Agenda 01/15/2008 Item #16K 8
"::-;,T. ::!(,8
-, ~~D~'8
'i o~ 9
-
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final .Judgment in the amount of $115,000.00 for
Parcels 143FEE and 143RDlJE in thc lawsuit sl)led Collier County 1'. Rupert TenT Dupree aka
R. Terry Dupree, et of., Case No. 07-3328-CA (Oil Well Road Project No. 60044). (Fiscal
Impact $77,750.00)
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for
payment of full compensation, attorney's iCcs and costs for the taking of Parcels l43FEE and
143RUE in the lawsuit styled Collier County 1'. Rupert Teny Dupree aka R. Teny Dupree, et aI.,
Case No. 07-3328-CA (Oil Well Road Project No. (0044).
CONSIDERA TIONS: Collier County sceks to condemn a 1 OO-foot wide strip ofright-ot:way on
Oil Well Road and a 30-foot widc strip of right-ol~way on Everglades Boulevard ti'om property
owner. Rupert Terry Dupree aka R. Terry Dupree. The County offered the owner $94,460 in the
County's statutory offer dated July 3. 2007.
An Order of Taking hearing was held on January 4,2008 and the County will be depositing the sum
of$37,400 in the Court Registry.
_.
The County's initial appraisal dated February 9, 2007 valued the taking at $71,600 using residential
values. The updated appraisal report dated November 9. 2007 shows a declining market with a
market value of $37,400 for the taking applying rcsidential values. Owncr valued the taking at
$291.500 claiming a commercial potential because lhis property is located at the corner of Oil Well
Road and Everglades Boulevard.
Before the County's appraiser completed his appraisal updates for condemnation. a settlement
conference was held on November 8. 2007 at the Office of the County Attorney with TranspOliation
Right-of-Way Acquisition staft~ thc' property owner, the Owner.s attorney. the owner's appraiser
and the owner's land planner; and while a setllement was not reached that day, an offer to settle was
left "on the table" by the County to "ctlle the case at $2.52 per square foot (which was the amount
that the County had orally utTered fClr the property back in September, 2006). Subsequently. the
County's offer was rcdueedto $2.52 per square font including attorney fees and expert costs.
Both the County and the o\\ner agree that the pn'pcrty has a reasonable probability of rezone to
commercial. Owner's expert claims lhc comprehensive plan amendment and rezone can be done in
three years and the County's expert will testifY thaI it may occur after ten years. Staff recommends
this settlement because the County has sc,me expc1sure for severance damages due to the size and
shape of the remainder tract and some exposure for increased land value based on speculation that
the property has commercial potential. If V\ e proceed to mediation, exper1 fees and costs of the
County's experts and O\lner's expert' are estimated at $20.000. Ifajury verdict splits the County's
value and the owner's value, full compensation would be $165,500.
Through negotiation the par1ies hale agreed to a total compensation in the amount of $ I 15,000
inclusive of attorney's fees and costs associated with the taking. Attached is the proposed
Stipulated Final J udgmellt.
Ifapproved. the County will be responsible lor thc hllowing cusls:
. Additional Deposit:
. Clerk's F'ce:
. Expert Fees and Costs:
. Reasonable Attorney's Fees:
TOTAL
5; 77.600.00
5; 150.00
$ Included
5; Included
5; n 750.00
FISCAL l'\tPACT: Funds in the amount of 5;77,750.00 will cume from the Transportation
Supponed Tax Fund and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of' COU11ly Commissioners approvc the Stipulated Final
Judgment as to Parcels 143FE[ and l43RDUE and authorize the deposit of funds into the COllli
Registry and paymcnt of the funds as stated.
