Agenda 01/15/2008 Item #16B 6
Agenda Item No, 16B6
January 15, 2008
Page 1 of 11
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment for Parcels 130FEE, 131FEE,
132FEE and 133FEE in the lawsuit styled Collier County v, Emmanuel Evangelical Lutheran
Church of Naples, lnc" et aI" Case No. 07-3228-CA (Oil Well Road Project No, 60044), (Fiscal
Impact $54,767.50)
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for
payment of full compensation, attorney's fees and costs for the taking of Parcels 130FEE, 131FEE,
132FEE and 133FEE in the lawsuit styled Collier County v, Emmanuel Evangelical Lutheran
Church of Naples, lnc" a Florida non-profit corporation, et at., Case No, 07-3228-CA (Oil Well
Road Project No, 60044),
CONSIDERATIONS: Collier County seeks to condemn four 2l-foot wide strips of right-of-way
from property owner, Emmanuel Evangelical Lutheran Church of Naples, [nc, Shortly after the
purchase of the property in June 2006, the church was informed by the Oil Well Road project
engineering staff that over five acres of their property would be required as a storm water retention
and treatment pond for the project, and the church officials instructed their engineer to configure
their site development plan to ac'Commodate the pond. Later, they were advised by staff that a less
expensive site for the pond had been identified on the north side of Oil Well Road, and that only the
four 2l-foot wide strips ofland would be required,
Subsequent to the design change, in January 2007, an agreement was reached between staff and the
church's attorney, that staff would recommend that the Board of County Commissioners approve a
purchase agreement for the four strips of right-of-way at the same unit price that the church had
paid for the property ($112,925 per acre) and to reimburse the church for the engineering costs
($5,297,50), to reconfigure the site plan to retleet the fact that they no longer had to accommodate
the County's stormwater pond,
Unfortunately, neither County staff nor the church's attorney pursued the matter further and the
issue was set aside until the suit was filed and an Order of Taking hearing scheduled, At this point,
with the Order of Taking having been entered on January 9, 2008, and with a deposit of $25,000
having already been made, staff is recommending approval of a Stipulated Final Judgment
incorporating the same terms as were negotiated a year ago, See attached Stipulated Final
Judgment.
If approved, the County will be responsible for the following costs:
. Additional Compensation
. Clerk's Fee
. Expert Fees and Costs (engineer)
. Reasonable Attorney's Fees
TOTAL
$ 46,820,00
$ 150,00
$ 5,297,50
$ 2.500,00
$ 54,767,50
Agenda Item No. 1686
January 15, 2008
Page 2 of 11
Even though market values, as evidenced by recent sales, have plummeted along the Oil Well Road
corridor, staff is recommending this settlement because the terms were agreed to by the owners
before the market's serious decline, and should the church elect to seek a trial to determine their just
compensation, it is not likely that a jury would award them less than they paid for the property just
18 months ago,
FISCAL IMPACT: Funds in the amount of $54,767,50 to cover the additional deposit to be made
into the court registry will come from the Transportation Supported Gas Tax Fund and Road Impact
Fee Funds, Source of funds are Gas Taxes and Road Impact Fees,
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary,
RECOMMENDA nON: That the Board of County Commissioners approve the Stipulated Final
Judgment as to Parcels 130FEE, 131 FEE, 132FEE and 133FEE and authorize the additional deposit
offunds in the amount $54,767,50 into the Court Registry.
Prepared By: Kevin Hendricks, Right-of-Way Acquisition Manager, Transportation Engineering &
Construction Management
Attachment: Stipulated Final Judgement
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Page 1 of 2
Agenda Item No. 1686
January 15, 2008
Page 3 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1686
Meeting Date:
Recommendation to approve a Stipulated Final Judgment for Parcels 130FEE, 131 FEE,
132FEE and 133FEE in the lawsUlt styled Collier County v. Emmanuel Evangelical Lutheran
Chureh of Naples, Inc, et aI., Case No, 07-3228-CA (011 Well Road Project No, 60044),
(Fiscal Impact $54,767,50)
1/15/2008 9:0000 AM
Prepared By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM-ROW
12/21/200711 :49:22 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM-ROW
12/21/2007 t2:01 PM
Approved By
Norm E. Feder, Ale?
