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Agenda 02/09/2016 Item #16K 1 2/9/2016 16.K.1. EXECUTIVE SUMMARY Recommendation to approve a Joint Motion and Stipulated Final Judgment in the amount of $12,000 for Parcels 102DUE and 102TCE, in the lawsuit captioned Collier County v. Henry Allen Fish, et al,Case No. 2015-CA-1810,required for the Intersection Improvement Project No. 60016. (Fiscal Impact: $4,870) OBJECTIVE: That the Board approve a Joint Motion and Stipulated Final Judgment in the amount of$12,000.00 concerning Parcels 102DUE and 102TCE for the construction of roadway and related drainage and utility improvements at the intersection of Lake Trafford Road and North 19th Street, Immokalee(Project 60016). CONSIDERATIONS: On January 6, 2016, Collier County condemned Parcels 102DUE and 102TCE and deposited $7,300.00 into the Court registry as a good faith estimate of value pursuant to an Order of Taking in the lawsuit styled Collier County v. Henry Allen Fish, et al, Case No. 2015-CA-1810. Parcel 102DUE is required for the construction of the Project and is a perpetual, non-exclusive drainage and utility easement. Parcel 102TCE is required for the construction of the Project and is a temporary, construction easement duration two years. Both Parcels are owned by Henry Allen Fish. An Aerial of Parcels 102DUE and 102TCE is attached. Through negotiations, the parties agreed to total compensation in the amount of$12,000.00. If approved, the County will be required to pay an additional $4,700.00, plus $170.00 ($4,870) for the Clerk's Registry deposit fee. The County Attorney's Office and Staff recommend approval of this Stipulated Final Judgment since a better result is not anticipated at trial. Upon approval, the County Attorney's Office will file the Joint Motion and Stipulated Final Judgment with the Circuit Court. FISCAL IMPACT: Funds in the amount of$4,870 will be paid from gas taxes and/or impact fees from Lake Trafford Road / North 19th Street Project No. 60016. 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 prepared by the County Attorney's Office, is 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 Joint Motion and Stipulated Final Judgment, and authorizes the payment of funds as stated herein. Prepared By: Jennifer A. Belpedio,Assistant County Attorney Attachments: Joint Motion and Stipulated Final Judgment; Aerial of Parcels 102DUE and 102TCE n Packet Page-1104- 2/9/2016 16.K.1 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.1. Item Summary: Recommendation to approve a Joint Motion and Stipulated Final Judgment in the amount of$12,000 for Parcels 102DUE and 102TCE, in the lawsuit captioned Collier County v. Henry Allen Fish, et al, Case No. 2015-CA-1810, required for the Intersection Improvement Project No. 60016. (Fiscal Impact: $4,870) Meeting Date: 2/9/2016 Prepared By Name: AllenDebbie Title: Legal Office Administrator, CAO Office Administration 1/20/2016 3:42:49 PM Submitted by Title:Assistant County Attorney, CAO General Services Name: BelpedioJennifer 1/20/2016 3:42:50 PM Approved By Name: TaylorLisa Title:Management/Budget Analyst, Senior, Capital Construction&Maintenance Budget/Fiscal Date: 1/20/2016 3:49:33 PM Name: ShueGene Title:Division Director-Operations Support, Growth Management Department Date: 1/21/2016 6:15:25 PM Name: AhrnadJay Title:Division Director-Transportation Eng,Transportation