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Agenda 07/12/2016 Item #16K3 7/12/2016 16.K.3. EXECUTIVE SUMMARY Recommendation to approve a Joint Motion and proposed Stipulated Final Judgment in the amount of$94,100 for Parcel 159RDUE in the pending eminent domain case styled Collier County v. Lee McCaskey, et al., Case No. 15-CA-0152 required for the widening of Golden Gate Blvd. from Wilson Boulevard to 206 Street East, Project No. 60040. (Fiscal Impact: $22,900) OBJECTIVE: To settle the amount of full compensation, including attorney's fees and expert costs, for the taking of Parcel 159RDUE condemned as part of the widening of Golden Gate Blvd. from Wilson Boulevard to 20th Street East, Project No. 60040, hereinafter referred to as the "Project." CONSIDERATIONS: On July 9, 2015, Collier County condemned Parcel 159RDUE and deposited $71,200.00 into the Court Registry as a good faith estimate of value pursuant to the Order of Taking in the pending eminent domain case styled Collier County v. Lee McCaskey, et al., Case No. 15-CA-0152. Parcel 159RDUE is required for the construction of the Project and is a 3,750 square foot right-of-way roadway drainage and utility easement on the north side of Golden Gate Blvd. over a tract of land owned by Noel Hernandez and Teresita Figueredo. Attached for reference is an aerial photograph of the Parcel. In addition to the cost of the land taken, the County's appraisal also included a cost for several site improvements, including a gravel driveway, irrigation, sod, landscaping, site clearing, fill, and grading, as well as an estimate of compensation for severance damages as a result of the distance from the home to the road being reduced from 75 feet to 50 feet. On May 26, 2016, the property owner provided an Offer of Judgment to the County in the amount of $99,750.00, inclusive of all attorney's fees and expert's fees. Through negotiation, the parties agreed to total compensation in the amount of $94,100.00, including attorney's fees and expert's costs. If approved by the Board, the County will be required to pay an additional $22,900.00 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 attached Joint Motion with the Circuit Court. FISCAL IMPACT: Funds in the amount of$22,900.00 will be paid from gas taxes and/or impact fees from Golden Gate Blvd. 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.—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; and (2) Aerial Photograph of Parcel 159RDUE Packet Page -2266- 7/12/2016 16.K.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.3. Item Summary: Recommendation to approve a Joint Motion and proposed Stipulated Final Judgment in the amount of$94,100 for Parcel 159RDUE in the pending eminent domain case styled Collier County v. Lee McCaskey, et al., Case No. 15-CA-0152 required for the widening of Golden Gate Blvd. from Wilson Boulevard to 20th Street East, Project No. 60040. (Fiscal Impact: $22,900) Meeting Date: 7/12/2016 Prepared By Name:NeetVirginia Title: Legal Assistant/Paralegal, CAO Office Administration 6/29/2016 9:13:49 AM Submitted by Title: Legal Assistant/Paralegal, CAO Office Administration Name:NeetVirginia 6/29/2016 9:13:51 AM Approved By Name: