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Agenda 12/08/2015 Item #16K112/8/2015 16.K.1. EXECUTIVE SUMMARY Recommendation to approve a Joint Motion and Final Judgment in the total amount of $45,000.00 for Parcel 139RDUE in the case styled Collier County v Grover C. Woody, III, et al., Case No. 15 -CA -0199, which was condemned for the widening of Golden Gate Boulevard from Wilson to 20th Street E, Project No. 60040. (Fiscal Impact: $17,810.00) OBJECTIVE: To settle full compensation owed for the taking of Parcel 139RDUE required for the construction of road improvements to Golden Gate Boulevard, Project No. 60040, hereinafter referred to as the "Project." CONSIDERATIONS: On July 30, 2015, the County condemned Parcel 139RDUE and deposited a good faith estimate of value in the amount of $27,400 into the Court Registry. Parcel 139RDUE is a 3,460 square foot road right -of -way, drainage and utility easement along the north side of Golden Gate Boulevard taken from the property owned by Marta B. Rivas. See attached aerial. Located within the take are a wooden fence, an electric gate, and several trees for which the County is required to compensate the owner. Through negotiations, the parties agreed to total compensation in the amount of $45,000.00, including payment for the property taken, all improvements, damages, attorney's fees and expert fees. The County will also be responsible for a Clerk's deposit fee in the amount of $170.00, as well as an estimated recording fee of $40.00. The County Attorney's Office and staff recommend approval of this settlement since a better result is not necessarily expected at trial, and the majority of the cost and expense of a jury trial is the condemning authority's burden by law. Upon approval, the County Attorney's Office will file the attached Joint Motion and Final Judgment with the Circuit Court. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Funds in the amount of $17,810.00 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. 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 terms of 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) Proposed Joint Motion and Final Judgment (2) Aerial of Parcel 139RDUE Packet Page -2302- 12/8/2015 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 total amount of $45,000 for Parcel 139RDUE in the case styled Collier County v. Grover C. Woody, III, et al., Case No. 15 -CA -0199, which was condemned for the widening of Golden Gate Boulevard from Wilson to 20th Street E, Project No. 60040. (Fiscal Impact: $17,810) Meeting Date: 12/8/2015 Prepared By Name: AllenDebbie Title: Legal Office Administrator, CAO Office Administration 11/4/2015 2:29:06 PM Submitted by Title: Assistant County Attorney, CAO Litigation Name: PepinEmily 11/4/2015 2:29:08 PM Approved By Name: HendricksKevin Title: Manager - Right of Way, Transportation Engineering & Construction Management Date: 11/4/2015 2:50:04 PM Name: TaylorLisa Title: Management/Budget Analyst, Senior, Capital Construction & Maintenance Budget/Fiscal Date: 11/4/2015 3:40:16 PM Name: AhmadJay Title: Division Director - Transportation Eng, Transportation Engineering & Construction Management Date: 11/5/2015 7:51:22 AM Name: ShueGene Title: Division Director - Operations Support, Growth Management Department Date: 11/9/2015 1:12:11 PM Packet Page -2303- 12/8/2015 16.K.1. Name: KeamsAllison Title: Manager - Financial & Operational Sprt, Capital Construction & Maintenance Budget/Fiscal Date: 11/10/2015 10:46:43 AM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 11/10/2015 3:29:40 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Administration Date: 11/10/2015 4:36:13 PM Name: KlatzkowJeff Title: County Attorney, Date: 11/12/2015 11:49:33 AM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 11/19/2015 11:17:30 AM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 11/20/2015 8:39:27 AM Packet Page -2304- 12/8/2015 16.K.1. