Agenda 09/08/2015 Item #16K 19/8/2015 16.K.1.
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion and Final Judgment in the amount of $5,000
as a global settlement for Parcels 152SE and 152TCE2 in the eminent domain lawsuit
styled Collier County v. Modelyne Jean Gilles, et al., Case No. 14 -CA -764 (Collier Boulevard
Project No. 68056). (Fiscal Impact: $3,524).
OBJECTIVE: To approve a settlement for payment of full compensation for Parcels 152SE
and 152TCE2 taken to widen Collier Boulevard (County Road 951) from Green Boulevard to
Golden Gate Boulevard, Project No. 69056, hereinafter referred to as the "Project ".
CONSIDERATIONS: On May 30, 2014, Collier County condemned Parcels 152SE and
152TCE2 in order to construct the Project. Parcel 152SE is a 1,650 square foot slope easement
and 152TCE2 is a 1,650 square foot, 3 -year term temporary construction easement located on the
west side of Collier Boulevard (County Road 951). The County previously deposited $1,520
into the Court Registry as a good faith estimate of value as a result of the Order of Taking
entered on May 30, 2014. The parties agreed to a global settlement in the amount of $5,000 for
full compensation, inclusive of the value of the land taken, all damages, attorney's fees, expert
fees and costs. If approved, the County will be responsible for an additional $3,480 over the
amount already on deposit in the Court Registry and a $44 fee to record the Final Judgment in
the Official Records of Collier County.
A copy of the Joint Motion and Final Judgment are attached for your reference. The County
Attorney's Office and Staff are recommending approval of this settlement in order to avoid any
additional costs associated with litigation and since a better result is not expected at trial. Upon
approval, the County Attorney's Office will file the Joint Motion and Final Judgment with the
Circuit Court.
FISCAL IMPACT: Funds in the amount $3,524 will be paid from gas taxes and /or impact fees.
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: That the Board of County Commissioners approves the attached Joint
Motion and Final Judgment as to Parcels 152SE and 152TCE2 and authorizes the payment of
funds as stated.
Prepared By: Emily R. Pepin, Assistant County Attorney
Attachments: Joint Motion and Final Judgment
Location Map
[14 -CA- 764/11973] 9/11
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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 Final Judgment in the
amount of $5,000 as a global settlement for Parcels 1525E and 152TCE2 in the eminent domain
lawsuit styled Collier County v. Modelyne Jean Gilles, et al., Case No. 14 -CA -764 (Collier
Boulevard Project No. 68056). (Fiscal Impact: $3,524).
Meeting Date: 9/8/2015
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, CAO Office Administration
7/22/2015 1:13:02 PM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way, Growth Management Department
Date: 7/22/2015 3:23:43 PM
Name: TaylorLisa
Title: Management/Budget Analyst, Growth Management Department
Date: 7/23/2015 2:53:48 PM
Name: AhmadJav
Title: Division Director - Transportation Eng, Growth Management Department
Date: 8/5/2015 11:17:40 AM
Name: ShueGene
Title: Division Director - Operations Support, Growth Management Department
Date: 8/6/2015 2:00:26 PM
Name: KeamsAllison
Title: Manager Financial & Operational Support, Growth Management Department
Date: 8/13/2015 12:24:47 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
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Date: 8/13/2015 3:20:38 PM `
Name: WilkisonDavid
Date: 8/14/2015 11:41:33 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/14/2015 4:24:40 PM
9/8/2015 16.K.1.
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 8/19/2015 8:15:29 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 8/19/2015 4:18:31 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,
kv
MODELYNE JEAN GILLES, ET AL
Respondents.
Case No. 14 -CA -764
Parcel Nos.: 152SE, 152TCE2
JOINT MOTION FOR
FINAL JUDGMENT AS TO PARCELS 152SE AND 152TCE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, ARAND CORP.,
ALINE JIDY, ALFREDO JIDY, AND RAUL JIDY JR., by and through their undersigned counsel,
hereby respectfully move for entry of the foregoing Final Judgment as to Parcels 152SE and
152TCE2 attached hereto as Exhibit "l."
Dated: July 16, 2015
JESSIC RO, ESQUIRE
Florida Bar No. 58028
Jessica Yero, P.A.
723 SE 16" Court
Ft. Lauderdale, Florida 33316
(954) 801 -5819 - Telephone
(954) 839 -9449 - Facsimile
j essicayero n panail . com
ATTORNEY FOR RESPONDENTS,
ARAND CORP., ALINE JIDY,
ALFREDO JIDY AND RAUL JIDY JR.
Dated:
EMILY R. PEPIN, ESQUIRE
Florida Bar No. 92956
Office Of The County Attorney
Harmon Turner Building
3299 East Tamiami Trail, Ste. 800
Naples, Florida 34112
(239) 252 -8400 - Telephone
(239) 252 -6300 — Facsimile
emilypepinna,collier og v.net
kathynellcrotteau (Qcolliergov.net
nancvbradley(a collier ov.net
ATTORNEY FOR PETITIONER,
COLLIER COUNTY, FLORIDA
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CERTIFICATE OF SERVICE Aw
I HEREBY CERTIFY that a true and correct copy of the foregoing was filed with the
Clerk of Court, using the Florida Courts E- Filing Portal, and that a true and correct copy was
furnished via Electronic Mail and/or U.S. Mail this day of July, 2015 to all parties listed on
the attached Service List.
