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Agenda 10/27/2009 Item #16K 3Agenda Item No. 16K3 October 27, 2009 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment in the amount of $9,545 for Parcel 172 in the lawsuit styled Collier County v Beverly J. Gatti, et al., Case No. 03- 2551 -CA (Golden Gate Parkway Project 60027). (Fiscal Impact $6,781.25) OBJECTIVE: That the Board of County Commissioners approves the attached Stipulated Final Judgment for payment of full compensation, for the taking of Parcel 172 in the lawsuit styled Collier County v. Beverly J. Gatti, et. al., Case No. 03- 2551 -CA (Golden Gate Parkway Project 60027). CONSIDERATIONS: Collier County has condemned a .080 acre parcel for a road right -of -way, drainage and utility easement (Parcel 172) from property owners Daniel J. Hope and Desiree E. Hope. The County's appraisal dated January 13, 2003, valued the taking at $7,100. The County offered the owner $7,920 as the County's statutory offer on March 7, 2003. The offer was not accepted. A second appraisal reflected the value of the take at $8,300. An Order of Taking hearing was held on September 19, 2003, and the County deposited the sum of $8,300 in the Court Registry. Property Owners' appraisers valued the take at $11,300 Staff recommends settlement in the amount of $9,545, plus attorney's fees, expert fees and costs. If approved, the County will be responsible for the following costs: Additional amount owed: $1,245.00 *Attorneys fees: $ 536.25 Expert fees and costs: $5,000.00 TOTAL $6,781.25 * Attorney's Fees are mandated by §73.092, F.S., and are based on 33% of the total benefit achieved, i.e., 0.33 x ($9,545 - $7,920). FISCAL IMPACT: Funds in the amount of $6,781.25 are available from Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNz RECOMMENDATION: That the Board of County Commissioners approve the Stipulated Final Judgment as to Parcel 172 and authorize payment of the funds as stated. PREPARED BY: Robert N. Zachary, Assistant County Attorney ,,. CP:03 -2551 CA;933 i Page 1 of 2 Agenda Item No. 16K3 October 27, 2009 Page 2 of 8 file: / /C: \AgendaTest \Export\137- October 27,2009\16. CONSENT AGENDA \16K. COUN... 10/21/2009 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K3 Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of $9,545 for Parcel 172 in the lawsuit styled Collier County v. Beverly J. Gatti, et al., Case No. 03- 2551 -CA (Golden Gate Parkway Project 60027). (Fiscal Impact $6,781.25) Meeting Date: 10127/2009 9:00:00 AM Prepared By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 1011212009 10:57:13 AM Approved By Najeh Ahmad Director Date Transportation Engineering & Transportation Services Construction Management 10112/2009 3:42 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 10/12/2009 3:57 PM Approved By Lisa Taylor Management /Budget Analyst Date Transportation Services Transportation Administration 10113/2009 8:53 AM Approved By Norm E. Feder, AiCP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 10113/2009 9:47 AM Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 10113/2009 11:27 AM Approved By Therese Stanley Grants Coordinator Date Transportation Transportation Administration 10/1412009 9:16 AM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 10/14/2009 10:10 AM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 10114/2009 2:01 PM file: / /C: \AgendaTest \Export\137- October 27,2009\16. CONSENT AGENDA \16K. COUN... 10/21/2009 Page 2 of 2 Agenda Item No. 16K3 October 27, 2009 Page 3 of 8 Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 1011412009 3:11 PM Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 10/14/2009 3:20 PM file://C: \AgendaTest \Export\137- October 27, 2009 \16. CONSENT AGENDA \16K. COUN... 10/21/2009 Agenda Item No. 16K3 October 27, 2009 Page 4 of 8 W 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. BEVERLY J. GATTI, et al., Respondents. Case No. 03- 2551 -CA Parcel No.: 172 STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents, DANIEL J. HOPE and DESIREE E. HOPE, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 172 for Project No. 60027, 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, DANIEL J. HOPE and DESIREE E. HOPE, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, DANIEL J. HOPE and DESIREE E. HOPE, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Nine Thousand Five Hundred Forty -Five and No/100 Dollars ($9,545.00) for Parcel 172, as full payment for the properly 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 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 $8,300.00; it is further Agenda Item No. 16K3 October 27, 2009 Page 5 of 8 ORDERED AND ADRJGED that without further order of the Court, that within thirty (30) days hereof, the Petitioner, COLLfER COUNTY, FLORIDA, shall pay to Respondents, DANIEL, J. HOPE and DESIREE E. HOPE, the total balance of One Thousand Two Hundred Forty-Five and No /100 ($1,245.00), to Forman, Ianratty & Montgomery Trust Account, c/o Vanessa Thomas, Esquire, 723 East Fort King Street, Ocala, Florida 34475, for the benefit of Respondents, DANIEL, J. HOPE and DESIREE E. HOPE; it is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay an additional Five Thousand Five Hundred Thirty-Six and 25/100 Dollars ($5,536.25) for attorney's fees, expert fees and costs, and no other attorney's fees or costs shall be awarded in this case; it is further ORDERED AND ADJUDGED that within thirty (30) days hereof, Petitioner shall pay the total sum of Five Thousand five Hundred Thirty-Six and 25/100 Dollars ($5,536.25), payable to Forman, Hanratty & Montgomery 'Trust Account, c/o Vanessa Thomas, Esquire, 723 East Fort King Street, Ocala, Florida 34475, for proper disbursement in accordance with this order; it is further ORDERED AND ADJUDGED that title to Parcel 172, which is a non - exclusive road right of way drainage and utility casement, being Tully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated September 19, 2003, and the deposit of money heretoibre made, is approved, ratified, and confirmed; it is further ORDERED AND ADJUDGED that the Notice of Lis Pendens fled in the above - styled cause and recorded in Official Record Book 3322, Page 0267 of the Public Records of Collier County, Florida be dismissed as to Parcel 172; it is further 1) U Agenda Item No. 16K3 October 27, 2009 Page 6 of 8 ORDERED AND ADJUDGED that pursuant to Section 74.051(4), F.S., the Clerk of Courts shall disburse the interest earned on the funds on deposit in the amount of $9.54, plus any additional accrued interest for parcel 172, to the Board of County Commissioners, account number: 333 - 163053- 600274; it is further ORDERED ANl) 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 172 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_ Conformed copies to: Robert N. Zachary, (-:squire Vanessa Thomas, Esquire Jennifer Dixon- Abbott, E squire Kevin Hendricks, Acquisition MgrJTransp. Accounting 3 HONORABLE, CYNTHIA A. PTVACFK CIRCUIT COURT JUDGE Agenda Item No. 16K3 October 27, 2009 Page 7 of 8 JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, DANIEL J. HOPE and DESIREE E. HOPE, hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcel 172. Dated: _ J O- 5- 0 9 Dated: liff VANESSA THOMAS, ESQUIRE Florida Bar No. 702412 FORMAN HANRATTY & MONTGOMERY 723 East Fort King Street Ocala, Florida 34471 (352) 732 -3915 - Telephone (352) 351 -1690 - Facsimile ATTORNEY FOR RESPONDENTS 03- 2551CA/931 4 ROBERT N. ZACHARY Florida Bar No. 816604 ASSISTANT COUNTY ATTORNEY Harmon Turner Building, 8h Floor 3301 East Tamiami Trail Naples, Florida 34112 (239) 252 -8400 - Telephone (239) 252 -6300 - Facsimile ATTORNEY FOR PETITIONER Lz v 0 u .11ME0NO /7-Z PERPETUAL. N cLU51 EXHIBIT da Item No. 16K3 ROM RIGHT -OF -WAY, DRAIMOE October 27, 2009 AND UTILITY EASEMENT Page 8 of 8 aXII HIT � A 1 TRACT 47 _ TRACT 03_ 0 A PORPON OF TRACT 48 (.3 GOLDEN DATE ESTATES I UNIT 3C y I'1AT ODUA 7 FACE 54 1EILLIAPS iC4 Nli7[le OR 1734/44t �1 OR. 1444/24/3 use OR Ppp�IN1 OF � - CO3IMENL[MENI CORNEA , IV "CCg1 IA1p/CR1 YCN II/ ._..— �— ....— �� raan 4F� rDro;,a7atD 1 -- LOT 1 BASS P01NT PLAT VULM to PAOE S7 PERPETUAL N0N— EXCLUSIVE �. ROAD RiGI(T—OF— AY. DRAINAGE AND UTILITY 'ASEMEItT PARCEL 172 3.44! q. 11. 114 o4AeM17 Ifistme11 Ir 040' (PLAT) nicl!'imsAOUK "u7C oO4ila I'Mr.. rl PLAT Nall 7. PACE 44 IVY /Vl/ IRa -o3E4 A4011=1% 104111-or -WAY Lp11 y G TRACT 84 GOLDEN GATE ESTATES UNIT 30 PUT SIRIR 7 PAOE As • ;�^ PROPOSED RIOIR OF MAY L r D L,�yo, n QB3#;.i['Z 4014 �M — Z 1,0 L4- sat • - sea' LEGAL DESCRIPTION FOR PARCEL 171 A PORTION OF LOT 1, BASS POINT AS RECORDED IN PLAT BOOK 18. PAGE 57 OF 111£ PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA SiTUAIE IN SECTION 29. TOWNSHIP 49 SOUTII, RANGE 28 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICOLARLY DESCRIBED AS FOLLOWS. COMMENCE AT T -IE ' NORTIIEAST CORNER OF 5AID LOT 1; T! IENCE S- OTY2Q'S6 "E., ALONG 111E EAST LINE OF SAID LOT 1, A DISTANCE OF 48.25 FEET; TIIENCE LEAVING THE SAID EAST LINE, 5.a9'JVI34 "W., A DISTANCE OF 30.00 FEET, TO A POINT ON PiE WEST UNE OF A ROADWAY BASEMENT (60' WIDE) AS RECORDED IN PLAT BOOK 7, PAGE 5R OF THE PUBLIC RECORDS OF COLDER COUNTY, FLORIDA AND BEING THE POINT OF BEGINNING; TIIENCE S.DT28'56 'E., ALONG THE SAID WEST LINE; A DISTANCE OF 149.29 FEET, TO A POINT ON THE NOR111 LINE OF A (150' WIDE) DRAINAGE EASEMENT AS PER SAID PLAT BOOK 7, PAGE 58; 1 THENCE 5.59'24'16nV., ALONG THE SAID 1,1011711 LINE, A DISTANCE OF 25.00 FEET; THENCE LEAVING THE SAID NORTH LINE, N.00'25'55 "W., A DISTANCE OF 129.34 FEET; THENCE W50'5119 "E.. A DISTANCE OF 32.02 FEET, TO TIIE PO {NF OF BEGINNING. CONTAINING 3,403 SQUARE FEET, MORE OR LESS. NAp144 1,e[ 41,0[4 m, ew.,n Ar — 11 .0.4 INAa1 INe -,... Auw7r41I IFTA14 rlM1[ CCO.o.Mle tT31L11 lokw) toe / ^M IASI 1.rt. 0 10 u 4 4., SKETCH k DESCRIPTION ONLY ree a 4 [ Caw: ] Rcr[tirq1a�A7C $ AyIYpR s NAIPEA NOT A BDUNDASiY SURVtY aDAla. l Feu �° 69Y314A RIE FOR! COLDER COUNTY GOYERNI,tENT BOARD OF COUNTY COMMISSIONERS 1107 vAUO 100"YT T4 0464ML "N71ME L "Mato [me no 3441 or A T1AAgA A44O1t4C0 /RO /[RIOIMI 3L4.E,44 Arta M.►P[4. GOLDEN GAT$ PARKWAY 11,iPROVRMLTNTS BUTCH k ASSCRIP11ON OFT PZIIPE1'11h1., NDN— EXCLUSIVE ROAD N4 ]t. il+ir RIG11T— OF —WhY, 1311A1NAGE AND UTILITY EASSUCN'l` i PAIICEL 172 1m37.s1 Fiis41 n an/llui31474>7a COLLIER COUNTY. FLOUIDA. Pa.nuuoa7M 11aa1[u4[1.72111 Le 111N 1 .108 NUMBER REVI51011 I SECTIGII I TOWN5I110 I]ANOE I SCALE HATE DRAWN BY FILE NMJE c11. 01- 0015.11 2 1D 49 24 L "r'00' ID -02 -112 RLC tl ^• "" one.. .,... .._.... ,.,.,. ......... .,.__. „ -.._,, unni _nn, 411.,..1 ..........