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Agenda 12/16/2008 Item #16K 3 Agenda Item No. 16K3 December 16, 2008 Page 1 of 8 ~. 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. ,-- 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 1.-..'<.'.------ 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 "..~_."--"-- I 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 4 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 \ I '\ \ I \ LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) EXHIBIT I't ~gel~ . 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 I j,/ WEG1'~OF EltlsTIlCitOO FOOTWIOEEVEftQLADESIlCl/lEVAADIOOHT..OfWlA'( _._ \.._.._n_.._ _.._.._.._.._.___._.._.._.._.._.._.._.._.._." P1UPClWlADOI11OHAlIUGHT"Q-WAY(30fEEf) : _' ._.__..__._"_.. _.__1 i i i (5lIreET) r '"-"-' .-..- ..- "_h_ , , PERPE11JAL. NClN-EXCl.lJSl\IC ~OAD RIQHT-oF-"",Y. DIlAlN.\GE ! AND UTlU7Y EASEJlENT I I i SctlTHPMFeITYlJNE NOR1rl~t'U: . THE NORTH 75 FEET OF THE SOUTH 105 FEET TRACT 123 I Ij I Lr~_"--. NOT TO SCALE