Agenda 09/08/2015 Item #16K 29/8/2015 16.K.2.
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion for Final Judgment in the amount of $55,000.00 for
full compensation as well as $8,517.00 in statutory attorney's fees, expert fees and costs for Parcel
161RDUE in the case styled Collier County v. Tara Chapin, et al., Case No.15 -CA -319 required for
improvements to Golden Gate Boulevard (Project No. 60040). Fiscal Impact: $23,822.50.
OBJECTIVE: To settle full compensation owed for the taking of Parcel 161RDUE required for the
road widening of Golden Gate Boulevard from Wilson Boulevard to Desoto Boulevard, Project No.
60040, hereinafter referred to as the "Project."
CONSIDERATIONS: On July 9, 2015, the County condemned Parcel 161RDUE in order to construct
the Project. Pursuant to the Order of Taking, the County deposited a good faith estimate of value in the
amount of $39,900.00 into the Court Registry. Parcel 161RDUE is 25 feet in depth and 73 feet wide
across the front of the property owned by Tara Chapin and Darren Allison. The property is currently
improved with a single - family home. Through negotiations parties agreed to full compensation in the
amount of $55,000.00, which includes the property taken, improvements, and severance damages
resulting from the reduction in the home's setback from 90 feet to 65 feet from the right -of -way. The
parties also agreed to statutory attorney's fees and expert fees totaling $8,517.00. Attached is a Joint
Motion and Final Judgment memorializing the terms of the settlement. If approved, the County will be
responsible for the following additional funds:
Additional Compensation Owed: $15,100.00
Attorney's Fees and Expert's Fees: $8,517.00
Clerk's Deposit Fee: $170.00
Est. Recording Costs: $35.50
Total: $23,822.50
The County Attorney's Office and Staff recommend approval of this settlement since a better result at
trial is not expected. Upon approval, the County Attorney's Office will file the attached Joint Motion
with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $23,822.50 will be paid from gas taxes and /or impact fees
from Golden Gate Blvd Project # 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: 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 approves the attached Joint Motion and Final Judgment and
authorizes the payment of funds as stated herein.
Prepared By: Emily R. Pepin, Assistant County Attorney
Attachments: (1) Joint Motion and Final Judgment and (2) Location Map
(1 5-CA-319/1198106/11
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.2.
Item Summary: Recommendation to approve a Joint Motion for Final Judgment in the
amount of $55,000 for full compensation as well as $8,517 in statutory attorney's fees, expert
fees and costs for Parcel 161RDUE in the case styled Collier County v. Tara Chapin, et al., Case
No.15 -CA -319 required for improvements to Golden Gate Boulevard (Project No. 60040). Fiscal
Impact: $23,922.50.
Meeting Date: 9/8/2015
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, CAO Office Administration
7/29/2015 9:32:49 AM
Approved By
Name: BoschRobert
Title: Operations Analyst, Senior, Growth Management Department
Date: 7/29/2015 10:22:32 AM
Name: TaylorLisa
Title: Management/Budget Analyst, Growth Management Department
Date: 7/29/2015 12:51:07 PM
Name: AhmadJav
Title: Division Director - Transportation Eng, Growth Management Department
Date: 8/5/2015 11:18:39 AM
Name: ShueGene
Title: Division Director - Operations Support, Growth Management Department
Date: 8/6/2015 2:01:04 PM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Growth Management Department
Date: 8/14/2015 11:07:59 AM
Name: PepinEmily
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Title: Assistant County Attorney, CAO Litigation
Date: 8/14/2015 1:24:42 PM
Name: WilkisonDavid
Date: 8/14/2015 3:25:11 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/14/2015 4:21:15 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 8/19/2015 8:23:49 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 8/19/2015 4:20:08 PM
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IN THE CIRCUIT COURT OF `iM —1 JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL. ACTION
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Petitioner,
V.
CASE NO. 15-CA -319
PARCEL NO: 161 RDUE
TARA CHAPIN, ET AL.,
Respondents.
9/8/2015 16.K.2.
JOINT MOTION FOR ENTRY OF A FINAL JUDGMENT FOR PARCEL 161RDUE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, TARA
CHAPIN and DARREN ALLISON, by and through their respective undersigned counsel, hereby
respectfully move for entry of a Final Judgment as to Parcel 161RDUE, attached hereto as
Exhibit "A/.,"
Dated: I Z� 3 j/ 5
. Blume, Esquire
Craig D. Blume, P.A.
Florida Bar No. 175892
800 Harbour Drive
Naples. FL 34103
(239) 4174848 — Telephone
(239) 417 -4840 - Facsimile
napleslawoffice&&mail.com - Email
ATTORNEY FOR RESPONDENTS:
TARA CHAPIN and DARREN ALLISON
ieTl1W.9
EMILY R. PEPIN, ESQUIRE
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 Notice was
electronically filed with the Florida Courts E- Filing Portal which will send a notice of electronic
filing to parties appearing via electronically as indicated on the Service List below on this
day of
2015.
SERVICE LIST
PARCEL 161RDUE
Tara Chapin and Darren Allison
c/o Craig D. Blume, Esquire
Craig D. Blume, P.A.