PREPARED BY: Heidi Ashton-Cicko, /\ssistanl County Attorney
Page lof2
:1
COLLIER COUNTY
_ .,-'"- :H. C:" C:C~~Jj\n' ::':;:;::F,1;S..,i': i:::.F':S
Item Number:
-,~j'<3
Item Summary:
F~2Cc."nil-i'2r~.j~iti:':" tD J~:';:'rCi,IS a Sti:JUl2ted FI:',,:,: Jc!c:2~!~_'nt in the ul1lCLi'lt co; :::1"1 5C:<)C~<: f:r
~):-".rC'?!3 L.j:'::;=~E Olrld ~:::;F:D:JE In the iaw:,ui1 s:yl-:-~d Cc;!iisr Cour<y v ?upert Ter~y u'.ifAee
aka F' ieiiy C)cli:;rc:S
;.! C2Se r'!G C-;--3::;:'c,,,C/'=jj' ~^,J6T P::.a:', i=-'rC)I~;:-.: t\:O C;c-)J">:4i
?c'" I
I: il"":~'
'iCJ_]C1i
Meeting Date:
'15,'20~:S ?:' ~:O<'CI LJ/I
Prepared By
Heidt F. ;\sh:cn
/.s:; i:,tan: C ;;;u!1ly t,_ t: 0; :,'.':\'
[;;::9
Cmm:y t ao;ne~
C~ur:y ~t:~,rn';;)' :jf;jc~
"?':'e'20:'; :.1:30;:::::: ~'M
Approved By
~::'~V:i-, ri,,<,::.:.:....::k~,
F:i;;h: 0'- II.';:")' t<;qu;5;li::)n....;.;ar,,"~;'(,r
""''0,-''''
T"8.nsoG!'ia~jcm '?2tyi:::c<3
T::::::L~-RJ\.!\!
'j,';?,'2C:<': ~ 2:27 ::::>ill
A ppro\'cd By
Lic,a -: 2~ci'~'r
~J<an- C""" r t L:~~'':' i- "- :;01:.-""
::-~ 2. ~:;
'r2r'~:cO:.~<)r;,3~t0"-,::' ::.:rv::::>" s
,t'",,;; ;:'0,':2:1:):" Ii;:;",;:"" ",F"
" /:,':2:"D[: ;..:. -' :~L"
A,pllnl\-ed By
,c,.,_
'Y"l ;\---,
,.-',..,'
E."~-" ,-,:, .~,
S ~J ,"I:r;
"'~;,~J
Appro\"f'lf By
A ppro\'l'd By
,",',S',,':-
L",' "
,p.,"
,1'
A PIHO\'t'd B)
I:j'
:;Ui',iy ,,:t:,,;} TI'
.~ (;,':' r .' ,,00\
',( :, ~ c,~, F'! Ii
Apprcl\cd By
'.JL~ 3:>:.',:- i:'/::, st~; ~
l,;'p;i:;a~;::Y.'~ _'';".- ',,,
:~t(,
I :::-:i"ir',js:U}~:Ii', ~
'~I -: [. :: ~
.' ~):"
'i,;,..;.,.3
:-.','
Approved By
v_,c... ',,'St;.;:;f
"" "io:' f/; __
(}E':. t\r"'d ';;-,
C'.__"
"..>",:
)f~i>~'
~,; ".. ,
, :u ~ ' r' ~j"_
::::lJ;,'i'
?:\;1
filp'//(~'\ A. oPllr1qTpc.:1\T:ynnrt\Q5L l'mll~.lJ.\..o/,')n 1" o.;,"1(nnns;l\ I r:. 0 :,J(}C'CYt\.l,rl\.lTo..;.')() i\ r;I~'l\.ln,1. \.
I/c}/')()()s;l
Appron'd B~
-'
" :.-~: ( t
.1:U,f
r;L~, i fr.\' A n,.nci"Tn.-j\ r=-.....,....,-".1" OQ I.,n, ,,,,., ,0,<_ ,1'1 ! , 0,': ,1I,n(\V\ 1/~ 0/, ,l\t-'{\1\.i c.' Ll\. "1'0/ ,n ^ (-: Ll\.1 f'\ !\
PJ:2e'Of'
11(\i,flfI(J
o
c':; ~J
IN THE CIRCUT OOURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN A1\1) FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNIY, FLORIDA, a political subdivision
of the State of Florida,
Petitioner,
Case No.: 07-3328-CA
vs.
