Agenda 02/09/2016 Item #16K 1 2/9/2016 16.K.1.
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion and Stipulated Final Judgment in the amount
of $12,000 for Parcels 102DUE and 102TCE, in the lawsuit captioned Collier County v.
Henry Allen Fish, et al,Case No. 2015-CA-1810,required for the Intersection Improvement
Project No. 60016. (Fiscal Impact: $4,870)
OBJECTIVE: That the Board approve a Joint Motion and Stipulated Final Judgment in the
amount of$12,000.00 concerning Parcels 102DUE and 102TCE for the construction of roadway
and related drainage and utility improvements at the intersection of Lake Trafford Road and
North 19th Street, Immokalee(Project 60016).
CONSIDERATIONS: On January 6, 2016, Collier County condemned Parcels 102DUE and
102TCE and deposited $7,300.00 into the Court registry as a good faith estimate of value
pursuant to an Order of Taking in the lawsuit styled Collier County v. Henry Allen Fish, et al,
Case No. 2015-CA-1810. Parcel 102DUE is required for the construction of the Project and is a
perpetual, non-exclusive drainage and utility easement. Parcel 102TCE is required for the
construction of the Project and is a temporary, construction easement duration two years. Both
Parcels are owned by Henry Allen Fish. An Aerial of Parcels 102DUE and 102TCE is attached.
Through negotiations, the parties agreed to total compensation in the amount of$12,000.00. If
approved, the County will be required to pay an additional $4,700.00, plus $170.00 ($4,870) for
the Clerk's Registry deposit fee.
The County Attorney's Office and Staff recommend approval of this Stipulated Final Judgment
since a better result is not anticipated at trial. Upon approval, the County Attorney's Office will
file the Joint Motion and Stipulated Final Judgment with the Circuit Court.
FISCAL IMPACT: Funds in the amount of$4,870 will be paid from gas taxes and/or impact
fees from Lake Trafford Road / North 19th Street Project No. 60016. The primary funding
source for the acquisition of right-of-way is impact fees. Should impact fees not be sufficient
within a particular project,the secondary funding source will be gas taxes.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been prepared by the County Attorney's Office,
is approved as to form and legality, and requires a majority vote for Board approval.—JAB
RECOMMENDATION: That the Board of County Commissioners approve the attached Joint
Motion and Stipulated Final Judgment, and authorizes the payment of funds as stated herein.
Prepared By: Jennifer A. Belpedio,Assistant County Attorney
Attachments: Joint Motion and Stipulated Final Judgment; Aerial of Parcels 102DUE and
102TCE
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.1.
Item Summary: Recommendation to approve a Joint Motion and Stipulated Final
Judgment in the amount of$12,000 for Parcels 102DUE and 102TCE, in the lawsuit captioned
Collier County v. Henry Allen Fish, et al, Case No. 2015-CA-1810, required for the Intersection
Improvement Project No. 60016. (Fiscal Impact: $4,870)
Meeting Date: 2/9/2016
Prepared By
Name: AllenDebbie
Title: Legal Office Administrator, CAO Office Administration
1/20/2016 3:42:49 PM
Submitted by
Title:Assistant County Attorney, CAO General Services
Name: BelpedioJennifer
1/20/2016 3:42:50 PM
Approved By
Name: TaylorLisa
Title:Management/Budget Analyst, Senior, Capital Construction&Maintenance Budget/Fiscal
Date: 1/20/2016 3:49:33 PM
Name: ShueGene
Title:Division Director-Operations Support, Growth Management Department
Date: 1/21/2016 6:15:25 PM
Name: AhrnadJay
Title:Division Director-Transportation Eng,Transportation Engineering&Construction Management
Date: 1/25/2016 8:39:39 AM
Name: KearnsAllison
Title:Manager-Financial &Operational Sprt,Capital Construction&Maintenance Budget/Fiscal
Date: 1/26/2016 11:59:00 AM
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Name: HendricksKevin
Title: Manager-Right of Way,Transportation Engineering&Construction Management
Date: 1/28/2016 9:18:38 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 1/28/2016 9:24:39 AM
Name: BelpedioJennifer
Title:Assistant County Attorney,CAO General Services
Date: 1/28/2016 10:27:43 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/28/2016 4:09:58 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Management&Budget
Date: 1/29/2016 9:23:06 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 1/31/2016 12:53:52 PM
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Prepared for and property of Collier County Board of Commissioners. Page 34
Reliance upon the appraisal for other uses is not warranted.
