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Agenda 03/28/2017 Item #16K 303/28/2017 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment in the total amount of $32,500 for the taking of Parcel 237RDUE required for the Golden Gate Boulevard Project, Project No. 60040 (west of 16th St. E. to 18th St. E.), in the pending case styled Collier County v. Octavio M. Alfonso, et al., Case No. 15-CA-0230. (Fiscal Impact: $27,115) OBJECTIVE: To settle full compensation owed for the taking of Parcel 237RDUE required for the Golden Gate Boulevard Project, Project No. 60040 (west of 16th St. E. to 18th St. E.). CONSIDERATIONS: On June 10, 2014, the Board authorized the condemnation of Parcel 237RDUE in order to construct roadway, drainage and utility improvements required for the four -laning of Golden Gate Blvd. from west of 16th St. E. to 18th St. E. On July 30, 2015, the Court entered a Stipulated Order of Taking for the required property and the County subsequently deposited a good faith estimate of value in the amount of $5,385 into the Court Registry. The Road Right-of-way Drainage and Utility Easement, approximately 3,600 square feet in size, was taken from property owned by Octavio & Zoraida Alfonso. An aerial photograph of the subject property is attached to this item for reference. The owners, through counsel, initially demanded over $61,000 for compensation, citing their appraiser’s report of alleged damages of a reduced setback and a proposed cure for the reconfiguration of the driveway on the property. After the take, the residence on the parent tract was 104 feet from the new right-of-way line. Mediation was scheduled for March 30, 2017. Through extensive negotiations with opposing counsel, the County Attorney’s Office and Transportation staff reached a settlement in the global amount of $32,500 inclusive of all attorney’s fees, expert fees and costs. The County will receive a credit for the previously deposited amount of $5,385, in addition to eliminating the costs of Mediation and incurring any further expert costs. If this item is approved, the Board will be obligated to pay an additional $27,115 over the amount on deposit. The County Attorney’s Office and Transportation staff recommends that the Board approve this settlement since a better result is not anticipated at trial. Upon approval, the County Attorney’s Office will file the attached Joint Motion for Stipulated Final Judgment with the Circuit Court. FISCAL IMPACT: Funds in the amount of $27,115 are available in the Golden Gate Blvd. Transportation Capital Improvement Project No. 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: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. - ERP RECOMMENDATION: To approve a Stipulated Final Judgment in the total amount of $32,500 for the taking of Parcel 237RDUE, required for the Golden Gate Boulevard Project, Project No. 60040 (west of 16th St. E. to 18th St. E.), in the pending case styled Collier County v. Octavio M. Alfonso, et al., Case No. 15-CA-0230. PREPARED BY: Emily R. Pepin, Assistant County Attorney 03/28/2017 ATTACHMENT(S) 1. Proposed Stipulated Final Judgment (PDF) 2. Aerial Photograph of Parcel 237RDUE (PDF) 03/28/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.3 Doc ID: 2902 Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of $32,500 for the taking of Parcel 237RDUE required for the Golden Gate Boulevard Project, Project No. 60040 (west of 16th St. E. to 18th St. E.), in the pending case styled Collier County v. Octavio M. Alfonso, et al., Case No. 15-CA-0230. (Fiscal Impact: $27,115) Meeting Date: 03/28/2017 Prepared by: Title: Legal Office Administrator – County Attorney's Office Name: Debbie Allen 03/15/2017 3:08 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 03/15/2017 3:08 PM Approved By: Review: Transportation Engineering Kevin Hendricks Additional Reviewer Completed 03/15/2017 3:26 PM Growth Management Department Jeanne Marcella Level 1 Division Reviewer Completed 03/15/2017 4:14 PM Transportation Engineering Jay Ahmad Additional Reviewer Completed 03/16/2017 7:18 AM Growth Management Department Lisa Taylor Additional Reviewer Completed 03/16/2017 7:37 AM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 03/16/2017 7:57 AM County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 03/17/2017 8:20 AM County Attorney's Office Scott Teach Level 3 County Attorney's Office Review Completed 03/17/2017 9:14 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/17/2017 9:17 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 03/20/2017 8:47 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/20/2017 4:59 PM Board of County Commissioners MaryJo Brock Meeting Pending 03/28/2017 9:00 AM 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 -230 OCTAVIO M. ALFONSO, ET AL., PARCEL: 237RDUE Respondents. PETITIONER COLLIER COUNTY AND RESPONDENTS OCTAVIO M. ALFONSO AND ZORAIDA L. ALFONSO'S JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCEL 237RDUE COMES NOW, Petitioner COLLIER COUNTY, FLORIDA, and Respondents OCTAVIO M. ALFONSO, and ZORAIDA L. ALFONSO, by and through undersigned counsel, and hereby jointly and respectfully move this Honorable Court for entry of the proposed Stipulated Final Judgment Order