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Resolution 1994-419 JURE ]4, 1994 .., . RESOLUTION NO. 94- 419 RE,SOLOTION APPROVING THE PARTIAL SETTLEMENT OF CIRCUIT COURT CASE NO. 88-3369-CA-Ol, JOSEPH L. ABBOTT, ET AL. V. DEPARTMENT OF NATURAL RESOURCES, ET AL., AND APPROVING THE PARTIAL SETTLEMENT OF UNITED STATES DISTRICT COURT CASE NO. . 92-296-CIV-FTM-25-D, JAMES C. ABBEY, ET AL. V. DEPARTMENT OF NATURAL RESOURCES, ET AL., INVOLVING SOUTHERN GOLDEN GATE ESTATES AND CERTAIN FLOODING CLAIMS ALLEGED TO HAVE BEEN CAUSED BY COLLIER COUNTY WHEREAS, Collier County is a Defendant in a State cause of action filed by approximately twenty-eight hundred (2,800) lot owners situated in the Southern Golden Gate Estates subdivision, said case styled Joseph L. Abbott. et al. v. Department of " Natural Resources. et a 1. , Circuit Court Case No. '92-~96~crv-FTM-25-D and Collier County is a defendant in a ", Federal cause of action styled James C. Abbey. et al. v. Department of Natural Resources. et a1., Case No. 92-296-CIV-F'l'M-2.5-D, inVOlving approximately five hundred (500) . Plaintiffs; and . WHEREAS, the Plaintiffs' claims against the Defendants, Department of Natural Resources (now known as the Department of Environmental Protection), Department of Transportation and Collier County, Florida, are in the nature of inverse condemnation for an alleged taking of the Plaintiffs' properties due to condemnation blight, loss of access and flooding; and WHEREAS, the Plaintiffs' claim for condemnation blight is alleged to have been caused by the acquiescence of Collier County in acceding to action by the State of Florida concerning the ~I purchase by the Florida Department of Natural Resources (now known as the Department of Environmental Protection) of all lots within the Southern Golden Gate Estates subdivision area, pursuant to requirements established by the Department of Community Affairs' to enter into a Comprehensive Plan Settlement Agreement with the County; and S:. :.t~. JiI:',' ''T' :~~:~.\ .1}'j::-, I~' ~{, }-~~;- 'lh?' ...~. ~".: l;.t~. ~,.,~ ";.!'1., ?;< ,ft~-' ~~~-;~ JURE ]4, ]994 WHEREAS, the purchase by the state of Florida of the Southern Golden Gate Estates area and the dismissal of Count I of the Plaintiffs' complaints regarding flooding will benefit all citizens of Collier County; and WHEREAS, the purchase by the state of Florida of the lots within the Southern Golden Gate Estates and settlement of the above lawsuits would be consistent with the requirements of the Settlement Agreement between Collier County and the Department of Community Affairs; and WHEREAS, the Plaintiffs have agreed to dismiss Count I of the Amended Complaint filed in Abbott and Count I of the Complaint in Abbey regarding Collier County's liability for flooding; and WHEREAS, in the event the State of Florida and the Plaintiffs can settle the above-referenced lawsuits, resulting in the purchase of the real property at a fair market value, agreeable to both parties, the real property would be transferred to the ownership of the State of Florida and the above-referenced lawsuits against all parties would be dismissed; and WHEREAS, as the sole purpose of this Resolution is a part of the on-going settlement negotiations between the Plaintiffs and Collier County and to encourage the Plaintiffs and the state of Florida to reach an amicable settlement, the parties have agreed that no portion of this Resolution may be utilized by the other party during any subsequent trial, if necessarj, in any manner. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it is the desire of the Board of County Commissioners, and in the interest of the citizens of Collier County, and in furtherance of the Comprehensive Plan Settlement Agreement between the Department of Community Affairs and Collier County, that the State of Florida, through its Department of Natural Resources (now known as the JUNK 14, 1994 Department of Environmental Protection) and the Department of Transportation, be encouraged to negotiate and reach a settlement in the above-referenced lawsuits in a manner that provides for the state of Florida to purchase the area commonly known as the Southern Golden Gate Estates for an amount mutually agreeable between the Plaintiffs and the state of Florida. This Resolution adopted a fter motion, second and maj or i ty vote. .: :!.~~r~~'~. . " . '. .1-,"' "'. ..:.: 1 ,....' ". ~.' ~.:..' ~',,/,. , ............~-:.. .) oJ I~ ::. J",- O': 0' ,.I.~: :r~_: _. .:. ::...~:.':. ",,,' 'A'tT1:"ST- ",\,'. (' f ',., , .. ~.'i..'" . .'.,~:"4,r ....~~~:~..-;,; . ....~~~.. ........._. (".Iroi:o.(J , .. ." .,~ .. ~.... , . D~.i:GH'J;':~~ii~Roci~ :CLE'RK .. .. ':;,if.~ '~.'~"'1J.~::: -. .. :.-:: , .' ':, "'", .;I.r~'~ ~~. ., # .. _, , '. ".:.;" :r;~" . ; . . . .....- .. .. .. -,'d-l.~"~. (;"CCL~':k'#~ #. ~ ~". /. ".... , ..1......... C: /(//9(/ . CONSTANTINE, APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By- ~~ . DAV E.~ANT ASS ST '1' COUNTY ATTORNEY " DEB/wbel141 aDOK 000 PAGt 72 "