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Agenda 01/14/2014 Item # 16K2 1/14/2014 16.K.2. EXECUTIVE SUMMARY Recommendation to approve a Final Judgment for the taking of Parcels 110FEE and 110TCE in the lawsuit styled Collier County v. Florida Power & Light Company, et al., Case No. 13-CA-1329 as part of the Collier Boulevard widening project from Golden Gate Boulevard to Green Boulevard (Project No. 68056). Fiscal Impact: $15,470. OBJECTIVE: To settle all claims of compensation by the property owner, Nestor Rodriguez, and mortgagee, Wells Fargo Bank, for the taking of Parcels 110FEE and 110TCE in the lawsuit styled Collier County v. Florida Power & Light Company, et al, Case No. 13-CA-1329, for Project 68056. CONSIDERATIONS: Parcel 110FEE contains 6,300 square feet and Parcel 110TCE contains 750 square feet. The Parcels are required for the construction of improvements to Collier Boulevard from Golden Gate Boulevard to Green Boulevard. In its original offer letter the County offered to purchase the property for $82,200 on June 19, 2008. The Parcels were taken by Order of Taking on July 16, 2013 and subsequent deposit of$66,300 by the County into the Court Registry. The parent tract is a single family residence owned by Nestor Rodriguez. Mr. Rodriguez, along with the mortgagee Wells Fargo Bank, have agreed to enter into a joint motion for final judgment settling all costs owed to Respondents for a total of$81,600 (which includes all expert witness costs and attorney fees to which the owner is entitled under Sections 73.091 and 73.092, F.S.). Staff recommends settlement for full compensation as follows: Additional Compensation Owed: $15,300 Clerk's Fee $ 170 TOTAL: $15,470 FISCAL IMPACT: Funds in the amount of$15,470 are available in impact fees. There are no on-going maintenance or repair costs associated with the acquisition of right-of-way for the project. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the approval of this agenda item. 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 Final Judgment and authorize the payment of funds as stated. Prepared by: Emily R. Pepin, Assistant County Attorney Attachments: Joint Motion for Final Judgment with legal description. Packet Page-1522- 1/14/2014 16.K.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.2. Item Summary: Recommendation to approve a Final Judgment for the taking of Parcels 110FEE and 110TCE in the lawsuit styled Collier County v. Florida Power & Light Company, et al., Case No. 13-CA-1329 as part of the Collier Boulevard widening project from Golden Gate Boulevard to Green Boulevard (Project No. 68056). Fiscal Impact: $15,470. Meeting Date: 1/14/2014 Prepared By Name: NeetVirginia Title: Legal Assistant/Paralegal,County Attorney 12/30/2013 4:45:38 PM Submitted by Title: Assistant County Attorney, CAO Litigation Name: PepinEmily 12/30/2013 4:45:40 PM Approved By Name: BoschRobert Title: Right Of Way Coordinator,Transportation Engineerin Date: 1/2/2014 3:47:45 PM Name: TaylorLisa Title: Management/Budget Analyst,Transportation Administr Date: 1/7/2014 8:16:07 AM Name: AhmadJay Title: Director-Transportation Engineering,Transportation Engineering&Construction Management Date: 1/7/2014 8:36:20 AM Name: ShueGene Date: 1/7/2014 8:54:15 AM Packet Page-1523- 1/14/2014 16.K.2. Name: KearnsAllison Date: 1/7/2014 9:37:14 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 1/7/2014 10:22:13 AM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 1/7/2014 12:18:43 PM Name: KlatzkowJeff Title: County Attorney Date: 1/7/2014 2:21:55 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 1/7/2014 3:16:40 PM Name: OchsLeo Title: County Manager Date: 1/7/2014 3:34:42 PM Packet Page -1524- 1/14/2014 16.K.2. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, Case No.: 13-CA-1329 vs. Parcel Nos.: 110FEE, 110TCE FLORIDA POWER& LIGHT COMPANY; et al., Respondents. STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon the Joint Motion for Entry of Stipulated Final Judgment made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents, NESTOR RODRIGUEZ and WELLS FARGO BANK, N.A., by and through their undersigned counsel, as to Parcels 110FEE and 110TCE for Project 68056, 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 as a result of the taking, and the Court being fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, WELLS FARGO BANK, N.A., have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Eighty-One Thousand, Six Hundred Dollars and No/100 ($81,600.00) for Parcels 110FEE and 110TCE, as full compensation, including severance damages, cost to cure, statutory interest, business damages, and for all other damages in connection with said parcel, including attorneys' fees, expert fees and costs; it is further ORDERED AND ADJUDGED that Respondent, Nestor Rodriguez, shall take nothing by this action and shall go hence without day; it is further Page 1 of 5 4840-3577-6022.1 44547/0140 VMB vb Packet Page -1525- 1/14/2014 16.K.2. ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for good faith estimate of value previously deposited in the amount of Sixty- Six Thousand Three Hundred Dollars and No/100 ($66,300.00) ("the First Deposit"); it is further ORDERED AND ADJUDGED that within thirty (30) days hereof, Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an additional Fifteen Thousand Three Hundred Dollars and No/100 ($15,300.00) ("the Second Deposit") into the court's Registry; it is further ORDERED AND ADJUDGED that the Clerk of the Court is hereby ordered to forthwith disburse the First Deposit payable to Wells Fargo Bank, N.A. and shall, within three (3) days of Petitioner's Second Deposit, disburse the Second Deposit payable to Wells Fargo Bank, N.A. Both the First and Second Deposits shall be delivered to Victoria M. Beatty, Esq., Broad and Cassel, 100 SE 31-d Avenue, Fort Lauderdale, Florida 33394. ORDERED AND ADJUDGED that title to Parcels 110FEE and 110TCE, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated July 16, 2013, and the deposit of money heretofore made is approved,ratified, and confirmed; it is further ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 4914, Page 3409, et.seq., of the Public Records of Collier County, Florida be dismissed as to Parcels 110FEE and 110TCE; it is further ORDERED AND ADJUDGED that the Court reserves jurisdiction to enforce the terms of this Stipulated Final Judgment; it is further ORDERED AND ADJUDGED that each party is to bear its own attorneys' fees and costs; it is further Page 2 of 5 Packet Page -1526- 1/14/2014 16.K.2. r ORDERED AND ADJUDGED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of , 2013. HONORABLE,FREDFRICK R HARDT CIRCUIT COURT JUDGE pi✓fl-t'.� �. Conformed copies to: Emily R. Pepin,Esquire Christopher Perez-Gurri,Esquire Victoria M. Beatty,Esquire Kali Campbell, Esq. Unknown Tenants Brenda C.Garretson, Esquire Kevin Hendricks,Acquisition Mgr./Transportation Bookkeeping Page 3 of 5 Packet Page -1527- 1/14/2014 16.K.2. JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, NESTOR RODRIGUEZ and WELLS FARGO BANK, N.A., hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcels 110FEE and 110TCE. III CHRISTOPHER PEREZ-GURRI, ESQUIRE EMILY R. PEPIN, ESQUIRE Florida Bar No. 31405 Florida Bar No. 92956 GPG Law ASSISTANT COUNTY ATTORNEY 3901 South Ocean Drive, Suite 11D Harmon Turner Building Hollywood, FL 33019 3299 East Tamiami Trail-Suite 800 (954) 533-5530- Telephone Naples, Florida 