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Agenda 01/12/2016 Item #16K 6 1/12/2016 16.K.6. EXECUTIVE SUMMARY Recommendation to approve a Final Judgment for Parcel 212RDUE 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: $11,355.50) OBJECTIVE: To settle the amount of full compensation for the taking of Parcel 212RDUE condemned for improvements to Golden Gate Boulevard, Project No. 60040, hereinafter referred to as the "Project." CONSIDERATIONS: On June 10, 2014, the Board authorized the condemnation of Parcel 212RDUE required for the construction of the Project. Parcel 212RDUE is a 4,400 square foot roadway, drainage and utility easement on the south side of Golden Gate Boulevard over a tract of land owned by Eva Baldrich. On July 9, 2015 the Court vested the title and interest of Parcel 212RDUE to the County, and as a good faith estimate of value the County deposited $8,850 into the Court Registry. Through negotiation, the parties agreed to total compensation in the amount of$20,000, which includes $5,300 in expert and attorney's fees. The County would be required to pay an additional $11,150, to the previously deposited amount of$8,850 for Parcel 212RDUE to arrive at the total compensated amount of$20,000. Additional costs of(1) $35.50; and (2) $170 is needed to cover the Clerk's fees for (1) recording of the Final Judgment in the Clerk's Official Records and (2) service charge for deposit into Court Registry. The County Attorney's Office and Staff recommend approval of this Final Judgment to eliminate exposure to further costs arising out of extended litigation. Should the Board approve the Final Judgment, the Joint Motion will be filed with the Circuit Court for entry of the Final Judgment. FISCAL IMPACT: Funds in the amount of $11,355.50 will be paid from gas taxes and/or impact fees from Golden Gate Boulevard Project No. 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 approve the attached Final Judgment and authorizes the payment of funds as stated herein. Prepared by: Jennifer A. Belpedio, Assistant County Attorney Attachments: (1) Proposed Joint Motion for Final Judgment; and (2)Aerials of Parcel 212RDUE 14-CA-2701/627 [14-CA-2701/1230455/1] Packet Page -2312- 1/12/2016 16.K.6. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.6. Item Summary: Recommendation to approve a Final Judgment for Parcel 212RDUE 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: $11,355.50) Meeting Date: 1/12/2016 Prepared By Name: AllenDebbie Title:Legal Office Administrator, CAO Office Administration 12/31/2015 11:38:56 AM Submitted by Title: Assistant County Attorney, CAO General Services Name: BelpedioJennifer 12/31/2015 11:38:58 AM Approved By Name: TaylorLisa Title:Management/Budget Analyst, Senior, Capital Construction&Maintenance Budget/Fiscal Date: 12/31/2015 2:10:15 PM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 1/4/2016 8:43:06 AM Name: HendricksKevin Title:Manager-Right of Way,Transportation Engineering&Construction Management Date: 1/4/2016 9:01:17 AM Name: KearnsAllison Title:Manager-Financial&Operational Sprt, Capital Construction&Maintenance Budget/Fiscal Date: 1/4/2016 11:34:37 AM Packet Page-2313- 1/12/2016 16.K.6. Name: AhmadJay Title: Division Director-Transportation Eng, Transportation Engineering&Construction Management Date: 1/5/2016 7:40:35 AM Name: BelpedioJennifer Title:Assistant County Attorney, CAO General Services Date: 1/5/2016 7:59:40 AM Name: MarcellaJeanne Title:Executive Secretary,Transportation Administration Date: 1/5/2016 9:20:17 AM Name: KlatzkowJeff Title: County Attorney, Date: 1/5/2016 10:17:59 AM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 1/5/2016 11:06:53 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 1/5/2016 11:57:44 AM Packet Page-2314- ' *vrti-----„ y 1/12/2016 16.K.6. F --14-r-,: 7 F .fu [ r ,,--if*"..,r4, m ' . } ry r . Y: Ki i�,, L----_ 111 N�' l i 3CUM1 pF' ywF i y �*. r r ir r; I q 1 v M t+.Aar... 11 1 L4 r }1 1 ?,' ¢ ' ;�. :sue x yh N "4 -' (/ by Fy I ,� �"., wF -,.k" Y 1 Packet Page -2315- 1 Approximate location of area to be taken in oiue. 1/12/2016 16.K.6. 