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Agenda 11/10/2015 Item #16K1 11/10/2015 16.K.1 . EXECUTIVE SUMMARY Recommendation to approve a Joint Motion and Final Judgment in the amount of $9,000 for Parcel 217RDUE in the case styled Collier County v. Eva Baldrich, et al., Case No. 14- CA-2701, now pending in the Twentieth Judicial Circuit, Collier County, required for the widening of Golden Gate Boulevard (Project No. 60040). (Fiscal Impact: $7,627) OBJECTIVE: To settle the amount of full compensation for the taking of Parcel 217RDUE condemned for improvements to Golden Gate Boulevard, Project No. 60040, hereinafter referred to as the"Project." CONSIDERATIONS: On July 9, 2015, Collier County condemned Parcel 217RDUE and deposited $1,400.00 into the Court Registry as a good faith estimate of value pursuant to an Order of Taking in the case styled Collier County v. Eva Baldrich, et al., Case No. 14-CA-2701. Parcel 217RDUE is required for the construction of the Project and is a 3,750 square foot roadway, drainage and utility easement on the north side of Golden Gate Boulevard over a tract of land owned by the Estate of Joann Feinstein. See attached aerial. Through negotiation, the parties agreed to total compensation in the amount of$9,000.00. If approved, the County will be required to pay an additional $7,600.00, plus $27.00 to cover the cost of recording the Final Judgment in the Clerk's Official Records. The County Attorney's Office and Staff recommend approval of this Joint Motion and Final Judgment since a better result is not anticipated 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 of $7,627.00 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.—JAB RECOMMENDATION: That the Board of County Commissioners approves the attached Joint Motion and Final Judgment and authorizes the payment of funds as stated herein. Prepared By: Jennifer A. Belpedio, Assistant County Attorney Attachments: (1) Joint Motion and Final Judgment; (2) Aerial of Parcel 217RDUE 14-CA-2701/#561 [14-CA-2701/1215875/1] Packet Page-1717- 11/10/2015 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$9,000 for Parcel 217RDUE in the case styled Collier County v. Eva Baldrich, et al., Case No. 14-CA-2701, now pending in the Twentieth Judicial Circuit, Collier County, required for the widening of Golden Gate Boulevard (Project No. 60040). (Fiscal Impact: $7,627) Meeting Date: 11/10/2015 Prepared By Name: AllenDebbie Title:Legal Office Administrator, CAO Office Administration 10/26/2015 10:39:06 AM Submitted by Title: Assistant County Attorney, CAO General Services Name: BelpedioJennifer 10/26/2015 10:39:07 AM Approved By Name: HendricksKevin Title: Manager-Right of Way, Transportation Engineering&Construction Management Date: 10/26/2015 11:38:02 AM Name: TaylorLisa Title:Management/Budget Analyst, Senior, Capital Construction&Maintenance Budget/Fiscal Date: 10/26/2015 12:27:05 PM Name: ShueGene Title:Division Director-Operations Support, Growth Management Department Date: 10/26/2015 2:38:54 PM Name: KearnsAllison Title:Manager-Financial &Operational Sprt, Capital Construction&Maintenance Budget/Fiscal Date: 10/27/2015 11:50:17 AM Packet Page-1718- 11/10/2015 16.K.1 . Name: AhmadJay Title: Division Director-Transportation Eng, Transportation Engineering& Construction Management Date: 10/28/2015 9:48:11 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 10/28/2015 10:19:05 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Administration Date: 10/29/2015 7:18:52 AM Name: KlatzkowJeff Title: County Attorney, Date: 10/29/2015 9:46:54 AM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 11/2/2015 10:28:48 AM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 11/2/2015 1:18:56 PM Packet Page-1719- 11/10/2015 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, Case No. 14-CA-2701 v. EVA BALDRICH, ET AL Parcel: 217RDUE Respondents. JOINT MOTION FOR FINAL JUDGMENT Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, Estate of Joann Feinstein, by and through their undersigned counsel, hereby respectfully move for entry of the attached Final udgm t as to Parcel 217RDUE attached hereto as Exhibit"1". Dated: to der/13, 2015 Dated: fir • .r; W G. DIAZ/ JENNIFER A. BELPEDIO Florida Bar No 974'196 Florida Bar No. 186030 Gaylord Merlin'Ludovici & Diaz Collier County Attorney's Office 5001 West Cypress Street 3299 East Tamiami Trail, Suite 800 Tampa,Florida 33607 Naples,FL 34112 Ph: 813-221-9000 (239)252-8400- Telephone Fax: 813-221-9030 (239) 774-0225 - Facsimile COUNSEL FOR RESPONDENT, COUNSEL FOR PETITIONER Estate of Joann Feinstein jenniferbelpedio(a@colliergov.net adiaz@,gaylordmerlin.com emilypepin @colliergov.net sherimalcolm @colliergov.net Packet Page -1720- 11/10/2015 