Agenda 11/10/2015 Item #16K1 11/10/2015 16.K.1 .
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion and Final Judgment in the amount of $9,000
for Parcel 217RDUE in the case styled Collier County v. Eva Baldrich, et al., Case No. 14-
CA-2701, now pending in the Twentieth Judicial Circuit, Collier County, required for the
widening of Golden Gate Boulevard (Project No. 60040). (Fiscal Impact: $7,627)
OBJECTIVE: To settle the amount of full compensation for the taking of Parcel 217RDUE
condemned for improvements to Golden Gate Boulevard, Project No. 60040, hereinafter referred
to as the"Project."
CONSIDERATIONS: On July 9, 2015, Collier County condemned Parcel 217RDUE and
deposited $1,400.00 into the Court Registry as a good faith estimate of value pursuant to an
Order of Taking in the case styled Collier County v. Eva Baldrich, et al., Case No. 14-CA-2701.
Parcel 217RDUE is required for the construction of the Project and is a 3,750 square foot
roadway, drainage and utility easement on the north side of Golden Gate Boulevard over a tract
of land owned by the Estate of Joann Feinstein. See attached aerial. Through negotiation, the
parties agreed to total compensation in the amount of$9,000.00. If approved, the County will be
required to pay an additional $7,600.00, plus $27.00 to cover the cost of recording the Final
Judgment in the Clerk's Official Records.
The County Attorney's Office and Staff recommend approval of this Joint Motion and Final
Judgment since a better result is not anticipated 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 of $7,627.00 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.—JAB
RECOMMENDATION: That the Board of County Commissioners approves the attached Joint
Motion and Final Judgment and authorizes the payment of funds as stated herein.
Prepared By: Jennifer A. Belpedio, Assistant County Attorney
Attachments: (1) Joint Motion and Final Judgment; (2) Aerial of Parcel 217RDUE
14-CA-2701/#561
[14-CA-2701/1215875/1]
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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$9,000 for Parcel 217RDUE in the case styled Collier County v. Eva Baldrich, et al.,
Case No. 14-CA-2701, now pending in the Twentieth Judicial Circuit, Collier County, required for
the widening of Golden Gate Boulevard (Project No. 60040). (Fiscal Impact: $7,627)
Meeting Date: 11/10/2015
Prepared By
Name: AllenDebbie
Title:Legal Office Administrator, CAO Office Administration
10/26/2015 10:39:06 AM
Submitted by
Title: Assistant County Attorney, CAO General Services
Name: BelpedioJennifer
10/26/2015 10:39:07 AM
Approved By
Name: HendricksKevin
Title: Manager-Right of Way, Transportation Engineering&Construction Management
Date: 10/26/2015 11:38:02 AM
Name: TaylorLisa
Title:Management/Budget Analyst, Senior, Capital Construction&Maintenance Budget/Fiscal
Date: 10/26/2015 12:27:05 PM
Name: ShueGene
Title:Division Director-Operations Support, Growth Management Department
Date: 10/26/2015 2:38:54 PM
Name: KearnsAllison
Title:Manager-Financial &Operational Sprt, Capital Construction&Maintenance Budget/Fiscal
Date: 10/27/2015 11:50:17 AM
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Name: AhmadJay
Title: Division Director-Transportation Eng, Transportation Engineering& Construction Management
Date: 10/28/2015 9:48:11 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 10/28/2015 10:19:05 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Administration
Date: 10/29/2015 7:18:52 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/29/2015 9:46:54 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 11/2/2015 10:28:48 AM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 11/2/2015 1:18:56 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, Case No. 14-CA-2701
v.
EVA BALDRICH, ET AL Parcel: 217RDUE
Respondents.
JOINT MOTION FOR FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, Estate of Joann
Feinstein, by and through their undersigned counsel, hereby respectfully move for entry of the
attached Final udgm t as to Parcel 217RDUE attached hereto as Exhibit"1".
Dated: to der/13,
2015 Dated:
fir
• .r; W G. DIAZ/ JENNIFER A. BELPEDIO
Florida Bar No 974'196 Florida Bar No. 186030
Gaylord Merlin'Ludovici & Diaz Collier County Attorney's Office
5001 West Cypress Street 3299 East Tamiami Trail, Suite 800
Tampa,Florida 33607 Naples,FL 34112
Ph: 813-221-9000 (239)252-8400- Telephone
Fax: 813-221-9030 (239) 774-0225 - Facsimile
COUNSEL FOR RESPONDENT, COUNSEL FOR PETITIONER
Estate of Joann Feinstein jenniferbelpedio(a@colliergov.net
adiaz@,gaylordmerlin.com emilypepin @colliergov.net
sherimalcolm @colliergov.net
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11/10/2015 16.K.1.
