Agenda 12/08/2015 Item #16K112/8/2015 16.K.1.
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion and Final Judgment in the total amount of
$45,000.00 for Parcel 139RDUE in the case styled Collier County v Grover C. Woody, III, et
al., Case No. 15 -CA -0199, which was condemned for the widening of Golden Gate
Boulevard from Wilson to 20th Street E, Project No. 60040. (Fiscal Impact: $17,810.00)
OBJECTIVE: To settle full compensation owed for the taking of Parcel 139RDUE required for
the construction of road improvements to Golden Gate Boulevard, Project No. 60040, hereinafter
referred to as the "Project."
CONSIDERATIONS: On July 30, 2015, the County condemned Parcel 139RDUE and
deposited a good faith estimate of value in the amount of $27,400 into the Court Registry. Parcel
139RDUE is a 3,460 square foot road right -of -way, drainage and utility easement along the north
side of Golden Gate Boulevard taken from the property owned by Marta B. Rivas. See attached
aerial. Located within the take are a wooden fence, an electric gate, and several trees for which
the County is required to compensate the owner. Through negotiations, the parties agreed to total
compensation in the amount of $45,000.00, including payment for the property taken, all
improvements, damages, attorney's fees and expert fees. The County will also be responsible for
a Clerk's deposit fee in the amount of $170.00, as well as an estimated recording fee of $40.00.
The County Attorney's Office and staff recommend approval of this settlement since a better
result is not necessarily expected at trial, and the majority of the cost and expense of a jury trial
is the condemning authority's burden by law. Upon approval, the County Attorney's Office will
file the attached Joint Motion and Final Judgment with the Circuit Court.
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: Funds in the amount of $17,810.00 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.
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 terms of the
attached Joint Motion and Final Judgment and authorizes the payment of funds as stated herein.
Prepared by: Emily R. Pepin, Assistant County Attorney
Attachments: (1) Proposed Joint Motion and Final Judgment
(2) Aerial of Parcel 139RDUE
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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
total amount of $45,000 for Parcel 139RDUE in the case styled Collier County v. Grover C.
Woody, III, et al., Case No. 15 -CA -0199, which was condemned for the widening of Golden Gate
Boulevard from Wilson to 20th Street E, Project No. 60040. (Fiscal Impact: $17,810)
Meeting Date: 12/8/2015
Prepared By
Name: AllenDebbie
Title: Legal Office Administrator, CAO Office Administration
11/4/2015 2:29:06 PM
Submitted by
Title: Assistant County Attorney, CAO Litigation
Name: PepinEmily
11/4/2015 2:29:08 PM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way, Transportation Engineering & Construction Management
Date: 11/4/2015 2:50:04 PM
Name: TaylorLisa
Title: Management/Budget Analyst, Senior, Capital Construction & Maintenance Budget/Fiscal
Date: 11/4/2015 3:40:16 PM
Name: AhmadJay
Title: Division Director - Transportation Eng, Transportation Engineering & Construction Management
Date: 11/5/2015 7:51:22 AM
Name: ShueGene
Title: Division Director - Operations Support, Growth Management Department
Date: 11/9/2015 1:12:11 PM
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Name: KeamsAllison
Title: Manager - Financial & Operational Sprt, Capital Construction & Maintenance Budget/Fiscal
Date: 11/10/2015 10:46:43 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 11/10/2015 3:29:40 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Administration
Date: 11/10/2015 4:36:13 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/12/2015 11:49:33 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 11/19/2015 11:17:30 AM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 11/20/2015 8:39:27 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, apolitical
subdivision of the State of Florida,
Petitioner, Case No. 15 -CA -199
V.
PARCEL: 139RDUE
GROVER C. WOODY, III, ET AL.,
Respondents.
JOINT MOTION FOR FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, _ together with Respondent, MARTA B.
