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Agenda 05/13/2008 Item #16B 7 Agenda Item No. 16B? May 13, 2008 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to Approve a Stipulated Final Judgment in the Amount of $10,200.00 for the Acquisition of Parcel I48RDUE in the Lawsuit Styled Collier County, Florida v. John Goddard, et al., Case No. 07-3I11-CA (Oil Well Road Project #60044). Fiscal Impact: $6,600.00) OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment in the amount of$10,200.00 inclusive of attorney's fees, expert fees and costs as full compensation for the taking ofParcel148RDUE in the lawsuit styled Collier County, Florida v. John Goddard, et al., Case No. 07-3lll-CA (Oil Well Road Project #60044). CONSIDERATIONS: The County acquired the subject property by depositing $3,600.00 into the Court Registry after entry of an Order of Taking on January 4, 2008. If the settlement is approved, the County is responsible for the following costs: . Additional DepositlDisbursement Amount: . Expert Fees: . Clerk's Service Fee: . Attorney's Fees: $ 6,600.00 Included NIA Included TOTAL: $ 6,600.00 This Stipulated Final Judgment honors the original offer made for parcel 148RDUE of $10,200, even though the Purchase Agreement and closing could not be completed on a timely basis prior to the Order of Taking. There are no attorney's fees or expert's fees payable upon completion of this Stipulated Final Judgment. Attached is the proposed Stipulated Final Judgment. FISCAL IMPACT: Funds in the amount of $6,600.00 will come from the Transportation Supported Gas Tax Fund and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Stipulated Final Judgment as to Parcel I 48RDUE; and 2. Approve the expenditure and disbursement of funds as stated. Prepared By: Paul Young, Sr. Property Acquisition Specialist Attachment: Stipulated Final Judgment Agenda Item No. 16B? May 13, 2008 Page 2 of 8 2 Page 1 of2 Agenda Item No. 16B7 May 13, 2008 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1687 Meeting Date: Recommendation to Approve a Stipulated Final Judgment In the Amount of $10,200.00 for the Acquisition of Parcel 148RDUE in the Lawsuit Styled Collier County, Florida v. John Goddard, et ai, Case No. 07 -3111-CA (Oil Well Road Project #60044). Flscallmpac!: $6.600.00) 5/13/200890000 AM Prepared By Paul Young Property Acquisition Specialist Date Transportation Services TECM-ROW 4/25/20088:48:41 AM Approved By Kevin H. Dugan Project Manager Date Transportation Services Transportation Engineering and Construction 4/28/20088:26 AM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & Construction Management 4/29/200810:03 AM Approved By Norm E. Feder, AIC? Transportation Division Administrator Date Transportation Services Transportation Services Admin. 4/29/200811:17 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM-ROW 4/30/200811:35AM Approved By Lisa T ay lor ManagemenUBudget Analyst Date Transportation Services Transportation Administration S/1/2008 2:45 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 5/1/20083002 PM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 5/1/20083:05 PM Approved By Susan Usher Senior ManagemenUBudget Analyst Date file:l/C:\AgendaTest\Export\ I 07 -Mav%20 13,%202008\ 16.%20CONSENT%20AGENDA \ 16... 5/7/2008 Page 2 of2 Agenda Item No. 16B? May 13, 2008 Page 4 of 8 County Manager's Office Office of Management & Budget 5/2/20082:14 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 5/2/20083:46 PM file:l/C:\AgendaTest\Export\1 07 -Mav%20 13.%202008\16.%20CONSENT%20AGENDA\16... 51712008 Agenda Item No. 16B7 May 13,2008 Page 5 of 8 IN THE CIRCUIT COURT OF TIm TWENnEm JUDICIAL CffiCUIT IN AND FOR COLLIER COUNTY, nORIDA CIVIL ACTION COLLIER. COUNTY, FLORIDA, a political. subdivision of the State of Florida, ) Petitioner, Case No.: 07-3111-GA vs. Parcel No.: I48RDUE JOHN GODDARD. et aI., Respondents. / STIPULATED FINAL JUDGMENT ~ CAUSE ha~ come before the Court .upoJiJoint Motion made by Petiti~ncr, COLLIER. COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents. ..__. ____.__ ___ ._.. ...u ._ _ CARLOS MAR'I:JNEZ and MAGDA MARTINEZ (hereafter "Respondents"). for entry of a Stipulated Final Judgment as to Parcel I 48RDUE. 