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Agenda 10/24/2017 Item #16K 110/24/2017 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment in the amount of $5,700 for full compensation and all statutory attorney fees, expert fees and costs for Parcel 171RDUE in the case styled Collier County v. Tara Chapin, et al., Case No. 15-CA-0319 required for improvements to Golden Gate Boulevard (Project No. 60040). [Fiscal Impact: $4,400] OBJECTIVE: To settle full compensation owed for the taking of Parcel 171RDUE required for the road widening of Golden Gate Boulevard from 4th Street East to 8th Street East, Project No. 60040, hereinafter referred to as the “Project.” CONSIDERATIONS: On June 10, 2014, the County condemned Parcel 171RDUE in order to construct the Project. Pursuant to the Order of Taking entered July 9, 2015, t he County deposited a good faith estimate of value in the amount of $1,300 into the Court Registry. Parcel 171RDUE is a road right -of- way, drainage, and utility easement containing 2,824 square feet and owned by Jorge Antonio Lobato, aerial photograph attached. Through negotiations, the parties agreed to full compensation in the amount of $5,700, which includes the property interest taken, and statutory attorney fees and expert fees. Attached is a Joint Motion for Stipulated Final Judgment memorializing the terms of the settlement. The County Attorney’s Office (CAO) and Staff recommend approval of this settlement since a better result is not expected at trial. Upon approval, the CAO will file the attached Joint Motion with the Circuit Court. FISCAL IMPACT: Funds in the amount of $4,400 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 partic ular 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: Recommendation to approve a Stipulated Final Judgment in the amount of $5,700 for full compensation and all statutory attorney fees, expert fees and costs for Parcel 171RDUE in the case styled Collier County v. Tara Chapin, et al., Case No. 15-CA-0319 required for improvements to Golden Gate Boulevard (Project No. 60040). Prepared by: Emily R. Pepin, Assistant County Attorney ATTACHMENT(S) 1. Aerial Photo Parcel 171RDUE (PDF) 2. Joint Motion for Stipulated Final Judgment - Parcel 171_ (PDF) 16.K.1 Packet Pg. 1029 10/24/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.1 Doc ID: 3864 Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of $5,700 for full compensation and all statutory attorney fees, expert fees and costs for Parcel 171RDUE in the case styled Collier County v. Tara Chapin, et al., Case No. 15-CA-0319 required for improvements to Golden Gate Boulevard (Project No. 60040). [Fiscal Impact: $4,400] Meeting Date: 10/24/2017 Prepared by: Title: Legal Office Administrator – County Attorney's Office Name: Debbie Allen 10/03/2017 11:34 AM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 10/03/2017 11:34 AM Approved By: Review: Transportation Engineering Kevin Hendricks Additional Reviewer Completed 10/03/2017 12:04 PM Transportation Engineering Jay Ahmad Additional Reviewer Completed 10/03/2017 1:10 PM Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 10/03/2017 3:03 PM Growth Management Department Lisa Taylor Additional Reviewer Completed 10/04/2017 8:42 AM Growth Management Department James French Deputy Department Head Review Skipped 10/03/2017 2:47 PM Growth Management Department Michael Cox Department Head Review Skipped 10/04/2017 9:31 AM County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 10/04/2017 12:07 PM Office of Management and Budget MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 10/04/2017 12:10 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/04/2017 1:39 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/16/2017 8:31 AM Board of County Commissioners MaryJo Brock Meeting Pending 10/24/2017 9:00 