Agenda 12/08/2015 Item #16K312/8/2015 16.K.3.
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion and Final Judgment in the amount of
$11,000.00 for total compensation owed for the taking of Parcel 240RDUE in the case styled
Collier County v Octavio M. Alfonso, et al., Case No. 15 -CA -230 required for the widening
of Golden Gate Boulevard from Wilson Boulevard to 20th Street E. (Fiscal Impact:
$5,320.00, Project 60040)
OBJECTIVE: To settle full compensation owed for the taking of Parcel 240RDUE, which is
required for the four - laning of Golden Gate Boulevard from Wilson Boulevard to 20th Street
East, Project No. 60040 (hereinafter referred to as the "Project ").
CONSIDERATIONS: Parcel 240RDUE is a 43' wide road right -of -way, drainage and utility
easement along the southern side of Golden Gate Boulevard over a parent tract owned by Jose
and Yngrid Richetti. See attached aerial for your reference. On July 30, 2015, Collier County
condemned Parcel 240RDUE and deposited a good faith estimate of value of $5,890.00 into the
Court Registry. Through negotiations, the parties agreed to full compensation for Parcel
240RDUE in the amount of $11,000.00, which includes compensation for the part taken, all
damages to the remainder, all improvements, attorney's fees, experts' fees and costs.
If this item is approved, the County will be required to pay an additional $5,110.00 in
compensation to the property owner, as well as a $170.00 Clerk's deposit fee and approximately
$40.00 in recording fees.
The County Attorney's Office and staff recommend approval of this item since a better result is
not expected at trial. Upon approval, the County Attorney's Office will file the attached Joint
Motion for Final Judgment with the Circuit Court.
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: Funds in the amount of $5,320.00 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 attached Joint
Motion for Final Judgment and authorizes the payment of funds as stated herein.
Prepared By: Emily R. Pepin, Assistant County Attorney
Attachments: (1) Proposed Joint Motion for Final Judgment
(2) Aerial of Parcel 240RDUE
[I 5-CA -23 0/ 1222474/ 1 ]
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12/8/2015 16.K.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.3.
Item Summary: Recommendation to approve a Joint Motion and Final Judgment in the
amount of $11,000 for total compensation owed for the taking of Parcel 240RDUE in the case
styled Collier County v. Octavio M. Alfonso, et al., Case No. 15 -CA -230 required for the widening
of Golden Gate Boulevard from Wilson Boulevard to 20th Street E. (Fiscal Impact: $5,320,
Project 60040)
Meeting Date: 12/8/2015
Prepared By
Name: AllenDebbie
Title: Legal Office Administrator, CAO Office Administration
11/16/2015 10:50:47 AM
Submitted by
Title: Assistant County Attorney, CAO Litigation
Name: PepinEmily
11/16/2015 10:50:48 AM
Approved By
Name: TaylorLisa
Title: Management/Budget Analyst, Senior, Capital Construction & Maintenance Budget/Fiscal
Date: 11/17/2015 9:05:36 AM
Name: KearnsAllison
Title: Manager - Financial & Operational Sprt, Capital Construction & Maintenance Budget/Fiscal
Date: 11/17/2015 4:37:11 PM
Name: ShueGene
Title: Division Director - Operations Support, Growth Management Department
Date: 11/17/2015 6:03:32 PM
Name: AhmadJay
Title: Division Director - Transportation Eng, Transportation Engineering & Construction Management
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Date: 11/20/2015 8:19:30 AM
12/8/2015 16.K.3.
Name: HendricksKevin
Title: Manager - Right of Way, Transportation Engineering & Construction Management
Date: 11/20/2015 2:42:16 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 11 /20/2015 3:01:44 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Administration
Date: 11/20/2015 3:36:05 PM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 11/20/2015 3:52:00 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/23/2015 9:24:05 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 11/23/2015 11:18:39 AM
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12/8/2015 16.K.3.
AERIAL PHOTO OF RICHETTI PROPERTY (ROW PARCEL NO. 240RDUE)
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12/8/2015 16.K.3.
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: 240RDUE
Respondents.
JOINT MOTION FOR FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel,
together writh Respondents, JOSE A. RICRETTI and YNGRID RICHETTI, hereby respectfully
move for entry of the attached Final Judgment as to Parcel 240RDUE attached hereto as Exhibit
"1 "%
EMILY R. PEPIN, ESQUIRE
Florida Bar No. 92956
Collier County Attorney's Office
3299 East Tamiami Trail, Suite 800
Naples, FL 34112
Telephone: (239) 252 -8400
Facsimile: (239) 774 -0225
COUNSEL FOR PETIT1O;N,ER
emilypepin .collier gov net
ienniferbelpedi'or %collierl;ov net
nancvbradley �ucolliergov net
DATED:
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40�'e�' ' all
Jose A. Richetti
1530 Golden Gate Boulevard, East
Naples, FL 34120
PRO SE RESPOJNTDEN7'
DATED: _ �tl 1s1 \s
L
Yngrid Richetti
1530 Golden Gate Boulevard, East
Naples, FL 34120
PRO SE Ii,ESPUFN'DEh'7'
DATED: _Vvov
12/8/2015 16.K.3.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this 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.
nz
SERVICE LIST
EMILY R. PEPIN, ESQUIRE
PARCEL 240RDUE
Jose A. Richetti and Yngrid Richetti Florida Community Bank, N.A.