Engineering&Construction Management Date: 1/25/2016 8:39:39 AM Name: KearnsAllison Title:Manager-Financial &Operational Sprt,Capital Construction&Maintenance Budget/Fiscal Date: 1/26/2016 11:59:00 AM Packet Page -1105- 2/9/2016 16.K.1 . Name: HendricksKevin Title: Manager-Right of Way,Transportation Engineering&Construction Management Date: 1/28/2016 9:18:38 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Administration Date: 1/28/2016 9:24:39 AM Name: BelpedioJennifer Title:Assistant County Attorney,CAO General Services Date: 1/28/2016 10:27:43 AM Name: KlatzkowJeff Title: County Attorney, Date: 1/28/2016 4:09:58 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Management&Budget Date: 1/29/2016 9:23:06 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 1/31/2016 12:53:52 PM Packet Page -1106- 2/9/2016 16.K.1. Prepared for and property of Collier County Board of Commissioners. 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I ' 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-1810 HENRY ALLEN FISH; LEE COUNTY ELECTRIC PARCELS: 102DUE and 102TCE CO-OPERATIVE, INC.,IMMOKALEE RRH,LTD; UNITED STATES OF AMERICA, acting through the FARMERS HOME ADMINISTRATION,UNITED STATES DEPARTMENT OF AGRICULTURE Respondents. STIPULATED 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, HENRY ALLEN FISH,pro se, for entry of a Final Judgment as to Parcels 102DUE and 102TCE, for Project No. 60016, 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 Respondent, HENRY ALLEN FISH, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, HENRY ALLEN FISH, have and recover from Petitioner, COLLIER COUNTY, FLORIDA,the total sum of$12,000.00 for Parcels 102DUE and 102TCE, 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 [15-CA-1810/1228957/1] o 1 „a1 Packet Page -1108- 2/9/2016 16.K.1. j r1. ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good faith estimate of value to be deposited in the amount of$7,300.00, as payment for acquisition of Parcels 102DUE and 102TCE,at which time title to said parcel as described in Exhibit"A"will vest in the name of the Petitioner; it is further ORDERED, that immediately upon deposit, the Clerk shall disburse from the Court Registry the amount of$7,300.00 to Henry Allen Fish,321 W.Main Street,Immokalee,FL 34142;it is further ORDERED, that within thirty (30) days of entry of this Final Judgment, Petitioner shall pay the total sum of$4,700.00 to Henry Allen Fish, 321 W. Main Street,Immokalee,FL 34142, in additional funds over the amount previously deposited in the Court Registry; it is further ORDERED that this Order disposes of all claims arising out of the taking of Parcels 102DUE and 102TCE, and that have or could have been asserted in this cause; it is further ORDERED that a Perpetual,Non-Exclusive Drainage and Utility Easement to Parcel 102DUE,and a Temporary Construction Easement Duration Two Years to Parcel 102TCE, being fully described in Exhibit "A" attached hereto and incorporated herein, which vests in Petitioner pursuant to the Order of Taking dated January 6, 2016, and with the deposit of money to be made, is approved, ratified, and confirmed; it is further ORDERED AND ADJUDGED that the Amended Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 5208, Page 3391 of the Public Records of Collier County, Florida be dismissed as to Parcels 102DUE and 102TCE; it is further ORDERED that the Court reserves jurisdiction