AM 16.K.1 Packet Pg. 1030 AERIAL PHOTO SHOWING GOLDEN GATE BLVD. PARCEL 171RDUE 16.K.1.a Packet Pg. 1031 Attachment: Aerial Photo Parcel 171RDUE (3864 : Stipulated Final Judgment - Collier County v. Chapin - project 60040 - $5,700) IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLOIHDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, V. Case No.: 15-CA-0319 PARCEL: I71RDUE TARA CHAPTN, ETAL., Respondents. / PETITIONER COLLIER COUNTY AND RESPONDENT JORGE ANTONIO LOBATO'S JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCEL 171RDUE COMES NOW, Petitioner COLLIER COUNTY, FLORIDA, and Respondent JORGE ANTONIO LOBATO, by and through undersigned counsel, and hereby jointly move this Honorable Court for entry of the attached proposed Stipulated Final Judgment Order, attached hereto as Exhibit "1". EMILY R. PEPIN, ESQ. Florida Bar No. 92956 Collier County Attorney's Office 3299 E. Tamiami Trail, Suite 800 Naples. FL 34112 Telephone: (239) 252-8400 COUNSEL FOR PETITIONER emilvDepin@colliergov.net iennirerbelpedio@coIIiergov.net nancvbradlev@colIiergov,nct MICHAEL lyWHITT, ESQ. FloridjyDarNo. 0725020 lobins Kaplan LLP 711 Fillh^venuc South, Suite 201 Naples, FL 34102 Telephone: (239) 430-7070 COUNSEL FOR RESPONDENT JORGE ANTONIO LOBATO mwhitt@iobinskaplan.com awainback@rubinskanlan.com 16.K.1.b Packet Pg. 1032 Attachment: Joint Motion for Stipulated Final Judgment - Parcel 171_ (3864 : Stipulated Final Judgment - Collier County v. Chapin - project 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 by US mail to parties as indicated on the Service List below on this _____ day of October, 2017. BY: _________________________ EMILY R. PEPIN, ESQ. SERVICE LIST COLLIER COUNTY v. TARA CHAPIN, et al. Case No. 15-CA-0319 PARCEL 171RDUE JORGE ANTONIO LOBATO c/o Michael R. Whitt, Esq. Robins Kaplan LLP MWhitt@robinskaplan.com AWamback@robinskaplan.com 16.K.1.b Packet Pg. 1033 Attachment: Joint Motion for Stipulated Final Judgment - Parcel 171_ (3864 : Stipulated Final Judgment - Collier County v. Chapin - project 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.: 15-CA-0319 PARCEL: 171RDUE TARA CHAPIN, et al., Respondents. _________________________________________/ STIPULATED FINAL JUDGMENT ORDER AS TO PARCEL 171RDUE THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, and Respondent, JORGE ANTONIO LOBATO, by and through for entry of a Stipulated Final Judgment as to Parcel 171RDUE 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, JORGE ANTONIO LOBATO, and the Court being otherwise fully advised in the premises thereof, it is thereupon Exhibit “1” to Joint Motion for Stipulated Final Judgment 16.K.1.b Packet Pg. 1034 Attachment: Joint Motion for Stipulated Final Judgment - Parcel 171_ (3864 : Stipulated Final Judgment - Collier County v. Chapin - project ORDERED AND ADJUDGED that Respondent, JORGE ANTONIO LOBATO, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Five Thousand Seven Hundred and No/100 Dollars ($5,700.00) for Parcel 171RDUE, 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 fees and costs, 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 One Thousand Three Hundred and No/100 Dollars ($1,300.00), as payment for acquisition of Parcel 171RDUE, 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 pay the total sum of Four Thousand Four Hundred and No/100 Dollars ($4,400.00) to Robins Kaplan, LLP, c/o Michael Whitt, Esq., 800 LaSalle Avenue, Suite 2800, Minneapolis, MN 55402, 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 171RDUE and that have or could have been asserted in this cause; it is further ORDERED that the roadway right-of-way drainage and utility easement interest to Parcel 171RDUE, 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 ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 5122, Page 3702 of the Public Records