Agenda 12/02/2008 Item #16K 1
Agenda Item No, 16K1
December 2, 2008
Page 1 of 8
EXECUTIVESU~RY
.~
Recommendation to approve a Stipulated Final Judgment in the amount of $57,000.00 for
Parcel 145RDUE in the lawsuit styled CoHier County v. John Goddard, et aL, Case No. 07-
3111-CA (On Well Road Project 60044). (Fiscal Impact $41,470.00)
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for
payment of full compensation, for the taking of Parcel 145RDUE in the lawsuit styled Collier
Countyv. John Goddard. et, af.. Case No. 07-3111-CA (Oil Well Road Project 60044).
CONSIDERATIONS: Collier County has condemned a .454 acre parcel for road right-of-way,
drainage and utilities easement (previously identified as Parcels 145RDUE and 146RDUE, and
currently known jointly as Parcel 145RDUE) from property owner, John Goddard. The County's
initial appraisal dated February 8, 2007, valued the taking at $33,800.00. The County offered the
owner $44,960.00 as the County's statutory offer on July 2, 2007 based on the initial appraisal of
$33,800.00 plus a settlement incentive of $11,160.00. An updated appraisal, dated November 2,
2007, shows a declining market value of $15,700.00 for the taking. An Order of Taking hearing
was held on January 4, 2008, and the County deposited the sum of $15,700.00 iii the Court
Registry. The owners' appraisal reflects the amount of$1 08,800.00 for the value of the land taken.
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Staff recommends settlement in the amount of $57,000.00, inclusive ofatlorney's fees, expert fees
and costs. The settlement amount reflects the value of the land at thc intersection of Oil Well Road
and Everglades Boulevard with a potential as higher density residential or community scale retail
development. See attached Stipulated Final Judgment.
If approved, the County will be responsible for the following costs:
Additional settlement amount, including
Attorney's fees, expert fees and costs:
Clerk's Fees
TOTAL:
$41,300.00
$ 170.00
$41,470.00
FISCAL IMPACT: Funds in the amount of $41 ,470.00 will come from the Gas Taxes and Impact
Fees. Source of funds 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-parte disclosure is not required. This item requires only a m'liority vote. RNZ
RECOMMENDATION: That the Board of County Commissioners approve the Stipulated
Final Judgment as to Parcel 145RDUE alld authorize payment of the funds as stated.
PREPARED BY: Robert N. Zachary, Assistant County Attorney
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CP:07-311l;2n
Page 1 of2
Agenda Item No. 16K1
December 2, 2008
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K1
Meeting Date:
Recommendation to approve a Stipulated Final Judgment in the amount of $57,000.00 for
Parcel 145RDUE in the lawsuit styled Collier County v. John Goddard, ef aI., Case No. 07-
3111-CA (Oil Well Road Project 60044) (Fiscal Impact $41,470.00)
1212/20089:00:00 AM
Prepared By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
11/13/20089:12:36 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM-ROW
11/13/20081:42 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
11/13120081:49 PM
Approved By
Lisa T ay lor
ManagemenUBudget Analyst
Date
Transportation Services
Transportation Administration
11/13/20082:24 PM
Approved By
Brian Hancock
Operations Support Manager
Date
Transportation Division
Transportation Administration
11/13/20082:50 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
11/14/20089:50 AM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
11/14/20082:13 PM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
11/19/20089:13AM
Approved By
OMS Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
11/19/20089:48 AM
file:IIC:IAQendaTestIExnortl 117-Decemher%202.%20200RI 1 h.%20CONSFNT%?OAGFN..
110'iOOOR
Page 2 of 2
Agenda Item No, 16K1
December 2, 2008
Page 3 of 8
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
11/19/2008 12:45 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
11/19/20086:25 PM
file:IIC:IAC'endaTestIExDortl 117-[)ecemher%2020/o20200R\ 1 h.%20CONSFNT%20AGFN. 11 n5nOOR
Agenda Item No. 16K1
December 2, 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: 145RDUE
Respondents.
1
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 Respondent,
JOHN GODDARD, by and through their undersigned counsel, for entry of a Stipulated Final
Judgment as to Parcel J 45RDUE, 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 Respondent, JOHN GODDARD, and the Court being otherwise fully
advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondent, JOHN GODDARD, have and recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Fifty-Seven Thousand and
Noll 00 Dollars ($38,000,00) for Parcel l45RDUE, 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
$15,700.00 it is further
Agenda Item No. 16K 1
December 2. 2008
Page 5 of 8
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA. shall pay
an additional Twenty-Two Thousand Three Hundred and NolIOO Dollars ($22,300,00) to
Respondent, JOHN GODDARD, said sum to include all attorney's fees, expert fees and costs; 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,
shall deposit an additional Twenty-Two Thousand Three Hundred and NolIOO Dollars
($22,300,00) into the registry of the Clerk of the Circuit Court for the benefit of Respondent,
JOHN GODDARD; 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, pursuant to S73,092(1), Fla.