34112 (954) 374-6588-Facsimile (239) 774-8400 - Telephone service(✓apglawfirm.com (239) 252-6300—Facsimile chris@gpglawfirm.com emilypepinncolliergov.net ATTORNEY FOR RESPONDENT ATTORNEY FOR PETITIONER NESTOR RO)RIGUEZ COLLIER COUNTY Dated: II G (3 Dated: VICTORI T BEATTY :QUIRE Florida Bar No. Broad and Cassel 100 S.E. 3rd Avenue-Suite 2700 One Financial Plaza Fort Lauderdale, Florida 33394 (954) 764-7060-Telephone (954) 713-0967-Facsimile vbeattyn.broadandcassel.com jrollins@broadandcassel.com ATTORNEY FOR RESPONDENT WELLS FAR ANK,N.A. Dated: /i 5- /3 13-1329-CA/244 Page4of4 Packet Page -1528- - 1/14/2014 16.K.2. 'I _ . .. ._ a 1 B N I Rw _I, E I ) R ) . 7 S TRACT 114 • I 8t 550'(P)400 11w00 1I'fIt.AVE W� i , P_',. -_ ..F�{— _ 1—.4.....—. "'F 1 t B a0'NIDE PER PLAT ;VW I ` •( 40 35' 9t PROPOSED RIGHT OF WAY I1∎�40 ,, Y MM. 110FEE i Now tar or TRACT Its PROPOSED TEMPORARY P1 4 Ag I at woman communal EASDIDOT p49.1� TRACT 115 5 H', i 660'(P) GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 Q OR 4254 4055 h I I I ; A �I 1 I 61901P) II I . • OR - OFFICIAL RECORDS (BOOK/PAGE) ® PROPOSED RIGHT OF WAY FEE SIMPLE ® DOSTNO RIGHT OF WAY DEDICATED TO THE PERPETUAL USE INTEREST OF THE PUBLIC PER PLAT BOOK 7, PAGE 15 "••��PI LEGAL OESCRIPTION FOR PARCEL 110FEE • A PORTION OF TRACT 115, GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE 1 PUBUC RECORDS OF COWER COUNTY, FLORIDA. LYING IN SECTION 15, TOWNSHIP 49 SOUTH RANGE 25-EAST, COWER COUNTY, FLORIDA BEING MORE PAFFRCULARLY DESCRIBED AS FOLLOWS. THE EAST 35 FEET OF THE NORTH 150 FEET OF SAID TRACT 115. • • � f CONTAINING 6,300 SQUARE FEET. MORE OR LESS. ; • �./ 0 K J1 M / "!( SKETCH & DESCRIPTION ONLY 1O"n• '�'�"100"•NOT A BOUNDARY SURVEY WAS I•.,�p Me+�rfao+aC b an MINK FOlt COLLIER COUNTY GOYERPOIDIT BOARD Cr COUNTY COAS SI0ND6 S a aI�M4RZIC W BKBTCH H D5SORRD �i iNAc t BlaTCH & DISBQI>Pl[ON OT�k PROPOSED 8IC8T OP PLY "ft PARCEL EWES EXHIBIT COLLIER COUNTY, FLORIDA .n....wao.S1106 uAr:1M 030106.02.0000 00061' "I 15 "' 49 IONGE 26 11•a L 24-07 I OMEN M I ILIA TLS 19FTF I 1 *war I I A \ aF Packet Page -1529- -... . 1/14/2014 16.K.2. t 4 1 IN + • p i 9 W E • . S TRACT 114 A 1. L�ti00 2ODOD 27400 2N00 660'(P) 11TH AVE. S.W. i , I----1- — -f-•--+-- -- I�— -+GO'.MU PER PLAT 1 '�.:.'I . Ar 4 ! , iI PROPOSED TEMPORARY CONSTRUCTION rASOAENT ,.14 PARCp. 11010E q■•• // NORM 1 115 Teo s0.IS `�:.::� RODRIGUEZ OR 4016/3635 ���4).�TRACT t15 5' ke 4 AP;� 4 1. -GOLDEN GATE ESTATES 550'(P) UNIT 26 R PLAT BOOK 7 PAGE 1s . i I GONZALEZ OR 4254/4055 I, , I 11 1 I g l GBQ'(P) 1 1 I t • p(�,�`�T�E�/MPPOuRARY OR - OFFICIAL RECORDS 4100K/PAGE) •• CT ION ® PROPOSED s• TUAPORARY CONSTRUCitOH E'AS9AENT DURATION .? fig,. ��j� PROPOSED RIGHT OF WAY v ^ OTHE PUBLIC PER PLAT BOOK 7, PAGEE1PERPETtML USE 5 j LEGAL DESCRIPTION FOR PARCEL 1.1010E • A PORTDN OF TRACT 113, GOLDEN GATE EiTATES. um 25 AS RECORDED N RAT 000k 7, PAGE t5 OF THE PUBLIC RECORDS OF COLUER COUNTY,FLOWOti LYR C N SECTION 15,TORNS141P 45 SOON RANGE 25 EAST.COLLIER COUNTY, RORIDA REIM MORE I PARTICULARLY DESCRBED AS FOLLOWS, LESS AND 5�;OF TIE FAST 40 FEET OF THE NORTH 150 FEET OF SAID TRACT 115. • :. _ ,• THE NMRH 30 FEET OF SAE TRACT 113 (THAT PART BEND AN pOSTNO ROADWAY EM ERT PER I• 'if COWIANNG 750 SOUARE FEET.YORE DR LESS, r• ,"' pf a • D 4o M RD ft 1 SKETCH k DESCRIPTION ONLY �' e" NOT A BOUNDARY SURVEY seat Ci.eo Nw FOR: COLLET COUNTY COYER►SENT BOARD OF GOUNIY OOWt1SSONER5 —'af ' sCOUZE k D1ESLORD Or. maw EXHIBIT PROPOBRD TS LPORLRY CONSTRUCTION !L MOM wNrr.ra-w.er PARCEL 11010E RMTMNAyq (OTHER COUNTY.noRMA 7rncltalroaRe O>N�aie A ' JOB MAHER REASON SUCROH FTOWNSHP TWICE i•SOME 16- -07 � UL26 NAME CE 1 S 10'� 0501015.07.00 00051 i.a2 15 49 26 1 Packet Page -1530-