Agenda 11/18/2008 Item #16K 5
ilgenda Item No. 16K5
November 18, 2008
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $20,000.00 for
Parcel I58RDUE in the lawsuit styled Collier County v. John Goddard, et al., Case No. 07-
3Ill-CA (Oil Well Road Project 60044). (Fiscal Impact $5,600.00)
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for
payment of full compensation. for the taking of Parcel 158RDVE in the lawsuit styled Collier
County v, John Goddard. et, al., Case No. 07-3111-CA (Oil Well Road Project 60044).
CONSIDERATIONS: Collier County has condemned a .072 acre parcel for road right-of-way,
drainage and utilities easement (Parcel ] 58RDVE) from property owners Mario De Castanedo and
Ania De Castanedo. The County's initial appraisal dated March 21, 2007, valued the taking at
$16,400.00. The County offered the owner $]8,230.00 as the County's statutory offer on June 29,
2007 based on the initial appraisal of $16,400.00 plus a settlement incentive of $] ,830.00. An
updated appraisal, dated November ]4,2007, shows a declining market value of $14,400.00 for the
taking. An Order of Taking hearing was held on January 4,2008, and the County deposited the sum
of $14,400.00 in the Court Registry. The owners' original counter offer was $80,248.00, plus
attorney's fees and expert fees and costs.
Staff recommends settlement in the amount of $20,000.00, inclusive of attorney's fees, expert fees
and costs. The settlement amount reflects the value of the land at $35,000 per acre along with
extensive improvements taken (paved driveway, automatic gate, fencing, landscaping, fill, clearing
and grading), as well as negotiated attorney's fees, expert fees and costs. See attached Stipulated
Final Judgment.
If approved, the County will he responsihle for the following costs:
Additional settlement amount, including
Attorney's fees, expert fees and costs:
TOTAL:
$5.600.00
$5,600.00
FISCAL IMPACT: Funds in the amount of $5,600.00 will come from the Gas Taxes and Impact
Fee. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ
RECOMMENDATION: That the Board of County Conm1issioners approve the Stipulated
Final Judgment as to Parcel I 58RDVE and authorize payment or the funds as stated.
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PREPARED BY: Robert N. Zachary, Assistant County Attorney
CP:07-3111 ;2X2
Page 1 of2
Agenda Item No. 16K5
November 18. 2008
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K5
Meeting Date:
Recommendation to approve a Stipulated Final Judgment in the amount of $20,000.00 for
Parcel 158RDUE in the lawsuit styled Collier County v John Goddard, et al.. Case No. 07-
3111-CA (Oil Well Road Project 60044) (Fiscal Impact $5.600 00)
11/18/20089.0000AM
Prepared By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
11/5/200810:58:50 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
11/5/20081:26 PM
Approved By
Norm E. Feder, Ale?
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
1115/20083:49 PM
Approved By
Lisa Taylor
ManagemenUBudget Analyst
Date
Transportation Services
Transportation Administration
11/5/20084:03 PM
Approved By
Robert N, Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
11/5/20084:31 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TEeM.ROW
11/5/20084:49 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
1116/2008 8 :40 AM
Approved By
OMB Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
11/6/20089;56 AM
Approved By
John A. Y onKosl,y
Director of the Office of Manzgcmcnt
..., -~~
wcut:
County Manager's Office
Office of Management & Budget
11/6/20082:29 PM
file://C:IA!!cndaTestIExDortl 116-Novemher%20 I R.%20200RI 16.%20c:ONSFNT%20AGF.... 11/12/200R
Page 2 of 2
Aqenda Item No. 16K5
- November 18. 2008
Page 3 of 8
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
11/6/20084:06 PM
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Agenda Item No. 16K5
November 18, 2008
Page 4 of 8
N 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: 158RDUE
Respondents,
/
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 Respondents, MARIO DE
CASTANEDa and ANIA DE CASTANEDa, by and through their undersigned counsel, for entry
of a Stipulated Final Judgment as to Parcel158RDUE, 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, MARIO DE CASTANEDa and ANIA
DE CASTANEDa, and the Court being otherwise fully advised in the premises thereof, it is
thereupon
ORDERED AND ADJUDGED that Respondents, MARIO DE CASTANEDa and ANIA
DE CASTANEDa, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the tota!
sum of Twenty Thousand and No/lOO Dollars ($20,000,00) for Parcel 158RDUE, 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, including attorney's fees, expert fees and costs in
connection with said parcel; it is further
Agenda item No. 16K5
November 18, 2008
Page 5 of 8
ORDERED AND ADmDGED that Petitioner, COLLIER COUNTY, FLORIDA, is
entitled to a credit for the good faith estimate of value previously deposited in the amount of
$14,400.00; it is further
ORDERED AND ADmGED that without further order of the Court, that within thirty (30)
days hereof, the Clerk shall pay to Respondents, MARIO DE CASTANEDO and ANIA DE
CASTA.NEDO, the total sum of$14,400.00, to the Bella Y Patel, P.A. Trust Account, c/o Bella Y.