Sial., as a reasonable attorney's fee and expert witness fees and defense costs in the sum of
Nineteen Thousand and NolIOO Dollars ($19,000,00), Except as provided herein, no attorney's
fees or other costs shall be awarded in connection with the above-styled cause of action as it relatcs
to Parcel 145RDUE; it is further
ORDERED AND ADJUDGED that within thirty (30) days hereof, Petitioner shall pay the
total sum of Nineteen Thousand and NoI100 Dollars ($19,000,00), payable to the Bella Y. Patel,
P.A. Trust Account, c/o Bella Y. Patel, Esq., 13026 Waterford Run Drive, Riverview, FL, 33569,
for proper disbursement in accordance with this order; it is furthcr
ORDERED AND ADJUDGED t'1at fcc simple title to Parccl 145RDUE, a pcrpetual non-
exclusive road right-of-way, drainage and utilities easement, being fully described in Exhibit "A"
attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of
2
Agenda Item No, 16K1
December 2, 2008
Page 6 of 8
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
County, Florida be dismissed as to Parcel 145RDUE; it is further
ORDERED AND 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 145RDUE 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, Fifth Third Bank; it is therefore
DONE A.ND ORDERED in Chambers at Naples, Collier County, Florida, this
day of
,20_.
HONORABLE CYNTHIA A. ELLIS
CIRCUIT COURT JUDGE
conformed copies to:
Robert N, Zachary, Esquire
Bella Y. Patel, Esquire
Daniel C, Consuegra, Esquire
E. Glenn Tucker, Esquire
Kevin Hendricks, Acquisition Mgr,/Transp,
Accounting
3
Agenda Item No. 16K1
December 2, 2008
Page 7 of 8
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, .I0HN
GODDARD, hereby respectfully move lor entry of the foregoing Stipulated Final Judgment as to
Parcel J45RDUE,
1\ \ iu \ 0;,
I
Dated:
I#J
hJ "aG.!
, -
BELLA\Y, PATEL ESQ.
Florida Bar No R96489
LA W OFf1CE OF BELLA Y, PATEL. P.A
13026 Waterford Run Drive
Riyerview, 1'1. 33569
(8]3) 643-2762 - Telephone
(813) 643-2612 - facsimile
ATTORNEY FOR RESPONDENT.
JOHN GODDARD
CP:07-;) I II :27(,
Datcd:
~ROBERTN, ZACHARY
Florida Bar No. 816604
ASSISTANT COlNTY ATTORNEY
Harmon Turner Building, 8'" floor
330 I East Tamiami Trail
Naples, Florida 341 ] 2
(239) 774-8400 - Telephone
(239) 252-6300 - Facsimile
AnORNEY FOR PETITlONER
CERTIFICATE OF SER\1CE
J HEREB Y CERTIFY that a true and correct eopy of the foregoing has been furnished by
liS mail 10 the parties listed helow on titis the _ day of November, 2008.
John ()oodard
c/o Bella y, Patel, Esquire
LA W OFHCE OF BEl.LA Y. PATEL I'A
13026 Watcrford Run Drive
Riverview. Fl, 33569
Fi Ilh Third Mortgage Company
c/o Daniel C. (oJlsuegl'a, Esq.
Lrw Offices oC Daniel C. Consuegm
9204 King Palm Drive
Tampa Florida 33619-1328
ROBERTN. ZACHARY
ASS]STANT COUNTY ATl'OR.>.JEY
Collier Counly TLLx Collector
c/o F" Glenn Tucker
Rhodes, Tucker & Garretson
p, 0, Box 887
Marco Island, Florida 34146
4
Agenda Item No. 16K1
December 2, 2008
Page 8 of 8
PRDJECT~O' 80044
PROJECT ARCEL NO,145RDUE
PERPETU . NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY E;ASEMENT .
EXHIB/T:oU::
LEGAL DESCRIPTION & SKETCH Page---L-or
(NOT A SURVEY)
THa WEST 30 FEET OF THE EAST 80 FEET'OFTRACT 114, GOLDEN
GAtE ESTATES UNIT NO. 64, AS RECORDED IN PLAT BOOK 7,
PAlfE 64 OF THE PUBLIC RECORDS OF COLLIER COUNn'.
FLqRIDA, CONTAINING 0.454 ACRES, MORE OR LESS.
-".- .._" _"_n_.'_.__.._.._ .._. '_". _.. _'._.._, __.._,__.. __'_ "_'._O"_h _.._.._.._ .._.. __._.. _..
EAST~I.JHE
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_.____,l~~_~~.~. -~:.~.~~!~~:.~~~::'.~!~.~.!IT~~':.. .!?~.._..__._.._.__..
.._~o.~~~~YJ!~..
TRACT 114
NOfmip lYUNS
PERPETuAt.. N~LUSIv!;
ROAD RIGIfT-OF.WW, DRAINAGe
AI<O UTIury EASBotENT
SamI f'RDPEim' UNE
<: NORTH \
NOT TO SCALE
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