1530 Golden Gate Boulevard, East c/o Kenneth Jones, Esquire
Naples, FL 34120 kiones..rataw corn
sery kcones
Navistar Financial Corp.
C/o CT Corporation System, Registered ,Agent
1200 S. Pine Island Road
Plantation, FL 33324
_ e• u: ralaw corn
Midland Funding, LLC
c/o Corporation Service Company, Registered
Agent
1201 Hays Street
'I'allahassee, FL 32301 -2525
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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,
V.
OCTAVIO M. ALFONSO, ET AL.,
Respondents.
FINAL JUDGMENT
12/8/2015 16.K.3.
Case No.: 15 -CA -230
PARCEL: 240RDUE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents,
JOSE A. RICHETTI and YNGRID RICHETTI, pro se, for entry of a Final Judgment as to Parcel
240RDUE 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, JOSE A. RICHETTI and YNGRID RICHETTI, and the
Court being otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondents have and recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Eleven Thousand and No /100 Dollars
($11,000.00) for Parcel 240RDUE, 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, statutory interest, attorney's fees, and expert fees and costs in connection with said
Parcel; it is further
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12/8/2015 16.K.3.
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 Eight
Hundred Ninety and No /100 Dollars ($5,890.00), as payment for acquisition of Parcel
240RDUE, 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 the net sum of
Five Thousand One Hundred Ten and No /100 Dollars ($5,110.00) into the Court Registry,
which funds are subject to apportionment by further order of the Court; it is further
ORDERED that this Court reserves jurisdiction for apportionment for the funds on
deposit in the Court Registry; it is further
ORDERED that this Order disposes of all claims arising out of the taking of Parcel
240RDUE 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 240RDUE,
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
ORDERED 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 240RDUE; 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
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12/8/2015 16.K.3.
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this
day of , 2015.
HONORABLE CYNTHIA A. PIVACEK
CIRCUIT COURT JUDGE
conformed copies to:
Emily R. Pepin, Esq., Counsel far Petitioner, emilypel2in(a,collier ov net
Jose A. Richetti, Pro Se Respondent, 1530 Golden Gate Boulevard, East, Naples, FL 34120
Yngrid Richetti, Pro Se Respondent, 1530 Golden Gate Boulevard, East, Naples, FL 34120
Kevin Hendricks, Transportation ROW Acquisition Manager, kevinhendricks(�coliiergov net
Clerk's Office, Accounting
15-CA-2301768
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TRACT 97
GO10E111 GATE BOULEVARD (CR 676)
123+00 •I 124 +00 1
PROPOSED ROADWAY EASI
PARCEL 240 ROUE
7.095 Sts. FT.
TRACT 134
GOLDEN GATE ESTATES
UNIT 48
PLAT BOOK 15 PAGE 76
EAST t55' OF
TRACT 134
OIFABIO & DIFAB10 RICHEM
OR 3i8T/750 OR 3583/1358
12/8/2015 16.K.3.
TRACT 135—
N
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S.
SD, FT, SQUARE FEET
OR OFFICIAL RECORDS (BOOK /PAGE) 7ECM pOW
PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) FEB
ROADWAY EASEMENT E A7RPETUat USE O1HEPUBLG PER PLAT BOOK 5, PAGE 78
LEGAL. DESCRIPTION FOR PARCEL 240 ROUE
A PORTION OF TRACT 134, GOLDEN GATE ESTATES, UNIT 48 AS RECORDED IN PLAT BOOK 5, PAGE 78 OF THE
PUBLIC RECORDS OF COLLIER wuNTY, FLORIDA, LYING IN SECTION 7, TOWNSHIP 49 SOUTH; RANGE 27 EAa1,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY' DESCR18E0 AS FOLLOWS.
THE SOUTH 43 FEET OF THE NORTH 93 FEET OF THE EAST 165 FEET OF SAO TRACT i 4,
CONTAINING 7,095 SQUARE FEET. MORE OR LESS,
0 40 ao tao
SKETCH ft DESCRIPTION OFtL,X + , nmtl A3 Ia MAPKA
NOT A BOUNDARY SURVEY ttcu i.— " Vin"+
FOR: COLLIER COUNTY GOARNMENT BOARD OF COUNTY COMMISSIONERS NOT A ob�1 S 1� sGt,
GOLDEN GATE BOULEVARD�
$KE7Cit & DESCRIPTION OF: PROPOSED ROADWAY EASE{dBNT
PARCEL 940 RDUE
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Ja�B r:UMBER REVISION SEGTipM TOWN IP RANGE SCALE PATE -DRAWN SY FILE NAi1E
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E Packet Page -2348-at Motion for Final Judgment
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