Agenda 12/16/2008 Item #16K 3
Agenda Item No. 16K3
December 16, 2008
Page 1 of 8
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EXECUTIVE SUMMARY
Recommendation to approve a Stipnlated Final Jndgment in the amonnt of $26,000.00 for
Parcel 164RDUE in the lawsuit styled Collier County v. John Goddard, et ai., Case No. 07-
3111-CA (Oil Well Road Project 60044). (Fiscal Impact $12,870.00)
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for
payment of full compensation, for the taking of Parcel 164RDUE in the lawsuit styled Collier
County v. John Goddard, et. ai" Case No. 07-31] l-CA (Oil Well Road Project 60044).
CONSIDERATIONS: Collier County has condemned a .052 acre parcel for road right-of-way,
drainage and utilities easement (Parcel] 64RDUE) from homeowners Marta Gonza]ez and Reinaldo
Martinez. The County's initial appraisal dated May 24, 2007, valued the taking at $16,500.00. The
County offered the owner $20,900.00 as the County's statutory offer on July 2, 2007 based on the
initial appraisal of$]6,500.00 plus a settlement incentive of$4,400.00. An updated appraisal, dated
November 14, 2007, shows a declining market value of $13,300.00 for the taking. An Order of
Taking hearing was held on January 4, 2008, and the County deposited the sum of$]3,300.00 in the
Court Registry. The owners' original counter offer was $90,16 1 .89. plus attorney's fees and expert
fees and costs.
Staff recommends settlement in the amount of $26,000.00, inclusive of Respondents' attorney's
__ fees, expert fees and costs. This amount does not include the Clerk's fee of $170.00 for depositing
funds into the Court Registry. The settlement amount reflects the value of the land at $35,000 per
acre, incurable severance damages, as well as negotiated attorney's fees, expert fees and costs. See
attached Stipulated Fina] Judgment.
If approved, the County will be responsible for the following costs:
. Additiona] Deposit:
. Clerk's Fee:
. Expert Fees and Costs:
. Attorney's Fees:
TOTAL
$ 3,700.00
$ 170.00
$ 4,000.00
$ 5,000.00
$]2,870.00
FISCAL IMPACT: Funds in the amount of$12,870.00 will come from the Gas Taxes and Impact
Fees. Source of fWlds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, is not quasi-
judicial and as such, ex-paJ1e disclosure is not required. This item requires only a majority vote, RNZ
RECOMMENDA nON: That the Board of County Commissioners approve the Stipulated
Fina] Judgment as to Parcel 164RDUE and authorize payment of the funds as stated.
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PREPARED BY: Robert N. Zachary. Assistant County Attorney
CP:07.3111 :298
Page I of2
<Agenda Ilem No. 16K3
December 16, 2008
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16K3
Recommendation to approve a Stipulated Final Judgment In the amount of $26,000.00 for
Parcel 164RDUE in the lawsuit styled Collier County v. John Goddard, et ai" Case No. 07.
3111-CA (Oil Well Road Project 60044) (Fiscal Impact $12,870.00)
12/16/2008 90000 AM
Item Number:
Item Summary:
Prepared By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
11/26120082:42:56 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
TECM-ROW
Date
Transportation Services
12/1/200812:22 PM
Approved By
Norm E. Feder, Ale?
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
1212/200810:50 AM
Approved By
Usa Taylor
Transportation Services
Management/Budget Analyst
Date
Transportation Administration
12/2/200811:12 AM
Approved By
Robert N. Zachary
County Attorney
Assistant County Attorney
County Attorney Office
Date
1212/200812:22 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
12/2/20081:15 PM
Approved By
Brian Hancock
Operations Support Manager
Date
Transportation Division
Transportation Administration
12/3/20088:57 AM
Approved By
County Attorney
Assistant County Attorney
County Attorney Office
Date
Jeff Klatzkow
12/3/20083:11 PM
Approved By
OMS Coordinator
Applications Analyst
Information Technology
Date
Administrative Services
12f4f2008 8:13 AM
Approved B)'
John A. Y onkosky
County Manager's Office
Director of the Office of Management
Date
Office of Management & Budget
12/4/200812:23 PM
Approved By
James V. Mudd
Coullty Manager
Date
file://C:\AgendaTest\Export\ 118-Deeember%2016,%202008\ 16. %20CONSENT%20AGE...
12/1 0/2008
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Page 2 of 2
l.;qenda Item No. 16K3
" December 16. 2008
Page 3 of 8
Board of County
Commissioners
County Manager's Office
12/7/200810:12 PM
file://C:\AgendaTest\ExP0l1\ I 18-Dccembcr%20 I 6.%202008\ 16.%20CONSENT'Yo20AGE... 12/10/2008
Agenda Item No. 16K3
December 16, 2008
Page 4 of 8
IN 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. 07-3111-CA
v.
JOHN GODDARD, et aI.,
Parcel: 164RDUE
Respondents.
