Agenda 03/22/2016 Item #16K 1 3/22/2016 16.K.1.
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion and Stipulated Final Judgment for Parcel
266RDUE in the lawsuit styled Collier County v. Taimy Morales, Case No. 15-CA-393 for
the Golden Gate Boulevard widening project, Project No.60040. (Fiscal Impact: $6,470)
OBJECTIVE: To settle the amount owed in full compensation, attorney's fees, expert fees and
costs for the taking of Parcel 266RDUE condemned for the widening of Golden Gate Boulevard,
Project No. 60040(hereinafter referred to as the"Project").
CONSIDERATIONS: On July 30,2015, Collier County condemned Parcel 266RDUE required
for construction of the Project. Parcel 266RDUE is a 1,875 square foot right-of-way, drainage
and utility easement along Golden Gate Boulevard on the south side of the property belonging to
Taimy Morales. See attached aerial of subject property. The County appraised the taking at
$3,700, which was the amount of the County's offer to the property owner and deposit into the
Court Registry. The owner's counsel countered at $77,300. The disparity in starting positions
was partially due to the property owner's miscalculation of the new setback. Once County staff
informed the property owner of the actual setback distance, the parties agreed to full
compensation, inclusive of all attorney's fees, expert fees and costs,totaling$10,000.
If approved,the County will pay the following costs:
Additional Compensation: $ 6,300
Clerk's Deposit Fee: $ 170
TOTAL: $ 6,470
The County Attorney's Office and staff are recommending approval of this settlement since a
better result is not anticipated at trial. Upon approval, the County Attorney's Office will file the
attached Joint Motion and Stipulated Final Judgment with the Circuit Court.
FISCAL IMPACT: Funds in the amount of$6,470 will be paid from gas taxes and/or impact
fees from Golden Gate Blvd Project#60040. 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 approved as to form and legality and
requires a majority vote for Board approval. -ERP
RECOMMENDATION: To approve the attached Joint Motion and Stipulated Final Judgment
as to Parcel 266RDUE and approve the expenditure of funds as stated herein.
PREPARED BY: Emily R. Pepin,Assistant County Attorney
Attachments: (1)Proposed Joint Motion and Stipulated Final Judgment; and(2)Aerial
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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 for Parcel 266RDUE in the lawsuit styled Collier County v.Taimy Morales, Case No.
15-CA-393 for the Golden Gate Boulevard widening project, Project No. 60040. (Fiscal Impact:
$6,470)
Meeting Date: 3/22/2016
Prepared By
Name: AllenDebbie
Title: Legal Office Administrator, CAO Office Administration
3/7/2016 11:55:55 AM
Submitted by
Title:Assistant County Attorney, CAO Litigation
Name: PepinEmily
3/7/2016 11:55:56 AM
Approved By
Name: HendricksKevin
Title: Manager-Right of Way,Transportation Engineering&Construction Management
Date: 3/7/2016 12:37:07 PM
Name: TaylorLisa
Title: Management/Budget Analyst, Senior, Capital Construction&Maintenance Budget/Fiscal
Date: 3/7/2016 1:35:42 PM
Name: AhmadJay
Title: Division Director-Transportation Eng,Transportation Engineering& Construction Management
Date: 3/7/2016 3:29:32 PM
Name: ShueGene
Title: Division Director-Operations Support, Growth Management Department
Date: 3/8/2016 8:48:32 AM
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Name: KearnsAllison
Title: Manager-Financial&Operational Sprt, Capital Construction&Maintenance Budget/Fiscal
Date: 3/8/2016 10:01:44 AM
Name: PepinEmily
Title:Assistant County Attorney, CAO Litigation
Date: 3/8/2016 11:02:43 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Administration
Date: 3/8/2016 1:30:19 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/8/2016 3:39:44 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 3/11/2016 4:27:56 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 3/13/2016 6:08:32 PM
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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,
Petitioner,
v. Case No.: 15-CA-393
TAIMY MORALES, ET AL., PARCEL: 266RDUE
Respondents.
PETITIONER COLLIER COUNTY AND RESPONDENT TAIMY MORALES' JOINT
MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, TAIMY
MORALES, by and through their undersigned counsel, hereby respectfully move for entry of the
�-e
Stipulated Final Judgment as to Parcel 266RDUE attached hereto as Exhibit"1".
Dated: Da e :
111 ° 1 1,Q
1
EMILY R. PEPIN, ESQ. BELLA Y.PATEL, ESQ.
Florida Bar Number 92956 Florida Bar No. 961670
Collier County Attorney's Office 13026 Waterford Run Drive
3299 East Tamiami Trail, Suite 800 Riverview,FL 33569
Naples, FL 34112 Telephone: (813) 643-2762
Telephone: (239)252-8400 Facsimile: (813) 643-2612
Facsimile: (239)774-0225 COUNSEL FOR RESPONDENT
COUNSEL FOR PETITIONER TAIMY MORALES
emilypepin @colliergov.net bellapatelpa!,aol.com
jenniferbelpedio @colliergov.net
nancybradley@colliergov.net
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated
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 March, 2016.
