Agenda 10/14/2014 Item # 16K2 10/14/2014 16.K.2.
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion and Final Judgment as to Respondent,
Commercial Properties Southwest, Inc.'s interest in the taking of Parcel 113FEE in the
case styled Collier County v. New Plan Florida Holdings, LLC for the improvements to the
intersection of Collier Boulevard (C.R. 951) and US 41 (Project No. 60116). (Fiscal Impact:
$7,500.)
OBJECTIVE: To settle the lawsuit styled Collier County v. New Plan Florida Holdings, LLC,
et al, as to Commercial Properties Southwest, Inc.'s interest in Parcel 113FEE and eliminate
exposure to further costs arising out of extended litigation.
CONSIDERATIONS: Parcel 113FEE was taken by Collier County for the purpose of
constructing at-grade improvements to the intersection of US-41 and Collier Boulevard. The
parent tract property is a shopping center known as Freedom Square owned by New Plan Florida,
Holdings, LLC.
Commercial Properties Southwest. Inc. is the holder of a reciprocal access easement over New
Plan Florida Holdings' shopping center property from which Parcel 113FEE was taken. As such,
Commercial Properties Southwest, Inc. had to be served as a party respondent in the eminent
domain lawsuit styled Collier County v. New Plan Florida Holdings, LLC, et al, and was
therefore entitled to hire counsel and expert witnesses for the purpose of exercising their right to
make an apportionment claim on the proceeds from the County's deposit.
Commercial Properties Southwest, Inc. has agreed to resolve their entitlement to apportionment
for the total sum of$7.500 inclusive of attorney fees and expert witness costs.
FISCAL IMPACT: Funds in the amount of$7,500 are available in Project No. 60116. 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: There is no growth management impart associated
with the approval of this agenda item.
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 of Collier County, Florida,
approves entry of the attached Joint Motion and Final Judgment with the Circuit Court.
Prepared by: Emily R. Pepin, Assistant County Attorney
Attachments: (I) Joint Motion and Final Judgment with sketch exhibit
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10/14/2014 16.K.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.2.
Item Summary: Recommendation to approve a Joint Motion and Final Judgment as to
Respondent, Commercial Properties Southwest, Inc.'s interest in the taking of Parcel 113FEE in
the case styled Collier County v. New Plan Florida Holdings, LLC for the improvements to the
intersection of Collier Boulevard (C.R. 951) and US 41 (Project No. 60116). (Fiscal Impact:
$7,500.)
Meeting Date: 10/14/2014
Prepared By
Name: CrotteauKathynell
Title:Legal Secretary, CAO Office Administration
9/25/2014 11:38:33 AM
Approved By
Name: KhawajaAnthony
Title: Chief Engineer-Traffic Operations, Traffic Operations
Date: 9/25/2014 4:56:15 PM
Name: HendricksKevin
Title:Manager-Right of Way, Transportation Engineering&Construction Management
Date: 9/26/2014 2:34:51 PM
Name: TaylorLisa
Title:Management/Budget Analyst, Transportation Administration
Date: 10/1/2014 2:46:47 PM
Name: KearnsAllison
Title: Manager Financial &Operational Support, Transportation Administration
Date: 10/1/2014 2:49:24 PM
Name: ShueGene
Title: Director-Operations Support, Transportation Administration
Date: 10/2/2014 9:11:41 AM
Name: PepinEmily
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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,
Case No.: 13-CA-238
Petitioner,
Parcel: 113FEE
vs.
NEW PLAN FLORIDA HOLDINGS, LLC, a
'Delaware limited liability company; et al.,
Respondents.
JOINT MOTION FOR FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, COMMERCIAL
PROPERTIES SOUTHWEST, INC., hereby respectfully move for entry of the Stipulated Final
Judgment as to Parcel 113FEE attached as Exhibit "A"hereto.
Dated: ‹` Z Ste',� Dated:
G• GOR S. ,ESQUIRE EMILY R. PEPIN,ESQUIRE
Florida Bar No. 317217 Florida Bar No. 92956
MOORE BOWMAN &RIX, P.A. OFFICE OF THE COUNTY
300 West Platt Street, Suite 100 3299 East Tamiami Trail, Suite 800
Tampa, FL 33606 Naples, FL 34112
grix(u!mbrfinn.com emilvpepinecolliergov.net
isvlvia@mbrfirm.com kathvnellcrotteauZcolliergov.net
bmoore( mbrfirm.com nancybradley(a�colliergov.net
ksasse(a)mbrfirm.com ATTORNEY FOR PETITIONER
ATTORNEY FOR RESPONDENT COLLIER COUNTY, FLORIDA
COMMERCIAL PROPERTIES SOUTHWEST,
INC.
1
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EXHIBIT "A"
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.: 13-CA-238
Petitioner,
Parcel 113FEE
vs.
NEW PLAN FLORIDA HOLDINGS, LLC, a
Delaware limited liability company;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 undersigned counsel, and Respondent,
COMMERCIAL PROPERTIES SOUTHWEST, INC., by and through its undersigned counsel,
for entry of a Final Judgment as to Parcel 113FEE for Project 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,
'COMM,COMMERCIAL PROPERTIES SOUTHWEST, INC and the Court being fully advised in e
ERCIAL \ 1 L \11LV v 1a Lu a, 1a v., e_ n thv
premises thereof, it is thereupon
ORDERED AND ADJUDGED that:
1. Respondent, COMMERCIAL PROPERTIES SOUTHWEST, INC., have and recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Seven Thousand Five
Hundred and No/100 Dollars ($7,500.00) for Parcel 113FEE, for full compensation, including
severance damages, cost to cure, statutory interest, business damages, including attorney's fees
and expert fees and costs.
1
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"BmB"` 10/14/2014 16.K.2.
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FEE SIMPLE AID..ALSO KNOWN AS
LEGAL DESCRIPTION — PARCEL 113FEE INTEREST
A PARCEL OF LAND LYING IN SEe71GI1 3,TOWNSHIP 51 SOUTM. RANGE 26 EAST, COWER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF TRACT 16. LELY RESORT PHASE 1, AS RECORDED N PLAT BOOK 18, PAGE
$7, or THE PUBLIC RECORDS OF COLLIER COWRY, FLORIDA ALSO BEM A POINT ON THE NORTHERLY RIGHT-OF-WAY
LINE OF US. 41;
THENCE N54'20'26'W FOR 79.85 FEET ALONG SAM NORTHERLY RIGHT-OF-WAY LINE OF U.S. 41;
THENCE N3•39•04-E FOR 15.00 FEET ALONG THE WESTERLY BOUNDARY OF TRACT 3E, FREEDOM SOUARE, AS RECORDED
IN PLAT BOOK 22, PAGE 56 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA
THENCE LEAVING SAID WESTERLY BOUNDARY S54'20'26'E FOR 78.85 FEET;
THENCE 535'39'041V FOR 15.00 FEET ALONG THE EASTERLY BOUNDARY Cr SAID TRACT 3E. TO THE POINT or
I I 36C14NNO OF THE PARCEL HEREIN 6
DESCR10: ■
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CONTAINING 1,19B SOUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
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MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS1 5301 DATE SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER.IRS IS NOT A SURVEY.
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