Agenda 06/28/2016 Item #16K1 6/28/2016 16.K.1.
t"'N,, EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion and proposed Stipulated Final Judgment in
the amount of $500 for Parcel 168TCE in the case styled Collier County v. Robert E.
Williams, Tr., et al., Case No. 14-CA-816 required for the expansion of Collier Blvd. from
Green Blvd.to Golden Gate Blvd.,Project No. 68056. (Fiscal Impact: $215)
OBJECTIVE: To settle the amount of full compensation for the taking of Parcel 168TCE
condemned as part of the expansion of Collier Blvd. from Green Blvd. to Golden Gate Blvd.,
Project No. 68056,hereinafter referred to as the"Project."
CONSIDERATIONS: On June, 27, 2014, Collier County condemned Parcel 168TCE and
deposited$285.00 into the Court Registry as a good faith estimate of value pursuant to an Order
of Taking in the case styled Collier County v. Robert E. Williams, Tr., et al., Case No. 14-CA-
816. Parcel 168TCE is required for the construction of the Project and is a 825 square foot right-
of-way temporary construction easement on the west side of Collier Blvd. over a tract of land
owned by Scott and Debbe Faunce. Attached for reference is an aerial photograph of the Parcel.
Through negotiation, the parties agreed to total compensation in the amount of $500.00. If
approved, the County will be required to pay an additional $215.00 over the amount already
deposited.
The County Attorney's Office and Staff recommend approval of this Joint Motion and proposed
Stipulated Final Judgment since a better result is not anticipated at trial. Upon approval, the
County Attorney's Office will file the Joint Motion with the Circuit Court.
FISCAL IMPACT: Funds in the amount of$215.00 will be paid from gas taxes and/or impact
fees from Collier Blvd. Project No. 68056. 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.—ERP
RECOMMENDATION: To approve the attached Joint Motion and proposed Stipulated Final
Judgment and authorize the payment of funds as stated herein.
Prepared by: Emily R. Pepin,Assistant County Attorney
Attachments: (1) Proposed Joint Motion and Stipulated Final Judgment;
(2) Aerial Photograph of Parcel 168TCE
14-CA-816/968
Packet Page-2387-
6/28/2016 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 proposed Stipulated
Final Judgment in the amount of$500 for Parcel 168TCE in the case styled Collier County v.
Robert E. Williams,Tr., et al., Case No. 14-CA-816 required for the expansion of Collier Blvd.
from Green Blvd. to Golden Gate Blvd., Project No. 68056. (Fiscal Impact: $215)
Meeting Date: 6/28/2016
Prepared By
Name: AllenDebbie
Title: Legal Office Administrator,CAO Office Administration
6/6/2016 8:53:12 AM
Submitted by
Title:Assistant County Attorney,CAO Litigation
Name: PepinEmily
6/6/2016 8:53:13 AM
Approved By
Name: TaylorLisa
Title: Management/Budget Analyst, Senior, Capital Construction&Maintenance Budget/Fiscal
Date: 6/6/2016 11:25:36 AM
Name: HendricksKevin
Title: Manager-Right of Way,Transportation Engineering&Construction Management
Date: 6/6/2016 11:36:23 AM
Name: KearnsAllison
Title:Manager-Financial&Operational Sprt,Capital Construction&Maintenance Budget/Fiscal
Date: 6/6/2016 1:40:45 PM
Name: ShueGene
Title: Division Director-Operations Support,Growth Management Department
Date: 6/6/2016 5:09:26 PM
Packet Page-2388-
6/28/2016 16.K.1 .
Name: AhmadJay
Title:Division Director-Transportation Eng,Transportation Engineering&Construction Management
Date: 6/7/2016 8:09:26 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 6/7/2016 8:59:27 AM
Name: PepinEmily
Title:Assistant County Attorney,CAO Litigation
Date: 6/13/2016 8:58:54 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/13/2016 9:28:53 AM
Name:UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 6/20/2016 8:58:51 AM
Name: CasalanguidaNick
Title:Deputy County Manager, County Managers Office
Date: 6/20/2016 11:05:08 AM
Packet Page-2389-
6/28/2016 16.K.1 .
k
,l d� *,, Q � 4. , Gd� i # z �' Misr -z k ' k,
k ^°E � ,ye a ' k
w40- a � t
N ! !i1II � :,��.�, i ° ya,xa
W
0
W
0
H
co
W co
WF-
co
co
06 LL
co Ll!