Parcel Nos.: l43FEE, 143RDUE
Rl.iPERT TERRY DUPREE AKA R. TERRY
DUPREE, et a!.,
Respondents.
/
STIPl3LA TED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondent,
RUPER"I; TERRY DUPREE aka R. TERRY DUPREE (hercafter "Respondent"), by and through
his undersigned counsel, for cntry of a Stipulated Final Judgment as to Parcels l43FEE and
l43RDUE, and it appearing to the Coun that the panies are autborized to make such motion, the
Court finding that the compensation to be paid by Petitioner, COLLIER COl.J]>.,lY, FLORIDA, is
the full compensation due tbe Respondent, and tbe Court being otherwise fully advised in the
premises thereof, it is thereupon,
ORDERED AND ADJUDGED that the Respondent, bave and recover from Petitioner,
COLLIER COUNTY, FLORIDA, the sum of One Hundred Fifteen Thou~and Dollars and
No/tOO ($115,000.00) for Parcels l43FEE and l43RDCE inclusive of attorney's fees, expert fees
and costs, as full payment for the property interests taken and for damages resulting to thc
remaindet, if less than the entire property was taken, business damages. and for all other damages in
connection with said parcels: it is further
1
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, has previously deposited rhe
amount of Thirty-Seven Thousand Four Hundred Dollars and No/100 ($37,400.00) into the
registry of the Clerk of the Circuit Countoward the acquisition or Parcels l43FEE and 143RDUE
at which time title to said parcels as described in Exhibit "A" vested in the name of Petitioner; it is
further
ORDERED that within thiny (30) days of receipt by Petitloner of the Stipulated Final
Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an
additional Seventy-Seven Thousand Six Hundred Dollars and No/100 ($77,600.00) into the
registry of the Clerk of the Circuit Court for the benefit of Respondent; it is funher
ORDERED that disbursement of the sums on deposit in the Court Registry shall be by
further order of this Court; it is further
ORDERED that title to Parcel 143FEE, a Fee Simple Interest, and Parcel 143RDUE, a
Perpetual, Non-Exclusive Road Right-of-Wa\', Drainage and Utility Easement, being fully
described in Exhibit "A" attached hereto and incorporated herein. which vested in Petitioner,
COLLIER COUNiY, FLORIDA, parsuant to the Order of Taking dated January 4, 2008, and the
deposit of money bcretofore made, is approved, ratified, and conrmned: it is further
ORDERED that this Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment; it is further
ORDERED that the Notice of Lis Pendens filed in this action and recorded in Ol1icial
Record Book 4284, Page 1714 et seq., of the hIblic Records of Collier County, Florida be
dIsmissed as to Parcels 143FEE and 143RDUE: it is funher
ORDERED that this Stipulated Final Judgment is suhject to approval by the Board of
County Commissioners; it is further
OlU)ERED that this Stipulated Final Judgment is to be recorded in the Official Records of
Coliier County, Florida: it is therefore
2
:"
DONE AND ORDERED in Naples, Collier County, FIOlida on this
day of
,2008.
CIRCUIT COURT JUDGE
Conformed Copies:
Heidi I'. Ashton, Esquire
Bella Y. Patel, Esquire
Sandra Linle, Esquire
E. Glenn 1r ucker, Esquire
Countrywide Home Loans, Inc.
Countrvwide Bank NA
Gulf c;aSt Restoration Service LLC
Kevin Hehdricks, Acquisition MgrfTransp.
Bookkeeping
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
P~titioner, COLLIER COUNTY, FLORIDA, together with Respondent, RUPERT TERRY
DUPREE aka R. TERRY DCPREE, hereby respectfully move for entry of the foregoing Stipulated
Final Jud~ent as to Parcels 143FEE and 143RDUE.