TaylorLisa Title: Management/Budget Analyst, Senior, Capital Construction&Maintenance Budget/Fiscal Date: 6/29/2016 10:19:42 AM Name: KearnsAllison Title: Manager-Financial &Operational Sprt, Capital Construction&Maintenance Budget/Fiscal Date: 6/29/2016 1:19:48 PM Name: AhmadJay Title: Division Director-Transportation Eng,Transportation Engineering&Construction Management Date: 6/30/2016 7:13:38 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Administration Packet Page-2267- 7/12/2016 16.K.3. Date: 6/30/2016 7:24:20 AM Name: FrenchJames Title: Deputy Department Head-GMD, Growth Management Department Date: 6/30/2016 10:25:29 AM Name: HendricksKevin Title: Manager-Right of Way, Transportation Engineering&Construction Management Date: 7/1/2016 11:34:21 AM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 7/1/2016 1:09:31 PM Name: KlatzkowJeff Title: County Attorney, Date: 7/1/2016 2:31:03 PM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 7/5/2016 11:31:41 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 7/5/2016 1:27:40 PM Packet Page -2268- 7/12/2016 16.K.3. 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 Horida. Petitioner. v. Case No.: 15-CA-152 PARCEL:: 159R.DUE LEE McCASKEY, a/k/a LEON McCASKILY, FT. AL. Respondents. PETITIONER COLLIER COUNTY, RESPONDENTS NOEL HERNANDEZ & TERESITA FIGUEREDO, AND INTERESTED PARTY MORTGAGE ELECTRONIC REGISTRATION SYSTEM'S JOINT MOTiO:N FOR STIPULATED FINAL JUDGMENT COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, NOEL: HERNANDEZ and TERESITA FIC UERFDO, and Interested Party MORTGAGI ELEC"TRONiC. REGISTRATION SYSTEM, by and through their a idersiCgned counsel, and hereby respectfully move for entry of the attached Stipulated Fit / Judgment as to Parcel 159RDUF attached hereto as Exhibit "1" EMILY R. PEPIN, ESQUIRE KEN ET! A. JONES, ]SQUIRM: Florida Bar No. 92956 Florida Bar No. 200158 Collier County Attorney's Office Roetzcl &. Andress, EPA 3299 East 'I'amiami -Trail, Suite 500 2320 First Street, Suite 1000 Naples, Fl. 34112 Fort Myers, FI., 33901 'telephone: (239) 252-8400 Telephone: (239) 337-3850 COUNSEL NSI L FUR I'E7'1'17ONF_R COUNSEL FOR RESPONDENTS chitl\pepmu;cullicrcov.net ,\'01;L HERNANDEZ ci!: 11s'RESI! I Jenniferbelpedio,rr;collierCo\ net //G('1 RPI)0 nanevbradley'(1 c c)Ilicruov.nct kjoi e ((talc w.com serve.]<jonescq ralaw.com MATl'H EW L. SCI lUllS, ESQ. Florida.Bar No, 57116 Albertelli Law 5404 Cypress Center Dr., Suite 300 Tampa, FL 33609 Telephone: (813) 221-4743 mschulis' i)albcrtellilaw.com Gen L_it'i'rtal bcrtclli law.cam Packet Page-2269- • 7/12/2016 16.K.3. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this Joint Motion l r 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 by U.S. mail to parties as indicated on the Service List below on this day of June. 2016. 13Y: EMILY R. PFPIN, ESQUIRE SERVICE LIST PARCEL 159RDUE Noel 1. Hernandez nandez and 'l'eresita Figueredo Mastrocola Mortgage d/b/a --_ do Kenneth A. Jones. Esq. Northstar Mortgage Roetzel & Andress i.