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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. _. 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 - 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 j _.____,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 I -t--