Agenda 07/07/2015 Item #16K27/7/2015 16.K.2.
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $11,000
for Parcel 153RDUE in the lawsuit styled Collier County v. GGl Naples, LLC, et al., Case
No. 15 -CA -329. (Golden Gate Boulevard from East of Wilson Boulevard to 20'h Street East,
Project No. 60040) Fiscal Impact: $11,170
OBJECTIVE: To approve the attached Stipulated Final Judgment for payment of full and final
compensation of the taking of Parcel 153RDUE in the lawsuit styled Collier County v. GGI
Naples, LLC, et al., Case No. 15 -CA -329.
CONSIDERATIONS: Collier County filed an eminent domain lawsuit to acquire Parcel
153RDUE, a 25 -foot wide perpetual, non - exclusive road right -of -way, drainage and utility
easement needed for the widening of Golden Gate Boulevard from East of Wilson to 20'h Street
East, Project No. 60040. An Order of Taking Hearing has been schedule for July 9, 2015. The
easement is a 3,750 square feet strip and is situated along the road frontage of a parent tract
owned by Cheryl Allison (the "owner "). An independent appraiser appointed by Collier County
has estimated that the market value of the easement is $6,800.
Through negotiations conducted with the property owner, the parties arrived at $11,000 as full
compensation due to owner for the taking of this parcel. Staff recommends approval of this
Stipulated Final Judgment to be entered with the Court.
FISCAL IMPACT: Funds in the amount of $11,170, which includes the $11,000 settlement
and the $170 Clerk's deposit fee, are available in the Golden Gate Boulevard Transportation
Capital Improvement 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. Additional right -of -way acquisitions are required,
which will add acreage to the mowing and garbage removal maintenance at approximately
$3,000 per year. Closed drainage (piping) has a useful life of approximately fifty years with
recurring costs of periodic inspections and system cleaning on a three to five year basis at an
estimated cost of $5,000 per cycle. New roadway construction has a maintenance curve of
approximately 5 to 7 years before any incremental costs are required for repairs or replacement.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and
requires a majority vote for board approval. — ERP
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long
Range Transportation Plan and the Collier County Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners of Collier County approves
the attached Stipulated Final Judgment as to Parcel 153RDUE and authorizes the payment of
$11,170, as stated.
Prepared By: Emily R. Pepin, Assistant County Attorney
Attachments: Proposed Stipulated Final Judgment for Parcel 153RDUE
[15 -CA -329/ 1189464/1 ]
Packet Page -2536-
7/7/2015 16.K.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.2.
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total
amount of $11,000 for Parcel 153RDUE in the lawsuit styled Collier County v. GG1 Naples, LLC,
et al., Case No. 15 -CA -329. (Golden Gate Boulevard from East of Wilson Boulevard to 20th
Street East, Project No. 60040) Fiscal Impact: $11,170
Meeting Date: 7/7/2015
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, CAO Office Administration
6/24/2015 2:41:44 PM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way, Growth Management Department
Date: 6/24/2015 2:53:16 PM
Name: TaylorLisa
Title: Management/Budget Analyst, Growth Management Department
Date: 6/24/2015 2:54:00 PM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Growth Management Department
Date: 6/24/2015 2:59:05 PM
Name: AhmadJay
Title: Division Director - Transportation Eng, Growth Management Department
Date: 6/25/2015 8:21:40 AM
Name: ShueGene
Title: Division Director - Operations Support, Growth Management Department
Date: 6/25/2015 3:15:24 PM
Name: PepinEmily
Packet Page -2537-
7/7/2015 16.K.2.
Title: Assistant County Attorney, CAO Litigation
Date: 6/25/2015 3:20:03 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/25/2015 3:24:01 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/25/2015 5:04:27 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 6/26/2015 10:00:56 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/26/2015 1:02:40 PM
Packet Page -2538-
7/7/2015 16.K.2.
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, Case No. 15 -CA -329
V.
001 NAPLES, LLC, ET AL.,
Respondents.
Parcel No.: 153RDUE
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondent,
CHERYL D. ALLISON (hereafter "Respondent "), for entry of a Stipulated Final Judgment as to
Parcel 153RDUE, 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 Respondent, and the Court being otherwise fully advised in the
premises thereof, it is thereupon,
ORDERED AND ADJUDGED that Respondent have and recover from Petitioner,
COLLIER COUNTY, FLORIDA, the sum of Eleven Thousand Dollars and No /100 ($11,000.00),
inclusive of the good faith estimate of value for Parcel 153RDUE deposited pursuant to the Order of
Taking in the amount of Six Thousand Eight Hundred Dollars and No /100 ($6,800.00), as full
payment for the property interests taken and for damages resulting to the remainder, if less than the
entire property was taken, business damages, and for all other damages in connection with said
parcel; it is further
ORDERED that no other additional fees or costs are awarded in this matter; it is further
Packet Page -2539-
7/7/2015 16.K.2.
