 4/7/200811 :44 AM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & Construction Management 4/8/2008 1 :41 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Trar.sportation Services Admin. 4/8/2008 1 :54 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 418/20084:10 PM Approved By Jeff Ktatzkow Assistant County Attorney Date County Attorney County Attorney Office 4f9!2008 3 :25 PM Approved By OM8 Coordinator OMS Coordrnatoi Date County Manager's Office Office of Management & Budget 4/9/20084:25 PM file://r:\Ap'enrl"Te,t\Fxnmt\ 1 O~-Anril%?()?? %?,O?OOR\ 1 i1 %?O(,ONSFNT%?OAGFNnA \ 1 4/1 i1/?OOR Page 2 of 2 i\genda item No. H3K2 ",pri! 22. 2008 ?age3of6 Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Offi:::e Office of Mar.agement & 8udget 4!11!2008 7:57 AM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 4/13/2008 6:59 PM lile://(,:\Apeno"T",t\Fxnort\ 1 O~-Anril%7077 o;,,70700R\ 1 Ii %70rONSFNT%70A(;FNnA\ 1 4/1 1i!700R A.genda Item l\lo. 16K2 ,lIpril 22, 2008 Page 4 of 6 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 aI" 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 ESTHER E, SWIGERT, by and through their undersigned counscl, for entry of an Agreed Order Awarding Costs, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that: I, Respondents, JAMES L. SWIGERT and ESTHER E, SWIGERT, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Four Thousand and No/too Dollars ($4,000.00) with respect to Parcel 143 for appraisal fees for Maxwell & Hendry Valuation Services, 2, Petitioner, COLLIER COUNTY, shall pay this sum 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, :\2e~:ja Itsm r'~o. 16K2 "pcl! 22, 2008 ?age 5 of 6 DONE AND ORDERED in Naples, Collier County, Florida, this ,2008, Conformed copies to: Ellen T, Chadwell, Esquire Kenneth A, Jones, Esquire J. Michael Coleman, Esquire E. Glenn Tucker, Esquire Kevin Hendricks, Transportation Dept. Accounting day of Circuit Court Judge JOINT MOTION The Parties, by and through their undersigned attorneys, hereby move for entry of the foregoing Agreed Order Awarding Expert Fees, Dated: Kenneth A. Jones, Esquire Florida Bar No,: 0200158 Roetzel & Andress 2320 First Street, Suite 1000 Fort Myers, FL 33901 (239) 337-3850- Phone (239) 337-0970- Facsimile ATTORNEY FOR RESPONDENT: JAMES L SW1GERT and ESTHER E, SW1GERT Dated: Ellen T, Chadwe tlt. Assistant Count tt. ey Florida Bar No,: 983860 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (239) 252-8400 - Phone (239) 252-6300 - Facsimile ATTORNEY FOR PETIT10NER Agenda Item No. 16K2 April 22, 2008 Page 6 of 6 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by US, Mail to the parties listed below on this _ day of ,2008. ELLEN T. CHADWELL, ESQ. James L Swigert Esther E, Swigert c/o Kenneth A. Jones, Esq, 2320 First Street Suite 1000 Ft Myers, FL 33901-3419 First National Bank of Florida c/o J, Michael Coleman, Esq, CONROY, COLEMAN & HAZZARD, PA 2460 Golden Gate Parkway. Ste, ] 15 Naples, FL 34105 02,0235/#] 76