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Agenda 10/10/2017 Item #16K310/10/2017 EXECUTIVE SUMMARY Recommendation to approve a Joint Motion for Stipulated Order of Taking and Final Judgment in the amount of $9,000 for Parcel 427RDUE, in the lawsuit captioned Collier County v. Leondese Bichotte, et al, Case No. 17-CA-1443, required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact: $9,170) OBJECTIVE: To acquire Parcel 427RDUE and settle full compensation due for the taking which is necessary for the construction of roadway and related drainage and utility imp rovements for the Golden Gate Boulevard Expansion (Project 60145). CONSIDERATIONS: On August 14, 2017, Collier County filed a condemnation suit captioned Collier County v. Leondese Bichotte, et al, Case No. 17-CA-1443. Parcel 427RDUE is required for the construction of the Project, and is a perpetual, non-exclusive road right-of-way drainage and utility easement owned by Carlos Aray Cabrera. An Aerial of Parcel 427RDUE is attached. An Order of Taking hearing is scheduled for November 14, 2017. Prior to the Order of Taking, the parties agreed to the taking and to total compensation in the amount of $6,500 for the property interest taken and all damages, plus $2,500 in attorneys’ fees, costs, and all expert fees, for a total amount of $9,000 to be deposited into the Court Registry. The County will also be obligated to pay a $170 Clerk’s Registry deposit fee. The County Attorney’s Office and Transportation staff recommend approval of this Stipulated Order of Taking and Final Judgment since a better result is not anticipated at trial. Upon approval, the County Attorney’s Office will file the Joint Motion for Stipulated Order of Taking and Final Judgment with the Circuit Court. FISCAL IMPACT: Funds in the amount of $9,170.00 will be paid from gas taxes and/or impact fees from Golden Gate Blvd. Transportation Capital Improvement Project No. 60145. 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. - SAS RECOMMENDATION: To approve a Stipulated Order of Taking and Final Judgment in the total amount of $9,000 for the taking of Parcel 427RDUE in the pending case styled Collier County v. Leondese Bichotte, et al, Case No. 17-CA-1443, required for the widening of Golden Gate Boulevard, Project No. 60145. Prepared By: Scott A. Stone, Assistant County Attorney ATTACHMENT(S) 1. Joint Motion for Stipulated Order of Taking and Final Judgment (PDF) 2. Aerial of Parcel 427RDUE (PDF) 10/10/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.3 Doc ID: 3865 Item Summary: Recommendation to approve a Joint Motion for Stipulated Order of Taking and Final Judgment in the amount of $9,000 for Parcel 427RDUE, in the lawsuit captioned Collier County v. Leondese Bichotte, et al, Case No. 17-CA-1443, required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact: $9,170) Meeting Date: 10/10/2017 Prepared by: Title: Legal Office Administrator – County Attorney's Office Name: Debbie Allen 10/03/2017 8:32 AM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 10/03/2017 8:32 AM Approved By: Review: Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 10/03/2017 9:13 AM Growth Management Department Lisa Taylor Additional Reviewer Completed 10/03/2017 9:19 AM Transportation Engineering Kevin Hendricks Additional Reviewer Completed 10/03/2017 9:20 AM Transportation Engineering Jay Ahmad Additional Reviewer Completed 10/03/2017 10:02 AM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 10/03/2017 10:09 AM Growth Management Department James French Deputy Department Head Review Skipped 10/03/2017 10:31 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 10/03/2017 12:18 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/03/2017 1:10 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/03/2017 1:22 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 10/04/2017 9:53 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/04/2017 12:05 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/10/2017 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 N0. 17 -CA -1443 PARCEL NO: 427RDUE LEONDESE BICHO'I-I'E; ANDRES A. ESTANISLAO; MARIA R. ESTANISLAO; NEW CENTURY MORTGAGE CORPORATION; JAYNE D. KEFFER; and CARLOS ARAY CABRERA, Respondents JOINT MOTION FOR ENTRY OF A STIPULATED ORDER OF TAKING AND FINAL JUDGMENT FOR PARCEL 427RDUE Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, CARLOS ARAY CABRERA, hereby respectfully move this Honorable Court for entry of the foregoing Stipulated Order of Taking and Final Judgment as to Parcel 427RDUE, attached hereto as Exhibit "1." SCOTT STONE, ESQ. Florida Bar No. 93074 EMILY PEPIN, ESQ. Florida Bar No. 929560 Collier County Attorney's Office 3299 East Tamiami Trail, Suite 800 Naples, FL 34112 Telephone: (239) 252-8400 Facsimile: (239) 774-0225 CO -COUNSEL FOR PETITIONER sco ttstone(cbcol l iergov.net emilypepinC)ycollier o sherimalcohna.collier Tov.net EDGAR LOPEZ, ESQ. Florida Bar No. 12917 Harris Harris Bauerle Ziegler Lopez 1201 East Robinson Street Orlando, FL 32801 Telephone: (407) 843-0404 COUNSEL FOR RESPONDENTS ed ar ; hhbzlflorida.com Rebecca a,hhbzlflorida.