Agenda 12/13/2016 Item #16K 6 16.K.6
12/13/2016
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion and Final Judgment in the amount of $11,174.05 for
Parcel 199RDUE, in the lawsuit captioned Collier County v. Jose Acosta, et al, Case No. 2015-CA-
077,required for the construction of roadway improvements to Golden Gate Boulevard Project No.
60040. (Fiscal Impact: $8,354.05)
OBJECTIVE: That the Board approve a Joint Motion and Final Judgment in the amount of$11,174.05
concerning Parcel 199RDUE for the construction of roadway improvements to Golden Gate Boulevard
from Wilson to 20th Street East, (Project 60040).
CONSIDERATIONS: On July 30, 2015, Collier County condemned Parcel 199RDUE, and deposited
$2,820.00 into the Court Registry as a good faith estimate of value pursuant to an Order of Taking in the
lawsuit styled Collier County v. Jose Acosta, et al, Case No. 2015-CA-77. Parcel 199RDUE is required
for the construction of the Project and is a Roadway,Drainage and Utility Easement. An Aerial of Parcel
199RDUE is attached. Through negotiations, the parties agreed to total compensation in the amount of
$11,174.05, which includes $2,239.05 in attorney's fees. If approved, the County will be required to pay
the additional balance of$8,354.05.
The County Attorney's Office and Staff recommend approval of this Joint Motion and Final Judgment
since a better result is not anticipated at trial. Upon approval, the County Attorney's Office will file the
Joint Motion and Final Judgment with the Circuit Court.
FISCAL IMPACT: Funds in the amount of$8,354.05 will be paid from gas taxes and/or impact fees
from the Expansion of Golden Gate Boulevard from Wilson to 20th Street East, 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: There is no Growth Management Impact associated with the
Executive Summary.
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: To approve the attached Joint Motion and Final Judgment, and authorize the
payment of funds as stated herein.
Prepared By: Jennifer A. Belpedio,Assistant County Attorney
ATTACHMENT(S)
1.Joint Motion for Judgment-Parcel 199RDUE (PDF)
2.Aerial Photo (PDF)
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12/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Item Summary: Recommendation to approve a Joint Motion and Final Judgment in the amount of
$11,174.05 for Parcel 199RDUE, in the lawsuit captioned Collier County v. Jose Acosta, et al, Case No.
2015-CA-077, required for the construction of roadway improvements to Golden Gate Boulevard Project
No. 60040. (Fiscal Impact: $8,354.05)
Meeting Date: 12/13/2016
Prepared by:
Title: Legal Office Administrator—County Attorney's Office
Name: Debbie Allen
11/30/2016 3:23 PM
Submitted by:
Title: County Attorney—County Attorney's Office
Name: Jeffrey A. Klatzkow
11/30/2016 3:23 PM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 11/30/2016 3:32 PM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 11/30/2016 4:29 PM
Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 12/02/2016 8:53 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 12/02/2016 12:41 PM
Growth Management Department David Wilkison Level 2 Division Administrator Completed 12/02/2016 1:02 PM
County Attomey's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 12/02/2016 3:54 PM
County Attomey's Office Scott Teach Level 3 County Attorneys Office Review Completed 12/02/2016 4:16 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/02/2016 4:48 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 12/02/2016 5:03 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/04/2016 12:41 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT a
IN AND FOR COLLIER COUNTY,FLORIDA- CIVIL ACTION c
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COLLIER COUNTY,FLORIDA,a political
subdivision of the State of Florida, o
Petitioner, w
V. Case No. 15-CA-77 c
Parcel No.: 199RDUE
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JOSE ACOSTA et al.,
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Respondents. E
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PETITIONER'S,COLLIER COUNTY,AND RESPONDENT'S,RIGOBERTO HORTA, -0
JOINT MOTION FOR FINAL JUDGMENT c
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Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, RIGOBERTO '7
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HORTA, by and through the undersigned counsel, hereby respectfully move for entry of a Final
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Judgment as to Parcel 199RDUE attached hereto as Exhibit" ".
