Agenda 05/13/2008 Item #16B 7
Agenda Item No. 16B?
May 13, 2008
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to Approve a Stipulated Final Judgment in the Amount of $10,200.00 for
the Acquisition of Parcel I48RDUE in the Lawsuit Styled Collier County, Florida v. John
Goddard, et al., Case No. 07-3I11-CA (Oil Well Road Project #60044). Fiscal Impact:
$6,600.00)
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment in
the amount of$10,200.00 inclusive of attorney's fees, expert fees and costs as full compensation for
the taking ofParcel148RDUE in the lawsuit styled Collier County, Florida v. John Goddard, et al.,
Case No. 07-3lll-CA (Oil Well Road Project #60044).
CONSIDERATIONS: The County acquired the subject property by depositing $3,600.00 into the
Court Registry after entry of an Order of Taking on January 4, 2008. If the settlement is approved,
the County is responsible for the following costs:
. Additional DepositlDisbursement Amount:
. Expert Fees:
. Clerk's Service Fee:
. Attorney's Fees:
$ 6,600.00
Included
NIA
Included
TOTAL:
$ 6,600.00
This Stipulated Final Judgment honors the original offer made for parcel 148RDUE of $10,200,
even though the Purchase Agreement and closing could not be completed on a timely basis prior to
the Order of Taking. There are no attorney's fees or expert's fees payable upon completion of this
Stipulated Final Judgment.
Attached is the proposed Stipulated Final Judgment.
FISCAL IMPACT: Funds in the amount of $6,600.00 will come from the Transportation
Supported Gas Tax Fund and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Stipulated Final Judgment as to Parcel I 48RDUE; and
2. Approve the expenditure and disbursement of funds as stated.
Prepared By: Paul Young, Sr. Property Acquisition Specialist
Attachment: Stipulated Final Judgment
Agenda Item No. 16B?
May 13, 2008
Page 2 of 8
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Page 1 of2
Agenda Item No. 16B7
May 13, 2008
Page 3 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1687
Meeting Date:
Recommendation to Approve a Stipulated Final Judgment In the Amount of $10,200.00 for
the Acquisition of Parcel 148RDUE in the Lawsuit Styled Collier County, Florida v. John
Goddard, et ai, Case No. 07 -3111-CA (Oil Well Road Project #60044). Flscallmpac!:
$6.600.00)
5/13/200890000 AM
Prepared By
Paul Young
Property Acquisition Specialist
Date
Transportation Services
TECM-ROW
4/25/20088:48:41 AM
Approved By
Kevin H. Dugan
Project Manager
Date
Transportation Services
Transportation Engineering and
Construction
4/28/20088:26 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
4/29/200810:03 AM
Approved By
Norm E. Feder, AIC?
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
4/29/200811:17 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM-ROW
4/30/200811:35AM
Approved By
Lisa T ay lor
ManagemenUBudget Analyst
Date
Transportation Services
Transportation Administration
S/1/2008 2:45 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
5/1/20083002 PM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
5/1/20083:05 PM
Approved By
Susan Usher
Senior ManagemenUBudget Analyst
Date
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Agenda Item No. 16B?
May 13, 2008
Page 4 of 8
County Manager's Office
Office of Management & Budget
5/2/20082:14 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5/2/20083:46 PM
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Agenda Item No. 16B7
May 13,2008
Page 5 of 8
IN THE CIRCUIT COURT OF TIm TWENnEm JUDICIAL CffiCUIT
IN AND FOR COLLIER COUNTY, nORIDA
CIVIL ACTION
COLLIER. COUNTY, FLORIDA, a political.
subdivision of the State of Florida,
)
Petitioner,
Case No.: 07-3111-GA
vs.
Parcel No.: I48RDUE
JOHN GODDARD. et aI.,
Respondents.
/
STIPULATED FINAL JUDGMENT
~ CAUSE ha~ come before the Court .upoJiJoint Motion made by Petiti~ncr,
COLLIER. COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents.
..__. ____.__ ___ ._.. ...u ._ _
CARLOS MAR'I:JNEZ and MAGDA MARTINEZ (hereafter "Respondents"). for entry of a
Stipulated Final Judgment as to Parcel I 48RDUE. 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,
COLLIER. COUNTY, FLORIDA, is the full compensation due Respondents, CARLOS
MARTINEZ and MAGDA MARTINEZ, and the Court being otherwise fully advised in the
premises thereof, it is thereupon,
ORDERED AND ADJUDGED that Respondents, CARLOS MARTINEZ and MAGDA
MARTINEZ, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum ofTen
Thousand Two Hundred Dollars and NWlOO ($10,200.00) for Parcel 148RDUE as full payment
for the property interests taken and fur damages resulting to the remainder, if less than the entire
j....
J
Agenda Item No. 16B?