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Entry of a Stipulated Order of Taking and Final Judgment was electronically filed with the Florida Courts E -Filing Portal on this day of , 2017. I� SCOTT STONE, ESQ. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, Petitioner, V. CASE NO. 17 -CA -1443 Parcels: 427RDUE LEONDESE BICHOTTE; ANDRES A. ESTANISLAO; MARIA R. ESTANISLAO; NEW CENTURY MORTGAGE CORPORATION; JAYNE D. KEFFER; and CARLOS ARAY CABRERA Respondents. STIPULATED ORDER OF TAKING AND FINAL JUDGMENT FOR PARCEL 427RDUE THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent, CARLOS ARAY CABRERA, by and through his undersigned counsel for entry of a Stipulated Order of Taking and Final Judgment as to Parcel 427RDE for Project No. 60145, and it appearing to the Court that proper notice was given to the parties having any equity, lien, title or other interest in or to the real property described therein, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that: 1. The Court has jurisdiction of this cause, the parties hereto, and the subject matter hereof. 2. The pleadings in this cause are sufficient, and the Petitioner is properly exercising its delegated authority. 3. The property described herein as Parcel 427RDUE is being acquired for a public purpose and is reasonably necessary to serve this public purpose. 4. The Declaration of Taking and Estimate of Value filed. in this cause by the Petitioner was made in good faith and based on a valid appraisal. 5. Respondent, CARLOS ARAY CABRERA, shall recover from Petitioner, COLLIER COUNTY, FLORIDA the total sum of Six Thousand Five Hundred and No/100 Dollars ($6,500.00) 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 and statutory interest. 6. Petitioner, COLLIER COUNTY, FLORIDA shall pay the total sum of Two Thousand Five Hundred and No/100 Dollars ($2,500.00) for all attorneys' fees and costs, and expert fees, and no other attorneys' fees for both monetary or non -monetary benefits, costs, or expert fees, shall be awarded in this case. 7. Within twenty (20) days from the date of this Order, Petitioner shall deposit into the Court Registry the aggregate sum of Nine Thousand and No/100 Dollars ($9,000.00). Upon the payment of deposit into the Registry of this Court, the right, title and interest described in Exhibit "A" attached hereto and made a part hereof by reference shall vest in Petitioner. 8. Upon deposit, as set forth above, and without further notice of this Court, the Petitioner shall be entitled to possession of the property described herein. 9. Immediately after the deposit is made, the Clerk shall disburse the total sum of Nine Thousand and No/] 00 Dollars ($9,000.00) to Edgar Lopez, Esq., Trust Account, as counsel for CARLOS ARAY CABRERA, c/o Harris Harris Bauerle Ziegler Lopez, 1201 East Robinson Street, Orlando, FL 32801, in accordance herewith. 10. The Notice of Lis Pendens filed in the above -styled cause and recorded in Official Records Book 5426, Page 86, of the Public Records of Collier County, Florida is dismissed as to Parcel 427RDUE. 11. The Stipulated Order of Taking and Final Judgment will be recorded in the Official Records of Collier County, Florida. 12. This Court reserves jurisdiction to enforce the terms of this Stipulated Order of Taking and Final Judgment. DONE AND ORDERED in Chambers in Naples, Florida this day of October, 2017. HONORABLE LAUREN L. BRODIE CIRCUIT COURT JUDGE Conformed copies to: Emily R. Pepin, Esq., Scott Stone, Esq., emilYpepin ,colliergov.net , scottstoneacollieruov.net Edgar Lopez, Esq. edaar&hbzitlorida com Clerk's Office, Accounting WIML L RLCORDS (COOK/PAO() . ® PITOPOS(O ROADWAY, DRAINAI'E. • AND URUIY EASEMENT (ROUE) EXBTINC ROADBAY EASEMENT DEDICAM TO THE PERPETUAL USE OF THE PUBLLC PER PLAT KOK S, PAGE iS LFOAL, OE9CMM Nl POR PARCEL 427 ROVE A PORTK)h Of TRACT 04, GOLDEN CAVE ESTATES, UNIT 77 AS RECORDED INLLIPUT THE RECORDS OF COER COUNTY, FLORM& LYfIC•IN SECTION 0, TOW/1SHI► 4D PUBLIC T1 15 Of COLTHE OOUKIY, FLORIDA,BEMMORE PARTICUWILY O£SCRR3E0 AS fDLLOR4, SWM RANGE YE CIT 0. PACE YK NORTH 20 FEET OF THE SOUTH. 70 FEET OF THE EAST 166 FEM OF SND TRACT 6 i .''� •�:� ' .. COMAINIkO 7.300 SOVARE FEET, MORE OR IESY. SKETCH•& DESCRIPTION ONLY J NOT A IOUNOARY SURYEY yF4� W" iO4 COUJQ 00lMlfY CdWINNp(T0R1f0 01• COUNTY c '�w'st R1�0. S P iva w GOLDEN CATS BDUL><VA1TD R=)l k ))93cwt10N Oh PkOPOSEO ROADITAY 2AS/H81iT PARCEL LET ROU! . COuaN COUNTY, noRLDA Mi1,�"�.Fw. 1�+► —..-� �� � � W"m �:i� �Q•iii R i-•7fSu7 ��� 0 AERIAL PHOTO SHOWING PARCEL 427RDUE 20’ 50’