(0 V
Q(n
J a
W
0
Q
a
(9
z
H
O
2 '
LL
'. rptjte
J
Qm
W
Q
k
n�
e,i
W P"
PacketPage -2390-
6/28/2016 16.K.1 .
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-816
PARCEL: 168TCE
ROBERT E.'WILLIAMS,TR.,ET AL.,
Respondents.
/
PETITIONER COLLIER COUNTY AND PRO SE RESPONDENTS DEBBE FAUNCE
AND SCOTT FAUNCE'S JOINT MOTION FOR STIPULATED FINAL JUDGMENT
COMES NOW. Petitioner, COLLIER COUNTY, FLORIDA, through undersigned
counsel, together with Pro Se Respondents, DEBBE FAUNCE and SCOTT FAUNCE, and
hereby respectfully move for entry of the Stipulated Final Judgment as to Parcel 168TCE
attached hereto as Exhibit"I".
Dated: Dated:
/ , ( .-
EMILY R.PEPIN,ESQUIRE firo Se Respondent DEBBE FAUNCE
Florida Bar No.92956 3674 Yosemite Court
Collier County Attorney's Office • .pies,FL 34116
1 3299 East Tamiami Trail,Suite 800 <---- V
Naples,FL 34112
Telephone: (239)252-8400 Pro Se ResIMPV t SCOTT FAUNCE
Facsimile: (239)774-0225 4/1/4°16
COUNSEL FOR PETITIONER
emilypepin@eolliergov.net
jenniferbelpedio(ikolliergov.net
nancybradleyacolliergov.net
t".
Packet Page -2391.-
6/28/2016 16.K.1 .
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated 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 via U.S. mail, postage prepaid as
indicated on the Service List below on this day of ,2016.
By:
EMILY R PEPrN,ESQ.
SERVICE LIST
PARCEL 168TCE
Debbe and Scott Faunce
3674 Yosemite Court
Naples,FL 34116
14-CA-816/929
Packet Page -2392-
6/28/2016 16.K1 .
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-816
PARCEL: 168TCE
ROBERT E. WILLIAMS,TR..ET AL.,
Respondents.
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY.FLORIDA,by and through its undersigned counsel,and Pro Se Respondents
DEBBE FAUNCE and SCO 1st FAUNCE, for entry of a Stipulated Final Judgment as to Parcel
I 68TCE 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
Exhibit"1"to Joint Motion for Stipulated Final Judgment
Packet Page -2393-
6/28/2016 16.K.1 .
compensation due the Respondents,DEBBE FAUNCE and SCOTT FAUNCE,and the Court being
otherwise fully advised in the premises thereot it is thereupon
ORDERED AND ADJUDGED that Respondents DEBBE FAUNCE and SCOTT
FAUNCE, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of
FIVE HUNDRED and No/100 Dollars (S500.00) for Parcel 168TCE, 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
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the
good faith estimate of value previously deposited in the amount of TWO HUNDRED EIGHTY
FIVE and No/100 Dollars($285.00),as payment for acquisition of Parcel 168TCE,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 of entry of this Stipulated Final Judgment, the
Clerk shall disburse from the Court Registry the amount of TWO HUNDRED EIGHTY FIVE
and No/100 Dollars ($285.00) to DEBBE FAUNCE and SCOTT FAUNCE, 3674 Yosemite
Court,Naples.FL 34116;it is further
ORDERED that within thirty (30) days hereof, Petitioner shall pay the total sum of TWO
HUNDRED FIFTEEN and No/100 Dollars (5215.00) to DEBBE FAUNCE and SCOTT
FAUNCE, 3674 Yosemite Court, Naples, FL 34116, in additional funds over the amount
previously deposited into the Court Registry;it is further
ORDERED that this Order disposes of all claims arising out of the taking of Parcel
168TCE and that have or could have been asserted in this cause;it is further
Exhibit"1"to Joint Motion for Stipulated Final Jud ' cut
Packet Page -2394-
6/28/2016 16.K.1 .