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
12/26/20077:16 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
12/27/20077:56 PM
Approved By
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
12/28/2007 1 :49 PM
Approved By
Kevin H. Dugan
Project Manager
Transportation Engineering and
Construction
Date
Transportation Services
12/3t/2007 7:41 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
1/2/20083:57 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
1/3/200810:16 AM
Approved By
OMS Coordinator
Applications Analyst
Date
tile://C:\AgendaTest\Export\98-January%20 15,%202008\ 16,%20CONSENT%20AGENDA \ I.., 1/9/2008
Page 2 of 2
Agenda Item No. 1686
January 15, 2008
Page 4 of 11
Administrative Services
Information Technology
1/3/200812:45 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1/4/200811:01 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1/8/20088:05 PM
file:/ /C:IAgendaTestIExportI98-January%20 15, %202008116, %20CONSENT%20AGENDA 11.., 1/9/2008
Agenda Item No, 16B6
January 15, 2008
, Page 5 of 11
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IN THE CIRCill[' COURT OF THE TWENTIETH JUDICIAL CIRCUIT
1 IN ANI) FOR COLLIER COUNTY, FLORIDA
I CIVIL ACTION
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COLLIER COUNT';, FLORIDA,
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a political SUbdiViSiOr of the State of Florida,
, , Petitioner;
Case No,: 07-3228-CA
vs,
Parcel Nos,: 130FEE, 131FEE,
132FEE,133FEE
EMMANUEL EVANGELICAL LUTHERAN
CHURCF,l OF NAPLES, INC: a Florida non-profit
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corporation,~t aI., i
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, Responde~ts.
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TillS CAUSp
STIPULATED FINAL JUDGMENT
having come before the Court upon Joint Motion made by Petitioner,
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COLLIE* COUNT)', FLORI:qA, by and through the undersigned counsel, and Respondent,
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EMMANUEL EV Al~UELlCAL LUTHERAN CHURCH OF NAPLES, INC., a Florida non-profit
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corporation (hereafter "Respon4lent"), by and through its undersigned counsel, for entry of a
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Stipulated Final JudJuent as to Parcels 130FEE, 131FEE, 132FEE and 133FEE, and it appearing to
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the Court that the parties are I authorized to make such motion, the Court finding that the
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compens~tion to be ~aid by Peti~ioner, COLLIER COUNTY, FLORIDA, is the full compensation
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due the Respondent; and the cburt being otherwise fully advised in the premises thereof, it is
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thereupon,
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OJli)ERED F ADJqDGED that the Respondent, have and recover from Petitioner,
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COLLIER COUNTY, FLORIDA, the sum of Seventy-One Thousand Eight Hundred Twenty
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Dollars lind No/loO ($71,820,00) for Parcels 130FEE, 131FEE, 132FEE and 133FEE as full
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payment for the proP~rty interes~s taken and for damages resulting to the remainder, if less than the
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Agenda Item No, 1686
January 15, 2008
, Page 6 of 11
entire property was Itaken, business damages, and for all other damages in connection with said
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parcels; it is further
~ERED that the Resl'ondent re'Ceive from Petitioner, COLLIER COUNTY, FLORIDA,
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as a reasonable attorney's fee tihe sum of Two Thousand Five Hundred Dollars and No/lOO
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($2,500.00); and Fiv~ Thousand Two Hundred Ninety-Seven Dollars and 501100 (5,297.50) for
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the plannIng fees of Hole Montes, No other attorney's fees, expert fees or costs are awarded in this
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matter; it'is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, has previously deposited the
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amount of Twenty-F1ive Thousand Dollars and No/lOO ($25,000.00) into the registry of the Clerk
of the Circuit Court toward the ,acquisition of Parcels 130FEE, 13 I FEE, 132FEE and 133FEE at
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which time title to said parcels as described in Exhibit "AU 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 Court, Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an
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additional Forty-Six !Thousand Eight Hundred Twenty Dollars and No/lOO ($46,820.00) into the
registry of the Clerk of the Circuit Court for the benefit of Respondent; it is further
ORDERED that disbursement of the sums on deposit in the Court Registry shall be by
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further orlier of this Court; it is further
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ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final
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Judgmentientered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the total
amount of Seven Thousand Seven Hundred Ninety.Seven Dollars and 501100 ($7,797,50) made
payable t(> the GOOpLETTE 40LEMAN & JOHNSON TRUST ACCOUNT, c/o Richard D.
Yovanovi~h, Esquire, Goodlette, Coleman & Johnson, 4001 Tamiami Trail, Suite 300, Naples,
Florida 34103 for attorney's fees ,and planning fees; it is further
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Agenda Item No. 1686
January 15, 2008
. Page 7 of 11
ORDERED that title td Parcels 130FEE, 131FEE, 132FEE and 133FEE, Fee Simple
Interests,: being fUllt described in Exhibit "A" attached hereto and incorporated herein, which
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vested ill Petitioner,l COLLIER COUNTY, FLORIDA, pursuant to the Order of Taking dated
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January Q, 2008, and the deposit of money heretofore made. is approved, ratified, and confirmed; it
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is further: I :
ORDERED that this Court reserves jurisdiction to enforce the terms of this Stipulated Final
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Judgmen~; it is furth~
ORDERED that the Notice of Lis Pendens filed in this action and recorded in Official
Record JOOk 4282,1 Page 2575 et seq" of the Public Records of Collier County, Florida be
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dismisse4 as to Parcels 130FEE, 1131FEE, 132FEE and 133FEE; it is further
ORDERED that this Stipulated Final Judgment is subject to approval by the Board of
C eo' "I .. f ,)
ounty ,mrrusslOnrrs; It IS Urtfler
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ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of
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Collier Cbunty, Florida; it is therefore
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DONE AND' ORDERED III Naples, Collier County, Florida on this day of
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1,2008,
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CIRCUIT COURT JUDGE
Conform~d Copies: :
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Heidi As~ton-Cicko, Esquire
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Richard q. Y ovanoviph, Esquire
E. Glenn trucker, Esquire
Bru'Ce Betgman, Trustee
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Florida Pli>wer & Liglilt Co.
