Agenda 09/08/2015 Item #16K 69/8/2015 16.K.6.
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion and Final Judgment in the amount of $90,000
for full compensation, as well as $13,882 in statutory attorney's fees and expert fees, for
Parcel 162RDUE in the lawsuit styled Collier County v. Lee McCaskey a/k /a Leon
McCaskey, et al., Case No. 15 -CA -152 required for roadway and related improvements to
Golden Gate Boulevard, Project No. 60040, and approve the payment of attorney's fees for
supplemental proceedings in an amount not to exceed $5,000. (Fiscal Impact: 36,687.50)
OBJECTIVE: To approve a settlement determining full compensation for the taking of Parcel
162RDUE required for the road widening of Golden Gate Boulevard from Wilson Boulevard to
Desoto Boulevard, Project No. 60040, herein after referred to as the "Project."
CONSIDERATIONS: On July 9, 2015, Collier County condemned Parcel 162RDUE, a road
right -of -way, drainage and utility easement, required for the construction of the Project. Pursuant
to the Order of Taking, the County deposited a good faith estimate of value in the amount of
$72,400.00 into the Court Registry. Parcel 162RDUE is a 25 -foot deep by 105 -feet wide strip
easement along the north -side of Golden Gate Boulevard over property owned by Thomas and
Lisa Jones. (See the attached aerial). The parent tract is improved with a single - family home.
After the take, the home's setback will be reduced from 75 feet to 50 feet from the right -of -way.
Through negotiations, the parties agreed to full compensation in the amount of $90,000.00,
which includes the value of the land taken, all damages as a result of the partial take, specifically
the reduced setback, and all improvements. The p arties agreed to statutory attorney's fees and
expert fees in the combined amount of $13,882.00. In addition to statutory attorney's fees, the
parties agreed to reserve jurisdiction to determine attorney's fees for apportionment of the funds
on deposit in an amount not to exceed $5,000, as is compensable under Section 73.092(2),
Florida Statutes.
If this item is approved, the County will be responsible for the following costs:
Additional Compensation Due:
Attorney's and Expert's Fees:
Attorney's Fees for apportionment:
Clerk's deposit fee:
Recording Costs:
Total:
$17,600.00
$13,882.00
$5,000.00
$170.00
$35.50
$36,687.50
The County Attorney's Office and Staff recommend approval of this settlement since a better
result is not expected at trial. Upon approval, the County Attorney's Office will file the attached
Joint Motion with the Circuit Court.
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: Funds in the amount of $36.687.50 will be paid from gas taxes and /or
impact fees from Golden Gate Blvd Project 960040. The primary funding source for the
[15 -CA- 1 52/1 1 983 5 5/] 1
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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.
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 and approves the payment of funds as stated herein.
Prepared By: Emily R. Pepin, Assistant County Attorney
Attachments: Joint Motion and Final Judgment
Aerial Photograph depicting part taken
15 -CA- 152/555
(15 -CA- 152/1198355/1]
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.6.
Item Summary: Recommendation to approve a Joint Motion and Final Judgment in the
amount of $90,000 for full compensation, as well as $13,882 in statutory attorney's fees and
expert fees, for Parcel 162RDUE in the lawsuit styled Collier County v. Lee McCaskey a /k /a Leon
McCaskey, et al., Case No. 15 -CA -152 required for roadway and related improvements to
Golden Gate Boulevard, Project No. 60040, and approve the payment of attorney's fees for
supplemental proceedings in an amount not to exceed $5,000. (Fiscal Impact: 36,687.50)
Meeting Date: 9/8/2015
Prepared By
Name: AllenDebbie
Title: Legal Office Administrator, CAO Office Administration
8/13/2015 4:02:57 PM
Submitted by
Title: Assistant County Attorney, CAO Litigation
Name: PepinEmily
8/13/2015 4:02:59 PM
Approved By
Name: TaylorLisa
Title: Management/Budget Analyst, Growth Management Department
Date: 8/14/2015 7:53:20 AM
Name: BoschRobert
Title: Operations Analyst, Senior, Growth Management Department
Date: 8/14/2015 8:35:54 AM
Name: BoschRobert
Title: Operations Analyst, Senior, Growth Management Department
Date: 8/14/2015 10:44:50 AM
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Name: KearnsAllison
Title: Manager Financial & Operational Support, Growth Management Department
Date: 8/14/2015 11:12:41 AM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Growth Management Department
Date: 8/14/2015 12:36:24 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 8/14/2015 1:27:02 PM
Name: WilkisonDavid
Date: 8/14/2015 3:53:41 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/14/2015 4:19:51 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 8/19/2015 8:27:10 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 8/19/2015 4:21:04 PM
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LOCATION MAP - PARCEL 162RDUE
GOLDEN GATE BOULEVARD PROJECT NO. 60040
(Not to scale)
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, apolitical
subdivision of the State of Florida,
Petitioner,
V.