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I '
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,
Petitioner,
v. Case No.: 15-CA-1810
HENRY ALLEN FISH; LEE COUNTY ELECTRIC PARCELS: 102DUE and 102TCE
CO-OPERATIVE, INC.,IMMOKALEE RRH,LTD;
UNITED STATES OF AMERICA, acting through the
FARMERS HOME ADMINISTRATION,UNITED
STATES DEPARTMENT OF AGRICULTURE
Respondents.
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent,
HENRY ALLEN FISH,pro se, for entry of a Final Judgment as to Parcels 102DUE and 102TCE,
for Project No. 60016, 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, HENRY ALLEN FISH, and the Court being otherwise fully advised in the
premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondent, HENRY ALLEN FISH, have and
recover from Petitioner, COLLIER COUNTY, FLORIDA,the total sum of$12,000.00 for Parcels
102DUE and 102TCE, as full payment for the property interest taken and for damages resulting to
the remainder, if less than the entire property was taken, and for all other damages, statutory
interest, attorney's fees, and expert fees and costs in connection with said parcel;it is further
[15-CA-1810/1228957/1] o 1 „a1
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ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good
faith estimate of value to be deposited in the amount of$7,300.00, as payment for acquisition of Parcels
102DUE and 102TCE,at which time title to said parcel as described in Exhibit"A"will vest in the name of
the Petitioner; it is further
ORDERED, that immediately upon deposit, the Clerk shall disburse from the Court Registry the
amount of$7,300.00 to Henry Allen Fish,321 W.Main Street,Immokalee,FL 34142;it is further
ORDERED, that within thirty (30) days of entry of this Final Judgment, Petitioner shall pay the
total sum of$4,700.00 to Henry Allen Fish, 321 W. Main Street,Immokalee,FL 34142, in additional funds
over the amount previously deposited in the Court Registry; it is further
ORDERED that this Order disposes of all claims arising out of the taking of Parcels 102DUE and
102TCE, and that have or could have been asserted in this cause; it is further
ORDERED that a Perpetual,Non-Exclusive Drainage and Utility Easement to Parcel 102DUE,and
a Temporary Construction Easement Duration Two Years to Parcel 102TCE, being fully described in
Exhibit "A" attached hereto and incorporated herein, which vests in Petitioner pursuant to the Order of
Taking dated January 6, 2016, and with the deposit of money to be made, is approved, ratified, and
confirmed; it is further
ORDERED AND ADJUDGED that the Amended Notice of Lis Pendens filed in the above-styled
cause and recorded in Official Record Book 5208, Page 3391 of the Public Records of Collier County,
Florida be dismissed as to Parcels 102DUE and 102TCE; it is further
ORDERED that the Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment; it is further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier
County,Florida; it is further
ORDERED that Respondent, Lee County Electric Co-Operative, Inc., shall be granted ninety (90)
days from the date of deposit to relocate utility infrastructure, if any,from Parcels 102DUE and 102TCE
[15-CA-1810/1228957/1] no--)
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DONE AND ORDERED in Chambers at Naples, Collier County,Florida,this day of
, 201 .
HONORABLE JAMES R. SHENKO
CIRCUIT COURT JUDGE
Petitioner,COLLIER COUNTY,FLORIDA,together with Respondent,HENRY ALLEN FISH,hereby
respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcels 102DUE and
102TCE.
HE ,- FISH JE7 FERA.B
EL IO
0 'ER Florida Bar No. 186030
321 W. Main Street ASSISTANT COUNTY ATTORNEY
Immokalee, FL 34142 Collier County Attorney's Office
3299 East Tamiami Trail, Suite 800
Dated: / 2//e-//_,- Naples, FL 34112
Telephone: (239)252-8400
Facsimile: (239) 774-0225
COUNSEL FOR PETITIONER
jenniferbelpedio @colliergov.net
emilypepin @colliergov.net
sherimalcolm @colliergov.net
Dated: I / S /
conformed copies to:
Jennifer A.Belpedio,Esq.jenniferbelpedio@colliergov.net
Henry Allen Fish
Kevin Hendricks,Collier County Transportation Division,kevinhendricks @colliergov.net;
Robin Sheley, Diane Etienne, Clerk's Office Accounting,robin.sheley @collierclerk.com,
dianeetienne @collierclerk.com;
John A.Noland,Esq.