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, apolitical subdivision of the State of Florida, Petitioner, Case No. 15 -CA -199 V. PARCEL: 139RDUE GROVER C. WOODY, III, ET AL., Respondents. JOINT MOTION FOR FINAL JUDGMENT Petitioner, COLLIER COUNTY, FLORIDA, _ together with Respondent, MARTA B. RIVAS, by and through their undersigned counsel, hereby respectfully moves for entry of the attached Final Judgment as to Parcel 13 9RDUE attached hereto as Exhibit "1 r Dat �1�% G1, Dated: BEWA Y. PATEL, 8SOUIRE EMILY R. PEPIN, ESQUIRE Florida Bar No. 961670 Florida Bar No. 92956 Bella Y. Patel, P.A. Collier County Attorney's Office 13026 Waterford Run Drive 3299 East Tamiami Trail, Suite 800 Riverview, FL .33569 Naples, FL 34112 Telephone: (813) 643 -2762 Telephone: (239) 252 -8400 Facsimile: (813) 643 -2612 Facsimile: (239) 774 -0225 COUNSEL FOR RESPONDENT COUNSEL FOR PETITIONER MARTA B. RIVAS COLLIER COUNTY Bellapatelpa @aol.com emilypepinncolliergov.izet jenniferbelpediona,collier ov.net nancybradleygeolliergov. net [15-CA-199/1220454/11 Packet Page -2305- 12/8/2015 16.K.1. CERTIFICATE OF SERVICE 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 U.S. mail to parties as indicated on the Service List below on this day of November, 2015. BY: EMILY R. PEPIN, ESQUIRE SERVICE LIST PARCEL 139RDUE Marta B Rivas Wells Fargo Bank, N.A. c/o Bella Y. Patel, Esquire Successor to World Savings Bank and bellapatelpa(a�aoi.com Wachovia Bank c/o Stacey -Ann Saint- Hubert, Esquire Asset Acceptance, LLC Kass Shuler, P.A. c/o Corporation Service Company, Registered eservicelienmonitorekasslaw.com Agent 1201 Hays Street Unknown Tenants Tallahassee, FL 32301 -2525 161 Golden Gate Boulevard E Naples, FL 34120 -9201 15-CA -199/ #767 [I 5-CA- 199/1220454/ 1 ] Packet Page -2306- 12/8/2015 16.K.1. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUITIN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No. 15 -CA -199 V. PARCEL: 139RDUE GROVER C. WOODY, III, ET AL., Respondents. FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its counsel, and Respondent, MARTA B. RIVAS, by and through her counsel, for entry of a Final Judgment as to Parcel 139RDUE 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 that Respondent have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Thirty -Five Thousand and No /100 Dollars ($35,000.00) for Parcel 139RDUE, 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, net costs to cure, improvements, and statutory interest, in connection with said parcel; it is further Exhibit "I" to Joint Motion for Final Judgment [15-CA- 199/1220454/1) Packet Page -2307- 12/8/2015 16.K.1. ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay Ten Thousand and No /100 Dollars ($10,000.00) to Respondents for all attorney's fees, expert fees and costs, and no other attorney's fees or costs shall be awarded in this case; 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 Twenty -Seven Thousand Four Hundred and No /100 Dollars ($27,400.00), as payment for acquisition of Parcel 139RDUE, at which time title to said parcel as described in Exhibit "A" vested in the name of the Petitioner; it is further ORDERED that within thirty (30) days hereof, Petitioner shall deposit an additional sum of Seven Thousand Six Hundred and No /100 Dollars ($7,600.00) into the Court Registry, which funds are subject to