of Collier County, Florida be dismissed as to Parcel 171RDUE; it is further Exhibit “1” to Joint Motion for Stipulated Final Judgment 16.K.1.b Packet Pg. 1035 Attachment: Joint Motion for Stipulated Final Judgment - Parcel 171_ (3864 : Stipulated Final Judgment - Collier County v. Chapin - project 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 October, 2017. THE HONORABLE JAMES R. SHENKO Circuit Court Judge Conformed Copies to: Emily R. Pepin, Esq., Counsel for PETITIONER, emilypepin@colliergov.net Michael R. Whitt, Esq., Counsel for RESPONDENT JORGE ANTONIO LOBATO, mwhitt@robinskaplan.com Clerk’s Office, Accounting Exhibit “1” to Joint Motion for Stipulated Final Judgment 16.K.1.b Packet Pg. 1036 Attachment: Joint Motion for Stipulated Final Judgment - Parcel 171_ (3864 : Stipulated Final Judgment - Collier County v. Chapin - project 1 1 I 1 E) H I BIT "A" LINE TABLE N F- LINE BEARING LENGTH ' L1 N00"31'15W 105.00 I 12 N89-28'45"E 30,00 I 1.3 S4530'23E 28.29W """"- ENI'; 9 L4 N89'29'37-E 54.99 1.5 SO0F31'12"E 35.00 WARBURTON 1.6 S89'29'37"W 74.99 5 OR 1413/2380 L7 N00*31'15V 55.01 8 / 4- 4 IcoWEST105' OF taz TRACT 109 LOBATO OR 1319/1607 SPITZER TR OR 3753/1056 g+ TRACT 108 au TRACT 109 TRACT 110 GOLDEN GATE ESTATES UNIT 14 EASTOF THUNCE PLAT BOOK 7 PAGE 74 010° West.30" OF TRACT 109 EAST UNE WEST ONE OF N „ii WEST 105' OF TRACT 109TRACT109Air" 30' re PORE OF ill PROPOSED ROADWAY EASEMENT 2.824 SQ. BEC11469NC pOp PARCEL 171 RDUE 04. Fr aa 11'.1k, 011144/ IF 11, •la tdg,3 9 Ar4016 A 46 4 r L6 r 11 NOR114 UNE OF 501.011 50' OF 51 TRACT 109 61+00 6 ••4 Ailt,00 64+00 65+00 66-00 4 I• 4 60941 OF GOLDEN GATE BOULEVARD (CR 876) CO ,4 m NT OR OFFICIAL RECORDS (BOOK/PAGE) ig, .....0. slin PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE) EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 74 LEGAL DESCRIPTION FOR PARCEL, 171 ROUE A PORTION OF TRACT 109, GOLDEN GATE ESTATES, UNIT 14 AS RECORDED IN PLAT BOOK 7, PAGE 74 OF THE PUBLIC RECORDS OF COWER COUNTY. FLORIDA, LYING IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COWER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 109; THENCE N.00'31.1 5*W., ALONG THE WEST LINE OF SAID TRACT 109 FOR 105.00 FEET; THENCE N.89'28.45EE„ FOR 30.00 FEET TO A POINT ON THE EAST LINE OF THE WEST 30 FEET OF SAID TRACT 109 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE S.45•30.23E., FOR 28.29 FEET; THENCE N.89"29'37E,, FOR 54.99 FEET TO A POINT ON THE EAST LINE OF THE WEST 105 FEET OF SAID TRACT 109; THENCE S.0031.12E., ALONG SAID EAST LINE, FOR 35.00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 50 FEET OF SAID TRACT 109; THENCE S.89'29.37*W„ ALONG SAID NORTH LINE, FOR 74.99 FEET TO A POINT ON THVEAST'LINE OF THE WEST 30 FEET OF SAID TRACT 109; THENCE N.00'31`15"W„ ALONG SAID EAST LINE, FOR 55.01 FEET TO THE POINT a labINNIA6-0Fli-IE HEREIN DESCRIBED PARCEL CONTAINING 2.824 SQUARE FEET, MORE OR LESS. 0 40 80 150 811 14,,..• , .6.7,6,4 k WPMSKETCH & DESCRIPTION ONLY 3z, .ti , "40.5301 NOT A BOUNDARY SURVEY smut 1"-air NOT VALE)untiout44 olatves. I" S.EASED EMBOSSED Sal orFOR: COLDER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FIDISDA W..LSEAW . .. .4. 'A AND 1.61961R. GOLDEN GATE BOULEVARD RIII:AL7API" SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT ji 14 v C16-1119659a96{ T SenTT4&1494PARCEL171BODE0610WDoMPlitk11464. 86118 209 6966144.Non*.84108COLLIERCOUNTY, FLORIDA Maw 1639)6970575 F 09)697-0578 1.13 Noz 6062 10B NUMBER 11EVISION SECTION TOWNSHIP 1 RANGE SCALE DRAWN BY FILE NAME SHEET 050217.00.00 099 ativit, ..;3 49 27 I 1- = 80' I OCTD. ATE2006 S.R. 1 LIN14 5K171 1 CT 1It1Exhibit "1" to Joint Motion for Stipulated Final Judgment 16.K.1.b Packet Pg. 1037 Attachment: Joint Motion for Stipulated Final Judgment - Parcel 171_ (3864 : Stipulated Final Judgment - Collier County v. Chapin - project