[15-CA-1810/1228957/1] Page 3 of 3
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VL 9/2016 16.K.1 .—A--
I POINT OF COMMENC
J SW CORN ER TRACT A I
TRAFFORD PINE ESTATES
SECTION ONE,
P.B. 10, PG. 99 ),..._e
W --.��� E
0
LAKE TRAFFORD ROAD _
(STATE ROAD 8501 o S
80' PUBLIC RIGHT OF WAY S89'16'491V SOUTHERLY ROW
26.11' r'' BASIS OF BEARINGS •
N89 16'49"E
� `r ,f NON-EXCLUSIVE LEGAL DESCRIPTION GE
AND UTR.ITY EASEMEN
PARCEL 102DUE
A TRACT OR PARCEL OF LAND LYING IN SECTION 32, TOWNSHIP 46
POINT iF SOUTH, RANGE 29 EAST, COWER COUNTY, FLORIDA, BEING
• BEGINNI'c DESCRIBED AS FOLLOWS;
COMMENCING Al THE SOUTHWEST CORNER OF TRACT A, TRAFFORD '
o PINE ESTATES SECTION ONE, AS PER THE PLAT RECORDED IN PLAT
v BOOK 10, PAGE 99 OF SAID PUBUC RECORDS;
o �`"
z THENCE S.00'43'11"E., FOR 80.00 FEET TO A POINT ON THE
o c-,1.3 SOUTHERLY RIGHT OF WAY LINE OF LAKE TRAFFORD ROAD(STATE
r-
ROAD ROAD 850 — 80 FOOT WIDE);
z x t4 o THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE S.89'16'49"W.,
. —1 � ' FOR 26,11 FEET TO THE POINT OF BEGINNING OF THE HEREIN
o �j Z _ DESCRIBED PARCEL
D '- in ° m cc ,. THENCE S.01'07'16"E., FOR 201.10 FEET;
.°� N n °• v THENCE S,02'19'44"w., FOR 42.42 FEET TO A POINT ON THE
1 ° o S o SOUTH LINE OF THE PARENT TRACT;
o' • (.3,*a o THENCE ALONG SAID SOUTH UNE S.89'16'49"W., FOR 7.45 FEET
• °- o r�i° C " TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF NORTH
a °o m a in s 19TH STREET (60 FEET WIDE);
('' `l o f0 THENCE ALONG SAID EASTERLY RIGHT OF WAY UNE N.01'07'16"W,,
- ' . uuii a 70 m FOR 243.46 FEET TO A POINT ON THE AFORESAID SOUTHERLY
C) a.�to RIGHT OF WAY UNE;
oo_
o a< a,o THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE N.89'16'49"E.,
PARCEL o o 4, —u. FOR 10.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL
102DUE DESCRIBED HEREIN;
2,381 S.F. CONTAINING 2,381 SQUARE FEET OR 0.05 ACRES, MORE OR LESS.
PARCEL NO. 00074560000
MR 99 CENTS INC.
(Corrective Deed)
•
502'19'44 O.R. 4258, PG. 2000
42.42' LEGEND
DUE= DRAINAGE AND UTILITY .
•
EASEMENT 4
O.R. = OFFICIAL RECORDS BOOK '
I.. P.B.= PLAT BOOK
PG.= PAGE
V.S89'16'49"W ROW= RIGHT OF WAY
7.45' S.F.= SQUARE FEET
TECM - ROW / 7i15-.." �
JAN 1 3 2014 I L A. WARD, PLS DATE SIGNED
FLORIDA CERTIFICATE NO. 1
NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL
OF LICENSED FLORIDA SURVEYOR AND MAPPER
Jonwry 7.20T5 We AM KA2otJ\(3004200.00 loffmotiw Doico.tali Tr"NaV Rood Md N iae SAO=' \Aurpio Ea."m oto\1300AZ0a00 0001 0K R4.01.fof
LAKE TRAFFORD ROAD & 19TH STREET IMPROVEMENTS 6610 Willow Park Dr.,suite 200
KE
Naples,FL 34109
ST(E'I'CR AND LEGAL DESCRIPTION Phone(239)597-0575
PARCEL 102DUE Fax:(239)597-0578
IRAINAGE AND UTILITY EASEMENT ENGINEERING
IJai NUMBER LREVISION LB No.:6952
130042 00 00 00 SECTION TOWNSHIP lP RANGE SCALE 9/29/14 J DR DAM BY 0002 DE j 1 SHEET OF 1
c 2 ,"/i�� Packet Page -1111-
2/9/2016 16.K.1.