RIVAS, by and through their undersigned counsel, hereby respectfully moves for entry of the
attached Final Judgment as to Parcel 13 9RDUE attached hereto as Exhibit "1
r
Dat �1�% G1, Dated:
BEWA Y. PATEL, 8SOUIRE EMILY R. PEPIN, ESQUIRE
Florida Bar No. 961670 Florida Bar No. 92956
Bella Y. Patel, P.A. Collier County Attorney's Office
13026 Waterford Run Drive 3299 East Tamiami Trail, Suite 800
Riverview, FL .33569 Naples, FL 34112
Telephone: (813) 643 -2762 Telephone: (239) 252 -8400
Facsimile: (813) 643 -2612 Facsimile: (239) 774 -0225
COUNSEL FOR RESPONDENT COUNSEL FOR PETITIONER
MARTA B. RIVAS COLLIER COUNTY
Bellapatelpa @aol.com emilypepinncolliergov.izet
jenniferbelpediona,collier ov.net
nancybradleygeolliergov. net
[15-CA-199/1220454/11
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CERTIFICATE OF SERVICE
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 U.S. mail to parties as
indicated on the Service List below on this day of November, 2015.
BY:
EMILY R. PEPIN, ESQUIRE
SERVICE LIST
PARCEL 139RDUE
Marta B Rivas Wells Fargo Bank, N.A.
c/o Bella Y. Patel, Esquire Successor to World Savings Bank and
bellapatelpa(a�aoi.com Wachovia Bank
c/o Stacey -Ann Saint- Hubert, Esquire
Asset Acceptance, LLC Kass Shuler, P.A.
c/o Corporation Service Company, Registered eservicelienmonitorekasslaw.com
Agent
1201 Hays Street Unknown Tenants
Tallahassee, FL 32301 -2525 161 Golden Gate Boulevard E
Naples, FL 34120 -9201
15-CA -199/ #767
[I 5-CA- 199/1220454/ 1 ]
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IN THE CIRCUIT COURT OF THE TWENTIETH
JUDICIAL CIRCUITIN AND FOR
COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Petitioner, Case No. 15 -CA -199
V.
PARCEL: 139RDUE
GROVER C. WOODY, III, ET AL.,
Respondents.
FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its counsel, and Respondent, MARTA B.
RIVAS, by and through her counsel, for entry of a Final Judgment as to Parcel 139RDUE 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 that Respondent have and recover from Petitioner, COLLIER COUNTY,
FLORIDA, the total sum of Thirty -Five Thousand and No /100 Dollars ($35,000.00) for Parcel
139RDUE, 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, net costs to cure,
improvements, and statutory interest, in connection with said parcel; it is further
Exhibit "I" to Joint Motion for Final Judgment
[15-CA- 199/1220454/1)
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ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay Ten Thousand
and No /100 Dollars ($10,000.00) to Respondents for all attorney's fees, expert fees and costs,
and no other attorney's fees or costs shall be awarded in this case; 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 Twenty -Seven Thousand
Four Hundred and No /100 Dollars ($27,400.00), as payment for acquisition of Parcel
139RDUE, 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 hereof, Petitioner shall deposit an additional sum
of Seven Thousand Six Hundred and No /100 Dollars ($7,600.00) into the Court Registry,
which funds are subject to apportionment by further order of the Court; it is further
ORDERED that within thirty (30) days hereof, Petitioner shall pay the total sum of Ten
Thousand and No /100 Dollars ($10,000.00) to Bella Y. Patel, P.A. Trust Account, c/o Bella Y.
Patel, Esquire, 13026 Waterford Run Drive, Riverview, Florida 33569 for all attorney's fees and
expert fees and costs; it is further
ORDERED that this Order disposes of all claims arising out of the taking of Parcel
139RDUE and that have or could have been asserted in this cause; it is further
ORDERED that this Court reserves jurisdiction for apportionment for the funds on
deposit in the Court Registry
ORDERED that road right -of -way, drainage and utility easement interest to Parcel
139RDUE, being fully described in Exhibit "A" attached hereto and incorporated herein, which
vested in Petitioner pursuant to the Order of Taking dated July 30, 2015, and the deposit of
money heretofore made, is approved, ratified, and confirmed; it is further
(15 -CA- 199/1220454/1)
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ORDERED that the Notice of Lis Pendens filed in the above - styled cause and recorded in
Official Record Book 5117, Page 3940 of the Public Records of Collier County, Florida be
dismissed as to Parcel 139RDUE; it is further
ORDERED that the Court reserves jurisdiction to enforce the terms of this 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 November, 2015.