EMILY R. PEPIN, ESQUIRE
SERVICE LIST
Parcels 152SE/TCE2
Arand Corp., a Florida Corporation,
Aline Jidy, Alfredo Jidy, and Raul Jidy Jr.
c/o Jessica Yero, Esquire
Jessica Yero, P.A.
723 SE 16`j' Court
Ft. Lauderdale, Florida 33316
1)
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EXHIBIT "1"
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA,
Petitioner,
V.
MODELYNE JEAN GILLES, ET AL,
Respondents.
CASE NO. 14 -CA -764
PARCEL NOS: 152SE, 152TCE2
FINAL JUDGMENT FOR PARCELS 152SE AND 152TCE2
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents,
ARAND CORP., ALINE JIDY, ALFREDO JIDY, AND RAUL JIDY JR., by and through their
undersigned counsel, for entry of a Final Judgment as to Parcels 152SE and 152TCE2 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, COLLIER COUNTY, FLORIDA, is
the full compensation due Respondents, and the Court being otherwise fully advised in the premises
thereof, it is thereupon
ORDERED AND ADJUDGED that Respondents, ARAND, CORP., ALINE JIDY,
ALFREDO JIDY, AND RAUL JIDY JR., have and shall recover from Petitioner, COLLIER
COUNTY, FLORIDA the total sum of Five Thousand and No /100 Dollars ($5,000.00) for full
compensation, including damages, statutory interests, attorney's fees, expert fees and costs in
connection with said parcel; it is further
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ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a good faith
credit of One Thousand Five Hundred Twenty and No /100 Dollars ($1,520.00), which was
deposited into the registry of the Clerk of the Circuit Court as payment for acquisition of Parcels
152SE and 152TCE2, at which time title to said parcels as described in Exhibit "A" vested in the
name of the Petitioner; it is further
ORDERED that within thirty (30) days, the Clerk of the Circuit Court shall release funds on
deposit in the court registry in the amount of One Thousand Five Hundred Twenty and No /100
Dollars ($1,520.00) to the trust account of Jessica Yero, P.A., c/o Jessica Yero, Esquire, 723 SE
16`x' Court, Fort Lauderdale, Florida 33315; it is further
ORDERED that within thirty (30) days, Petitioner, COLLIER COUNTY, FLORIDA, shall
pay the balance of Three Thousand Four Hundred Eighty and No /100 Dollars ($3,480.00) to
the trust account of Jessica Yero, P.A., c/o Jessica Yero, Esquire, 723 SE 16t` Court, Fort
Lauderdale, Florida 33315; it is further
ORDERED that this Final Judgment disposes of all Respondents' claims arising out of the
taking of Parcels 152SE and 152TCE2 that have or could have been asserted in this cause; it is
further
ORDERED that title to Parcels 152SE and 152TCE2, being fully described in Exhibit "A"
attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY,
FLORIDA, pursuant to the Order of Taking entered May 30, 2014, and the deposit of money
heretofore made, is approved, ratified, and confirmed; it is further
ORDERED that the Notice of Lis Pendens filed in the above - styled cause and recorded in
Official Records Book 5025, Page 3187 of the Public Records of Collier County, Florida is
dismissed as to Parcels 152SE and 152TCE2; it is further
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ORDERED that this Final Judgment will be recorded in the Official Records of Collier
County, Florida; it is further
ORDERED that this Court reserves jurisdiction to enforce this Final Judgment.
DONE AND ORDERED in Chambers in Naples, Florida this day of July, 2015.
HONORABLE JAMES R. SHENKO
CIRCUIT COURT JUDGE
Conformed copies to:
Emily R. Pepin, Esquire
Jessica Yero, Esquire
Kevin Hendricks, Transportation ROW Acquisition Manager
Clerk's Office, Accounting
T0: 14- CA- 764/584
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PROJECT NO. 85066
PROJECT PARCEL NO. 152SE
PARENT TRACT FOLIO NOS, 38818000107 & 38818000000
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The West 3 feet of the East 40 feet of Tract 120, Golden Gate Estates Unit 1, according
W the plat thereof, recorded in the official records of Copier County, Florida. In Plat Book
4, Page 73; containing 1,550 square feet, more or less.
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PROJECT NO. 86056
PROJECT-.PARCEL NO. 152TCE2
PARENT TRACT FOLIO NOS. 38618000107 & 3WIS000000
LKQ66 DE$93UJ.QN & SKUM
(NOT A SURVE)q
The West 5 feet of the Fast 45 feet of Tract 120, pokier pate Estates Unit 1, according
to the plat thereof, recorded In the of lal raoords of CoMier County, Florida, In Plat Book
4, Page 73 oontalning 1,650 square feet, riots or less,
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LOCATION MAP
(PARCELS 152SE & 152TCE2)
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