16.K.1. I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Final Judgment was electronically filed with the Florida Courts E-Filing Portal which will send a notice of electronic filing to parties appearing via electronically, and by US mail to all parties as indicated on the Service List below on this day of ,2015. BY: JENNIFER A. BELPEDIO,ESQUIRE SERVICE LIST Parcel 217RDUE Estate of JoAnn Feinstein c/o Andrew Diaz,Esq. Gaylord, Merlin, Ludovici &Diaz 5001 West Cypress Street Tampa, FL 33607 adiaz(a)gaylordmerlin.com via electronic mail [14-CA-2701/1215843/1] Packet Page-1721- 11/10/2015 16.K.1 . COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No. 14-CA-2701 v. EVA BALDRICH, ET AL Parcel: 217RDUE Respondents. FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent, Estate of Joann Feinstein, by and through their undersigned counsel, for entry of a Final Judgment as to Parcel 217RDUE 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 is the full compensation due the 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 total sum of $9,000.00 for Parcel 217RDUE, as full payment for the property interest taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other damages, improvements, statutory interest, attorney's fees, and expert fees and costs in connection with said parcel;it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good faith estimate of value previously deposited in the amount of $1,400.00 as payment for acquisition of Parcel 217RDUE, at which time title to said parcel as described in Exhibit "A" vested in the name of the Petitioner; it is further EXHIBIT [14-CA-2701/1215843/1] Packet Page-1722- 11/10/2015 16.K.1. ORDERED that within thirty (30) days hereof, Petitioner shall pay the total sum of $7,600.00 to Gaylord Merlin Ludovici & Diaz Trust Account do Andrew Diaz, Esq., 5001 West Cypress Street Tampa, Florida 33607, in additional funds over the amount previously deposited into the Court Registry; it is further ORDERED that this Order disposes of all claims arising out of the taking of Parcel 217RDUE and that have or could have been asserted in this cause; it is further ORDERED that right-of-way, drainage and utility easement interest to Parcel 217RDUE being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner 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 Record Book 5104, Page 3649 of the Public Records of Collier County, Florida be dismissed as to Parcel 217RDUE, it is further ORDERED that the Court reserves jurisdiction to enforce the terms of this Stipulated Final Judgment; it is further ORDERED that this Final Judgment is to be recorded in the Official Records of Collier County,Florida; it is further DONE AND ORDERED in Chambers at Naples, Collier County, Florida,this day of ,20+ HONORABLE SHENKO CIRCUIT COURT JUDGE conformed copies to: Jennifer A. Belpedio, Esq. Andrew G. Diaz, Esq. Kevin Hendricks, Transportation ROW Acquisition Manager Clerk's Office, Accounting [14-CA-2701/1215843/1] Packet Page-1723- 11/10/2015 16.K.1 . I � 1 WEST 150' OF TEJEDA TRACT 74 OR 1366/51 FEINSTEIN OR 241/609 TRACT 73 TRACT 74 TRACT 107 GOLDEN GATE ESTATES UNIT 49 PLAT BOOK 5 PAGE 80 N ' • W E S PROPOSED ROADWAY EASEMENT PARCEL 217 ROUE 3.750 50. Ff. 25' 105+00 //50' 104+00 i1 pC'4 e, 107+00 108+00 109+00 �/�;' GOLDEN GATE BOULEVARD (CR 876) OR OFFICIAL RECORDS (BOOK/PAGE) E.7.73 PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE) -1 EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL I I USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 80 LEGAL DESCRIPTION FOR PARCEL 217 RDUE A PORTION RECORDS OOCOLLLIER GOLDEN GATE ESTATES, LYING IN SECTION AS 2, TOWNSHIP D49 SOUTH, RANGE PAGE BO OF THE PUBLIC EAST, COLLIER COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE NORTH 25 FEET OF THE SOUTH 75 FEET OF THE WEST 150 FEET OF SAID TRACT 4. CONTAINING 3,750 SQUARE FEET. MORE OR LESS. 0 40 60 180 er: A.MM. SURVEYOR r WPM SKETCH do DESCRIPTION ONLY �6m�00R�E� ROW,RECb1R�Ty1p{ '�' NOT A BOUNDARY SURVEY SCAM 1'-80' Sr�NM (//jryp NOT v410 M1ICH'THE MGM. r ta=MOOED SK or FOR COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FIDRICIA REOrs'ERt11 NM YAPPER. TA DC GOLDEN GATE BOULEVARD wring vbalkoako SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT 3�Me4V 4>' 't PARCEL 217 RDUE 0610 OIOMI PM p1Na Ws 000 Nagla.FkrM034100 COLLIER COUNTY, FLORIDA 111[44:(239)4974070 FAX:I251115n40571 1 LO NP.:6002 JOB NUMBER 050217 00 00 0007) REVISION I SECTION'TOWNSHIP I RANGE I 1.SCALE FEB. 2008 I DRAWN S.D.L. I UN 9 NAME 17 1 OF SHEET EXHIBIT Packet Page-1724- A 11/10/2015 16.K.1 . I 1"7?� ' �' m e r‘•:11..4.1,i � ,, - . . `3# rp' •1",,•,,, r' t om.., F7 f ¢ A 7 333 xe. MI`s '► *, '44°17bt`'4. 'z ru ry ' AERIAL VIE W OF SUBJECT Packet Page-1725-