Agenda 01/12/2016 Item #16K 4 1/12/2016 16.K.4.
EXECUTIVE SUMMARY
Recommendation to approve a Final Judgment as to Bank of America, N.A.'s interest in
Parcels 113FEE and 113TCE as part of the US-41 / Collier Boulevard Intersection
Improvement Project, Project No. 60116. (Fiscal Impact: $5,040.00)
OBJECTIVE: To settle the lawsuit styled Collier County v. New Plan Florida Holdings, et al,
as to Bank of America,N.A.'s interest in Parcels 113FEE and 113TCE and eliminate exposure to
further costs arising out of extended litigation.
CONSIDERATIONS: Parcels 113FEE and 113TCE were taken by Collier County for the
purpose of constructing at-grade improvements to the intersection of US-41 and Collier
Boulevard. The parent tract property is a shopping center known as Freedom Square which is
home to many businesses.
Bank of America, N.A. is the holder of a reciprocal access easement over New Plan Florida
Holdings shopping center property from which Parcels 113FEE and 113TCE were taken. As
such, Bank of America had to be served as a party defendant in the eminent domain lawsuit
styled Collier County v. New Plan Florida Holdings, et al, and has the right to claim
compensation for their easement interest in the taken property.
Bank of America has agreed to full compensation for their interest taken in the amount of
$5,000.00, inclusive of attorney fees and expert witness costs. Once approved, the County
Attorney's Office will file the attached Joint Motion with the Circuit Court. In addition to the
$5,000.00 in compensation, the County will also be obligated to pay approximately $40.00 in
recording fees.
FISCAL IMPACT: Funds in the amount of$5,040.00 are available in the project. Source of
funds are gas taxes and/or impact fees.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires a majority vote for Board approval. -ERP
RECOMMENDATION: To approve the attached Joint Motion for Final Judgment and
authorize the payment of funds as stated herein.
Prepared by: Emily R. Pepin, Assistant County Attorney
Attachments: (1) Joint Motion for Stipulated Final Judgment; (2) Location Map.
[13-0238-CA/1230232/1]
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.4.
Item Summary: Recommendation to approve a Final Judgment as to Bank of America,
N.A.'s interest in Parcels 113FEE and 113TCE as part of the US-41/Collier Boulevard
Intersection Improvement Project, Project No. 60116. (Fiscal Impact: $5,040)
Meeting Date: 1/12/2016
Prepared By
Name: AllenDebbie
Title:Legal Office Administrator, CAO Office Administration
12/29/2015 10:54:15 AM
Submitted by
Title:Assistant County Attorney, CAO Litigation
Name: PepinEmily
12/29/2015 10:54:17 AM
Approved By
Name: HendricksKevin
Title: Manager-Right of Way, Transportation Engineering&Construction Management
Date: 12/29/2015 11:00:21 AM
Name: KearnsAllison
Title:Manager-Financial&Operational Sprt, Capital Construction&Maintenance Budget/Fiscal
Date: 12/30/2015 9:29:46 AM
Name: TaylorLisa
Title: Management/Budget Analyst, Senior, Capital Construction&Maintenance Budget/Fiscal
Date: 12/30/2015 9:37:07 AM
Name: KearnsAllison
Title: Manager-Financial&Operational Sprt, Capital Construction&Maintenance Budget/Fiscal
Date: 12/30/2015 2:14:04 PM
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Name: AhmadJay
Title:Division Director-Transportation Eng,Transportation Engineering&Construction Management
Date: 12/30/2015 2:19:04 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Administration
Date: 12/30/2015 2:23:53 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 12/30/2015 2:28:44 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/30/2015 2:41:01 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 12/31/2015 1:55:50 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 1/4/2016 9:54:37 AM
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IN 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,
Case No.: 13-CA-238
Petitioner,
PARCELS: 113FEE and 113TCE
vs.
NEW PLAN FLORIDA HOLDINGS, LLC,
a Delaware limited liability company; et al.,
Respondents.
PETITIONER COLLIER COUNTY AND RESPONDENT BANK OF AMERICA'S
STIPULATED MOTION FOR FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, BANK OF
AMERICA, N.A., by and through their undersigned counsel, hereby respectfully move for entry
of a Stipulated Final Judgment regarding Respondent's interest in Parcels 113FEE and 113TCE
attached hereto as Exhibit"1".
Dated: 12 t Z� t 5 Dated:
FRED RDIN ,ESQUIRE EMILY R. PEPIN,ESQUIRE
Florida Bar No. 0614483 Florida Bar No. 92956
Buchanan Ingersoll &Rooney, PC Collier County Attorney's Office
401 E. Jackson Street, Suite 2400 3299 East Tamiami Trail, Suite 800
Tampa, Florida 33602-5236 Naples, FL 34112
(813) 222-3302—Telephone (239) 252-8400-Telephone
(813) 222-8189-Facsimile (239) 774-0225 - Facsimile
COUNSEL FOR RESPONDENT, COUNSEL FOR PETITIONER
BANK OF AMERICA, N.A. emilypepin@colliergov.net
fred.werdine @bipc.com ienniferbelpedio@colliergov.net
Cyndi.dyson@bipc.com nancybradley @colliergov.net
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Stipulated Motion for Final
Judgment was electronically filed with the Florida Courts E-Filing Portal which will send a
notice of electronic filing to parties appearing via electronically, and by U.S. mail to parties as
indicated on the Service List below on this day of December, 2015.