Dated:
Dated:
0([>-
HEIDI ASHTON-CICKO, ESQUIRE
Florida Bar No,: 966770
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, FL34112
(239) 252-8400 - Telephone
(239) 774-0225 - Facsimile
ATTORNEY FOR PETITIONER
BELLA Y. PATEL, ESQUIRE
Florida Bar No.: 961670
BELLA y. PATEL, P.A.
13026 Waterf ord Run Dri ve
RivervieVi', FL 33569
(813) 643~2762 - Telephone
(813) 643L2612 - Facsimile
ATTORNEY FOR RESPONDENT
3
PROJECT 1m. 60044
PROJECT PARCELS NO. 143FEE
FEE SIMPLE INTEREST
EXHIBIT Ii
Page Sf of I r;~
--
lEGAL DESCRIPTION AND SKETCH
(NOT A SURVEY)
\
I
,
\
\
I
I
ITHE SOUTH 100 FEET OF TRACT 116, GOLDEN GATE ESTATES,
UNIT NO. 64, AS RECORDED IN PLAT BOOK 7, PAGE 64 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 0.803 ACRES, MORE OR LESS.
I
-.-.,
,
Ir5:~ fer, ~.::'ST HA'..F 0" !:VEP.~LADES 9:"VC. RM)
'----'--
i
I
, .
i I
, .
\, "nJ=u~
,
,
I
VIS~.TPR:::P2"T'i\..1t4E \
-"----+1
FEE SIMPLe TRACT 115
INTEREST-
I
1-" -. . _.. -.. - .. -. . - ..'-.
,
I
I :Jp.:'POSE.O f,C::"'IONN. o,IG'-F-QF.V.'';Y (i'Xl F:::CT}
-1.Xl~ILWEW..5::'lA''' ::P.I~ _'l"-\V~Y lit,", ~ "i:10P'=P:r:t..e!:E- \
,
l 1[J.,FFE
/~
"-l r"-
I
'N
o
R
T i
\ H \
I,,^'J
Nor TO SCALE
G~llla::CoJ~\1f1rar~;:<m""M" """;"A~~__ . "
PROJECT NO. 68044
PROJECT PARCELS NO. 143RDUE
PERPETUAL. NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
LEGAL DESCRIPTION AND SKETCH
(NOT A SURVEY) . PERPE11J..\l. NON-exCLUSI\IE
'lOAD RIGHT -oF-wo'Y 0RAlN.\Ge
AND UTIUTY EASEMENT
I
'\
THE WEST 30 FEET OF THE EAST 80 FEET, LESS THE SOUTH 100
FEET, OF TRACT 116, GOLDEN GATE ESTATES, UNIT NO. 64, AS
RECORDED IN PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS :
a, caLUER COON;'<, 'LaRlaA. .
CONTAINING 0.153 ACRES,iVI0RE OR LESS.
EA'iTFRl)l'J"'~
j
2:; HAlf OF D:IS7iflj 100 FOOT I{[iD:' ;:VERG:.AQ:':S BCJlJ~VAR.D RiGH OF V,'AY ~
-..-. T-..----..--.-1-..-.--..---..-..-..-..-..-..-.. .--,.-..-..-,
\ ~~o.s=:...Al?~r~~.R~T~~~YY~ ~EE1
EXHIBIT ,"'1
Page S:-"( of-1te.
-..-..-.--..-..-..-..-..-.--..---.-..-..-..-..-,--..-.'-'-"--'-"-"
I
_~RT;..J ~R(PP'""Y Ilr.'~ ~ I
TRA.CT 116
I
I
I
I
i S3J.m-: PR.:PFRTY lI"i'"
+-- .
100Ftct
/f
/ i
I
,
I
_ EXISTJNG.?ll WELlRD~HT-QF-WA'l' LINE 1.. rROPl::RTY UtlE
/1
~
NORTH
/
'"
NOTTO SCALE