General Acceptance Corp, (address unknown)
Kevin Hehdricks, Acquisition Mgrffransp,
Bookkeeping I I
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Agenda Item No, 16B6
January 15, 2008
Page 8 of 11
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
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Petitioner, COLLIER cpUNTY, FLORIDA, together with Respondent, EMMANUEL
EVANGELICAL UjJTHERAN :CHURCH OF NAPLES, INC, a Florida non-profit corporation,
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hereby r~spectfully inoves for ;entry of the foregoing Stipulated Final Judgment as to Parcels
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130FEE, 131FEE, 132FEE and !33FEE,
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Dated:
Dated:
RICHARD D. YOVANOVICIl, ESQUIRE
Florida B~ No.: 782599 !
GOODUrrE COLEMAN & JOHNSON
4001 Tanhiami Trail North, Suite 300
Naples, It.. 34103
(239) 435-3535 - Telephone
(239) 435-1218 - Facsimile
A TTORrfEY FOR RESPONDENT
HEIDI ASHTON-CICKO, ESQUIRE
Florida Bar No.: 966770
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, FL 341I2
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
ATTORNEY FOR PETITIONER
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PROJEC~ NO, 60044
PROJECt" PARCEL NO. 130FEE
FEE SIMrLE INTEREST
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LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
Agenda Item No. 1666
January 15, 2008
Page 9 of 11
EXHIBIT --d..--
Pa~ > s _of--'..!::E.
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T~E NORTH 21 FEET OF TRACT 65A, GOLDEN GATE ESTATES
UI\.lIT NO, 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE
pt)JeLlc RECORDS OF COLLIER COUNTY, FLORIDA.
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CONTAINING 0,159 ACRES, MORE OR LESS,
EXI NGOILWE
PROl'OSEDMlOITIOKAl. RIGI-I1.OF..lHAY (2t =r\
. or ~1'F:" -.. -.. -.. -'.-~~..
FEE SIMPLE
INTEREST
WEST mY UNE.
TRACT 65A
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lGHT-OF AY I & PR 7Y 1
E,l,ST PRClF'ERiY utte
N
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R
T
H
NOT TO SCALE
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p.Jv....r..........T..n.....-...,J =_...~~.._ _ ~
Agenda Item No, 16B6
January 15, 2008
Page 10 of 11
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,--,_._- ---,-" .,._.,--,
PROJEC! NO, 60044
PROJEC PARCEL NO, 131FEE
FEE SIM , LE INTEREST
EXHIBIT ,L{
P8~ 5'Crof (bb
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
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THiE NORTH 21 FEET OF TRACT 80A, GOLDEN GATE ESTATES
U*IT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE
PUlBLfC RECORDS OF COLLIER COUNTY, FLORIDA.
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" CONTAINING 0,159 ACRES, MORE OR LESS,
fXlSTING OIL WEU. ROAO RIGHl'..o;:.WAY UNE & PROPERTY UNE
PROPOSEDACOITlt>>W.. RIGlIT-oF-W.'.Y (21 FEET)
. or ~~:.. -.. -.. _.. _.. -"
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WE:3T ?~?ERT'f UNe
FEE SIMPLE
INTEREST
EAST PROF'ER"N UWE
TRACT 80A
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NOTTO SCALE
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Agenda Item No, 1686
January 15, 2008
Page 11 of 11
_n~'~"-"'_"_ --~--.
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PROJEct NO, 60044
PROJEC( PARCELS NO, 132FEE and 133FEE
i'EE SIMFlLE INTERESTS
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EXHIBIT A
Page~"Ofjf,
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PkC.t.L l~;;l. 1"0;
niE NORTH 21 FEET OF LOT 81A. GOLDEN GATE ESTATES, UNIT
NO, 64, AS RECORDED IN PLAT BOOK 7, P/1.GE 64 OF THE PUBLIC
RElCOROS OF COLLIER COUNTY, FLORIDA; CONTAINING 0,159
A;ES. MORE OR LESS; AND '
P. Q. c ~L-+ 1>?> Ff t I
TH NORTH 21 FEET OF LOT 96A, GOLDEN GATE ESTATES, UNIT
NO. 64. AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC
REt:::ORDS OF COLLIER COUNTY. FLORIDA,
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LEGA.L DESCRIPTION
(NOT A SURVEY)
CONTAINING 0.159 ACRES, MORE OR LESS,
FEE SIMPlE
INTeREST
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