800 Harbour Drive
Naples, FL 34103
napleslawoffice(ir gmail.com
Mortgage Electronic Registration Systems, Inc.,
as nominee for Guaranteed Rate, Inc.
c/o Jay R. Seigel, Esquire and
Aaron Hines, Esquire
Phelan Hallinan Diamond & Jones, PLLC
2727 West Cypress Creek Road
Fort Lauderdale, FL 33309
fi.service@Xhelanhallinan.com
N
EMILY R PEPIN, ESQUIRE
Guaranteed Rate, Inc., a Delaware corporation
c/o Jay R Seigel, Esquire and
Aaron Hines, Esquire
Phelan Hallinan Diamond & Jones, PLLC
2727 West Cypress Creek Road
Fort Lauderdale, FL 33309
fl.service@phelanhallinan.com
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EX=IT A
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA ='
CIVIL ACTION
COLLIER COUNTY, FLORIDA,
Petitioner,
V.
TARA CHAPIN, ET AL.,
Respondent.
CASE NO. 15 -CA -319
PARCEL NO: 161 RDUE
FINAL JUDGMENT FOR PARCEL 161RDUE
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, TARA CHAPIN and DARREN ALLISON,
by and through their undersigned counsel, for entry of a Final Judgment as to Parcel 161 RDUE 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, 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, TARA CHAPIN and DARREN ALLISON,
shall recover from Petitioner, COLLIER COUNTY, FLORIDA the total sum of Fifty -Five
Thousand and No /100 Dollars (555,000.00) for full compensation, including all damages and
statutory interest in connection with said parcel, except for attorney's fees and costs; it is further
ORDERED that Petitioner is entitled to a good faith credit of Thirty-Nine Thousand Nine
Hundred and No /100 Dollars ($39,900.00), which was deposited into the registry of the Clerk of
the Circuit Court as payment for acquisition of Parcel 161RDUE; it is further
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ORDERED that Respondent shall receive as reasonable attorney's fees, expert fees and costs,
the sum of Eight Thousand Five Hundred Seventeen and No /100 ($8,517.00) and no other
attorney's fees, expert witness fees and costs shall be awarded in connection with this cause as it
relates to Parcel 161 RDUE; it is further
ORDERED that within thirty (30) days from the date of entry of this Final Judgment,
Petitioner shall deposit into the Court Registry the sum of Fifteen Thousand One Hundred and
No /100 Dollars ($15,100.00); it is further
ORDERED that within thirty (30) days from the date of this Order, Petitioner shall pay the
sum of Eight Thousand Five Hundred Seventeen and No /100 ($8,517.00) to the trust account of
Craig D. Blume, P.A, c/o Craig D. Blume, Esquire, 800 Harbour Drive, Naples, Florida 34103; it is
further
ORDERED that title to Parcel 161 RDUE, 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 9, 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 5122, Page 3702 of the Public Records of Collier County, Florida is
dismissed as to Parcel 161RDUE; it is further
ORDERED that the Final Judgment will be recorded in the Official Records of Collier County,
Florida; it is further
ORDERED that this Court reserves jurisdiction for apportionment of those funds on deposit
and to enforce this Final Judgment.
2
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IT IS THEREFORE, 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
Craig D. Blume, Esquire
Joseph Passamani, Esquire
Jay R, Seigel, Esquire
Aaron Hines, Esquire
Kevin Hendricks, Transportation ROW Acquisition Manager
Clerk office, Accounting
15- CA- 319/422
9
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w
1�
WEST 75' OF THE
EAST 160' OF
TRACT 74
PERALLTA & ARREDONDO
OR 3512/1151
HERNANDEZ JONES
OR 2702/1330 I OR 3466/1919
TRACT 73
- 9/8/2015 16.x.2.
TRACT 107
TRACT 74
GOLDEN GATE ESTATES
UNIT 14
PLAT BOOK 7 PACE 74
N
W E
PROPOSED ROADBp1Y FJL"EmENT S
PARCEL 161 RDUE
+wean.
25'
St +00: -Mix 53a00 ,` 10+00 'JO+YO _
0011DEN GATC BOf UI rMtD (CR 675)
I
OR OFFICIAL RECORDS (BOOK /PAGE)
PROPOSED ROADWAY, DRAINAGE AND UnL1TY EASEMENT (ROUE)
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BDDK 7, PACE 74
LE)CAL DESCRIPTION FOR PARCEL 161 RDUE
A PORTION OF TRACT 74, GOLDEN GATE ESTATES, UNIT 14 AS RECORDED IN PLAT BOOK 7, PACE 74 OF THE PUBLIC
RECORDS OF COLDER COUNTY, FLORIDA, LYING IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE NORTH 25 FEET OF THE SOUTH 75 FEET OF THE WEST 75 FEET OF THE EAST 117 FEET Of SAID ID TRACT 74.
CONTAINING 1,575 SQUARE FEET, MORE OR LESS. 'Y
0 4e p
SKETCH t DESCRIPTION ONLY r�*Q
NOT A BOUNDARY SURVEY BC,�Tt L•.p Mai 1 ��
FOR: COUlER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS �! j �a•�• erum f
GOLDEN GATE BOULEVARD
A7s�
SKETCH & DESCRIPTION OP: PROPOSED ROADWAY CASEMENT RMw1hrlefthmillift toml.
PARCEL 161 RDUE rnow�r.�ow. arl�a
COT -LIER COUNTY, FLORIDA ��IMrrwlr f
UNum
JAI.£ DAIS DRAWN BY FILE NAME SHEET
60' FEB. 2006 S.R. I UN14 SKIS1 1 OF i
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AERIAL MAP - PARCEL 161 RDUE
GOLDEN GATE BOULEVARD PROJECT NO. 60040
(Not to Scale)
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