CASE NO. 15 -CA -152
PARCEL NO: 162RDUE
LEE McCASKEY, a/k/a LEON McCASKEY,
ET AL.,
Respondents.
9/8/2015 16.K.6.
JOINT MOTION FOR ENTRY OF A FINAL JUDGMENT FOR PARCEL 162RDUE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, THOMAS R.
JONES, LISA R. JONES, and THOMAS AND LISA JONES HANDYMAN SERVICES, by and
through their undersigned counsel, hereby respectfully move for entry of a Final Judgment as to
Parcel 162RDUE, a clhed hereto as Exhibit "1."
Dated: ;� ( Dated:
(MVREbITH DELCAWESOUIRE
Florida Bar No. 61242
Buchanan, Ingersol & Rooney
501 East Kennedy Boulevard, Suite 1700
Tampa, FL 33602 -5239
(813) 228 -7411 —Telephone
(813) 229 -8313 — Facsimile
meredith.delcamp&bipc.com - Email
ATTORNEY FOR RESPONDENTS:
THOMAS R. JONES & LISA R. JONES
THOMAS AND LISA JONES HANDYMAN
SERVICES
EMILY R. PEPIN, ESQUIRE
Florida Bar No. 92956
ASSISTANT COUNTY ATTORNEY
Collier County Attorney's Office
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 162RDUE
Thomas J. Jones and Lisa R. Jones
c/o Meredith Delcamp, Esquire,
Fred Werdine, Esquire
Buchanan Ingersoll & Rooney, P.C.
P.O. Box 1438
Tampa, Florida 33601
meredith.delcaW(i0ipc.com
fred.werdine@—bij2c.co
Cyndi.dysona,bipc.com
JPMorgan Chase Bank, N.A.
c/o Aaron Hines, Esquire
Phelan Hallinan Diamond & Jones PLLC
2727 West Cypress Creek Road
Fort Lauderdale, FL 33309
FL. Service(a.PhelanHallinan. com
7
EMILY R. PEPIN, ESQUIRE
Thomas and Lisa Jones Handyman Services
c/o Meredith Delcamp, Esquire and
Fred Werdine, Esquire
Buchanan Ingersoll & Rooney, P.C.
P.O. Box 1438
Tampa, Florida 33601
meredith.delcampaabipc.com
fred.werdine(a)bipc.com
Cyndi. dysonna,bipc. com
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA,
Petitioner,
V.
LEE McCASKEY, a/k/a LEON McCASKEY,
ET AL.,
Respondent.
9/8/2015 16.K.6.