BY:
EMILY R. PEPIN, ESQUIRE
SERVICE LIST
PARCEL 266RDUE
Taimy Morales Mortgage Electronic Registration Systems, Inc.
do Bella Y. Patel, Esq. c/o C T Corporation System
Bella Y.Patel, P.A. 1200 South Pine Island Road
Bellapatelpa @aol.com Plantation, FL 33324
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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,
Petitioner,
v. Case No.: 15-CA-393
TAIMY MORALES, ET AL., PARCEL: 266RDUE
Respondents.
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, TAIMY MORALES, by and through their
undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 266RDUE for Project
No. 60040, 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 the
Respondent, TAIMY MORALES, and the Court being otherwise fully advised in the premises
thereof, it is thereupon
Exhibit "1" to Joint Motion for Stipulated Final Judgment
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ORDERED AND ADJUDGED that Respondent, TAIMY MORALES, have and recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Ten Thousand and No/100
Dollars ($10,000.00) for Parcel 266RDUE, 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
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for
the good faith estimate of value previously deposited in the amount of Three Thousand Seven
Hundred and No/100 Dollars ($3,700.00), as payment for acquisition of Parcel 266RDUE, at
which time title to said parcel as described in Exhibit"A"vested in the name of the Petitioner; it
is further
ORDERED that within thirty (30) days hereof, Petitioner shall deposit the total sum of
Six Thousand Three Hundred and No/100 Dollars ($6,300.00) into the Court Registry, which
funds are subject to apportionment by further order of the Court; it is further
ORDERED that this Court reserves jurisdiction for apportionment for the funds on
deposit in the Court Registry; it is further
ORDERED that this Order disposes of all claims arising out of the taking of Parcel
266RDUE and that have or could have been asserted in this cause; it is further
ORDERED that the road right-of-way, drainage and utility easement interest to Parcel
266RDUE, being fully described in Exhibit "A" attached hereto and incorporated herein, which
vested in Petitioner pursuant to the Order of Taking dated July 30, 2015, and the deposit of
money heretofore made, is approved, ratified, and confirmed; it is further
Exhibit "1" to Joint Motion for Stipulated Final Judgment
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ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled
cause and recorded in Official Record Book 5125, Page 734 of the Public Records of Collier
County, Florida be dismissed as to Parcel 266RDUE; 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
DONE AND ORDERED in Chambers at Naples, Collier County, Florida,this
day of March, 2016.
HONORABLE CYNTHIA A.PIVACEK
CIRCUIT COURT JUDGE
conformed copies to:
Emily R. Pepin,Esq., Counsel for Petitioner, emilypepin @colliergov.net
Bella Y. Patel,Esq., Counsel for Respondent TAIMY MORALES, bellapatelpa @aol.com
Respondent Mortgage Electronic Registration Systems, Inc., "MERS", c/o C T Corporation
System, 1200 South Pine Island Rd., Plantation, FL 33324
Kevin Hendricks,Transportation ROW Acquisition Manager,kevinhendricks(%Icolliergov.net
Clerk's Office, Accounting
15-CA-393/44S
Exhibit "1" to Joint Motion for Stipulated Final Judgment
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XHIBIT"A"
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CORREA
OR 1787/405
WEST 75 OF CRUZ
TRACT 38 OR 3458/1602
NAVARRO & MORALES
OR 2651/1232
TRACT 37 TRACT 38 TRACT 71
GOLDEN GATE ESTATES
UNIT 50
PLAT BOOK 5 PAGE 82
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PROPOSED ROADWAY EASEMENT 1
PARCEL 266 ROUE
1$15 SQ.FT.
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5.
,44+00 14,5t00 OF A 00 147+00 t48+00 149.+00 1
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GOLDEN GATE BOULEVARD (CR 876)
OR OFFICIAL RECORDS (BOOK/PAGE)
M PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE)
ExISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
List,. OF THE PUBLIC PER FLAT 800K 5, PAGE 82
LEGAL DESCRIPTION FOR PARCEL 266 ROUE
A PORTION OF TRACT 38, GOLDEN GATE ESTATES, UNIT 50 AS RECORDED IN PLAT Bootc.464:.RAGE,EiZ OF THE PUBLIC
' RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 1, TOWNSHIP 49 SOUTH, igAN,,GV 27_EAST, 'COLLIER
1 COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. f
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THE NORTH 25 FEET OF THE SOUTH 75 FEET OF THE WEST 75 FEET OF SAID TRACT 38 :
CONTAINING 1.875 SOLIARE FEET, MORE OR LESS,
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GOLDEN GATE BOULEVARD
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SEETEIT & DESCRIPTION OF PRoPoSED ROADWAY X,4.SRM T EN , firl...=vial& -14•446,6
PARCEL 266 RDUE
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