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for 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 US mail to all parties as indicated on
the Service List below on this day of ,2015.
BY:
JENNIFER A. BELPEDIO,ESQUIRE
SERVICE LIST
Parcel 217RDUE
Estate of JoAnn Feinstein
c/o Andrew Diaz,Esq.
Gaylord, Merlin, Ludovici &Diaz
5001 West Cypress Street
Tampa, FL 33607
adiaz(a)gaylordmerlin.com
via electronic mail
[14-CA-2701/1215843/1]
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COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida,
Petitioner, Case No. 14-CA-2701
v.
EVA BALDRICH, ET AL Parcel: 217RDUE
Respondents.
FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent, Estate
of Joann Feinstein, by and through their undersigned counsel, for entry of a Final Judgment as to
Parcel 217RDUE 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 and the Court being otherwise fully advised in the premises
thereof,it is thereupon
ORDERED AND ADJUDGED that Respondent have and recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of $9,000.00 for Parcel 217RDUE, 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, improvements, 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 $1,400.00 as payment for
acquisition of Parcel 217RDUE, at which time title to said parcel as described in Exhibit "A"
vested in the name of the Petitioner; it is further
EXHIBIT
[14-CA-2701/1215843/1]
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ORDERED that within thirty (30) days hereof, Petitioner shall pay the total sum of
$7,600.00 to Gaylord Merlin Ludovici & Diaz Trust Account do Andrew Diaz, Esq., 5001 West
Cypress Street Tampa, Florida 33607, in additional funds over the amount previously deposited
into the Court Registry; it is further
ORDERED that this Order disposes of all claims arising out of the taking of Parcel
217RDUE and that have or could have been asserted in this cause; it is further
ORDERED that right-of-way, drainage and utility easement interest to Parcel 217RDUE
being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in
Petitioner pursuant to the Order of Taking dated July 9, 2015 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 Record Book 5104, Page 3649 of the Public Records of Collier County, Florida be
dismissed as to Parcel 217RDUE, it is further
ORDERED that the Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment; it is further
ORDERED that this 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 ,20+
HONORABLE SHENKO
CIRCUIT COURT JUDGE
conformed copies to:
Jennifer A. Belpedio, Esq.
Andrew G. Diaz, Esq.
Kevin Hendricks, Transportation ROW Acquisition Manager
Clerk's Office, Accounting
[14-CA-2701/1215843/1]
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I � 1
WEST 150' OF TEJEDA
TRACT 74 OR 1366/51
FEINSTEIN
OR 241/609
TRACT 73 TRACT 74 TRACT 107
GOLDEN GATE ESTATES
UNIT 49
PLAT BOOK 5 PAGE 80
N
' •
W E
S
PROPOSED ROADWAY EASEMENT
PARCEL 217 ROUE
3.750 50. Ff.
25'
105+00
//50'
104+00 i1 pC'4 e, 107+00 108+00 109+00
�/�;'
GOLDEN GATE BOULEVARD (CR 876)
OR OFFICIAL RECORDS (BOOK/PAGE)
E.7.73 PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE)
-1 EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
I I USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 80
LEGAL DESCRIPTION FOR PARCEL 217 RDUE
A PORTION RECORDS OOCOLLLIER GOLDEN GATE ESTATES,
LYING IN SECTION AS
2, TOWNSHIP D49 SOUTH, RANGE PAGE BO OF THE PUBLIC
EAST, COLLIER
COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE NORTH 25 FEET OF THE SOUTH 75 FEET OF THE WEST 150 FEET OF SAID TRACT 4.
CONTAINING 3,750 SQUARE FEET. MORE OR LESS.
0 40 60 180 er: A.MM. SURVEYOR r WPM
SKETCH do DESCRIPTION ONLY �6m�00R�E� ROW,RECb1R�Ty1p{ '�'
NOT A BOUNDARY SURVEY SCAM 1'-80' Sr�NM (//jryp
NOT v410 M1ICH'THE MGM. r ta=MOOED SK or
FOR COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FIDRICIA REOrs'ERt11 NM YAPPER.
TA DC
GOLDEN GATE BOULEVARD wring vbalkoako
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT 3�Me4V 4>' 't
PARCEL 217 RDUE 0610 OIOMI PM p1Na Ws 000
Nagla.FkrM034100
COLLIER COUNTY, FLORIDA 111[44:(239)4974070 FAX:I251115n40571
1 LO NP.:6002
JOB NUMBER 050217 00 00 0007) REVISION I SECTION'TOWNSHIP I RANGE I 1.SCALE FEB. 2008 I DRAWN
S.D.L. I UN 9 NAME 17 1 OF SHEET EXHIBIT
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