ORDERED that the temporary construction easemeit interest to Parcel 168TCE,being fully
described in Exhibit "A- attached hereto and incorporated herein, which vested in Petitioner
pursuant to the Order of Taking dated June 27,2014,and the deposit of money heretofore made, is
approved,ratified,and confirmed;it is further
ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled
cause and recorded in Official Record Book 5025, Page 3177 of the Public Records of Collier
County,Florida be dismissed as to Parcel 168TCE; 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
DONE AND ORDERED in Chambers at Naples,Collier County,Florida,this
day of ,2016.
HONORABLE JAMES R.SHENKO
CIRCUIT COURT JUDGE
conformed copies to:
Emily R. Pepin,Esq.,Counsel for Petitioner, emilypepin@colliergov.net
Pro Se Respondents Debbe Faunce and Scott Faunce,3674 Yosemite Court,Naples,Fy4116
Kevin Hendricks,Transportation ROW Acquisition Manager,kevinhendricks@colliergov.net
Clerk's Office,Accounting
14-CA-816/929
Exhibit"1"to Joint Motion for Stipulated Final Judgment
Packet Page -2395-
6/28/2016 16.K.1 .
Li 1 �XHIB1T A'
iI it Page i07-1--Z30
i N 11 1
Q
n
W4+— E � I
rt 0
1 S
T*
1� g `
11
TRACT 107 11 1
I
t II
I 660'(P) t14rey t 4 100' WIDE
RaDOPOSED TEMPORARY1 CONSTRUCTION EASEMENT—N,
*0/ PER PLATNORTH 1 2 L>t TRACT 106 ,
FAIR. &FAUNCE � f
`1. OR 284$10347 +4'
5' •4141 Ei1
I TRACT 108 pp ♦4
GOLDEN GATE ESTATES Q
650'{P) UNIT 1
PIAT BOOK 4, PAGE 73 1
FERREIRA & FERREIRA
/„. i OR 1111/1448 1
1 1 :I
I i 1 t
66D'(P) 1
1 1
OR = OFFICIhJ RECORDS (BDOK/PACE) TEMPORARY
KIN PROPOSED 5' TEMPORARY CONSTRUCTION EASEMENT CO7 i F1Ri EASEMENT
[57:71 PROPOSED RIGHT OF WAY pa
' !- EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE DURATION...., YEARSa
OF THE PUBLIC PER PLAT BOOK 4, PAGE 13
LEGAL DESCRIPTION FOR PARCEL 158TCE
A PORTION OF TRACT 108, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAK1g,7 '0F T E I?UBUC
RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 10. TOWNSHIP 49 SOUTH, RANGE, LTi EA'J't COWER'.'
COUNTY, FLORIDA BEING MORE PARTICUTARLY DESCRIBED AS FOLlOWS. ', ' :$: ,
THE WEST 5 FEET OF THE EAST 40 FEEL OF THE NORTH ONE HALF OF SAID TRACT 1• T j '
CONTAINING 825 SQUARE FEET, MORE OR LESS. J'. -' f' ( .�il
0 40 10LEO 9y
SKETCH & DESCRIPTION ONLYern�n0 nCtao,t t WO au! °"
HOT A BOUNDARY SURVEY SCAM 1'-Wo•
tifIN VALID FOR;COWER COUNTY GOVERNMD{T 6WR0 OF COUNTY COMMISSIONERS 4 NORM R�n ME CRON& SWOOR IW SW=ONIISUST=of
COLLIER BOULEVARD I RIATICOmmos
SKETCH & DESCRIPTION Of:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 166TCE a NNBea RtsbaSt100 xm
COLLIER COUNTY, FLORIDA ; Rear 0e4 ea
JOB NUMBERREVISION t SECTION TOWNSHIP RANGE SCALE { DATE DRAWN 8Y FILE NAME { SHEET
050106.02.00 00081 REV413 I 10 I 4R i I TR t• .. OM 11n_oi_n7I n is, t ,ai.. 0041«..1..., 1 ..
Exhil Packet Page -2396-tion for Stipulated Final Judgment