to enforce the terms of this Stipulated Final Judgment; it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County,Florida; it is further ORDERED that Respondent, Lee County Electric Co-Operative, Inc., shall be granted ninety (90) days from the date of deposit to relocate utility infrastructure, if any,from Parcels 102DUE and 102TCE [15-CA-1810/1228957/1] no--) Packet Page -1109- 2/9/2016 16.K.1. DONE AND ORDERED in Chambers at Naples, Collier County,Florida,this day of , 201 . HONORABLE JAMES R. SHENKO CIRCUIT COURT JUDGE Petitioner,COLLIER COUNTY,FLORIDA,together with Respondent,HENRY ALLEN FISH,hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcels 102DUE and 102TCE. HE ,- FISH JE7 FERA.B EL IO 0 'ER Florida Bar No. 186030 321 W. Main Street ASSISTANT COUNTY ATTORNEY Immokalee, FL 34142 Collier County Attorney's Office 3299 East Tamiami Trail, Suite 800 Dated: / 2//e-//_,- Naples, FL 34112 Telephone: (239)252-8400 Facsimile: (239) 774-0225 COUNSEL FOR PETITIONER jenniferbelpedio @colliergov.net emilypepin @colliergov.net sherimalcolm @colliergov.net Dated: I / S / conformed copies to: Jennifer A.Belpedio,Esq.jenniferbelpedio@colliergov.net Henry Allen Fish Kevin Hendricks,Collier County Transportation Division,kevinhendricks @colliergov.net; Robin Sheley, Diane Etienne, Clerk's Office Accounting,robin.sheley @collierclerk.com, dianeetienne @collierclerk.com; John A.Noland,Esq. [15-CA-1810/1228957/1] Page 3 of 3 Packet Page -1110- VL 9/2016 16.K.1 .—A-- I POINT OF COMMENC J SW CORN ER TRACT A I TRAFFORD PINE ESTATES SECTION ONE, P.B. 10, PG. 99 ),..._e W --.��� E 0 LAKE TRAFFORD ROAD _ (STATE ROAD 8501 o S 80' PUBLIC RIGHT OF WAY S89'16'491V SOUTHERLY ROW 26.11' r'' BASIS OF BEARINGS • N89 16'49"E � `r ,f NON-EXCLUSIVE LEGAL DESCRIPTION GE AND UTR.ITY EASEMEN PARCEL 102DUE A TRACT OR PARCEL OF LAND LYING IN SECTION 32, TOWNSHIP 46 POINT iF SOUTH, RANGE 29 EAST, COWER COUNTY, FLORIDA, BEING • BEGINNI'c DESCRIBED AS FOLLOWS; COMMENCING Al THE SOUTHWEST CORNER OF TRACT A, TRAFFORD ' o PINE ESTATES SECTION ONE, AS PER THE PLAT RECORDED IN PLAT v BOOK 10, PAGE 99 OF SAID PUBUC RECORDS; o �`" z THENCE S.00'43'11"E., FOR 80.00 FEET TO A POINT ON THE o c-,1.3 SOUTHERLY RIGHT OF WAY LINE OF LAKE TRAFFORD ROAD(STATE r- ROAD ROAD 850 — 80 FOOT WIDE); z x t4 o THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE S.89'16'49"W., . —1 � ' FOR 26,11 FEET TO THE POINT OF BEGINNING OF THE HEREIN o �j Z _ DESCRIBED PARCEL D '- in ° m cc ,. THENCE S.01'07'16"E., FOR 201.10 FEET; .°� N n °• v THENCE S,02'19'44"w., FOR 42.42 FEET TO A POINT ON THE 1 ° o S o SOUTH LINE OF THE PARENT TRACT; o' • (.3,*a o THENCE ALONG SAID SOUTH UNE S.89'16'49"W., FOR 7.45 FEET • °- o r�i° C " TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF NORTH a °o m a in s 19TH STREET (60 FEET WIDE); ('' `l o f0 THENCE ALONG SAID EASTERLY RIGHT OF WAY UNE N.01'07'16"W,, - ' . uuii a 70 m FOR 243.46 FEET TO A POINT ON THE AFORESAID SOUTHERLY C) a.�to RIGHT OF WAY UNE; oo_ o a< a,o THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE N.89'16'49"E., PARCEL o o 4, —u. FOR 10.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL 102DUE DESCRIBED HEREIN; 2,381 S.F. CONTAINING 2,381 SQUARE FEET OR 0.05 ACRES, MORE OR LESS. PARCEL NO. 00074560000 MR 99 CENTS INC. (Corrective Deed) • 502'19'44 O.R. 4258, PG. 2000 42.42' LEGEND DUE= DRAINAGE AND UTILITY . • EASEMENT 4 O.R. = OFFICIAL RECORDS BOOK ' I.. P.B.