BY:
EMILY R. PEPIN, ESQUIRE
SERVICE LIST
Parcels 113FEE,113TCE
Bank of America, N.A., a national association
do Fred S. Werdine, Esquire
Fowler White Boggs, P.A.
fwerdine @ fowlerwhite.com
cyndi.dyson @ fowlerwhite.corn
13-0238-CA#1609
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IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY,
FLORIDA
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida,
Petitioner, Case No.: 13-CA-238
V. PARCELS: 113FEE and 113TCE
NEW PLAN FLORIDA HOLDINGS, LLC,
a Delaware limited liability company; et al.,
Respondents.
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent,
BANK OF AMERICA, N.A., by and through its undersigned counsel, for entry of a Stipulated
Final Judgment as to Parcels 113FEE and 113TCE for Project No. 60116 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 Respondent, BANK OF
AMERICA, N.A., and the Court being otherwise fully advised in the premises thereof, it is
thereupon
ORDERED AND ADJUDGED that Respondent, BANK OF AMERICA, N.A., have and
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Five Thousand and
No/100 Dollars ($5,000.00) as full compensation for Respondent's interest in Parcels 113FEE
and 113TCE, any and all damages, statutory interest, attorney's fees, and expert fees and costs in
Exhibit"1"to Stipulated Motion for Final Judgment
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connection with said parcel; it is further
ORDERED that within thirty (30) days hereof, Petitioner shall pay the total sum of Five
Thousand and No/100 Dollars ($5,000.00) to Buchanan Ingersoll & Rooney, P.C. Trust
Account, do Fred Werdine, Esquire, 401 E. Jackson Street, Suite 2400, Tampa, Florida 33602-
5236; it is further
ORDERED that this Order disposes of all of Respondent BANK OF AMERICA,N.A.'s
claims arising out of the taking of Parcels 113FEE and 113TCE that have or could have been
asserted in this cause; it is further
ORDERED that fee simple interest to Parcel 113FEE and temporary construction
easement interest to Parcel 113TCE, being fully described in Exhibit "A" attached hereto and
incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated March 13,
2013, and the deposit of money heretofore made is approved, ratified, and confirmed; it is further
ORDERED that the Court reserves jurisdiction to enforce the terms of this Stipulated
Final Judgment; it is further
ORDERED that this Final Judgment is to be recorded in the Official Records of Collier
County, Florida; it is further
DONE AND ORDERED in Chambers at Naples, Collier County, Florida,this
day of , 20 .
HONORABLE CYNTHIA A. PIVACEK
CIRCUIT COURT JUDGE
Conformed copies to:
Emily R.Pepin,Esq., Counsel for Petitioner, emilypepin @colliergov.net
Fred Werdine,Esq., Counsel for Respondent Bank of America, fwerdine @fowlerwhite.com
Kevin Hendricks,Transportation ROW Acquisition Manager, kevinhendricks @colliergov.net
CIerk's Office,Accounting
Exhibit"1"to Stipulated Motion for Final Judgment
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LEGAL DESCRIPTION — PARCEL 113FEE INTEREST
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF TRACT 16, LELY RESORT PHASE 1, AS RECORDED IN PLAT BOOK 16, PAGE
87, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY
UNE OF U.S. 41;
THENCE N54'20'28'W FOR 79.85 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF U.S. 41;
THENCE N35'39'04'E FOR 15.00 FEET ALONG THE WESTERLY BOUNDARY OF TRACT 3E, FREEDOM SQUARE. AS RECORDED
IN PLAT BOOK 22, PAGE 56 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE LEAVING SAID WESTERLY BOUNDARY 554'20'28"E FOR 79.85 FEET;
THENCE S35'39'04"W FOR 15.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID TRACT 3E, TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 1,198 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
TECM-ROW
JUN 15 2012
liaiK,
MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5.301 DATE SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
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PARCEL 113FEE: RIGHT-OF-WAY 5810 Willow Park Drive.SAle 200
Replan', 34109
PREPARED FOR COLLIER COUNTY COVIIWMENT/BOARD OP COUNTY COMMISSIONERS Phone:(Z49)59745 S Flexaa 39)5W-057B
LB No.:5962
JOB NUMBER I REVISION 1 SECTION TOWNSHIP I RANGE I +"SCALE^ I DATE DRAWN BY FILE NAME SHEET
090081.00.00 2 3 I 515 ^'9/12 I R.A.K. SKD_113FEE 1 OF 1
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A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH. RANGE 26 EAST. COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF TRACT 3E, FREEDOM SQUARE, AS RECORDED IN PLAT BOOK 22, PAGE 56.
OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA;
THENCE N35•39`04"E FOR 15.00 FEET ALONG THE WESTERLY BOUNDARY OF SAID TRACT 3E;
THENCE LEAVING SAID WESTERLY BOUNDARY S54'20'28"E FOR 7.83 FEET, TO THE POINT OF BEGINNING OF THE PARCEL
DESCRIBED HEREIN;
THENCE N35'39'32"E FOR 10.00 FEET;
THENCE 554'20'28"E FOR 55.00 FEET;
THENCE S35•39'32"W FOR 10.00 FEET;
THENCE N54'20'28"W FOR 65.00 FEET. TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 650 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
TECM - ROW
TEMPORARY JUN 15 2012
CONSTRUCTION EASEMENT
/11011A- DURATION 3 YEARS.
MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LSI 5301 DATE SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
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PREPARED FOR: COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(2301697-0675 75 FAX:12301607.0670
LB No 8202
JOB NUMBER I REVISION I SECTION I TOWNSHIP RANGE l SCALE DATE DRAWN BY FILE NAME SHEET
090081.00.00 2 3 51S 1 26E f 1" = 40' I 6/8/12 I R.A.K. I SKD_113TCE ( 1 OF 1 \
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