HONORABLE CYNTHIA A. PIVACEK
Circuit Court Judge
conformed copies to:
Bella Y. Patel, Esq., Counsel for Respondent Marta Rivas, Bellapatelpa(i ,aol.com
Emily R. Pepin, Esq., Counsel for Petitioner, emilvpepin a,colliergov.net
Stacey -Ann Saint - Hubert, Esq., Counsel for Respondent Dells Fargo Bank, eservicelienmonitor (i�kasslaw.com
Respondent Unknown Tenants, 161 Golden Gate Boulevard E., Naples, FL 34120 -9201
Respondent Asset Acceptance, LLC, c/o Corporation Service Co., Registered Agent, 1201 Hays St., Tallahassee, FL
32301 -2525
Kevin Hendricks, Transportation ROW Acquisition Manager, kevinhendricks r(7i colliergov.net
Clerk's Office, Accounting
[15 -CA- 199/1220454/1]
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XHIBIT "A"
N
PAGE 3 of 19
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RIVAS ANDERSON
OR 3462/1700 OR 1278/673 S
w
$ a
4 TRACT 35 °
TRACT 36 N TRACT 37
GOLDEN- GATE ESTATES
UNIT 14
a PLAT BOOK 7 PAGE 74
WEST 150' OF
? TRACT 36 &
S
I -
PROPOSED ROADWAY EASEMENT
PARCEL 139 RDUE
1 3.450 SO. FT.
23' / m
I
j
501
31 ±00 32+00 + 34+00 35 +00 36 +00
GOLDEN GATE BOULEVARD (CR 876)
I I
t,Q
SO. FT, SQUARE FEET
OR OFFICIAL RECORDS (BOOK /PAGE)
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) TECM ' ROW
f�"71 EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL FS O � 14i�
tL_Ld
USE OF THE PUBLIC PER PLAT BOOK 7. PAGE 74
LEGAL DESCRIPTION FOR PARCEL 139 RDUE
A PORTION OF TRACT 36, GOLDEN CATE ESTATES, UNIT 14 AS RECORDED IN PLAT BOOK 7, PAGE 74 OF THE PUBLIC
RECORDS OF COLLIER COUNTY. FLORIDA, LYING IN SECTION 3. TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER
COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE NORTH 23 FEET OF THE SOUTH 73 FEET OF THE WEST 150 FEET OF SAID TRACTT� 36.
CONTAINING 3,450 SQUARE FEET, MORE OR LESS.
0 40 4w 100
SKETCH & DESCRIPTION ONLY Ncswa &-WAM P40fESSICK l 3NR4EYM a IAPPDt
7tOWDA RTD3TR.tA N NO. l3Di
NOT A BOUNDARY SURVEY scmz; V -00' t �
;
FOR. COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS " VAA wmww SNE Oftlf14Y. .+ Rv= DAIRMSM) SIX or
A rWW PCOMTERM FF4WE 5*KW S W&fM AND WAPPIM,
I
GOLDEN GATE
CRQL£VARD
SKETC$ da DESCR[PTION OF: PROP05ED ROADTiAY EASEMENT
RZIRWAlm
PARCEL 139 RDUE
mawlIlerft*D&v'sui.2tiD
COLLIER COUNTY, FLORIDA
Wwa,a tb.34I09
Phm (t]O) 1974373 FAX:IW1307-0374
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JOB NUMBER
I REVISION
SECTION
1
TOWNSHIP
RANCE SCALE
DATE
DRAWN BY
FILE NAME
SHEET -
050217.00.01 00011
REV 01
3
49
27 t" . 80'
DEC. 2009
1 R.Y.
I SK 139
1 OF T
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AERIAL PHOTOGRAPH OF RIVAS PROPERTY
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