= PLAT BOOK PG.= PAGE V.S89'16'49"W ROW= RIGHT OF WAY 7.45' S.F.= SQUARE FEET TECM - ROW / 7i15-.." � JAN 1 3 2014 I L A. WARD, PLS DATE SIGNED FLORIDA CERTIFICATE NO. 1 NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF LICENSED FLORIDA SURVEYOR AND MAPPER Jonwry 7.20T5 We AM KA2otJ\(3004200.00 loffmotiw Doico.tali Tr"NaV Rood Md N iae SAO=' \Aurpio Ea."m oto\1300AZ0a00 0001 0K R4.01.fof LAKE TRAFFORD ROAD & 19TH STREET IMPROVEMENTS 6610 Willow Park Dr.,suite 200 KE Naples,FL 34109 ST(E'I'CR AND LEGAL DESCRIPTION Phone(239)597-0575 PARCEL 102DUE Fax:(239)597-0578 IRAINAGE AND UTILITY EASEMENT ENGINEERING IJai NUMBER LREVISION LB No.:6952 130042 00 00 00 SECTION TOWNSHIP lP RANGE SCALE 9/29/14 J DR DAM BY 0002 DE j 1 SHEET OF 1 c 2 ,"/i�� Packet Page -1111- 2/9/2016 16.K.1. POINT OF COMMENCEMENT N ---N SW CORNER TRACT A .� TRAFFORD PINE ESTATES SECTION ONE, W E P.B. 10, PG. 99 A!. 0 o .a LAKE TRAFFORD ROAD ° W o — S (STATE ROAD 8511 SOUTHERLY ROW • 60' PUBLIC RIGHT OF WAY POINT OF N89'16'491 BASIS OF BEARINGS LEGEND BEGINNING 13.89' DUE= DRAINAGE AND UTILITY N891 6'49"E EASEMENT 36.11' O.R.= OFFlCIAL RECORDS BOOK ' } P.B.= PLAT BOOK NO '07'16`W SO1'O7'16"E PG.= PAGE -/r 10.00' ROW= RIGHT OF WAY 1 00' S.F.= SQUARE FEET 589"16' 9"W 50.00' LEGAL DESCRIPTION o PARCEL PARCEL 102TCE 1-1 -0 102TCE A TRACT OR PARCEL OF LAND LYING IN SECTION 32, TOWNSHIP 46 o 971 500 S.F S.F. SOUTH, RANGE 29 EAST, COLUER COUNTY, FLORIDA, BEING Z o x DESCRIBED AS FOLLOWS; r z m m ei rn COMMENCING AT THE SOUTHWEST CORNER OF TRACT A, TRAFFORD o o -0 co r PINE ESTATES SECTION ONE, AS PER THE PLAT RECORDED IN PLAT tr1 a BOOK 10, PAGE 99 OF SAID PUBLIC RECORDS; D `'3 z m`4n o THENCE 5.00'43'11"E., FOR 80.00 FEET TO A POINT ON THE -c ° -;,o c o SOUTHERLY RIGHT OF WAY LINE OF LAKE TRAFFORD ROAD (STATE o .a ROAD 850,- 80 FOOT WIDE) AND THE POINT OF BEGINNING OF o m `-° m THE HEREIN DESCRIBED PARCEL; rn C7 m A o THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE N.89'16'49"E., C N o .4,- FOR 13.89 FEET; ooct 0 0°o ;to ....0, THENCE S.01'07'16"E., FOR 10.00 FEET; THENCE S.89'16'49"W., FOR 50.00 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF NORTH 19TH STREET (60 FEET WIDE); THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE N.O1'07'16"W., FOR 10.00 FEET TO A POINT ON THE AFORESAID SOUTHERLY RIGHT OF WAY LINE; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE N.89'16'49"E., FOR 36.11 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; CONTAINING 500 SQUARE FEET OR 0.01 ACRES, MORE OR LESS. PARCEL NO. 00074560000 • .. MR 99 CENTS INC. (Corrective deed) O.R. 4258, PG. 2000 TE P RARY CONSTRU T N EASEMENT DURATION �RS � i�.R RS. TEcm - Ro /7k,----- a MICHAEL A. WARD, PLS DATE SIGNED JAN CERTIFICATE NO. 5301 4V1I OT VAIWTHOUTHE SIGNATURE AND RAISED SEAL OF LICENSED FLORIDA SURVEYOR AND MAPPER .an,by 7.2015 530 MI K\2013\1300420400 hl....Goo 0..10n 1.....frof ,4 Ik.d Me N MN,S400a2 s...ry\0"a.w9.E••...,1.\N4200..00 0002 SE e.4f.M lummkt.... LAKE TRAFFORD ROAD & 19TH STREET IMPROVEMENTS 6610 Willow Park Dr.,Suite 200 Naples,FL 34109 SKETCH AND LEGAL DESCRIPTION Phone 12391 597-0575 PARCEL 102TCE Fax {2391597-0578 TEMPORARY CONSTRUCTION EASEMENT ENGINEERING LB No.:6952 JOB NUMBER 1 REVISION I SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 130042.00.00 00 32 I 46E , 29S I 9/29/14 I DAM 0002 DE I 1 OF 1 C 7 ,/2,,/,/ 725 Packet Page -1112-