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Agenda 05/25/2021 Item #16K 7 (Eminent Domain Legal Expenses Project #60168)05/25/2021 EXECUTIVE SUMMARY Recommendation to approve and authorize payment of statutory attorney’s fees and costs pursuant to Section 73.092, Fla. Stat. incurred by the property owner in defending Collier County’s Eminent Domain action in the total amount of $8,467.25 for the proposed taking of Parcel 280RDUE for the Vanderbilt Beach Road Extension, Project No. 60168. _____________________________________________________________________________________ OBJECTIVE: To authorize statutory attorney’s fees incurred by property owner in Eminent Domain litigation. CONSIDERATIONS: On September 22, 2020, the Board authorized, via Resolution No. 2020-175, the condemnation of Parcel 280RDUE for the construction of roadway, drainage and utility improvements required for the expansion and extension of Vanderbilt Beach Road from Collier Blvd. to east of 16th Street NE, and Massey Street from Vanderbilt Beach Road to south of Mockingbird Dr., in order to protect the health, safety and welfare of the citizens of Collier County. The proposed acquisition area for Parcel 280RDUE included an easement abutting the westerly existing right of way along Wilson Blvd. consisting of 6,753 sq. feet (0.155acres). The improvements included a grassed covered mound and grassed yard. During the course of litigation, the property owner advised the County that the proposed acquisition area contained a septic tank, drainfield, and small lift station that would be impacted with the condemnation and would need to be relocated. The parties discus sed relocation of the utilities and given the difficulty of relocating the utilities, the County decided to remove Parcel 280RDUE from the current design plans for Vanderbilt Beach Road Extension, which provided for the relocation of public utilities in this location in anticipation of the future widening of Wilson Blvd. The County filed a Notice of Voluntary Dismissal without Prejudice as to Parcel 280RDUE with the Court. Parcel 280RDUE will be needed at the time that the County makes improvements to Wilson Blvd., and the County will seek condemnation at that time. However, prior to the condemnation action, the County will work with the property owner to properly address and relocate the utilities as needed. An aerial photograph of the subject property is attached to this item for reference. The County’s appraisal estimated full compensation at $30,100 including damages and installation of a new septic tank system. The property owner received estimates to replace the septic tank system at over $100,000. The attorney’s fees and costs will be paid directly to the property owner’s attorney, Doug Rankin, and will not need to be deposited into the Court Registry. The Transportation Engineering Division recommends approval of payment of the Respondent’s attorney’s fees and costs in compliance with Section 73.092, Fla. Stat. FISCAL IMPACT: Funds in the amount of $8,467.25 are available in the Vanderbilt Beach Road Expansion Project Capital Fund, Project 60168. The primary funding source for the acquisition is impact fees. Should impact fees not be sufficient within the project, the secondary funding source will be gas taxes. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: Section 73.092, Fla. Stat. requires attorney’s fees and costs to be paid by the Petitioner Collier County. This item is approved as to form and legality and requires a majority vote for Board approval. - CMG RECOMMENDATION: To approve and authorize payment of statutory attorney’s fees and costs incurred by the property owner in defending Collier County’s Eminent Domain action in the total amount 16.K.7 Packet Pg. 1952 05/25/2021 of $8,467.25 for the proposed taking of Parcel 280RDUE. PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering Division, Growth Management Department ATTACHMENT(S) 1. Aerial (PDF) 16.K.7 Packet Pg. 1953 05/25/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.7 Doc ID: 15925 Item Summary: Recommendation to approve and authorize payment of statutory attorney’s fees and costs pursuant to Section 73.092, Fla. Stat. incurred by the property owner in defending Collier County’s Eminent Domain action in the total amount of $8,467.25 for the proposed taking of Parcel 280RDUE for the Vanderbilt Beach Road Extension, Project No. 60168. Meeting Date: 05/25/2021 Prepared by: Title: Legal Assistant – County Attorney's Office Name: Jessica Hayes 05/17/2021 9:41 AM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 05/17/2021 9:41 AM Approved By: Review: Transportation Engineering Robert Bosch Additional Reviewer Completed 05/17/2021 11:20 AM Transportation Engineering Anthony Khawaja Additional Reviewer Completed 05/17/2021 12:35 PM Growth Management Department Lisa Taylor Additional Reviewer Completed 05/17/2021 4:03 PM Growth Management Department Trinity Scott Additional Reviewer Completed 05/17/2021 5:01 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/18/2021 8:36 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/18/2021 8:52 AM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 05/18/2021 9:41 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 05/18/2021 12:44 PM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 05/18/2021 1:17 PM Board of County Commissioners Geoffrey Willig Meeting Pending 05/25/2021 9:00 AM 16.K.7 Packet Pg. 1954 Vanderbilt Beach Road Extension Project 60168 Parcel 280RDUE   EXISTING RIGHT-OF-WAY PER PLAT EXISTING RIGHT-OF-WAY PER PLAT / PARCEL 280RDUE 16.K.7.aPacket Pg. 1955Attachment: Aerial (15925 : Payment of Attorney's Fees Vanderbilt Beach Road Extension)