Agenda 07/07/2015 Item #16A227/7/2015 16.A.22.
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $17,500 for Parcel
138RDUE in the lawsuit styled Collier County v. Grover C. Woody, III, et al., Case No. 15 -CA -199.
(Golden Gate Boulevard From East of Wilson Boulevard to 20th Street East, Project No. 60040.)
Fiscal Impact: $17,500.
OBJECTIVE: To approve the attached Stipulated Final Judgment for payment of full and final
compensation for the taking of Parcel 138RDLE in the lawsuit styled Collier County v. Grover C. Woody,
III, et al., Case No. 15 -CA -199. (Golden Gate Boulevard From East of Wilson Boulevard to 20'h Street
East Project No. 60040, or the Project.)
CONSIDERATIONS: Collier County has filed an eminent domain lawsuit to acquire Parcel 138DUE,
a 40 foot wide perpetual, non - exclusive road right -of -way, drainage and utility easement needed for
construction of the Project. An Order of Taking Hearing has been scheduled for July 30, 2015. The
easement is 6,000 square feet in extent and is situated along the road frontage of a parent tract owned by
David Hurst ( "the owner "). The parent tract is improved with a single family home and is located on the
south side of Golden Gate Boulevard, just east of Wilson Boulevard. An independent appraiser appointed
by Collier County has estimated the market value of the easement to be $13,500.00. Please refer in this
regard to the attached appraisal report, dated February 2, 2015, prepared by Wilcox Appraisal Services,
Inc. ( "Wilcox ").
On May 2, 2014, the County made a written offer to purchase the easement at Wilcox's appraised value.
The owner made a counter -offer to include $3,000 for additional landscape buffer and $1,000 for a new
location survey to show his fence relocation and plot the easement for a total of $17,500. The owner's
requests are reasonable in staff s opinion.
If this parcel is not acquired by negotiation, the lawsuit will proceed and the County will be liable for
payment of the owner's additional attorney and expert fees and costs, along with the County's legal costs.
Furthermore, the possibility cannot be excluded that a jury would award the owner substantially more
should the matter proceed to trial. A jury could disagree with the County altogether or could compromise
with a figure somewhere in the middle.
The attached Stipulated Final Judgment reflects a negotiated settlement amount of $17,500.00 for Parcel
138RUE. Staff recommends that the Board of County Commissioners (the Board) approve the attached
Stipulated Final Judgment.
FISCAL IMPACT: Funds in the amount of $17,500.00 are available in the Golden Gate Boulevard
Transportation Capital Improvement Project No. 60040. The primary funding source for the acquisition
of right -of -way is impact fees. Should impact fees not be sufficient within a particular project, the
secondary funding source will be gas taxes. Additional right -of -way acquisitions are required, which will
add acreage to the mowing and garbage removal maintenance at approximately $3,000 per year. Closed
drainage (piping) has a useful life of approximately fifty years with recurring costs of periodic inspections
and system cleaning on a three to five year basis at an estimated cost of $5,000 per cycle. New roadway
construction has a maintenance curve of approximately 5 to 7 years before any incremental costs are
required for repairs or replacement.
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LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. - -H'-r AC
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long Range
Transportation Plan and the Collier County Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners of Collier County:
1. Approve the attached Stipulated Final Judgment as to Parcel 138RDUE;
2. Authorize the payment of $17,500.00 as stated; and
3. Authorize any and all budget amendments that may be required to carry out the collective will of the
Board.
Prepared by: Michelle L. Sweet _ Property Acquisitions Specialist, ROW Acquisitions, Transportation
Engineering, GMD.
Attachments: (1) Stipulated Final Judgment as to Parcel 138RDUE; (2) Location Map; and (3)
Wilcox's Appraisal Report, dated February 2, 2015, due to its size accessible at:
http: / /www.colliergov. net/ ftp/ AgendaJulyO7l5/ GrowthMgmt /AppraisalReportfcrPrace1138RDU
E.pdf
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7/7/2015 16.A.22.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.22.