as to Parcel 237RDUE, attached hereto as Exhibit 111". EMILY R. PEPIN, ESQ. Florida Bar No. 92956 Collier County Attorney's Office 3299 East Tamiami Trail, Suite 800 Naples, FL 34112 Telephone: (239) 252-8400 COUNSEL FOR PETITIONER emi l vnevin(dcol I iereov.net ienniferbelpedioncollier ov.net nancvbradlevla�col I iereov.net utlklwn" MEREDITH S. OELCAMP, ESQ. Florida Bar No. 0016242 Buchanan, Ingersoll & Rooney, P.C. 401 E. Jackson St., Suite 2400 Tampa, FL 33602 Telephone: (813) 222-3337 COUNSEL FOR RESPONDENTS OCTAVIO M. ALFONSO and ZORAIDA L. ALFONSO Mered ith.delcam oO$ioc.com Cyndi.dvson(a)bipc.com 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 2017. ON EMILY R. PEPIN, ESQ. SERVICE LIST COLLIER COUNTY V. OCTAVIO M. ALFONSO, ET AL. Case No. 15 -CA -0230 OCTAVIO M. ALFONSO and ZORAIDA L. ALFONSO c/o Meredith S. Delcamp, Esq. mered ith.delcampabinc.com C n�vson(albipc,com 15 -CA -230/1116 Midland Credit Management, Inc. 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 -230 OCTAVIO M. ALFONSO, ET AL., PARCEL: 237RDUE Respondents. II STIPULATED FINAL JUDGMENT AS TO PARCEL 237RDUE THIS CAUSE, having come before the Court upon the Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, and Respondents, OCTAVIO M. ALFONSO, and ZORAIDA L. ALFONSO, by and through their counsel, for entry of a Stipulated Final Judgment as to Parcel 237RDUE 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 Respondents, OCTAVIO M. ALFONSO, and ZORAIDA L. ALFONSO, and the Court being otherwise fully advised in the premises thereof, it is thereupon Exhibit 111" to Joint Motion for Stipulated Final Judgment ORDERED AND ADJUDGED that Respondents, OCTAVIO M. ALFONSO, and ZORAIDA L. ALFONSO, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Thirty Two Thousand Five Hundred and No/100 Dollars ($32,500.00) for Parcel 237RDUE, 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, all attorneys' fees and costs, and all experts' fees and costs; it is further ORDERED that no further attorneys' and experts' fees and costs shall be awarded in this case, in connection with Parcel 237RDUE, 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 Five Thousand Three Hundred Eighty Five and No/100 Dollars ($5,385.00), as payment for acquisition of Parcel 237RDUE, 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 of entry of this Stipulated Final Judgment, the Clerk shall disburse from the Court Registry the amount of Five Thousand Three Hundred Eighty Five and No/100 Dollars ($5,385.00) to Buchanan, Ingersoll & Rooney, PC, c/o Meredith Dcicamp, Esq., 401 E. Jackson St., Suite 2400, Tampa, FL 33602; it is further ORDERED that within thirty (30) days of entry of this Stipulated Final Judgment, Petitioner shall pay the total sum of Twenty Seven Thousand One Hundred Fifteen and No/100 Dollars ($27,115.00), to Buchanan, Ingersoll & Rooney, PC, c/o Meredith Delcamp, Esq., 401 E. Jackson St., Suite 2400, Tampa, FL 33602; it is further ORDERED that this Order disposes of all claims arising out of the taking of Parcel 237RDUE and that have or could have been asserted in this cause; it is further Exhibit "1" to Joint Motion for Stipulated Final Judgment ORDERED that the road right-of-way, drainage and utility easement interest to Parcel 237RDUE, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Stipulated Order of Taking dated July 30, 2015, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above -styled cause and recorded in Official Record Book 5118, Page 2139 of the Public Records of Collier County, Florida be dismissed as to Parcel 237RDUE; 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 2017. THE HONORABLE LAUREN L. BRODIE Circuit Court Judge Conformed Copies to: Emily R. Pepin, Esq., Counsel for PETITIONER, emilypcpinirucollicr�;ov.net Meredith S. Delcamp, Esq., Counsel for Respondents OCTAVIO M. ALFONSO, and ZORAIDA L. ALFONSO, meredith.delcamp(d)bipe,com Clerk's Office, Accounting Exhibit "I" to Joint Motion for Stipulated Final Judgment TRACT 110 WEST T80' TRACT 14 ALFONSO OR 2393/21 YBARRA PIAT BOOK S PAGE 50 , ►!!i!i�w'►!i!i?i!i!i!i!i!i!� HUGUET 2975/734 TRACT 144 GOLDEN GATE BOULEVARD (CR 876) OR OFFICIAL RECORDS (BOON/PAGE) �(N W E ® PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE) ����YYYY����"`` ®OUSTING ROADWAY EASEMENT DEDICATED TO TME PERPETUAL S USE OF THE PUBLIC PER PLAT BOOK S. PAGE 80 LEGAL. DMCRIPRON FOR PARCEL 237 ROUE A PORTION OF TRACT 143, GOLDEN GATE ESTATES, UNIT 49 AS RECORDED IN PLAT g0 O.'PACE. 80 OF THE PUBLIC RECORDS OF COLLIER COUNTY, P9SbLRf11; FLORIDA SITUATED IN SECTION 2, TOWNSHIP RANGE. 27 EAST, COWER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE NORTH 20 FEET OF THE SOUTH 70 FEET OF THE WEST 180 FEET OF SAID TRA -.T.14,3. •^ CONTAINING 3,600 SQUARE FEET, MORE OR LESS. /j//y(� SKETCH & DESCRIPTION ONLY 1°""F` " "'""D• A`0'i�t wnvcr°n A'41JC* NOT A BOUNDARY SURVEY FOR: nano .ruenrRor��Yeya ,n. ego, ° LYh�R COWER COUNTY GOVERNMENT BOARO OF COUNTY COMMISSIONERS R�°wy,,, or COLDRN GATE BOULEVARD °2 8K47`CA @ DE8CR0?110N OF: FROP0380 ROADWAY EASEMENT 8 PARCEL Z37 RDUE � eewva>vm.awaww= COLLIER COUNTY, FLORIDA Exhibit "111 to Joint Motion for Stipulated Final Judgment AERIAL PHOTO OF PARCEL 237RDUE EXISTING RIGHT-OF-WAY PROPOSED RIGHT-OF-WAY -