Loading...
Agenda 03/11/2014 Item #16K2n 3/11/2014 16.K.2. EXECUTIVE SUMMARY Recommendation to approve a Final Judgment for Parcel Nos. 135RDUE and 135SE in the amount of $71,100 in the lawsuit styled Collier County v Kaye Homes, Inc-, et aL, Case No. 10- 2680 -CA for the Collier Boulevard road improvement project. (Project No. 68056) (Fiscal Impact $44,770). OBJECTIVE: That the Board approve the attached Stipulated Final Judgment for payment of full compensation, for the taking of Parcel Nos. 135RDUE and 135SE in Collier County v. Kaye Homes, et al., Case No. 10- 2680 -CA, Collier Boulevard Project No. 68056. CONSIDERATIONS: Collier County condemned 37,659 square feet for a perpetual, non- exclusive, road right -of -way, drainage, and utilities easement (Parcel 135RDUE) and 2,387 square feet for a slope easement from the property owner, Pine Ridge Holdings, LLC. The County's original offer was $70,700 for both parcels. An updated appraisal reflected a reduction in the value of the Parcels of $43,600. An Order of Taking hearing was held on October 19, 2010 and the County deposited the sum of $26,500 into the Court Registry. The parties have since negotiated a settlement of $71,100: $70,100 for full compensation to the property owner and $1,000 in attorney's fees. In addition to the full compensation, if this final judgment is approved, the County agrees to allow a right -of -way access off of Weber Boulevard and off of White boulevard at the locations depicted in Exhibit B of the Final Judgment, upon proper application by the property owner. As well, the County will agree to formally acknowledge the lot split of Tract 150 (the parent tract). Staff finds this settlement to be reasonable and recommends approval. If the attached Final Judgment is approved, the County will be responsible for the following costs: Additional deposit: $ 43,600 Attorney's Fee: 1,000 Clerk's Deposit Fee: 170 TOTAL $ 44,770 FISCAL IIKPACT: Funds in the amount of $44,770 are available in Impact Fees. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. - ERP GROWTH MANAGEMENT EAPACT: None. RECOMMENDATION: That the Board of County Commissioners authorize the Final Judgment as to Parcels 135RDUE and 135SE and authorize payment of the funds as stated. Prepared by: Emily R. Pepin, Assistant County Attorney 10- 2680- CA/2482 Packet Page -1163- 3/11/2014 16.K.2. ^ COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.2. Item Summary: Recommendation to approve a Final Judgment for Parcel Nos. 135RDUE and 1355E in the amount of $71,100 in the lawsuit styled Collier County v. Kaye Homes, Inc., et al., Case No. 10- 2680 -CA for the Collier Boulevard road improvement project. (Project No. 68056) (Fiscal Impact $27,670) Meeting Date: 3/11/2014 Prepared By Name: NeetVirginia Title: Legal Assistant/Paralegal, CAO Office Administration 2/26/2014 3:51:52 PM Submitted by Title: Assistant County Attorney, CAO Litigation Name: PepinEmily 2/26/2014 3:51:53 PM Approved By Name: TaylorLisa Title: Management/Budget Analyst, Transportation Administration Date: 2/27/2014 2:09:43 PM Name: ShueGene Title: Director - Operations Support, Transportation Administration Date: 2/27/2014 3:02:05 PM Name: KearnsAllison Title: Manager Financial & Operational Support, Transportation Administration Date: 2/27/2014 3:11:57 PM Name: HendricksKevin Title: Manager - Right of Way, Transportation Engineering & Construction Management Date: 2/27/2014 3:26:09 PM Packet Page -1164- 3/11/2014 16.K.2. Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 2/27/2014 3:59:07 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 2/28/2014 12:48:19 PM Name: KlatzkowJeff Title: County Attorney, Date: 2/28/2014 1 :57:48 PM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 3/3/2014 1:05:45 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 3/3/2014 2:10:37 PM Packet Page -1165- 3/11/2014 16.K.2. 