Agenda 06/23/2015 Item #16K16/23/2015 16.K.1.
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $15,000 in full settlement of all
claims for compensation, damages, attorney fees and expert witness costs for the taking of Parcel 250DAME for
the construction of the Sandy Lane segment of the Lely Area Stormwater Improvement Project (LASIP), Project
No. 51101. Fiscal Impact: $9,414.
OBJECTIVE: To settle all claims associated with the taking of Parcel 250DAME.
CONSIDERATIONS: On January 5, 2015, the County condemned Parcel 250DAME, a drainage, access and
maintenance easement, and deposited $5,800 in the Court Registry in order to construct a portion of the Sandy
Lane segment of the LASIP. The County originally offered the owners of the parent tract $5,390 for the required
Drainage Access and Maintenance Easement back in August 2013. The parties agreed to a settlement of
$15,000 inclusive of all compensation and damages resulting from the taking and all attorney and expert witness
fees to which the owners are entitled under Sections 73,091 and 73.092, Florida Statutes. This settlement is
being recommended to the Board in order to bring closure to this case and avoid exposure to any further costs
associated with the taking of Parcel 250DAME.
FISCAL IMPACT: The fiscal impact associated with this recommendation consists of the $9,200 in additional
compensation as well as a $170 Clerk's deposit fee and $44 recording fee. Funds are budgeted in Stormwater
Fund (325).
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority
vote for Board approval. - ERP
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
RECOMMENDATION: That the Board of County Commissioners of Collier County approves and authorizes
the entry of the Stipulated Final Judgment (as attached) with the Circuit Court of Collier County, Florida.
Prepared by: Emily R. Pepin, Assistant County Attorney
Attachments: (1) Stipulated Final Judgment with Exhibit; and (2) Property Location Map.
[14-CA-2374/118431 8/11
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6/23/2015 16.K.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.1.
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount
of $15,000 in full settlement of all claims for compensation, damages, attorney fees and expert
witness costs for the taking of Parcel 250DAME for the construction of the Sandy Lane segment
of the Lely Area Stormwater Improvement Project (LASIP), Project No. 51101. Fiscal Impact:
$9,414.
Meeting Date: 6/23/2015
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, CAO Office Administration
6/3/2015 2:59:39 PM
Approved By
Name: AhmadJay
Title: Division Director - Transportation Eng. Growth Management Department
Date: 6/4/2015 7:1 0:02 AM
Name: HendricksKevin
Title: Manager - Right of Way, Growth Management Department
Date: 6/4/2015 9:06:42 AM
Name: TaylorLisa
Title: Management/Budget Analyst, Growth Management Department
Date: 6/4/2015 3:26:44 PM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Growth Management Department
Date: 6/4/2015 4:27:20 PM
Name: ShueGene
Title: Division Director - Operations Support, Growth Management Department
Date: 6/5/2015 9:28:19 AM
Name: Casa] anguidaNick
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Title: Deputy County Manager, County Managers Office
Date: 6/6/2015 9:25:10 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 6/8/2015 9:30:00 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/8/2015 10:58:44 AM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 6/9/2015 9:39:11 AM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 6/10/2015 12:43:48 PM
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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,
0
DAN A. EBY, et al.,
Respondents.
Case No. 14 -CA -2374
Parcel No.: 250DAME
FA
JOINT MOTION FOR
FINAL JUDGMENT AS TO PARCEL 250DAME
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, JAMES E.
POOLE, JR. AND FILOMENA A. POOLE, hereby respectfully move for entry of the foregoing
Final Judgment as to Parcel 250DAME attached hereto as Exhibit "A."
Dated: L Dated:
BELLA Y. PATEL, ESQUIRE
Florida Bar No. 961670
Law OIflces of Bella Y. Patel
13026 Waterford Run Drive
Riverview, Florida 33569
(8 13) 643 -2762 — Telephone
(813) 643 -2612 - Facsimile
bellanatelpagaol . com
ATTORNEY FOR RESPONDENTS,
JAMES E. POOLE, JR. AND FILOMENA A.
POOLE
EMILY R. PEPIN
Florida Bar No. 92956
ASSISTANT COUNTY ATTORNEY
Harmon Turner Building
3299 East Tamiami Trail -Ste. 800
Naples, Florida 34112
(239) 252 -8400 - Telephone
(239) 252 -6300 - Facsimile
ATTORNEY FOR PETITIONER,
COLLIER COUNTY, FLORIDA
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was filed with the
Clerk of Court, using the Florida Courts E- Filing Portal, and that a true and correct copy was
furnished via Electronic Mail and/or U.S. Mail this day of 2015 to all
parties listed on the attached Service List as indicated.
BY:
EMILY R. PEPIN, ESQUIRE
SERVICE LIST
PARCEL 250DAME
via electronic mail to:
James E. Poole, Jr. and Filomena A. Poole
C/o Bella Y. Patel, Esquire
Law Offices of Bella Y. Patel
13026 Waterford Run Drive
Riverview, Florida 33569
bellal)atelpa@aol.co
via electronic mail to:
Larry H. Ray, Collier County Tax Collector
c/o Carlos A. Kelly, Esquire
Henderson, Franklin, Starns & Holt. PA
1715 Monroe Street, Fort Myers, FL 33901
Carios.Kellyt' henlaw.com
0)
via USPS to:
Skilac 13, LLC
o/b /o SB Municipal, LLC
c/o Joshua W. SCHRAGER, its Managing
member & Registered Agent
200 S. Park Road, Suite 425
Hollywood, FL 33021
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EXHIBIT A
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.