Patel, Esq., 13026 Waterford Run Drive, Riverview, FL, 33569, for the benefit of Respondents,
MARIO DE CASTANEDa and ANIA DE CASTANEDa; it is further
ORDERED AND ADmDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay
an additional Five Thousand Six Hundred and Noll 00 Dollars ($5,600.00) to Respondents,
MARIO DE CASTANEDa and ANIA DE CASTANEDa, said swn to include all attorney's fees,
expert fees and costs; it is further
ORDERED AND ADmDGED that within thirty (30) days hereof, Petitioner shall pay the
total swn of Five Thousand Six Hundred and Noll 00 Dollars ($5.600.00), payable to the 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 further
ORDERED AND ADJUDGED that fee simple title to Parcel 158RDUE, a perpetual 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 Taking
dated January 4, 2008, and the deposit of money heretofore made, is approved, ratified, and
confirmed; it is further
ORDERED AND ADJUDGED that Petitioner will construct drainage inlet identified as S-
304 on Collier County's construction plans for Oil Well Road, to the South, to facilitate
reconstruction of Respondents' driveway to incorporate 20-foot radius flares.
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f\genda Item No. 16K5
November 18. 2008
Page 6 of 8
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 158RDUE; it is further
ORDERED AND ADJUDGED that pursuant to Section 74.051(3), F.S., the Clerk of
Courts shall disburse the interest earned on the funds on deposit in the amount of $ made
payable to the Board of County Commissioners, c/o the Office of the County Attorney, 3301
Tamiami Trail, Naples, East, Florida 34112; 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 I 58RDUE 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(s), if any; it is therefore
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this
day of
,20
HONORABLE CYNTIIIA A ELLIS
CIRCUIT COURT JUDGE
conformed copies to:
Robert N. Zachary, Esquire
Bella Y. Patel, Esquire
E. Glenn Tucker, Esquire
Mortgage Electronic Registration Systems, Inc.
First Guaranty Mortgage Corporation
Kevin Hendricks, Acquisition MgrlTransp.
Accounting
3
Agenda Item No. 16K5
November 18. 2008
Page 7 of 8
JOJNT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, MARlO DE
CASTANEDO and ANIA DE CASTANEDO, hereby respectfully move for entry of the
foregoing Stipulated Final Judgment as to Parcel 158RDUE.
Dated:
BELLA Y. PATEL, ESQ,
Florida Bar No. 896489
LA W OFFICE OF BELLA Y. PATEL, PA
13026 Waterford Run Drive
Riverview, FL 33569
(813) 643-2762 - Telephone
(813) 643-2612 - Facsimile
ATTORNEY FOR RESPONDENTS,
MARlO DE CASTANEDO and
ANlA DE CASTANEDO
CP:07-3111:281
Dated:
~ ROBERT N, ZACHARY
Florida Bar No. 816604
ASSISTANT COUNTY A TTORJ'-iEY
Hannon Turner Building, 8th Floor
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 252-6300 - Facsimile
ATTORNEY FOR PETITIONER
CERTIFICATE OF SERVICE
1 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 November, 2008.
John Goddard
c/o Bella y, Patel, Esquire
LAW OFFICE OF BELLA Y. PATEL, PA
13026 Waterford Run Drive
Mortgage Electronic Registration Systems, Inc.
c/o CT Corporation System. Registered Agent
1200 South Pine Island Road
Plantation, FL 33324
ROBERT N. ZACHARY
ASSISTANT COUNTY ATTORNEY
Collier County Tax Collector
c/o E, Glenn Tucker
Rhodes. Tucker & Garretson
P o. Box 887
First Guaranty Mortgage Corporation
c/o NRAI Services, Inc., Registered Agent
2731 Executive Park Drive, Snite 4
Weston. Florida 3333 I
4
Agenda Item No. 16K5
November 18, 2008
Page 8 of 8
PROJEC1* O. 50044
PROJEC PARCEL NO. 158RDUE
PERPET L. NON.EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY) EXHIBIT
If
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THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 105
FEET OF TRACT 125, GOLDEN GATE ESTATES UNIT NO. 69, AS
RE'cOROED IN PLAT BOOK 7, PAGE 65 OF THE PUBLIC RECORDS
OF\COLLJER COUNTY, FLORIDA.
CoNTAINING 0.072 ACRES, MORE OR LESS.
__._.._.._n_',_.__n_.._.._.._.._.._.._.._.._.._.._.__.'_"_"_"_"__'_'__"_"_"_"
EAST PRCPERTY UNE
j
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~.. _~.~!~~2"!i~Y..l!~.E'!L.. - PERPe'TlJAL.NOw..EXct.USlVE
ROAD RIGHT-<lF_~ lIIWNl\GE
"'NO UllUTY EASEMeNT
NOA"l'H 1lPEA'l'I'l.N
","",,,,,,,,,",,,UNE
THE SOUTH 105 FEET OF TRACT 125
NORTH
NOT ro SCALE