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Agenda 09/08/2015 Item #16K 19/8/2015 16.K.1. EXECUTIVE SUMMARY Recommendation to approve a Joint Motion and Final Judgment in the amount of $5,000 as a global settlement for Parcels 152SE and 152TCE2 in the eminent domain lawsuit styled Collier County v. Modelyne Jean Gilles, et al., Case No. 14 -CA -764 (Collier Boulevard Project No. 68056). (Fiscal Impact: $3,524). OBJECTIVE: To approve a settlement for payment of full compensation for Parcels 152SE and 152TCE2 taken to widen Collier Boulevard (County Road 951) from Green Boulevard to Golden Gate Boulevard, Project No. 69056, hereinafter referred to as the "Project ". CONSIDERATIONS: On May 30, 2014, Collier County condemned Parcels 152SE and 152TCE2 in order to construct the Project. Parcel 152SE is a 1,650 square foot slope easement and 152TCE2 is a 1,650 square foot, 3 -year term temporary construction easement located on the west side of Collier Boulevard (County Road 951). The County previously deposited $1,520 into the Court Registry as a good faith estimate of value as a result of the Order of Taking entered on May 30, 2014. The parties agreed to a global settlement in the amount of $5,000 for full compensation, inclusive of the value of the land taken, all damages, attorney's fees, expert fees and costs. If approved, the County will be responsible for an additional $3,480 over the amount already on deposit in the Court Registry and a $44 fee to record the Final Judgment in the Official Records of Collier County. A copy of the Joint Motion and Final Judgment are attached for your reference. The County Attorney's Office and Staff are recommending approval of this settlement in order to avoid any additional costs associated with litigation and since a better result is not expected 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 $3,524 will be paid from gas taxes and /or impact fees. 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: That the Board of County Commissioners approves the attached Joint Motion and Final Judgment as to Parcels 152SE and 152TCE2 and authorizes the payment of funds as stated. Prepared By: Emily R. Pepin, Assistant County Attorney Attachments: Joint Motion and Final Judgment Location Map [14 -CA- 764/11973] 9/11 Packet Page -3421- 9/8/2015 16.K.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.1. Item Summary: Recommendation to approve a Joint Motion and Final Judgment in the amount of $5,000 as a global settlement for Parcels 1525E and 152TCE2 in the eminent domain lawsuit styled Collier County v. Modelyne Jean Gilles, et al., Case No. 14 -CA -764 (Collier Boulevard Project No. 68056). (Fiscal Impact: $3,524). Meeting Date: 9/8/2015 Prepared By Name: CrotteauKathynell Title: Legal Secretary, CAO Office Administration 7/22/2015 1:13:02 PM Approved By Name: HendricksKevin Title: Manager - Right of Way, Growth Management Department Date: 7/22/2015 3:23:43 PM Name: TaylorLisa Title: Management/Budget Analyst, Growth Management Department Date: 7/23/2015 2:53:48 PM Name: AhmadJav Title: Division Director - Transportation Eng, Growth Management Department Date: 8/5/2015 11:17:40 AM Name: ShueGene Title: Division Director - Operations Support, Growth Management Department Date: 8/6/2015 2:00:26 PM Name: KeamsAllison Title: Manager Financial & Operational Support, Growth Management Department Date: 8/13/2015 12:24:47 PM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Packet Page -3422- Date: 8/13/2015 3:20:38 PM ` Name: WilkisonDavid Date: 8/14/2015 11:41:33 AM Name: KlatzkowJeff Title: County Attorney, Date: 8/14/2015 4:24:40 PM 9/8/2015 16.K.1. Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 8/19/2015 8:15:29 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 8/19/2015 4:18:31 PM Packet Page -3423- 9/8/2015 16.K.1. 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, kv MODELYNE JEAN GILLES, ET AL Respondents. Case No. 14 -CA -764 Parcel Nos.: 152SE, 152TCE2 JOINT MOTION FOR FINAL JUDGMENT AS TO PARCELS 152SE AND 152TCE Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, ARAND CORP., ALINE JIDY, ALFREDO JIDY, AND RAUL JIDY JR., by and through their undersigned counsel, hereby respectfully move for entry of the foregoing Final Judgment as to Parcels 152SE and 152TCE2 attached hereto as Exhibit "l." Dated: July 16, 2015 JESSIC RO, ESQUIRE Florida Bar No. 58028 Jessica Yero, P.A. 723 SE 16" Court Ft. Lauderdale, Florida 33316 (954) 801 -5819 - Telephone (954) 839 -9449 - Facsimile j essicayero n panail . com ATTORNEY FOR RESPONDENTS, ARAND CORP., ALINE JIDY, ALFREDO JIDY AND RAUL JIDY JR. Dated: EMILY R. PEPIN, ESQUIRE Florida Bar No. 92956 Office Of The County Attorney Harmon Turner Building 3299 