DAN A. EBY, et al.,
Respondents.
Case No. 14 -CA -2374
Parcel No.: 250DAME
II
FINAL JUDGMENT FOR PARCEL 250DAME
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its counsel, and Respondents, JAMES E.
POOLE, JR. AND FILOMENA A. POOLE, by and through their counsel, for entry of a Final i
Judgment as to Parcel 250DAME for Project No. 51101, 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, COLLIER COUNTY, FLORIDA, is the full compensation due Respondents, and the
Court being otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondents have and shall recover from Petitioner,
COLLIER COUNTY, FLORIDA the total sum of Fifteen Thousand and 00 /100 Dollars
($15,000.00) for Rill compensation, including all damages, statutory interests, attorney's fees, and
expert fees and costs in connection with said parcel; it is further
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ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a good faith
credit of Five Thousand Eight Hundred and 00 /100 Dollars ($5,800.00), which was deposited
into the registry of the Clerk of the Circuit Court as payment for acquisition of Parcel 250DAME, at
which time title to said parcels 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 Final Judgment, the Clerk shall
disburse the amount of Five Thousand Eight Hundred and 00 /100 Dollars ($5,800.00), less any
taxes disbursed to the Tax Collector, to the Trust Account of Law Offices of Bella Y. Patel, c/o
Bella Y. Patel, Esquire, 13026 Waterford Run Drive, Riverview, Florida 33569; it is further
ORDERED that within thirty days of entry of this Final Judgment, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay Nine Thousand Two Hundred and 00/100 Dollars ($9,200.00)
to the Trust Account of Law Offices of Bella Y. Patel, c/o Bella Y. Patel, Esquire, 13026 Waterford
Run Drive, Riverview, Florida 33569; it is further
ORDERED that this Final Judgment disposes of all Respondents' claims arising out of the
taking of Parcel 250DAME that have or could have been asserted in this cause; it is further
ORDERED that title to Parcel 250DAME, being fully described in Exhibit "A" attached
hereto and incorporated herein, which vested in Petitioner, COLLIEP. COUNTY, FLORIDA,
pursuant to the Order of Taking entered January 5, 2015, and the deposit of money heretofore
made, is approved, ratified, and confirmed; it is further
ORDERED that the Notice of Lis Pendens filed in the above - styled cause and recorded in
Official Records Book 5090, Page 1106 of the Public Records of Collier County, Florida is
dismissed as to Parcel 250DAME; it is further
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6/23/2015 16.K.1.
ORDERED that this Final Judgment will be recorded in the Official Records of Collier
County, Florida; it is further
ORDERED that this Court reserves jurisdiction to enforce this Final Judgment.
DONE AND ORDERED in Chambers in Naples, Florida this day of
2015.
HONORABLE JAMES R. SHENKO
CIRCUIT COURT JUDGE
Conformed copies to:
Emily R. Pepin, Esquire
Bella Y. Patel, Esquire
Carlos A. Kelly, Esquire
Skilac 13, LLC
Kevin Hendricks, Transportation ROW Acquisition Manager
Clerk office, Accounting
14-i A- 23741372
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. 1 %, .
EXHIBIT A
LEGAL DESCRIPTION
PERPETUAL, NON-EXCLUSIVE DRAINAGE, ACCESS AND MAINTENANCE EASEMENT
PARCEL NO.25MAME
LYING IN
THE NORTHWEST QUARTER (NW 1 /4) OF
SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
A tract or parcel of land lying in the Northwest Quarter (NW 1/4) of Section 16, Township 50
South, Range 26 East, Collier County, Florida, which tract or parcel is more particularly
described as follows:
Commencing at the northeast comer of the Northwest Quarter (NW 1/4) of said
Section 16; thence North 89'24'390 West on the north line of said fraction for
30.00 feet to an intersection with a line 30 feet west of (as measured on a
perpendicular) and parallel with the east line of sold fraction and to the Point of
Beginning.
From said Point of Beginning; thence South 00'16'35" East on said parallel line
for 50.21 feet; thence North 48'45'27" West for 31.02 feet to an intersection
with a line 30 feet south of (as measured on a perpendicular) and parallel with
the north line of said fraction; thence North 89'24'39" West on said parallel line
for 126.79 feet to an intersection with a line 180 feet west of (as measured on a
perpendicular) and parallel with the east line of said fraction; thence
North 00'16'35" West on said parallel line for 30.00 feet to an intersection with
the north line of said fraction; thence South 89'24'39' East on said north line for
150.02 feet to the Point of Beginning.
Parcel contains 4,735 square feet (0.11 acres), more or less.
Bearings hereinabove mentioned are based on State Plane Coordinates, Florida Zone East,
North American Datum of 83 (NSRS 2007) wherein .the north line of the Northwest Quarter
(NW 1 /4) of said Section 16 bears South 89'24'39" East.
TKM - ROW
July 9, 2012 AUG 16 2012
(Not Valid Without Sheet 2 of 2)
5heet 1 of 2
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LOCATION MAP FOR LASIP PARCEL 250DAME
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