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, Case No. 10- 2680 -CA Petitioner, V. Parcels: 135RDUE, 135SE KAYE HOMES, INC., et al., Respondents. JOINT MOTION ON FINAL JUDGMENT Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, PINE RIDGE HOLDINGS, INC., hereby respectfully move for entry of the foregoing Final Judgment attached hereto as Exhibit "A ", as to Parcels 135RDUE and 135SE. Dated: z I L-1), y RICHARD D. YOVANOVICH, ESQUIRE Florida Bar No.: 782599 COLEMAN YOVANOVICH & KOESTER, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 (239) 435 -3535 - Telephone (239) 435 -1218 - Facsimile ryovanovich a(�. ccyklawfirm.com ATTORNEY FOR RESPONDENT, PINE RIDGE HOLDINGS, LLC Packet Page -1166- Dated: EMILY R. PEPIN, ESQUIRE Florida Bar No.: 92956 COLLIER COUNTY ATTORNEY'S OFFICE 3299 East Tamiami Trail, Suite 800 Naples, Florida 34112 (239) 252 -8400 - Telephone (239) 252 -6300 — Facsimile emilypepin _.collier og v.net ATTORNEY FOR PETITIONER, COLLIER COUNTY, FLORIDA 3/11/2014 16.K.2. 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, Case No. 10- 2680 -CA Petitioner, V. KAYE HOMES, INC., et al., Respondents. Parcels: 135RDUE, 135SE FINAL JUDGMENT THIS CAUSE having come before this Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, and Respondent, PINE RIDGE HOLDINGS, INC., by and through their undersigned counsel, for entry of a Final Judgment as to Parcels 135RDUE and 135SE 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 is the full compensation due the Respondent, PINE RIDGE HOLDINGS, INC., and the Court being fully advised in the premises, it is therefore ORDERED AND ADJUDGED that: 1. Respondent, PINE RIDGE HOLDINGS, INC., have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Seventy Thousand One Hundred Dollars and No /100 ($70,100) for Parcels 135RDUE and 135SE, as full compensation for the property taken, inclusive of severance damages, costs to cure, improvements, business damages and all other damages and costs relating to the taking of these parcels. 1 Packet Page -1167- 3/11/2014 16.K.2. 2. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good faith estimate of value previously deposited into the registry of the Clerk of the Circuit Court in the amount of Twenty -Six Thousand Five Hundred Dollars and 00 /100 ($26,500.00) pursuant to an Order of Taking dated October 19, 2010. 3. Within thirty (30) days hereof, Petitioner, COLLIER COUNTY, FLORIDA shall pay the sum of One Thousand Dollars and 00/100 ($1,000) to the COLEMAN YOVANOVICH & KOESTER TRUST ACCOUNT, c/o Richard D. Yovanovich, Esquire, 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103 as full settlement and satisfaction of all attorney's fees, including all supplemental attorney's fees, litigation costs, monetary benefits, and non - monetary benefits. 4. Within thirty (30) days hereof, Petitioner, COLLIER COUNTY, FLORIDA, shall deposit into the Court Registry the amount of Forty -Three Thousand Six Hundred Dollars and 00 /100 ($43,600.00) in additional compensation to those funds currently on deposit as described in Paragraph 2 above relating to the taking of Parcels 135RDUE and 135SE. 5. Within 15 days of the deposit described herein, the clerk shall disburse the funds of Seventy Thousand and One Hundred Dollars and No /100 ($70,100.00) and any interest accrued to date to the Yovanovich & Koester Trust Account, c/o Richard D. Yovanovich, Esquire, 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. 6. Parcel 135RDUE, a Perpetual, Non - Exclusive Road Right -of -Way, Drainage and Utility Easement and Parcel 135SE, a Slope Easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, FLORIDA, pursuant to the Order of Taking dated October 19, 2010, and the deposit of money heretofore made, is approved, ratified, and confirmed. 