Agenda 01/10/2017 Item #16K 1 16.K.1
01/10/2017
EXECUTIVE SUMMARY
Recommendation to approve a proposed Stipulated Final Judgment in the amount of $1,200 for
Parcel 161TCE in the case styled Collier County v. Robert E. Williams, Tr., et al., Case No. 14-CA-
816,required for the expansion of Collier Blvd. from Green Blvd.to Golden Gate Blvd.,Project No.
68056. (Fiscal Impact: $890)
OBJECTIVE: To settle the amount of full compensation for the taking of Parcel 161TCE condemned as
part of the expansion of Collier Blvd. from Green Blvd. to Golden Gate Blvd., Project No. 68056,
hereinafter referred to as the"Project."
CONSIDERATIONS: On June, 27, 2014, Collier County condemned Parcel 161TCE and deposited
$310 into the Court Registry as a good faith estimate of value pursuant to an Order of Taking in the case
styled Collier County v. Robert E. Williams, Tr., et al., Case No. 14-CA-816. Parcel 161TCE is required
for the construction of the Project and is a 900 square foot right-of-way temporary construction easement
on the west side of Collier Blvd. over a tract of land owned by Patricia Iola Harris. Attached for reference
is an aerial photograph of the Parcel. Through negotiation, the parties agreed to total compensation in the
amount of $1,200 due to damage to sprinkler heads, pavers, and bushes on the property that occurred
during construction of the Project. If approved, the County will be required to pay an additional $890
over the amount previously deposited.
The County Attorney's Office and Staff recommend approval of this Joint Motion and proposed
Stipulated Final Judgment since a better result is not anticipated at trial. Upon approval, the County
Attorney's Office will file the Joint Motion with the Circuit Court.
FISCAL IMPACT: Funds in the amount of$890 will be paid from gas taxes and/or impact fees from
Collier Blvd. Project No. 68056. 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. -JAB
RECOMMENDATION: To approve the attached Joint Motion and proposed Stipulated Final Judgment
and authorize the payment of funds as stated herein.
Prepared by: Jennifer A. Belpedio,Assistant County Attorney
ATTACHMENT(S)
1.Proposed Joint Motion and Stipulated Final Judgment (PDF)
2. Aerial Photograph of Parcel 161TCE (PDF)
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01/10/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Item Summary: Recommendation to approve a proposed Stipulated Final Judgment in the amount
of$1,200 for Parcel 161TCE in the case styled Collier County v. Robert E. Williams, Tr., et al., Case No.
14-CA-816, required for the expansion of Collier Blvd. from Green Blvd. to Golden Gate Blvd., Project
No. 68056. (Fiscal Impact: $890)
Meeting Date: 01/10/2017
Prepared by:
Title: Legal Office Administrator—County Attorney's Office
Name: Debbie Allen
12/09/2016 8:55 AM
Submitted by:
Title: County Attorney—County Attorney's Office
Name: Jeffrey A. Klatzkow
12/09/2016 8:55 AM
Approved By:
Review:
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 12/09/2016 9:59 AM
Transportation Engineering Gary Putaansuu Additional Reviewer Completed 12/09/2016 12:44 PM
Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 12/12/2016 1:36 PM
Growth Management Department Gene Shue Additional Reviewer Completed 12/14/2016 6:06 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 12/19/2016 12:47 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 12/19/2016 1:19 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 12/21/2016 2:52 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/21/2016 3:02 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 12/21/2016 4:36 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 12/22/2016 8:44 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/28/2016 4:25 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/10/2017 9:00 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, CD
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Petitioner,
v. Case No.: 14-CA-816
PARCEL: 161TCE
ROBERT E. WILLIAMS, TR., ET AL., 7
Respondents.
PETITIONER COLLIER COUNTY AND RESPONDENT PATRICIA IOLA HARRIS
JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCEL 161TCE it
COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, through undersigned co
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counsel, together with Pro Se Respondent, PATRICIA IOLA HARRIS, and hereby respectfully .•
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move for entry of the proposed Stipulated Final Judgment as to Parcel 161TCE attached hereto as
Exhibit "1".
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JENNIFER A. BELPEDIO, ESQ. PATRICIA IOLA HARRIS
Florida Bar No. 186030 Pro Se Respondent
Collier County Attorney's Office 13435 Collier Blvd.
3299 East Tamiami Trail, Suite 800 Naples, FL 34119-2905 w
Naples. FL 34112
Telephone: (239) 252-8400
Facsimile: (239) 774-0225 0
CO-COUNSEL FOR PETITIONER
emilvpepinr?colliereov.net
jenniferbelpedion,,colliergov.net
nancvbradlev collier2ov.net -c
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CERTIFICATE OF SERVICE E
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 o
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of electronic filing to parties appearing via electronically, and via U.S. mail, postage prepaid as
indicated on the Service List below on this day of January, 2017.