-P;A ; c/o FiliApo Mastrocola kjoncs a�ialti1W.coiii 1 171 Rainbow Drive seve.kjones ialaw.com Naples. FL 34104-4264 Mortgage (Electronic Registration Systems, Inc., as Nominee for Northstar Mortgage and Yilianna Hernandez • Firststar Bank. N.A. cio Kenneth A. Jones, Esq. Matthew L. Schulis, laq. Roetzel &Andress LPA Albertelli LawI kjones(iIr;t1_w.c.orn ni chulis'u.ilbxrtcllil iv .con scrve.kjonesk,rzilaw.coin Crenl il'« albcttellilawc.om Packet Page-2270- 7/12/2016 16.K.3. IN THE CIRCUIT COURT OF THE. TWEN'F.IETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL AC"['ION COLLIER COUNTY. FLORIDA, a political subdivision of the Stale of Florida, Petitioner, v. Case No.: 15-CA-152 PARCEL: 159RDUE LEE. McCASKFY, a/k/a LEON McCASKEY. E.T. A L, Respondents. STIPULATED FINAL JUDGMENT `f'I-IIS CAUSE having comee before the Court upon the Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, Respondents, NOEL HERNANDEZ and TERESITA FIGUEREDO, and Interested Party MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel I 59RDUE 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 Respondents NOEL I-IFRNANI)EZ and TERL SITA FIGI JEREDO, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADE IDOFf) that: EXHIBIT • Packet Page -2271- 7/12/2016 16.K.3. 1. Respondents, NOEL 1-LERNANDEZ and TERESITA FIGI?I REDO, have and recover from Petitioner. COLI.,IER COUNTY. FLORIDA, the total sum of Eighty-Seven Thousand Five Hundred and No/100 Dollars (587,500.00) for Parcel 159RDUE, as full •payment ibr the property interest taken, improvements, damages resulting to the remainder, if less than the entire property was taken, statutory interest and for all other damages in connection with said parcel. 2. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good faith estimate of value previously deposited and withdrawn from the Court Registry in the amount of Seventy-One Thousand Two Hundred and No/100 Dollars (S71,200.00), as payment for acquisition of Parcel 159RDU1. , at which time title to said parcel as described in Exhibit "A" vested in the name of the Petitioner. 3, Petitioner, COLLIER COUNTY, FLORIDA. shall pay an additional Six Thousand Six Hundred and No/100 Dollars (56,600.00) to Respondents for all attorney's Fees, expert lees and costs. and no other attorney's fees or costs shall be awarded in this case. 4. Within thirty (30) days hereof, Petitioner shall pay the balance of the award in Paragraph I in the amount of Sixteen Thousand Three Hundred and No/100 Dollars (S16,300.00) to Albertelli L,aw Trust Account cio Matthew L. Schulis, Esq., 5404 Cypress Center Drive. Suite 300, Tampa, Florida 33609 to be applied against Respondents' mortgage on the parent tract within 7 days of receipt of the funds. Packet Page -2272 • - __. . .... _... _, . 7/12/2016 16.K 3. 5. Within thirty (30) days hereof, Petitioner shall pay the award of attorney's fees, expert fees and costs from Paragraph 3 in the amount o1' Six Thousand Six Hundred and No/100 (S6,600.00) to Roct-rel & Andress, LPA Trust Account. c/o Kenneth A. Jones, Esq. 2320 First Street, Suite 1000, Fort Myers, Florida 33901. 6. This Order disposes of all claims arising out of the taking of Parcel .159RDUE that have or could have been asserted in this cause. 