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total
amount of $17,500 for Parcel 138RDUE in the lawsuit styled Collier County v. Grover C. Woody,
III, et al., Case No. 15 -CA -199. (Golden Gate Boulevard From East of Wilson Boulevard to 20th
Street East, Project No. 60040.) Fiscal Impact: $17,500.
Meeting Date: 7/7/2015
Prepared By
Name: NeetVirginia
Title: Legal Assistant/Paralegal, CAO Office Administration
6/24/2015 1:50:31 PM
Submitted by
Title: Property Acquisition Specialist, Growth Management Department
Name: SweetMichelle
6/24/2015 1:50:32 PM
Approved By
Name: TaylorLisa
Title: Management/Budget Analyst, Growth Management Department
Date: 6/24/2015 2:38:39 PM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Growth Management Department
Date: 6/24/2015 2:53:06 PM
Name: PutaansuuGary
Title: Project Manager, Principal, Growth Management Department
Date: 6/24/2015 3:19:46 PM
Name: LynchDiane
Title: Supervisor - Operations, Growth Management Department
Date: 6/24/2015 3:45:52 PM
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7/7/2015 16.A.22.
Name: GossardTravis
Title: Division Director - Road Maintenance, Growth Management Department
Date: 6/24/2015 4:19:51 PM
Name: AhmadJay
Title: Division Director - Transportation Eng, Growth Management Department
Date: 6/25/2015 8:21:04 AM
Name: BoschRobert
Title: Operations Analyst, Senior, Growth Management Department
Date: 6/25/2015 10:22:35 AM
Name: ShueGene
Title: Division Director - Operations Support, Growth Management Department
Date: 6/25/2015 3:15:10 PM
Name: LynchDiane
Title: Supervisor - Operations, Growth Management Department
Date: 6/25/2015 3:20:16 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/25/2015 3:24:58 PM
Name: AshtonHeidi
Title: Managing Assistant County Attorney, CAO Land Use/Transportation
Date: 6/25/2015 3:36:09 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/25/2015 4:57:22 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 6/26/2015 9:59:15 AM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 6/26/2015 11:45:24 AM
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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, Case No.: 14 -CA -199
Petitioner, Parcel No.: 138RDUE
V.
GROVER C. WOODY, III, et al.
Respondents.
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondent,
DAVID HURST (hereafter "Respondent "), for entry of a Stipulated Final Judgment as to Parcel
138RDUE, 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 Respondent, and the Court being otherwise fully advised in the premises
thereof, it is thereupon,
ORDERED AND ADJUDGED that Respondent have and recover from Petitioner,
COLLIER COUNTY, FLORIDA, the sum of Seventeen Thousand Dollars Five Hundred and
No /100 ($17,500.00) for Parcel 138RDUE as full payment for the property interests taken and for
3�
damages resulting to the remainder, if less than the entire property was taken, business damages,
and for all other damages in connection with said parcel; it is further
ORDERED that no other additional fees or costs are awarded in this matter; it is further
ORDERED that within thirty (30) days of receipt by the Clerk of Court of the Stipulated
Final Judgment entered by the Court, the Clerk shall disburse the sums on deposit in the amount of
Thirteen Thousand Five Hundred Dollars and No /100 ($13,500.00) to DAVID HURST, c/o
i
1
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Heidi Ashton - Cicko, Esq., Office of the County Attorney, 3299 Tamiami Trail East, Suite 800,
Naples, FL 34112; it is further
ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum
of Four Thousand Dollars and No /100 ($4,000.00) to DAVID HURST, c/o Heidi Ashton - Cicko,
Esq., Office of the County Attorney, 3299 Tamiami Trail East, Suite 800, Naples, FL 34112; it is
further
ORDERED that title to Parcel 138RDUE, a Roadway, Drainage and Utility Easement, being
My described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner,
COLLIER COUNTY, FLORIDA, pursuant to the Order of Taking dated July 30, 2015, and the
deposit of money heretofore made, is approved, ratified, and confirmed; it is further
ORDERED that this Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment; it is further
I
ORDERED that the Notice of Lis Pendens in this cause recorded in Official Record Book15
5117, Page 3940, et seq. of the Public Records shall be dismissed as to Parcel 138RDUE; it is n V
further U
ORDERED that this Stipulated Final Judgment is subject to approval by the Board of
County Commissioners; it is further
ORDERED that this Stipulated Final Judgment will be recorded in the Official Records of
Collier County, Florida.