CASE NO. 15 -CA -152
PARCEL NO: 162RDUE
FINAL JUDGMENT FOR PARCEL 162RDUE
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents,
THOMAS R. JONES, LISA R. JONES and THOMAS AND LISA JONES HANDYMAN
SERVICES, by and through their undersigned counsel, for entry of a Final Judgment as to Parcel
162RDUE 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, THOMAS R. JONES and LISA R. JONES,
shall recover from Petitioner, COLLIER COUNTY, FLORIDA the total sum of Ninety Thousand
and No /100 Dollars ($90,000.00) inclusive of full compensation, including all damages and
statutory interest, in connection with said parcel, except for attorney's fees and costs; it is further
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ORDERED that Petitioner is entitled to a good faith credit of Seventy-Two Thousand Four
Hundred and No /100 Dollars ($72,400.00), which was deposited into the registry of the Clerk of
the Circuit Court as payment for acquisition of Parcel 162RDUE; it is further
ORDERED that Respondent shall receive as a reasonable attorneys fees in the aggregate sum
of Ten Thousand Four Hundred Sixty One and No /100 Dollars ($10,461.00); it is further
ORDERED that Respondent shall receive as a reasonable expert fees and costs, the aggregate
sum of Three Thousand Four Hundred Twenty-One and No /100 Dollars ($3,421.00) and no
other expert witness fees and costs shall be awarded in connection with this cause as it relates to
Parcel 162RDUE; 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 an additional sum of Seventeen Thousand Six
Hundred and No /100 Dollars ($17,600.00); it is further
ORDERED that within Thirty (30) days from the date of this Order, Petitioner shall pay the
total sum of Thirteen Thousand Eight Hundred Eighty Two and No /100 Dollars ($13,882.00)
to the trust account of Buchanan Ingersoll & Rooney, P.C., c/o Meredith Delcamp, Esquire, Post
Office Box 1438, Tampa, Florida 33601; it is further
ORDERED that except as described herein, no other fees or costs are awarded in this matter; it
is further
ORDERED that this Court reserves jurisdiction for apportionment of those funds on deposit
and to enforce this Final Judgment; it is further
ORDERED that this Court reserves jurisdiction to award Respondent attorney's fees for the
apportionment of funds on deposit, if applicable, in an amount not to exceed $5,000,
2
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preconditioned upon submittal to Petitioner of an invoice depicting that such fees were incurred; it
is further
ORDERED that title to Parcel 162RDUE, 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 5115, Page 2124 of the Public Records of Collier County, Florida is
dismissed as to Parcel 162RDUE; it is further
ORDERED that the Final Judgment will be recorded in the Official Records of Collier County,
Florida.
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
Meredith Delcamp, Esquire
Fred Werdine, Esquire
Aaron Hines, Esquire
Kevin Hendricks, Transportation ROW Acquisition Manager
Clerk office, Accounting
T0:15 -CA- 152;510
3
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N
W E
5
HERNANDEZ
OR 2702/1330
TRACT 73
EXHIBIT
A
PERALTA do ARREDONDO
OR 3512/1161
EAST 105' OF
TRACT 74
JONES
OR 3488/1919
TRACT 74
GOLDEN GATE ESTATES
UNIT 14
PUT BOOK 7 PAGE 74
PROPOSED ROADWAY EAS
PARCEL 162 RDUE
2.625 S0. FT.
V4.1
GATE BOULEVARD (CR 876)
1
TRACT 107
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OR OFFICIAL RECORDS (BOOK /PACE)
PROPOSED ROADWAY, DRAINAGE .UTILITY EASEMENT (RDUE)
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 74
LEGAL DESCRIPTION FOR PARCEL 162 RDUE
A PORTION OF TRACT 74. GOLDEN GATE ESTATES, UNIT 14 AS RECORDED IN PLAT BOOK 7, PAGE 74 OF THE PUBLIC
RECORDS OF COLLIER 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 EAST 105 FEET OF SAID TRACT 7 .
CONTAINING 2,625 SQUARE FEET, MORE OR LESS.
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FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS M0f VAM w"ok/1 711E • DAMM DAB SDK OF
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SKETCH & DL•'SCRII'TLON 017: PROPOSED ROADWAY EASEMENT Rza PARCEL 152 RDUE A i aAT"b1&sa4ws
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JOB NUMBER REVISION I SECTION I TOWNSHIP I RANGE SCALE DATE DRAWN BY FILE NAME SHEET
10217.00,00 0007 3 49 27 1' 80' FEB. 2008 S.R. UN14 SK162 1 OF 1
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