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.: 14-CA-2701 PARCEL: 212RDUE EVA BALDRICH, ET AL, Respondents. / C PETITIONER COLLIER COUNTY AND RESPONDENT EVA BALDRICH'S JOINT MOTION FOR FINAL JUDGMENT Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, EVA BALDRICH, by and through their undersigned counsel, hereby respectfully move for entry of a Final Judgment as to Parcel 212RDUE attached hereto as Exhibit"1". 4 1 i JENIFER A. ' PEDIO, ESQUIRE BE LA Y. 'ATEL,ESQUIRE Florida Bar No. 1::030 Florida Bar No. 961670 Collier County Attorney's Office Bella Y. Patel,P.A. 3299 East Tamiami Trail, Suite 800 13026 Waterford Run Drive Naples, FL 34112 Riverview,FL 33569 Telephone: (239) 252-8400 Telephone: (813) 643-2762 Facsimile: (239) 774-0225 Facsimile: (813) 643-2612 COUNSEL FOR PETITIONER COUNSEL FOR RESPONDENT jenniferbelpedio ncolliergov.net EVA BALDRICH emilvpepin( collierQov.net Bellapatelpa(caol.com nancybradley@colliergov.net Packet Page -2316- 1/12/2016 16.K.6. 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 US mail to all parties as indicated on the Service List below on this day of January, 2016. BY: C - . - -- ✓`� JENNIFER A. ': .LPEDIO, ESQUIRE SERVICE LIST PARCEL 212RDUE Eva Baldrich Mortgage Electronic Registration Systems, Inc. do Bella Y. Patel,Esquire c/o Jeremy R. Singer,Esquire and Law Offices of Bella Y. Patel Michele L. Stocker, Esquire 13026 Waterford Run Drive Greenberg Traurig,P.A. Riverview, FL 33569 401 East Las Olas Blvd., Suite 2000 bellapatelpa(u%aol.com Fort Lauderdale, FL 33301 singer(aPgtlaw.com Sergio M. Baldrich stockerm(a,gtlaw.com 1210 Golden Gate Blvd. E. depasqualem @gtlaw.com Naples, FL 34120 smithingtlaw.com flservice,c.gtlaw.com Indymac Mortgage Services, a Division of One West Bank FSB c/o Jeremy R. Singer, Esquire and Michele L. Stocker, Esquire, Greenberg Traurig,P.A. 401 East Las Olas Blvd., Suite 2000 Fort Lauderdale, FL 33301 singer a,gtlaw.com stockerma gtlaw.com depasqualem@atiaw.com smithllgtlaw.com flservice@gtlaw.com 14-CA-2701/#610 Packet Page-2317- 1/12/2016 16.K.6. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY,FLORIDA COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, v. Case No.: 14-CA-2701 PARCEL: 212RDUE EVA BALDRICH, 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, EVA BALDRICH, by and through her counsel, for entry of a Final Judgment as to Parcel 212RDUE 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 EVA BALDRICH have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Fourteen Thousand Seven Hundred and No/100 Dollars ($14,700.00) for Parcel 212RDUE, 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"1"to Joint Motion for Final Judgment Packet Page-2318- 1/12/2016 16.K.6. ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay Five Thousand Three Hundred and No/100 Dollars ($5,300.00) to Respondent 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 Eight Thousand Eight Hundred Fifty and No/100 Dollars ($8,850.00), as payment for acquisition of Parcel 212RDUE, 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 Five Thousand Eight Hundred Fifty and No/100 Dollars ($5,850.00) 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 Five Thousand Three Hundred and No/100 Dollars ($5,300.00) 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 212RDUE 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; it is further ORDERED that road right-of-way, drainage and utility easement interest to Parcel 212RDUE, 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 Exhibit"1" to Joint Motion for Final Judgment Packet Page-2319- 1/12/2016 16.K.6. 