2 Packet Page -1168- 3/11/2014 16.K.2. 7. The County hereby acknowledges and recognizes that Tract 150, Golden Gate Estates, Unit No. 27, according to the map or plat thereof, as recorded in Plat Book 7, Page 17, Public Records of Collier County, Florida, has been properly split into two parcels. The parcels are legally described as follows: Parcel A- The West one half (1 /2))of Tract 150, Golden Gate Estates Unit No. 27, according to the plat thereof, as recorded in Plat Book 7, Page 17, Public Records of Collier County, Florida, And Parcel B- The East one half (1/2) of Tract 150, Golden Gate Estates Unit No. 27, according to the plat thereof, as recorded in Plat Book 7, Page 17, Public Records of Collier County, Florida. 8. Upon proper application made by Respondent, PINERIDGE HOLDINGS, INC., driveway connection permits (a/k/a "right -of -way permits ") will be issued for connection from Tract 150, Golden Gate Estates Unit No. 27, to the County road network on White Boulevard and on Weber Boulevard in the locations identified in Exhibit `B ". It is the intent of the parties that Parcels A and B share access to White Boulevard and that Parcel B has additional access to Weber Boulevard with the driveway apron being located as close as practicable to the northern boundary line of Parcel B. The access to Parcel B along Weber Boulevard shall remain a full access unless and until such time as Collier County, acting within its police powers to regulate traffic and access to the public road network in the interest of public safety and/or road way capacity, shall require a modification of said access. 3 Packet Page -1169- 3/11/2014 16.K.2. 9. The Court shall retain jurisdiction for apportionment of the funds held in the Court Registry. 10. The Notice of Lis Pendens filed in the above - styled cause and recorded in Official Records Book 4559 Page 1167, et seq. of the Public Records of Collier County, Florida be, dismissed as to Parcels 135RDUE and 135SE. 11. This Order disposes of all claims arising out of the taking of Parcels 135RDUE and 135SE and that have or could have been asserted in this cause. Florida. 12. This Final Judgment is to be recorded in the Official Records of Collier County, DONE AND ORDERED in Chambers at Naples, Collier County, Florida this day of _ , 2014. Conformed Copies to: Emily Pepin, Esquire Richard Yovanovich, Esquire General Electric Company John J. Watkins, Esquire Frank J & Marlene J. Celsnak Collier County Tax Collector Kevin Hendricks, Acquisition Mgr./Transp. Bookkeeping 10- 2680- CA/2478 HONORABLE LAUREN L. BRODIE CIRCUIT COURT JUDGE 4 Packet Page -1170- a m i S �16 4 l it �I pit l E i gl 3/11/2014 16.K.2.- CANAL .� ,. EXHIB�- Pages I of it r 3ATH L 10' PROPOSE) SLOPE EASEMENT PARCEL 135SE u1 z m TRACT 130 I TRACT 149 GOLDEN GATE ESTATES UNIT 27 PLAT ROOK 7. PAGE 17 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 PROPOSED ROADWAY EASMW PARCEL 135RDUE 37M s0. R. WEBER BLVD (AS WMHTNNED RIGHT OF WAY) 1 I 1 I 660 -(P) OR a OFFICIAL RECORDS (00M/PAGE) ® PROPOSED ROADWAT, DKWAW , AND U11LRY EamEWT (RDuE) FAD10 ' W E D 3STWO RK1HT OF WAY DEDICATED TO THE POIPETUAL USE OF THE AID (1M"MMMWT PUBLIC PER PLAT BOOK 7, PACE 17 LEGAL. DESCRIPTION FOR PARCEL 133RDUE A PORTION OF TRACT 150, GOLDEN DATE ESTATTS, UNIT 27 AS RECORDED 01 PUT BOOK Y. PAOC 17 Of THE PUBLIC RECORDS OF COLLIER COUNTY. FLORID LYWO IN SECTION 14, TOWNSHIP 44 SOUTH. RANGE 20 EAST. COWER Mum, FLORIDA "0 BORE PARTICULARLY DESCRIBED AS FOLLOWS. THE NORTH 50 FEET OF THE SOUTH 00 FELT OF SAID TRACT 150. LESS AND O(CEPT; THE WEST 40 FEET OF TRACT 160 (THAT PART 610019 AN OVTWU ROADWAY FASEUM PLR ED PLAT). CONTN FEET MORE 37,630 SQUARE F MORE OR Lf= o .o m ,o AFl����lftww SKETCH t OESCRIPIION ONLY s �'"010R NOT A BOUNDARY SURVEY xISS t• -w' d� FOR; COLI.IFR COUNTY GWEMDftM BOARD OF COUNTY COMLQSSIDNf7t; "0''"" 111 mrr °m °'°PL Y ` " M Swam t« a A ROlpl �I<!