ORDERED that within thirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall deposit the
additional sum of Four Thousand Two Hundred Dollars and No /100 ($4,200.00) into the Court
Registry; it is further
ORDERED that title to Parcel 153RDUE, a Roadway, Drainage and Utility Easement, being
fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner,
COLLIER COUNTY, FLORIDA, pursuant to the Order of Taking dated July 30, 2015, and the
deposit of money heretofore made, is approved, ratified, and confirmed; it is further
ORDERED that this Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment and for apportionment of the funds on deposit in the Court Registry; it is further
ORDERED that the Notice of Lis Pendens in this cause recorded in Official Record Book
5123, Page 1498, et seq. of the Public Records shall be dismissed as to Parcel 153RDUE; it is
further
ORDERED that this Stipulated Final Judgment is subject to approval by the Board of
County Commissioners; it is further
ORDERED that this Stipulated Final Judgment will be recorded in the Official Records of
Collier County, Florida.
DONE AND ORDERED in Naples, Collier County, Florida on this day of July, 2015.
Conformed Conies:
Heidi Ashton- Cicko, Esq.
Emily R Pepin, Esq.
Cheryl D. Allison
American Eagle of Ohio, LLC
Kevin Hendricks, Acquisition Mgr/Tmwp.
Bookkeeping
[15 -CA- 329/1187320/1] 471 2
Honorable Cynthia A. Pivacek
CIRCUIT COURT JUDGE
Packet Page -2540-
7/7/2015 16.K.2.
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, CHERYL D.
ALLISON, hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to
Parcel 153RDUE.
Dated: tc 2 3 l b
Aotj� � caa,--,
CHERYL D. LISON
361 Golden Gate Boulevard, East
Naples, FL 34120
RESPONDENT
[15 -CA- 329/1187320/1] 471
3
Dated:
EMILY R. PEPIN, ESQUIRE
Florida Bar No.: 92956
HEIDI ASHTON- CICKO, ESQUIRE
Florida Bar No.: 966770
OFFICE OF THE COUNTY ATTORNEY
3299 East Tamiami Trail, Ste. 800
Naples, FL 34112
(239) 252 -8400 - Telephone
(239) 252 -6300 — Facsimile
emilypepin(a,collier ov.net
heidiashtonncollier o
kathynellcrotteau(&collier og_ v.net
nancybradlev�.colliergov.net
ATTORNEY(S) FOR PETITIONER
Packet Page -2541-
TRACT 71
N
w E
5
1I
WMT SW OF OABMW At OMPAN
7RCT 72 OR 2616/066
OR 3147/1079 1 8 1
P
1 �1
TRACT 72 I TRACT 73
GOLDEN WE ESTATES
LN*r 14
PAR MOOR [ PAGE 74
WW M
103 f4m
art
- -J
WE WUMM cCR W%
OR OFF4K REOWS (90OKVPAM
® PRDf95ED WAMY. MUNADE AND UFUTY EA VAD f '( U10
(�] Emt# Y OK 7 PAM w pm- 3UL
UW& DEOORI = FOR PWU 163 MM
A POR110N OP TR74CT 7y GOtD01 LATE ESTA7t3 UFfi t4 AS RECORDED N. PLAT BOD1C ], PAO'E 74 OF IM PUBLIC
RDDDR06 OF COU O:R COUMY, i7DIilOA LY91P N SE�II011 3. 7UyR� 49 � RANOE 27- if, COLUEA
COLWW, FLORIOA. 9ENC MORE PAY DESCFAM AS POL AM. .
THE NORM 26 FEET OF THE SOWN 73 FEET OF THE WEST 130 FEET OF SMD TEACH -67
COWl"m 3.730 smw FEET. MORE OR LESS.
NOT A (t DESCRIPTION ONLY OEM a wws a
NOT A OOtR1DAk1' SURYE7 go" am
FOR: CCLLFR ODIMIT OOYOO W �goW OF CODUN � E� � x New
COTDm H00[
8J�8 & � "w 0h PAO1?'OL1d8 i00ADTAY ELlAf=
PARM M MW
�ws�}IMtoMwtAf
COUM Mum flomm �M�r arYPan
Packet Page -2542-