/
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLLlER COUNTY, FLORlDA, by and through its undersigned counsel, and Respondents,
MARTA GONZALEZ and REINALDO MARTINEZ, by and through their undersigned counsel,
for entry of a Stipulated Final Judgment as to Parcel 164RDUE, 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, MARTA GONZALEZ and
REINALDO MARTINEZ, and the Court being otherwise fully advised in the premises thereof, it is
thereupon
ORDERED AND ADJUDGED that Respondents, MARTA GONZALEZ and REINALDO
MARTINEZ, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of
Seventeen Thousand and No/IOO Dollars ($17,000.00) for Parcel l64RDUE, 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
. '----'.-'1
.L\genda Item No. 16K3
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
$13,300.00 it is further
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay
an additional Three Thousand Seven Hundred and Noll 00 Dollars ($3,700.00) to Respondents,
MARTA GONZALEZ and REINil,LDO MARTINEZ; it is further
ORDERED AND ADJUDGED that within thirty (30) days of receipt by Petitioner of the
Stipulated Final Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA,
shal] deposit an additional Three Thousand Seven Hundred and Noll 00 Dollars ($3,700.00) into
the registry of the Clerk of the Circuit Court for the benefit of Respondents, MARTA
GONZALEZ and REINALDO MARTINEZ; it is further
ORDERED AND ADJUDGED that disbursement of the funds on deposit shall be by
further order of this Court; it is further
ORDERED AND ADJUDGED that Respondents will receive, as a reasonable attorney's
fee and expert ,,"tness fees and defense costs in the sum of Nine Thousand and No/] 00 Dollars
($9,000.00), Exccpt as provided herein, no attorney's fees or other costs shall be awarded in
connection with the above-styled cause of action as it relates to Parcel I 64RDUE; it is further
ORDERED AND ADJUDGED that within thirty (30) days hereof, Petitioner shall pay the
total sum of Nine Thousand and Noll 00 Dollars ($9,000.00), payable to the Bella Y. Pate], P.A.
Trust Accow1t, c/o Bella Y. Patel, Esq., 13026 Waterford Run Drive, Riverview, FL, 33569, for
proper disbursement in accordance with this order; it is further
ORDERED AND ADJUDGED thai fee simple title 10 Parcel ] 64RDUE, a perpetual non-
exclusive road right-ot~way, drainage and utilities casemcnt, bcing fully described in Exhibit "A"
2
Agenda Item No. 16K3
December 16. 2008
Page 6 of 8
attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of
Taking dated January 4, 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 4280, Page 347 of the Public Records of Collier
Connty, Florida be dismissed as to Parcel I 64RDUE; it is further
ORDERED AND ADJUDGED that this Stipulated Final Judgment is to be recorded in the
Official Records of Collier Connty, Florida; it is further
ORDERED AND ADJUDGED that this Ordcr disposes of all claims arising out of the
taking of Parcel 164RDUE and that have or could have been asserted in this cause; it is further
ORDERED AND ADJUDGED that the compensation award is subject to the claims of the
mortgagee, HSBC Bank USA, N.A.; it is therefore
DONE AND ORDERED in Chambers at Naples, Collier Connty, Florida, this
day of
,20_
HONORABLE CYNTHIA A. ELLIS
CIRCUIT COURT JUDGE
conformed copies to:
Robert N. Zachary, Esquire
Bella Y. Patel, Esquire
Douglas C. Zal=, Esquire
Douglas M. Bales, Esquire
Kevin Hendricks, Acquisition Mgr./Transp.
Acconnting
3
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Agenda Item 1"0. 16K3
December 16. 2008
Page 7 of 8
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, MARTA
GONZALEZ and REINALDO MARTINEZ, hereby respectfully move for entry of the foregoing
Stipulated Final Judgment as to Parcel I 64RDUE.
Dated: 11~i)!( Dated:
BELL 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
A TIORNEY FOR RESPONDENTS,
MART A GONZALEZ and
REfNALDO MARTINEZ
CP:07.JI 1 1:296
t:V' ROBERT N. ZACHARY
Florida Bar No. 816604
ASSISTANT COUNTY A TIORNEY
Hannon Turner Building, 8th Floor
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 252-6300 - Facsimile
A TIORNEY FOR PETmONER
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
U.S. mail to the parties listed below on this the _ day of December, 2008.
Marta Gonzalez and Reinaldo Martinez
c/o Bella Y. Patel, Esquire
LAW OFFICE OF BELLA Y PATEL, P.A.
13026 Waterrord Run Drive
Riverview, Florida 33569
ROBERTN. ZACHARY
ASSISTANT COUNTY ATTORNEy
HSBC Bank GSA, N.A.
do Douglas C. lahm, Esquire and
Douglas M. Bales, Esquire
Douglas C. Zahm, PA
] 8830 US Highway] 9 North, Suite 300
Cka,-"'ater, Florida 33764
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Agenda Item No. 16K3
December 16, 2008
Page 8 of 8
PROJEC! NO, 60044
PROJEC PARCEL NO. 164RDUE
PERPET AL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTIU1Y EASEMENT
\
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LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
EXHIBIT I't
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T~E WEST 3D. FEET OF THE EAST 80. FEET OF THE NORTH 75 FEET
o THE SOUTH 10.5 FEET OF TRACT 123, GOLDEN GATE ESTATES
U IT NO. 69, AS RECORDED IN PLAT BOOK 7, PAGE 65 OF THE
P BLlC RECORDS OF COLLIER COUN1Y, FLORIDA.
CONTAINING 0..0.52 ACRES, MORE OR LESS.
_ _._ ..... _.. __'_"_n_.'_"_" _h _. ._.._ ..__, ____.._. ._.._.._ .._ n_.._h_.. ____ ."_u_. .__. _.' _..
~PRDPERTYLlNE
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j,/ WEG1'~OF EltlsTIlCitOO FOOTWIOEEVEftQLADESIlCl/lEVAADIOOHT..OfWlA'(
_._ \.._.._n_.._ _.._.._.._.._.___._.._.._.._.._.._.._.._.._."
P1UPClWlADOI11OHAlIUGHT"Q-WAY(30fEEf) :
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(5lIreET)
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,
, PERPE11JAL. NClN-EXCl.lJSl\IC
~OAD RIQHT-oF-"",Y. DIlAlN.\GE
! AND UTlU7Y EASEJlENT
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i SctlTHPMFeITYlJNE
NOR1rl~t'U:
. THE NORTH 75 FEET OF THE
SOUTH 105 FEET TRACT 123
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NOT TO SCALE