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Agenda 12/08/2015 Item #16K312/8/2015 16.K.3. EXECUTIVE SUMMARY Recommendation to approve a Joint Motion and Final Judgment in the amount of $11,000.00 for total compensation owed for the taking of Parcel 240RDUE in the case styled Collier County v Octavio M. Alfonso, et al., Case No. 15 -CA -230 required for the widening of Golden Gate Boulevard from Wilson Boulevard to 20th Street E. (Fiscal Impact: $5,320.00, Project 60040) OBJECTIVE: To settle full compensation owed for the taking of Parcel 240RDUE, which is required for the four - laning of Golden Gate Boulevard from Wilson Boulevard to 20th Street East, Project No. 60040 (hereinafter referred to as the "Project "). CONSIDERATIONS: Parcel 240RDUE is a 43' wide road right -of -way, drainage and utility easement along the southern side of Golden Gate Boulevard over a parent tract owned by Jose and Yngrid Richetti. See attached aerial for your reference. On July 30, 2015, Collier County condemned Parcel 240RDUE and deposited a good faith estimate of value of $5,890.00 into the Court Registry. Through negotiations, the parties agreed to full compensation for Parcel 240RDUE in the amount of $11,000.00, which includes compensation for the part taken, all damages to the remainder, all improvements, attorney's fees, experts' fees and costs. If this item is approved, the County will be required to pay an additional $5,110.00 in compensation to the property owner, as well as a $170.00 Clerk's deposit fee and approximately $40.00 in recording fees. The County Attorney's Office and staff recommend approval of this item since a better result is not expected at trial. Upon approval, the County Attorney's Office will file the attached Joint Motion for Final Judgment with the Circuit Court. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Funds in the amount of $5,320.00 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 attached Joint Motion for Final Judgment and authorizes the payment of funds as stated herein. Prepared By: Emily R. Pepin, Assistant County Attorney Attachments: (1) Proposed Joint Motion for Final Judgment (2) Aerial of Parcel 240RDUE [I 5-CA -23 0/ 1222474/ 1 ] Packet Page -2339- 12/8/2015 16.K.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.3. Item Summary: Recommendation to approve a Joint Motion and Final Judgment in the amount of $11,000 for total compensation owed for the taking of Parcel 240RDUE in the case styled Collier County v. Octavio M. Alfonso, et al., Case No. 15 -CA -230 required for the widening of Golden Gate Boulevard from Wilson Boulevard to 20th Street E. (Fiscal Impact: $5,320, Project 60040) Meeting Date: 12/8/2015 Prepared By Name: AllenDebbie Title: Legal Office Administrator, CAO Office Administration 11/16/2015 10:50:47 AM Submitted by Title: Assistant County Attorney, CAO Litigation Name: PepinEmily 11/16/2015 10:50:48 AM Approved By Name: TaylorLisa Title: Management/Budget Analyst, Senior, Capital Construction & Maintenance Budget/Fiscal Date: 11/17/2015 9:05:36 AM Name: KearnsAllison Title: Manager - Financial & Operational Sprt, Capital Construction & Maintenance Budget/Fiscal Date: 11/17/2015 4:37:11 PM Name: ShueGene Title: Division Director - Operations Support, Growth Management Department Date: 11/17/2015 6:03:32 PM Name: AhmadJay Title: Division Director - Transportation Eng, Transportation Engineering & Construction Management Packet Page -2340- Date: 11/20/2015 8:19:30 AM 12/8/2015 16.K.3. Name: HendricksKevin Title: Manager - Right of Way, Transportation Engineering & Construction Management Date: 11/20/2015 2:42:16 PM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 11 /20/2015 3:01:44 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Administration Date: 11/20/2015 3:36:05 PM Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 11/20/2015 3:52:00 PM Name: KlatzkowJeff Title: County Attorney, Date: 11/23/2015 9:24:05 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 11/23/2015 11:18:39 AM Packet Page -2341- 12/8/2015 16.K.3. AERIAL PHOTO OF RICHETTI PROPERTY (ROW PARCEL NO. 240RDUE) Packet Page -2342- 12/8/2015 16.K.3. 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, V. Case No.: 15 -CA -230 OCTAVIO M. ALFONSO, ET AL., PARCEL: 240RDUE Respondents. JOINT MOTION FOR FINAL JUDGMENT Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, together writh Respondents, JOSE A. RICRETTI and YNGRID RICHETTI, hereby respectfully move for entry of the attached Final Judgment as to Parcel 240RDUE attached hereto as Exhibit "1 "% EMILY R. PEPIN, ESQUIRE Florida Bar No. 92956 Collier County Attorney's Office 3299 East Tamiami Trail, Suite 800 Naples, FL 34112 Telephone: (239) 252 -8400 Facsimile: (239) 774 -0225 COUNSEL FOR PETIT1O;N,ER emilypepin .collier gov net ienniferbelpedi'or %collierl;ov net nancvbradley �ucolliergov net DATED: Packet Page -2343- 40�'e�' ' all Jose A. Richetti 1530 Golden Gate Boulevard, East Naples, FL 34120 PRO SE RESPOJNTDEN7' DATED: _ �tl 1s1 \s L Yngrid Richetti 1530 Golden Gate Boulevard, East Naples, FL 34120 PRO SE Ii,ESPUFN'DEh'7' DATED: _Vvov 12/8/2015 16.K.3. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this 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. nz SERVICE LIST EMILY R. PEPIN, ESQUIRE PARCEL 240RDUE Jose A. Richetti and Yngrid Richetti Florida Community Bank, N.A. 1530 Golden Gate Boulevard, East c/o Kenneth Jones, Esquire Naples, FL 34120 kiones..rataw corn sery kcones Navistar Financial Corp. C/o CT Corporation System, Registered ,Agent 1200 S. Pine Island Road Plantation, FL 33324 _ e• u: ralaw corn Midland Funding, LLC c/o Corporation Service Company, Registered Agent 1201 Hays Street 'I'allahassee, FL 32301 -2525 Packet Page -2344- 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, V. OCTAVIO M. ALFONSO, ET AL., Respondents. FINAL JUDGMENT 12/8/2015 16.K.3. Case No.: 15 -CA -230 PARCEL: 240RDUE THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents, JOSE A. RICHETTI and YNGRID RICHETTI, pro se, for entry of a Final Judgment as to Parcel 240RDUE 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 Respondents, JOSE A. RICHETTI and YNGRID RICHETTI, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Eleven Thousand and No /100 Dollars ($11,000.00) for Parcel 240RDUE, 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, statutory interest, attorney's fees, and expert fees and costs in connection with said Parcel; it is further E Packet Page -2345- nt Motion for Final Judgment 12/8/2015 16.K.3. ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good faith estimate of value previously deposited in the amount of Five Thousand Eight Hundred Ninety and No /100 Dollars ($5,890.00), as payment for acquisition of Parcel 240RDUE, 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 the net sum of Five Thousand One Hundred Ten and No /100 Dollars ($5,110.00) into the Court Registry, which funds are subject to apportionment by further order of the Court; it is further ORDERED that this Court reserves jurisdiction for apportionment for the funds on deposit in the Court Registry; it is further ORDERED that this Order disposes of all claims arising out of the taking of Parcel 240RDUE 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 240RDUE, 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 ORDERED that the Notice of Lis Pendens filed in the above- styled cause and recorded in Official Record Book 5118, Page 2139 of the Public Records of Collier County, Florida be dismissed as to Parcel 240RDUE; 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 I Packet Page -2346- nt Motion for Final Judgment 12/8/2015 16.K.3. DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of , 2015. HONORABLE CYNTHIA A. PIVACEK CIRCUIT COURT JUDGE conformed copies to: Emily R. Pepin, Esq., Counsel far Petitioner, emilypel2in(a,collier ov net Jose A. Richetti, Pro Se Respondent, 1530 Golden Gate Boulevard, East, Naples, FL 34120 Yngrid Richetti, Pro Se Respondent, 1530 Golden Gate Boulevard, East, Naples, FL 34120 Kevin Hendricks, Transportation ROW Acquisition Manager, kevinhendricks(�coliiergov net Clerk's Office, Accounting 15-CA-2301768 I Packet Page -2347- nt Motion for Final Judgment w „ 121 +00 F a d TRACT 97 GO10E111 GATE BOULEVARD (CR 676) 123+00 •I 124 +00 1 PROPOSED ROADWAY EASI PARCEL 240 ROUE 7.095 Sts. FT. TRACT 134 GOLDEN GATE ESTATES UNIT 48 PLAT BOOK 15 PAGE 76 EAST t55' OF TRACT 134 OIFABIO & DIFAB10 RICHEM OR 3i8T/750 OR 3583/1358 12/8/2015 16.K.3. TRACT 135— N w" E S. SD, FT, SQUARE FEET OR OFFICIAL RECORDS (BOOK /PAGE) 7ECM pOW PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) FEB ROADWAY EASEMENT E A7RPETUat USE O1HEPUBLG PER PLAT BOOK 5, PAGE 78 LEGAL. DESCRIPTION FOR PARCEL 240 ROUE A PORTION OF TRACT 134, GOLDEN GATE ESTATES, UNIT 48 AS RECORDED IN PLAT BOOK 5, PAGE 78 OF THE PUBLIC RECORDS OF COLLIER wuNTY, FLORIDA, LYING IN SECTION 7, TOWNSHIP 49 SOUTH; RANGE 27 EAa1, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY' DESCR18E0 AS FOLLOWS. THE SOUTH 43 FEET OF THE NORTH 93 FEET OF THE EAST 165 FEET OF SAO TRACT i 4, CONTAINING 7,095 SQUARE FEET. MORE OR LESS, 0 40 ao tao SKETCH ft DESCRIPTION OFtL,X + , nmtl A3 Ia MAPKA NOT A BOUNDARY SURVEY ttcu i.— " Vin"+ FOR: COLLIER COUNTY GOARNMENT BOARD OF COUNTY COMMISSIONERS NOT A ob�1 S 1� sGt, GOLDEN GATE BOULEVARD� $KE7Cit & DESCRIPTION OF: PROPOSED ROADWAY EASE{dBNT PARCEL 940 RDUE fifitO W6av PMt CtM coLisER COUNTY, FdARmA wal�r�, tuAds xtta .61i1N 2 w Phow MM WAVs F+otrtsaR as .O" Lttx,: sw Ja�B r:UMBER REVISION SEGTipM TOWN IP RANGE SCALE PATE -DRAWN SY FILE NAi1E i02i7:St0:Ot 0007 REV 01 2 49 07 . -. — .,. 9 S.D. 5Y, 240. t 4F 1 E Packet Page -2348-at Motion for Final Judgment "All F'�.Ir