POINT OF COMMENCEMENT N ---N SW CORNER TRACT A
.� TRAFFORD PINE ESTATES
SECTION ONE, W E
P.B. 10, PG. 99
A!.
0
o .a
LAKE TRAFFORD ROAD ° W
o — S
(STATE ROAD 8511 SOUTHERLY ROW •
60' PUBLIC RIGHT OF WAY POINT OF N89'16'491 BASIS OF BEARINGS LEGEND
BEGINNING 13.89' DUE= DRAINAGE AND UTILITY
N891 6'49"E EASEMENT
36.11' O.R.= OFFlCIAL RECORDS BOOK
' } P.B.= PLAT BOOK
NO '07'16`W SO1'O7'16"E PG.= PAGE
-/r 10.00' ROW= RIGHT OF WAY
1 00' S.F.= SQUARE FEET
589"16' 9"W
50.00'
LEGAL DESCRIPTION
o PARCEL PARCEL 102TCE
1-1 -0 102TCE A TRACT OR PARCEL OF LAND LYING IN SECTION 32, TOWNSHIP 46
o 971 500 S.F S.F. SOUTH, RANGE 29 EAST, COLUER COUNTY, FLORIDA, BEING
Z o x DESCRIBED AS FOLLOWS;
r
z m
m ei rn COMMENCING AT THE SOUTHWEST CORNER OF TRACT A, TRAFFORD
o o -0 co r PINE ESTATES SECTION ONE, AS PER THE PLAT RECORDED IN PLAT
tr1 a
BOOK 10, PAGE 99 OF SAID PUBLIC RECORDS;
D `'3 z m`4n o THENCE 5.00'43'11"E., FOR 80.00 FEET TO A POINT ON THE
-c ° -;,o c o SOUTHERLY RIGHT OF WAY LINE OF LAKE TRAFFORD ROAD (STATE
o .a ROAD 850,- 80 FOOT WIDE) AND THE POINT OF BEGINNING OF
o m `-° m THE HEREIN DESCRIBED PARCEL;
rn C7 m A o THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE N.89'16'49"E.,
C N o .4,- FOR 13.89 FEET;
ooct
0 0°o ;to
....0, THENCE S.01'07'16"E., FOR 10.00 FEET;
THENCE S.89'16'49"W., FOR 50.00 FEET TO A POINT ON THE
EASTERLY RIGHT OF WAY LINE OF NORTH 19TH STREET (60 FEET
WIDE);
THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE N.O1'07'16"W.,
FOR 10.00 FEET TO A POINT ON THE AFORESAID SOUTHERLY RIGHT
OF WAY LINE;
THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE N.89'16'49"E.,
FOR 36.11 FEET TO THE POINT OF BEGINNING OF THE PARCEL
DESCRIBED HEREIN;
CONTAINING 500 SQUARE FEET OR 0.01 ACRES, MORE OR LESS.
PARCEL NO. 00074560000 • ..
MR 99 CENTS INC.
(Corrective deed)
O.R. 4258, PG. 2000
TE P RARY
CONSTRU T N EASEMENT
DURATION �RS
� i�.R RS. TEcm - Ro /7k,-----
a MICHAEL A. WARD, PLS DATE SIGNED
JAN CERTIFICATE NO. 5301
4V1I OT VAIWTHOUTHE SIGNATURE AND RAISED SEAL
OF LICENSED FLORIDA SURVEYOR AND MAPPER
.an,by 7.2015 530 MI K\2013\1300420400 hl....Goo 0..10n 1.....frof ,4 Ik.d Me N MN,S400a2 s...ry\0"a.w9.E••...,1.\N4200..00 0002 SE e.4f.M
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LAKE TRAFFORD ROAD & 19TH STREET IMPROVEMENTS 6610 Willow Park Dr.,Suite 200
Naples,FL 34109
SKETCH AND LEGAL DESCRIPTION Phone 12391 597-0575
PARCEL 102TCE
Fax {2391597-0578
TEMPORARY CONSTRUCTION EASEMENT ENGINEERING
LB No.:6952
JOB NUMBER 1 REVISION I SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
130042.00.00 00 32 I 46E , 29S I 9/29/14 I DAM 0002 DE I 1 OF 1
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