May 13, 2008
Page 6 of 8
.
property was taken, business damages, and for all other damages in connection with said parcels; it
is further
ORDERED that Petition"", COLLIER. COUNTY, FLORIDA, has previously deposited the
aIllOUDt of Three Thousand Six Hundred Dollars and No/IOO ($3,600.00) into the registry of the
C1""k of the Circuit Court toward the acquisition of Parcel l48RDUE at which time title to saiel
parcel as descn'bed in Ex1n'bit "A" vested in the name of Petitioner; it is further
ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Comt, Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an
additional Six Thousand Six Hundred Dollars and NoIlOO (56,600.00) into the registry of the
Clerk of the Circuit Court for the benefit of Respondllnts, CARLOS MARTINEZ and MAGDA
MARTINEZ; it is furth""
ORDERED that disbursement of the funds on deposit sball be by further order of this Court;
it is further
ORDERED'that title to Parcel 148RDUE, a Pezpetual, Non~Exclusive Road Right-of-Way,
Dxafuageal1d Utility Easement, being fully described in ExIn'bit "A>> attached hereto and incorporated
herein, which vested in Petitioner, COLLIER. COUNTY, FLORII;>A, pursuant to the Order of
Taking dated J annary 4, 2008, and the depo&it of money heretofore made, is approved, ratified, and
confumed; it is further
ORDERED that this Court reserves jurisdiction to enforce the tenns of this Stipulated Final
Judgment; it is further
ORDERED that the Notice of Lis Pendens filed in this action and recorded in Official
Record Book 4280, Page 347 et seq., of the Public Records of Colli"" County, Florida be dismissed
as to ParcelI48RDUE; it is further
ORDERED that this Stipulated Final Judgment is subject to approval by the Board of
County Commissionen>; it is further
2
Agenda Item No. 16B?
May 13, 2008
Page? of 8
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of
Collier County, Borida; it is therefore
DONE AND ORDERED in Chambers at Naples, Collier County, Borida this _ day
of
.2008.
CIRCUIT COURT JUDGE
Conformed Collies:
. Heidi Ashton-Cicko, Esquire
!'- Gll'.@~~, Esquire
CarloslMagda Martinez
Gamma Tax 3 LLC
Kevin Hendricks, Acquisition MgrfI'ransp.
Bookkeeping
JOINT MOnON FORSTIPm.ATED FINAL JUDGMENT
The parties hereby stipulate and respectfully request this Court to enter the foregoing
Stipulated Final Judgment as to Pan:el148RDUE.
Dated: 1/- () 7 - () 11
Dated:
@
~s tf!1!J;~tI~
S MARTINE RESPONDENT
5338 Holland Street
Naples, Borida 34113-8758
Dated:
"piA '1,~
HEIDI ASHTON-cICKO, ESQUIRE
Borida Bar No. 0966770
COLLIER COUNTY ATIORNEY'S OFFICE
Hannon Twner Building
3301 East Tamiami Trail
Naples, Borida 34112
(239) 253-8400 - Telephone
(239) 253-6300 - Facsimile
ATTORNEY FORPElTTIONER
MAGDA
5338 Holl treel
Naples, Borida 34113-8758
3
J
.,
":..:
Agenmlltem No. 16B?
May 13, 2008
. Page 8 of 8
L..
PROJECT NO. 60044
PROJECTPARCaNO. 148RDUE .... .
PERPETUAl, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND uTtU1Y EASEMENT
lOG'
.. .-
-
LEGAl DESCRIPTION & SKETCH
(NOT A Sl/RVEY)
EXlilSlTL
. Peg81L. ot~
. .
THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 150
FEET bF TRAct 128, GOLDEN GATE ESTATES UNIT NO. 69,As .
RECORDED IN"PLAT BOOK 7. pAGE 65 OF TIie PUBUC RECORDS
OF COWER COUNTY, FLORIDA, CONTAINING 0.103 ACREs. MORE
OR LESS. .
--..-..-.-..-..-..-.-..-..-..-..-..-..-..-..-..-.;-..-"~"-":"-"-'--"-"-"-"-"---"
l
. . IEln'twlCf 9l!ITI'01OORX1rWlE~BCtJUiVARDRIGHT.a=-wAY '!5DFEf)/ . .
._..L._.._.._..~ ___._._.._.."-..~._.._.._._..~.._.._._.._.._ '_"_'_"_'__"___"
PfOOSB)AL'IlrJJONliLRGn'a.wAYP)FEETl .
r--~'- "- "-'. -."-' '-,"- ..-
I'EItI'l:II.W. ~
RCWIRIGIlT~ IlRAlNN3e
AM>tn1LnYEu'--rr
0..
HCR11i~'ueU'-
BtlItHPRcrenvLH!
mE !lOUTH 150 FEET OF TRACT 128
N
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