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 Respondents, CARLOS MARTINEZ and MAGDA MARTINEZ, and the Court being otherwise fully advised in the premises thereof, it is thereupon, ORDERED AND ADJUDGED that Respondents, CARLOS MARTINEZ and MAGDA MARTINEZ, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum ofTen Thousand Two Hundred Dollars and NWlOO ($10,200.00) for Parcel 148RDUE as full payment for the property interests taken and fur damages resulting to the remainder, if less than the entire j.... J Agenda Item No. 16B? May 13, 2008 Page 6 of 8 . property was taken, business damages, and for all other damages in connection with said parcels; it is further ORDERED that Petition"", COLLIER. COUNTY, FLORIDA, has previously deposited the aIllOUDt of Three Thousand Six Hundred Dollars and No/IOO ($3,600.00) into the registry of the C1""k of the Circuit Court toward the acquisition of Parcel l48RDUE at which time title to saiel parcel as descn'bed in Ex1n'bit "A" vested in the name of Petitioner; it is further ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final Judgment entered by the Comt, Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an additional Six Thousand Six Hundred Dollars and NoIlOO (56,600.00) into the registry of the Clerk of the Circuit Court for the benefit of Respondllnts, CARLOS MARTINEZ and MAGDA MARTINEZ; it is furth"" ORDERED that disbursement of the funds on deposit sball be by further order of this Court; it is further ORDERED'that title to Parcel 148RDUE, a Pezpetual, Non~Exclusive Road Right-of-Way, Dxafuageal1d Utility Easement, being fully described in ExIn'bit "A>> attached hereto and incorporated herein, which vested in Petitioner, COLLIER. COUNTY, FLORII;>A, pursuant to the Order of Taking dated J annary 4, 2008, and the depo&it of money heretofore made, is approved, ratified, and confumed; it is further ORDERED that this Court reserves jurisdiction to enforce the tenns of this Stipulated Final Judgment; it is further ORDERED that the Notice of Lis Pendens filed in this action and recorded in Official Record Book 4280, Page 347 et seq., of the Public Records of Colli"" County, Florida be dismissed as to ParcelI48RDUE; it is further ORDERED that this Stipulated Final Judgment is subject to approval by the Board of County Commissionen>; it is further 2 Agenda Item No. 16B? May 13, 2008 Page? of 8 ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Borida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Borida this _ day of .2008. CIRCUIT COURT JUDGE Conformed Collies: . Heidi Ashton-Cicko, Esquire !'- Gll'.@~~, Esquire CarloslMagda Martinez Gamma Tax 3 LLC Kevin Hendricks, Acquisition MgrfI'ransp. Bookkeeping JOINT MOnON FORSTIPm.ATED FINAL JUDGMENT The parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Pan:el148RDUE. Dated: 1/- () 7 - () 11 Dated: @ ~s tf!1!J;~tI~ S MARTINE RESPONDENT 5338 Holland Street Naples, Borida 34113-8758 Dated: "piA '1,~ HEIDI ASHTON-cICKO, ESQUIRE Borida Bar No. 0966770 COLLIER COUNTY ATIORNEY'S OFFICE Hannon Twner Building 3301 East Tamiami Trail Naples, Borida 34112 (239) 253-8400 - Telephone (239) 253-6300 - Facsimile ATTORNEY FORPElTTIONER MAGDA 5338 Holl treel Naples, Borida 34113-8758 3 J ., ":..: Agenmlltem No. 16B? May 13, 2008 . Page 8 of 8 L.. PROJECT NO. 60044 PROJECTPARCaNO. 148RDUE .... . PERPETUAl, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND uTtU1Y EASEMENT lOG' .. .- - LEGAl DESCRIPTION & SKETCH (NOT A Sl/RVEY) EXlilSlTL . Peg81L. ot~ . . THE WEST 30 FEET OF THE EAST 80 FEET OF THE SOUTH 150 FEET bF TRAct 128, GOLDEN GATE ESTATES UNIT NO. 69,As . RECORDED IN"PLAT BOOK 7. pAGE 65 OF TIie PUBUC RECORDS OF COWER COUNTY, FLORIDA, CONTAINING 0.103 ACREs. MORE OR LESS. . --..-..-.-..-..-..-.-..-..-..-..-..-..-..-..-..-.;-..-"~"-":"-"-'--"-"-"-"-"---" l . . IEln'twlCf 9l!ITI'01OORX1rWlE~BCtJUiVARDRIGHT.a=-wAY '!5DFEf)/ . . ._..L._.._.._..~ ___._._.._.."-..~._.._.._._..~.._.._._.._.._ '_"_'_"_'__"___" PfOOSB)AL'IlrJJONliLRGn'a.wAYP)FEETl . r--~'- "- "-'. -."-' '-,"- ..- I'EItI'l:II.W. ~ RCWIRIGIlT~ IlRAlNN3e AM>tn1LnYEu'--rr 0.. HCR11i~'ueU'- BtlItHPRcrenvLH! mE !lOUTH 150 FEET OF TRACT 128 N ------ - v-: NOTTO SCALi: .