Resolution 1994-419
JURE ]4, 1994
.., .
RESOLUTION NO. 94- 419
RE,SOLOTION APPROVING THE PARTIAL SETTLEMENT OF
CIRCUIT COURT CASE NO. 88-3369-CA-Ol, JOSEPH L.
ABBOTT, ET AL. V. DEPARTMENT OF NATURAL RESOURCES,
ET AL., AND APPROVING THE PARTIAL SETTLEMENT OF
UNITED STATES DISTRICT COURT CASE NO.
. 92-296-CIV-FTM-25-D, JAMES C. ABBEY, ET AL. V.
DEPARTMENT OF NATURAL RESOURCES, ET AL., INVOLVING
SOUTHERN GOLDEN GATE ESTATES AND CERTAIN FLOODING
CLAIMS ALLEGED TO HAVE BEEN CAUSED BY COLLIER
COUNTY
WHEREAS, Collier County is a Defendant in a State cause of
action filed by approximately twenty-eight hundred (2,800) lot
owners situated in the Southern Golden Gate Estates subdivision,
said case styled Joseph L. Abbott. et al. v. Department of
"
Natural
Resources.
et
a 1. ,
Circuit
Court
Case
No.
'92-~96~crv-FTM-25-D and Collier County is a defendant in a
",
Federal cause of action styled James C. Abbey. et al. v.
Department
of
Natural
Resources.
et
a1.,
Case
No.
92-296-CIV-F'l'M-2.5-D, inVOlving approximately five hundred (500)
.
Plaintiffs; and
. WHEREAS, the Plaintiffs' claims against the Defendants,
Department of Natural Resources (now known as the Department of
Environmental Protection), Department of Transportation and
Collier County,
Florida,
are in the nature of inverse
condemnation for an alleged taking of the Plaintiffs' properties
due to condemnation blight, loss of access and flooding; and
WHEREAS, the Plaintiffs' claim for condemnation blight is
alleged to have been caused by the acquiescence of Collier County
in acceding to action by the State of Florida concerning the
~I
purchase by the Florida Department of Natural Resources (now
known as the Department of Environmental Protection) of all lots
within the Southern Golden Gate Estates subdivision area,
pursuant to requirements established by the Department of
Community Affairs' to enter into a Comprehensive Plan Settlement
Agreement with the County; and
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WHEREAS, the purchase by the state of Florida of the
Southern Golden Gate Estates area and the dismissal of Count I of
the Plaintiffs' complaints regarding flooding will benefit all
citizens of Collier County; and
WHEREAS, the purchase by the state of Florida of the lots
within the Southern Golden Gate Estates and settlement of the
above lawsuits would be consistent with the requirements of the
Settlement Agreement between Collier County and the Department of
Community Affairs; and
WHEREAS, the Plaintiffs have agreed to dismiss Count I of
the Amended Complaint filed in Abbott and Count I of the
Complaint in Abbey regarding Collier County's liability for
flooding; and
WHEREAS, in the event the State of Florida and the
Plaintiffs can settle the above-referenced lawsuits, resulting in
the purchase of the real property at a fair market value,
agreeable to both parties, the real property would be transferred
to the ownership of the State of Florida and the above-referenced
lawsuits against all parties would be dismissed; and
WHEREAS, as the sole purpose of this Resolution is a part of
the on-going settlement negotiations between the Plaintiffs and
Collier County and to encourage the Plaintiffs and the state of
Florida to reach an amicable settlement, the parties have agreed
that no portion of this Resolution may be utilized by the other
party during any subsequent trial, if necessarj, in any manner.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it is the desire
of the Board of County Commissioners, and in the interest of the
citizens of Collier County,
and in
furtherance of the
Comprehensive Plan Settlement Agreement between the Department of
Community Affairs and Collier County, that the State of Florida,
through its Department of Natural Resources (now known as the
JUNK 14, 1994
Department of Environmental Protection) and the Department of
Transportation, be encouraged to negotiate and reach a settlement
in the above-referenced lawsuits in a manner that provides for
the state of Florida to purchase the area commonly known as the
Southern Golden Gate Estates for an amount mutually agreeable
between the Plaintiffs and the state of Florida.
This Resolution adopted a fter motion, second and maj or i ty
vote.
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. CONSTANTINE,
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By- ~~
. DAV E.~ANT
ASS ST '1' COUNTY ATTORNEY
"
DEB/wbel141
aDOK 000 PAGt 72
"