7. Right-of-way, Drainage, and Utility Easement interest to Parcel I 59RDUE, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in. Petitioner pursuant to the Order of "faking dated July 9, 2015, and the deposit .of money heretofore made, is approved, ratified, and confirmed; it is further 8. The Notice of Us Pendens filed in the above-styled cause and recorded in Official Record Book. 5115, Pace 2124 of the Public Records of Collier County, Florida be dismissed as to Parcel 159RDU11; it is further 9. The Court reserves jurisdiction to enforce the terms of this Stipulated Final Judgment; it is further 10. This Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is further DONE AND ORDNRFD in Chambers at Naples, Collier County, Florida, this day or.ltine, 2016, HONORABLE .JAMES R: SI-LENKO CIRCUIT COURT JUDGE Conformed Copies to: Emily R. Pepin, Esq., Coun'el fnr Petitioner., c:m lvpcpin!i ),colliergoy_iiet Kenneth A. Jones, Esq., C'ounsel,for Respondents Noel Hernandez, Thresh('Figr.tereclo, arx.1 )'ilianna Hernandez, kjones(Tralaw,coinn Matthew L.. Schulis, Esq., Cow-Tye/fin. Respondent A1T:RS, nisch' s(ikalbcrtcllilaw.coni Filippo Mastrocola for Respondent,t'iastrocola Mortgage, 1 171 Rainbow Dr., Naples. Fl. 34104-4264 • 5-ca-151'765 Packet Page-2273- 7/12/2016 16.K.3. I ) EX BIT "A" I ! i f j ( i i I PEwA:.-TA & MRt:.00l:Dtr 00 3512/1/91 wEsT 150' OF JONES • TRACT 74 OR 345/i919 I IL P NAN DEZ I OR 2702/1330 i I TRACT 73i TRACT 107 • TRACT 74 GOLDEN GATE ESTATES UNIT 14 PLAT 1300K 7 PACE 74 I I PROPOSE7) RDADWA( EASE)AEJJT \ PARCEL 159 RDUE 7....,.....7.\77....,25•••• . I514,00 LL i I 59+EQ 5et00 55).09 f:94:50 ...^ ; GOLDEN GATE G'OULENARD (CR 1176) oR Dunk. RECORDS (POOH/PAGE:) E_ 'Cl PROPOSED ROADWAY, DRANACE AND HTILIIY uJol:MEro (Co4C) EY.ISTINO RO.ACWAY Cl.tiEME11T DEDICATED TO THE PERPETUAL • L. }1.f cl USE OF THE PU0UC NOT PEAT 000P 7, PAGE 74 LEGAL DEBCRIP'TION FOR PARCEL 159 ROUE A P(1NTIONC11 TRACT 74, GOLDEN GAIT_ ESTATES, 1../N11 14 AS RECCN.DEIU IN PLAT 1300H 7, PA(;:_`-74 OF THE PUB00 RECORDS OF COWER i;CUNTf, r1.0PiDA, 0040 IN SECTION 3, TOWNSHIP 49 500 II 10'GF 2T*AST,-„CO1.L0(01 3 COUNTY, FLORIDA, 5151140 MORE. PARTICULARLY DESCRIBED AS FOLLOWS. - • 1 .. y. 112E NORTH75 FEET of la SOUTH 7f) 11.aT OF TILE WEST 150 FEET or SAID TRACT 7 ., 3,750SQUARE FEET, /� 2ici F� ,`�• CCNIACWNCMOP OR LESS. 1 / --7 i • u do no too v+ ,.,. 1.�(.LLL.n.wmea $,Nc.lYSONA.soly.mt,A,,,,,,,erg ,I ICIi .'t Oi'.;CRII'TIO^t ONLY ._._ _� T __-_`_----_--J rt0.1;N kE yr,urfiv cu'v' is r 1 e. IDT A BOUNDARY SURVEY 1:rA1S:t'-un' t.a>wf 1/ r OF 1":003 1 COWRY GOVERNMENT Pl A it) or Co!JHTY C.0,04IS'-,ION115 i rlIMA AEGAIIPm1Pk+ ssKw+,ra.'T MO:wt4It. sca:w' GOLDEN CAST BOULEVARD XTA6 >zw.M. Y4u<ue iia, , „iYiiU S: DESCRIPTION OF: P10105ED ROADWAY LAS15L.N1co* L1x0L. stajS PdM;S b PARCEL 109 RDUF: deli NIS.Pa%TMH.Ault CGI 4410x.fkfl32Htra h. 005Li511 COUNTY, Ft,oIRIUn P1'- l?a:15e1405 FAX:GavlEVoi7S _ LEI No.:011,J,i13yNlul3fi; I'PIYISIDN SECTION iOWNSfitt' RANGE 5041 U.tt OE4WN SI' FII.1: NAms SIICLT , 502'7.00.00 0001( 3 49 27 1” 1?0' FE3. 7008 S.D. 01114 SK1159 1 or 1 Packet Page-2274- 7/12/2016 16.K.3. AERIAL PHOTO OF PARC EL 159RDUE S' ,,,w4r-:- , - . ,,,,,,i, ,,,,, 1'• ::::::' ' .L.,.;:.. - f ' [ ' M $;r� rµ ii Ra Hn TM t °� " ' ORIG NAL ROW LINE ,.-.1 Ei a S. '''''''n— +�3,.s..,,,--,11:-7., in�.r l � � Y Packet Page -2275-