East Tamiami Trail, Ste. 800 Naples, Florida 34112 (239) 252 -8400 - Telephone (239) 252 -6300 — Facsimile emilypepinna,collier og v.net kathynellcrotteau (Qcolliergov.net nancvbradley(a collier ov.net ATTORNEY FOR PETITIONER, COLLIER COUNTY, FLORIDA 1 Packet Page -3424- 9/8/2015 16.K.1. CERTIFICATE OF SERVICE Aw 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 July, 2015 to all parties listed on the attached Service List. EMILY R. PEPIN, ESQUIRE SERVICE LIST Parcels 152SE/TCE2 Arand Corp., a Florida Corporation, Aline Jidy, Alfredo Jidy, and Raul Jidy Jr. c/o Jessica Yero, Esquire Jessica Yero, P.A. 723 SE 16`j' Court Ft. Lauderdale, Florida 33316 1) Packet Page -3425- 9/8/2015 16.K.1. EXHIBIT "1" IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, Petitioner, V. MODELYNE JEAN GILLES, ET AL, Respondents. CASE NO. 14 -CA -764 PARCEL NOS: 152SE, 152TCE2 FINAL JUDGMENT FOR PARCELS 152SE AND 152TCE2 THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents, ARAND CORP., ALINE JIDY, ALFREDO JIDY, AND RAUL JIDY JR., by and through their undersigned counsel, for entry of a Final Judgment as to Parcels 152SE and 152TCE2 for Project No. 68056, 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, ARAND, CORP., ALINE JIDY, ALFREDO JIDY, AND RAUL JIDY JR., have and shall recover from Petitioner, COLLIER COUNTY, FLORIDA the total sum of Five Thousand and No /100 Dollars ($5,000.00) for full compensation, including damages, statutory interests, attorney's fees, expert fees and costs in connection with said parcel; it is further Packet Page -3426- 9/8/2015 16.K.1. ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a good faith credit of One Thousand Five Hundred Twenty and No /100 Dollars ($1,520.00), which was deposited into the registry of the Clerk of the Circuit Court as payment for acquisition of Parcels 152SE and 152TCE2, 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, the Clerk of the Circuit Court shall release funds on deposit in the court registry in the amount of One Thousand Five Hundred Twenty and No /100 Dollars ($1,520.00) to the trust account of Jessica Yero, P.A., c/o Jessica Yero, Esquire, 723 SE 16`x' Court, Fort Lauderdale, Florida 33315; it is further ORDERED that within thirty (30) days, Petitioner, COLLIER COUNTY, FLORIDA, shall pay the balance of Three Thousand Four Hundred Eighty and No /100 Dollars ($3,480.00) to the trust account of Jessica Yero, P.A., c/o Jessica Yero, Esquire, 723 SE 16t` Court, Fort Lauderdale, Florida 33315; it is further ORDERED that this Final Judgment disposes of all Respondents' claims arising out of the taking of Parcels 152SE and 152TCE2 that have or could have been asserted in this cause; it is further ORDERED that title to Parcels 152SE and 152TCE2, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, FLORIDA, pursuant to the Order of Taking entered May 30, 2014, 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 5025, Page 3187 of the Public Records of Collier County, Florida is dismissed as to Parcels 152SE and 152TCE2; it is further 2 Packet Page -3427- 9/8/2015 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 July, 2015. HONORABLE JAMES R. SHENKO CIRCUIT COURT JUDGE Conformed copies to: Emily R. Pepin, Esquire Jessica Yero, Esquire Kevin Hendricks, Transportation ROW Acquisition Manager Clerk's Office, Accounting T0: 14- CA- 764/584 3 Packet Page -3428- PROJECT NO. 85066 PROJECT PARCEL NO. 152SE PARENT TRACT FOLIO NOS, 38818000107 & 38818000000 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) The West 3 feet of the East 40 feet of Tract 120, Golden Gate Estates Unit 1, according W the plat thereof, recorded in the official records of Copier County, Florida. In Plat Book 4, Page 73; containing 1,550 square feet, more or less. N► T 8 S I ti 1 I WWii 1 I a !- I a i I o z t i � . TRACT 120 5 FEET GOLDEN GATE ESTATES UNIT 1 I 1 I � i I LL i I W TECM - ROW PERPETUAL NON- EXCWSIVE NOV 0 7 2013 SLOPE EASMENT &CMNOT ro sauF E IBIT 1+a�n34at� Packet Page -3429- 9/8/2015 16. K.1. v 9/8/2015 16.K.1. PROJECT NO. 86056 PROJECT-.PARCEL NO. 152TCE2 PARENT TRACT FOLIO NOS. 38618000107 & 3WIS000000 LKQ66 DE$93UJ.QN & SKUM (NOT A SURVE)q The West 5 feet of the Fast 45 feet of Tract 120, pokier pate Estates Unit 1, according to the plat thereof, recorded In the of lal raoords of CoMier County, Florida, In Plat Book 4, Page 73 oontalning 1,650 square feet, riots or less, n. A�Y aYY 11 _ r I! all i 11 5 FEET <! 11 II g �i s II ?: Q TRACT 120 I I a 5 FEET GOLDEN GATE ESTATES UNIT 1 t 1 i 11 IE !! 8 TECM V I 4 ZDt3 -Row TWOMM MV CUMUCTMN EAS T DURATION .3 MM aKeRJ WT0 r-4W EXHIBIT o� O 4 11HY13flWAM Packet Page -3430- 9/8/2015 16. K.1. LOCATION MAP (PARCELS 152SE & 152TCE2) Packet Page -3431-