DONE AND ORDERED in Naples, Collier County, Florida on this day of July, 2015.
Honorable Cynthia A. Pivacek
Conformed Copies: CIRCUIT COURT JUDGE
Heidi Ashton - Cicko, Esq.
David Hurst
Kevin Hendricks, Acquisition Mgr/Transp.
Bookkeeping „ n
[I 5-CA- 199/1158865/ 11207 2
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JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, DAVID HURST,
hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcel
138RDUE.
Ridgeway, Ontario, Canada LOS 1N0
RESPONDENT
[I 5-CA-199/1158865/11 207 3
Dated:
HEIDI ASHTON- CICKO, ESQUIRE
Florida Bar No.: 966770
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3299 East Tamiami Trail
Naples, FL 34112
(239) 252 -8400 - Telephone
(239) 252 -6300 - Facsimile
ATTORNEY FOR PETITIONER
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TRACT 18
EX 25'DSUE
T
GOLDEN GATE BOULEVARD (CR 876)
30+00 31 +00
J
PROPOSED ROADWAY EASEMENT
PARCEL 136 RDUE
11=0 SO. FT.
TRACT 19
GOLDEN GATE ESTATES
UNIT 13
PLAT BOOK 7 PAGE 72
COLLIER COUNTY
TAX PARCEL &
RECORD DATA NOT
AVAILABLE
EAST 150' OF
TRACT 19
SOTELLA
OR 1691/1778
7/7/2015 16.A.22.
D■
20
N
W E
S
EX EXISTING
DSUE DRAINAGE, SIDEWALK AND UTILITY EASEMENT
OR OFFICIAL RECORDS (BOOK /PAGE)
�L2FJ PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE)
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
Ic USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 72
LEGAL DESCRIPTION FOR PARCEL 138 RDUE
A PORTION OF TRACT 19, GOLDEN GATE ESTATES, UNIT 13 AS RECORDED IN PLAT BOOK 7, PAGE 72 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE SOUTH 40 FEET OF THE NORTH 90 FEET OF THE EAST 150 FEET OF SAID TRACT 9.
CONTAINING 6,000 SQUARE FEET, MORE OR LESS.
o 40 so 160 m
SKETCH k DESCRIPTION ONLY Mia1+n �;,� X110►
NOT A BOUNDARY SURVEY 1,� »ate Vol, wrrpr
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSKINERS roll � h >K r p:aEC 819 f" V a
GOLDEN GATE BOULEVARD , �a roR Arai
SKETCH k DESCRIPTION OF; PROPOSED RUADRAY EASEMENT ��� vlre�u.rla
PARCEL 138 RDUE i0� �>
COLLIER COUNTY, FLORIDA 6610womPatDasm"ll t
N piW RsN.ata
flans la9ilaAa67e FAtC R�WI»�
JOB NUMBER REVISION SECTION TOWNSHIP RANGE $GALE LBNe_aM4
0217.00.00 nrnn ._ 9 DATE DRAWN BY FILE NAME
27 1' a 80' 1 JAN. 2008 1 S.R. UN13 SKI'- 1
EXHIBIT "A"
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LOCATION MAP — PROJECT 60040 PARCEL 138RDUE
Folio Number: 37221320008
'.Name: HURST, DAVID
Street# & Name: 130 GOLDEN GATE BLVD E
Legal Description: GOLDEN GATE EST UNIT 13 E 150FT OF TR 19
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