�l® �Y,M1'O Aw 1WM91, COLLD?R HOMXVA3M MC 83=CH k DI(BCRTPTION 08: PROPOMM RIGHT OF WAY Al� 6.w(rssxgM.t PARCEL 155RADL Ae.wrwFwOMwaa.r. ' COLLTSR COU"y. fwRwlt NA1A R.lr N1a rr.�e�n.Armc ran mwwao� Packet Page -1171- EXHIBIT 3/11/2014 16.K.2. 9. The Court shall retain jurisdiction for apportionment of the funds held in the Court Registry. 10. The Notice of Lis Pendens filed in the above - styled cause and recorded in Official Records Book 4559 Page 1167, et seq. of the Public Records of Collier County, Florida °be dismissed as to Parcels 135RDUE and 135SE. 11. This Order disposes of all claims arising out of the taking of Parcels 135RDUE and 135SE and that have or could have been asserted in this cause. 12. This Final Judgment is to be recorded in the Official Records of Collier County, Florida. DONE AND ORDERED in Chambers at Naples, Collier County, Florida this day of , 2014. Conformed Copies to: Emily Pepin, Esquire Richard Yovanovich, Esquire General Electric Company John J. Watkins, Esquire Frank J & Marlene J. Celsnak Collier County Tax Collector Kevin Hendricks, Acquisition Mgr./Transp. Bookkeeping 10- 2680- CA/2478 HONORABLE LAUREN L. BRODIE CIRCUIT COURT JUDGE 2 Packet Page -1170- zT F 3 Q� F{{ yI r i1 a �rr i� fl C 5 s t a 3/11/2014 16. K.2. - ® PROPOSED ROAOWAY. ORWAOF, AND UTRI}Y EASEMENT LRDUE) ® PROPOSED SLOPE EASEMENT E70STWC Wa OF WAY DEDICATED TO THE PMPCR,W. USE OF THE ® PUBLIC PER PLAT BOOK 7, PARE 17 LVIAL DMMFTWN FOR PARCEL 13M A POTYTION OF 1RACT 150. OOS.DEN GATE ESTATES, UNT 27 AS RECORDED IN PLAT BOOK 7, PACE 17 OF THE PUSUC RECORDS OF _ ._._. - ;�- EXFiiBi- PARWAARLY OESOHOBEU AS FOLLOWS. THE EAST 10 PFET OF THE WEST 70 FEET OF SMO TRACT 150, 3M STREET Page S 1 0 _` = o ao to -- 60' k DESCRIPTION ONLY +oa'ret wa ennKltp no PROPOSED SLOPE 'R ■o. trn�iM fm FORT cOUJER Hb11MY OOVERNYENT BOARD OF OOVNTY WMIAMONL74 yo vw� roL s COLLIER 19 WMAENT PARCEL IMSE DESVARD & C3CRIP'j'fON 0 ?t PSOP058D B¢OPE L61E1(EN7' R-WSIITCI L397 to ". PARCEL I35ST As�si�s�t t>t[ROYt COLLMR COUNTY, rWRMA PERPETUAL NON- EXCLUSI E �+ z SLOPE EASEMENT m TRACT 150 TRACT 149 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PACE 17 ME NOMES. BHC 3 OR 3764/2777 3 PROPOSED RDADY/AY EASE]4ENY PARCEL 135RDliE — —WW—ER BLVD _— (AS MNTAHM M%ff OF WAY) Nt = OFFICVL RECORDS TROOMMAM71 ® PROPOSED ROAOWAY. ORWAOF, AND UTRI}Y EASEMENT LRDUE) ® PROPOSED SLOPE EASEMENT E70STWC Wa OF WAY DEDICATED TO THE PMPCR,W. USE OF THE ® PUBLIC PER PLAT BOOK 7, PARE 17 LVIAL DMMFTWN FOR PARCEL 13M Packet Page -1172- A POTYTION OF 1RACT 150. OOS.DEN GATE ESTATES, UNT 27 AS RECORDED IN PLAT BOOK 7, PACE 17 OF THE PUSUC RECORDS OF COlJ1FR COUNTY. FLOPoOA. LYING ti SMMM 14. TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COHAJIY, NMV MMq YORE PARWAARLY OESOHOBEU AS FOLLOWS. THE EAST 10 PFET OF THE WEST 70 FEET OF SMO TRACT 150, tm AND E%CM: THE SOVIN W ffTS A TRACT 180, CSN/TN .39 MNC 27 5'OUARE FEET, YORE OR LESS, o ao to k DESCRIPTION ONLY +oa'ret wa ennKltp no NOT A NOT A BOUNDARY SURVEY twat t'.�a' ■o. trn�iM fm FORT cOUJER Hb11MY OOVERNYENT BOARD OF OOVNTY WMIAMONL74 yo vw� roL s COLLIER 19 DESVARD & C3CRIP'j'fON 0 ?t PSOP058D B¢OPE L61E1(EN7' R-WSIITCI PARCEL I35ST As�si�s�t t>t[ROYt COLLMR COUNTY, rWRMA Y19 Mp-PM 14 Nwtttn taavr, see atw�to..ne Packet Page -1172- EXHIBIT B PROPOSED DRIVEWAY LOCATION EXHIBIT PINE RIDGE HOLDINGS LLC PROPERTY (NORTH OF WHITE AND WEST OF WEBER BOULEVARDS) 39th Street R/W (by plat) i i i i i West one half (1/2) Tract 150 i i i DRIVEWAY 1 72 c� a� o i m i i i East one half (1/2) i Tract 150 i DRIVEWAY 2 i i i Weber Boulevard R/W SKETCH NOT TO SCALE Packet Page -1173- 1 3/11/2014 16.K.2.