apportionment by further order of the Court; it is further ORDERED that within thirty (30) days hereof, Petitioner shall pay the total sum of Ten Thousand and No /100 Dollars ($10,000.00) to Bella Y. Patel, P.A. Trust Account, c/o Bella Y. Patel, Esquire, 13026 Waterford Run Drive, Riverview, Florida 33569 for all attorney's fees and expert fees and costs; it is further ORDERED that this Order disposes of all claims arising out of the taking of Parcel 139RDUE and that have or could have been asserted in this cause; it is further ORDERED that this Court reserves jurisdiction for apportionment for the funds on deposit in the Court Registry ORDERED that road right -of -way, drainage and utility easement interest to Parcel 139RDUE, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner 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 (15 -CA- 199/1220454/1) Packet Page -2308- 12/8/2015 16. K.1. ORDERED that the Notice of Lis Pendens filed in the above - styled cause and recorded in Official Record Book 5117, Page 3940 of the Public Records of Collier County, Florida be dismissed as to Parcel 139RDUE; it is further ORDERED that the Court reserves jurisdiction to enforce the terms of this 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 November, 2015. HONORABLE CYNTHIA A. PIVACEK Circuit Court Judge conformed copies to: Bella Y. Patel, Esq., Counsel for Respondent Marta Rivas, Bellapatelpa(i ,aol.com Emily R. Pepin, Esq., Counsel for Petitioner, emilvpepin a,colliergov.net Stacey -Ann Saint - Hubert, Esq., Counsel for Respondent Dells Fargo Bank, eservicelienmonitor (i�kasslaw.com Respondent Unknown Tenants, 161 Golden Gate Boulevard E., Naples, FL 34120 -9201 Respondent Asset Acceptance, LLC, c/o Corporation Service Co., Registered Agent, 1201 Hays St., Tallahassee, FL 32301 -2525 Kevin Hendricks, Transportation ROW Acquisition Manager, kevinhendricks r(7i colliergov.net Clerk's Office, Accounting [15 -CA- 199/1220454/1] Packet Page -2309- -- 12/8/2015 16. K.1. XHIBIT "A" N PAGE 3 of 19 N l 1 I w o S o � o b RIVAS ANDERSON OR 3462/1700 OR 1278/673 S w $ a 4 TRACT 35 ° TRACT 36 N TRACT 37 GOLDEN- GATE ESTATES UNIT 14 a PLAT BOOK 7 PAGE 74 WEST 150' OF ? TRACT 36 & S I - PROPOSED ROADWAY EASEMENT PARCEL 139 RDUE 1 3.450 SO. FT. 23' / m I j 501 31 ±00 32+00 + 34+00 35 +00 36 +00 GOLDEN GATE BOULEVARD (CR 876) I I t,Q SO. FT, SQUARE FEET OR OFFICIAL RECORDS (BOOK /PAGE) PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) TECM ' ROW f�"71 EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL FS O � 14i� tL_Ld USE OF THE PUBLIC PER PLAT BOOK 7. PAGE 74 LEGAL DESCRIPTION FOR PARCEL 139 RDUE A PORTION OF TRACT 36, GOLDEN CATE 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 23 FEET OF THE SOUTH 73 FEET OF THE WEST 150 FEET OF SAID TRACTT� 36. CONTAINING 3,450 SQUARE FEET, MORE OR LESS. 0 40 4w 100 SKETCH & DESCRIPTION ONLY Ncswa &-WAM P40fESSICK l 3NR4EYM a IAPPDt 7tOWDA RTD3TR.tA N NO. l3Di NOT A BOUNDARY SURVEY scmz; V -00' t � ; FOR. COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS " VAA wmww SNE Oftlf14Y. .+ Rv= DAIRMSM) SIX or A rWW PCOMTERM FF4WE 5*KW S W&fM AND WAPPIM, I GOLDEN GATE CRQL£VARD SKETC$ da DESCR[PTION OF: PROP05ED ROADTiAY EASEMENT RZIRWAlm PARCEL 139 RDUE mawlIlerft*D&v'sui.2tiD COLLIER COUNTY, FLORIDA Wwa,a tb.34I09 Phm (t]O) 1974373 FAX:IW1307-0374 Ls N: am JOB NUMBER I REVISION SECTION 1 TOWNSHIP RANCE SCALE DATE DRAWN BY FILE NAME SHEET - 050217.00.01 00011 REV 01 3 49 27 t" . 80' DEC. 2009 1 R.Y. I SK 139 1 OF T Packet Page -2310- t,Q 12/8/2015 16. K.1. AERIAL PHOTOGRAPH OF RIVAS PROPERTY Packet Page -2311- 12/8/2015 16. K.1. Packet Page -2312-