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 212RDUE; 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 January,2016. HONORABLE JAMES R. SHENKO Circuit Court Judge Conformed copies to: Jennifer A. Belpedio, Esq., Counsel for Petitioner, ienniferbelpedio @colliergov.net Bella Y. Patel, Esq., Counsel for Respondent EVA BALDRICH, bellapatelpa @aol.com Pro Se Respondent SERGIO M BALDRICH, 1210 Golden Gate Blvd. E.,Naples, FL 34120 Jeremy R. Singer, Esq.,Michele L. Stocker, Esq., Counsel for Respondents MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., and INDYMAC MORTGAGE SERVICES, singer(ugtlaw.com; stockerm @gtlaw.com Kevin Hendricks, Transportation ROW Acquisition Manager, kevinhendricks @colliergov.net Clerk's Accounting 14-CA-2701/#610 Exhibit"1" to Joint Motion for Final Judgment Packet Page-2320- 1/12/2016 16.K.6. =GEN GATE BOULEVARD (CR+ 876) _t1XHIBlT AAN 101+00 i 1 s•+00 103+00 ( 10 f+00 105+00 106+30 _I r /J A POINT(COMMENCEUMENT . 50 50UTH UNE OF • NORTH 50' OF L2.4 13 4 TRACT 20 �• ♦ BE NIGt G 7 ∎��••'r fS WEST UNE OF PPOSD RADWY EASEMENT PARCEL 212 ROUE 4.400 S0, IT •IW ~ E ` "1 30' S OR NO RECORD R 04 RD EAST LINE OF WEST 30' OF TRACT 57 TRACT �8 8 TRACT GATES ESTATES TRACT 59 bi~ UNIT 48 PUT BOOK 5 PAGE 78 WEST 105' OF TRACT 58 g ,/ EAST LINE OF WEST 105' OF BALORICHI' TRACT 58 OR 4370/456 HERNANDEZ I ^ OR 4414/932 l/ 7E04-ROW LINE TABLE I1 2010 LIN BEARING LENGTH 38'E 50 00' OR OFFICIAL RECORDS (BOOK/PAGE) 12 N= S6"E ..' SO. FT. SQUARE FEET 13 75 01' VESa PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE) 15 al • .00' I EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL L6 14 15' (Tf" v��G�� USE OF THE PI18f.IC PER PLAT BOOK 5, PAGE 78 17 •...• 38 W 68.0 ' LEGAL DESCRIPTION FOR PARCEL 212 ROUE A PORTION OF TRACT 58. GOLDEN GATE ESTATES. UNIT 48 AS RECORDED IN PLAT 800+4 5, PAGE 78 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 2. TOWNSHIP 49 SOUTH. RANCE 27 EAST. COLLIER COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 58. THENCE S.0O'29'38'E., ALONG THC WEST LINE OF SAD TRACT 58, FOR 5000 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 50 FEET OF SAID TRACT 58; THENCE N.89'28'56'1.. ALONG SA10 SOUTH LINE, FOR 30 00 FEET TO THE POINT OF BEGINNING OF HEREIN DESCRIBED PARCEL; THENCE CONTINUE N.89'28'56"E., ALONG SAID SOUTH LANE. FOR 75 01 FEET TO A POINT ON THE EAST LINE OF THE WEST 105 FEET OF SAID TRACT 58; (HENCE S.0029'38"E., ALONG SAID EAST LINE. FOR 58.00 FEET, • THENCE 5.89'28'561V., FOR 65.00 FEET; TRENCE S.44•28•56"W., FOR 14,15 FEET TO A POINT ON THE EAST LINE OF THE WEST 33 FEET OF SAID TRACT 58: THENCE N.00'29'38"w., ALONG SAID EAST LINE, FOR 68.01 FEET TO THE POINT OF BEGiPRENO HEREIN DESCRIBED PARCEL, CONTAINING 4.400 SQUARE FEET, MORE OR LESS. o 4 SKETCH & DESCRIPTION ONLY � IN ; r�mcstbAw.1100tfoA M WPrc4 NOT A BOUNDARY SURVEY ICU&1.-�. /}O.o sTO1 FOR COLLIER COUNTY GOVERNMENT BOA/0 OF COUNTY COMMISSIONERS 'A rt venom NO �i�f a+�W WA of WOOL GOLDEN GATE BOULEVARD SKETCH k DESCRIPTION OF: PROPOSED ROADWAY EASEMENNT PARCEL 212 ROUE RAWattii COWER COUNTY. FLORIDA M10WMrMOM�►W0000 NAM,NAM MOO ►MIC11110 iA•0601 FM:O NO 00706111 J08 M/MBER R _ uN.r6x REVISION SECTION TOWNSHIP RANGE SCALE GATE DRAWN 9T FIE NAME SNEET C10717.00.01 0001 REV 011 2 t 49 1 27 ( I' = 80' ,DEC. 2009{ R.Y SK 212 J 1 Of 1 T-.L_L_` "1.. _- J cant otion for 1+lnai Judgment t • Packet Page-2321-