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JENNIFER A. BELPEDIO,ESQUIRE RO'"R B. RICE,ESQUIRE E
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Florida Bar No. 186030 Florida Bar No. 752444 g
Collier County Attorney's Office 9010 Strada Stell Court,Suite 207 72
3299 East Tamiami Trail,Suite 800 Naples,FL 34109 Tu
Naples,FL 34112 Telephone: 239-593-1002
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Telephone: (239)252-8400 Facsimile: 239-593-1309 a
Facsimile: (239) 774-0225 Counsel for Respondent c
Counsel for Petitioner Roeer@attyrogenrice.com E
jenniferbelnedio@colliergov.net •
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sherimalcolm@colliergov.net `o
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CERTIFICATE OF SERVICE a
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, and sent via email and U.S. mail to 0
Roger Rice, Esq., roger@attyrogerrice.com , 9010 Strada Stell Court, Suite 2017, Naples, FL
34109 on this day of ,2016. °
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BY:
JENNIFER A.BELPEDIO,ESQUIRE :=
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY,FLORIDA- CIVIL ACTION
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COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Petitioner,
v. Case No. 15-CA-077 a,
Parcel No.: 199RDUE
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JOSE ACOSTA, et al.,
Respondents O
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FINAL JUDGMENT
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THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, N
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COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent,
RIGOBERTO HORTA, by and through his undersigned counsel, for entry of a Final Judgment as
to Parcel 199RDUE, and it appearing to the Court that the parties are authorized to make such d
Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation
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due Respondent, RIGOBERTO HORTA, and the Court being otherwise fully advised in the 0
premises thereof, it is thereupon
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ORDERED AND ADJUDGED that Respondent, RIGOBERTO HORTA, have and 0
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recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of$8,935.00 for Parcel
199RDUE, as full payment for the property interest taken and for damages resulting to the
EXHIBIT
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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 o
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay $2,239.05 to 2
Respondents for all attorney's fees, and costs, and no other attorney's fees or costs, and no expert
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fees, shall be awarded in this case; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the c
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good faith estimate of value deposited in the amount of$2,820.00, as payment for acquisition of '6
Parcel 199RDUE, at which time title to said parcel as described in Exhibit "A" vested in the name
of the Petitioner; it is further
ORDERED, that the Clerk shall disburse from the Court Registry the amount of$2,820.00
to Roger Rice Trust Account, 9010 Strada Stell Court, Suite 207,Naples, FL 34109; it is further a
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ORDERED, that within thirty (30) days of entry of this Final Judgment, Petitioner shall
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pay the total sum of$8,354.05 to Roger Rice Trust Account, 9010 Strada Stell Court, Suite 207,
Naples, FL 34109, 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 Parcel
199RDUE, and that have or could have been asserted in this cause; it is further 2
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ORDERED that a Roadway, Drainage and Utility Easement to Parcel 199RDUE, being
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fully described in Exhibit "A" attached hereto and incorporated herein, which vests in Petitioner -a)
pursuant to the Order of Taking dated July 30, 2015, and with the payment of money to be made,
is approved, ratified, and confirmed; it is further
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ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled •o
cause and recorded in Official Record Book 5112, Page 2514, of the Public Records of Collier
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County,Florida be dismissed as to Parcel 199RDUE; it is further
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ORDERED that the Court reserves jurisdiction to enforce the terms of this Final Judgment;
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ORDERED that this Final Judgment is to be recorded in the Official Records of Collier N
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County,Florida; it is further
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DONE AND ORDERED in Chambers at Naples, Collier County, Florida,this day of
2016.
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LAUREN L. BRODIE L
CIRCUIT COURT JUDGE
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conformed copies to:
Jennifer A. Belpedio,Esq.jenniferbelnedio@colliergov.net
Rigoberto Horta c/o Roger Rice,Esq.,roger@attyrogerrice.com
Kevin Hendricks, Collier County Transportation Division,kevinhendricksZcolliergov.net;
Robin Sheley,Diane Etienne, Clerk's Office Accounting,robin.sheley@collierclerk.com, N
dianeetienne(a�,collierclerk.com;
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S PROPOSED ROADWAY EASEMENT
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GOLDEN GATE BOULEVARD (CR 876) a)
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PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE)
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LEGAL DESCRIPTION FOR PARCEL 199 RDUE7
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A PORTION OF TRACT 37, GOLDEN GATE ESTATES. UNIT 49 AS RECORDED IN PLAT BOOK 5, PAGE 80 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
EXHIBIT
THE NORTH 35 FEET OF THE SOUTH 85 FEET OF THE EAST 150 OF SAID TRACT 37. yg,� G 6 O
CONTAINING 5,250 SQUARE FEET, MORE OR LESS. D AL O
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NOT A BOUNDARY SURVEY aceta:i•=6o' ouc d
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