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By.
JENNIFER A. BELPEDIO, ESQ.
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SERVICE LIST
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PARCEL 161TCE
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PATRICIA IOLA HARRIS a
13435 Collier Blvd.
Naples, FL 34119-2905
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IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
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COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida, 0
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Petitioner, a.
v. Case No.: 14-CA-816
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PARCEL: 161 TCE
ROBERT E. WILLIAMS, TR.,ET AL.,
Respondents. -,
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STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
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COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Pro Se Respondent ti
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PATRICIA IOLA HARRIS, for entry of a Stipulated Final Judgment as to Parcel 161 TCE for
Project No. 68056, 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
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compensation due the Respondent, PATRICIA IOLA HARRIS, and the Court being otherwise fully
advised in the premises thereof, it is thereupon
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Exhibit"1" to Joint Motion for Stipulated Final Judgment
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ORDERED AND ADJUDGED that Respondent PATRICIA IOLA HARRIS, have and
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recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Thousand Two
Hundred and No/100 Dollars ($1,200.00) for Parcel 161TCE, as full payment for the property
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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 o
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with said parcel; it is further
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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 Hundred Ten and .cs)
No/100 Dollars ($310.00), as payment for acquisition of Parcel 161TCE, at which time title to said
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parcel as described in Exhibit "A", attached hereto and incorporated herein, vested in the name of
the Petitioner; it is further
ORDERED, that within thirty (30) days of entry of this Stipulated Final Judgment, the
Clerk shall disburse from the Court Registry the amount of Three Hundred Ten and No/100
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Dollars ($310.00) to Respondent PATRICIA IOLA HARRIS, 13435 Collier Blvd., Naples, FL
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34119-2905; it is further
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ORDERED that within thirty (30) days hereof, Petitioner shall pay the total sum of Eight
Hundred Ninety and No/100 Dollars (S890.00) to Respondent PATRICIA IOLA HARRIS, N
13435 Collier Blvd., Naples, FL 34119-2905, in additional funds over the amount previously o
deposited into the Court Registry; it is further 2
ORDERED that this Order disposes of all claims arising out of the taking of Parcel
161TCE and that have or could have been asserted in this cause; it is further 0
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Exhibit"1" to Joint Motion for Stipulated Final Judgment
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ORDERED that the temporary construction easement interest to Parcel 161TCE, being fully
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described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner
pursuant to the Order of Taking dated June 27, 2014, and the deposit of money heretofore made, is
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approved, ratified. and confirmed; it is further
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ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled o
cause and recorded in Official Record Book 5025, Page 3177 of the Public Records of Collier
County, Florida be dismissed as to Parcel 161TCE; it is further
ORDERED that the Court reserves jurisdiction to enforce the terms of this Stipulated Final
73
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 0.
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this
day of January, 2017.
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THE HONORABLE LAUREN L. BRODIE "7
Circuit Court Judge
Conformed Copies to:
Jennifer A. Belpedio, Esq., Co-Counsel for PETITIONER ienniferbelpedio(col liergov.net
Pro Se RESPONDENT PATRICIA IOLA HARRIS, 13435 Collier Blvd.,
Naples, FL 34119-2905 a
Kevin Hendricks, Transportation ROW Acquisition Manager, kevinhendricks!a�colliergov.net
Clerk's Office, Accounting 2
14-CA-816'1070
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Exhibit "1" to Joint Motion for Stipulated Final Judgment
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PROPOSED RIGHT OF WAY -1DURATION . YEARS. -_
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LEGAL DESCRIPTION FOR PARCEL 181TCE +•
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A PORTION OF TRACT 112, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, RAGE 73 OF THE PUBLIC s`
RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 1C, TOWNSHIP 49 SOUTH, RANGE,26'EAST. COLLIER =
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. '-
THE WEST 5 FEET OF THE EAST 40 FEET OF THE SOUTH 150 FEET OF SAID TRACT 112
CONTAINING 900 SOUARE FEET, MORE OR LESS /v, /1L,/4__ 7/ (1F1y
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SKETCH & DESCRIPTION ONLY Sw�—��� R a NO_'""!.10," O
NOT A BOUNDARY SURVEY acus r-eo' MOM°1N n..
FOR COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT waste Nm 7H¢9 MMwTUIlt t RAM PReR{e[D SEAL OF ,,
A 71V* WORMS 03 PIIOi159DNA1 SURVEYOR AND fAP►CA ,`.,
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PARCEL 161TCE Hwor..Florid.34109 f6
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JOB NUMBER REVISION SECTION TOWNSHIP RANCE SCALE DATE DRAWN BY RLE NAME SHEET
1050106 02 00 0006 REV#3 10 49 26S. 1' = 80' 10-24-07 S D L UN1 SX161TCE 1 OF 1
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