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Agenda 06/24/2014 Item #16K16/24/2014 16.K.1. EXECUTIVE SUMMARY Recommendation to approve a Final Judgment in the amount of $1,200 for Parcels 105TCE and 106TCE, along with statutory attorneys' fees, in the lawsuit styled Collier County, Florida v. Modelyne Jean Gilles, et al., Case No. 14 -CA -764 for the Collier Boulevard Expansion Project (Project No. 68056) (Fiscal Impact $1,008). OBJECTIVE: That the Board of County Commissioners approves the Final Judgment for payment of full compensation in the amount of $1,200, for the taking of Parcels 105TCE and 106TCE in the lawsuit styled Collier County, Florida v. Modelyne Jean Gilles, et al., Case No. 14- CA -764 for the Collier Boulevard expansion (Project No. 68056). CONSIDERATIONS: Collier County condemned a total of 1,650 square feet for two temporary construction easements from property owners Annette Pocchi and Pocchi Construction, Inc. The County's appraisals dated December 17, 2013, valued the takings at $285 for each parcel. The County offered each owner $285 as the County's statutory offer on January 24, 2014. An Order of Taking was entered on May 30, 2014 for the stated amounts. Respondents have counteroffered a total of $1,200 for settlement for both parcels. Staff recommends settlement for full compensation in the amount of $1,008, inclusive of attorney's fees and costs. If approved, the County will be responsible for the following costs: Additional offer for both parcels: $ 630 Statutory Attorney's fees and costs: $ 208 Clerk's fees: $ 170 TOTAL: $1,008 The County Attorney's Office and staff strongly recommend this settlement, given the statutory imposed costs of trial (including the County's having to pay for the property owner's expert fees). FISCAL IMPACT: Funds in the amount of $1,008 are available in transportation impact fees and /or gas taxes. Project: Collier Boulevard Extension. The acquisition of this right -of -way will not add any cost to the annual operating and maintenance budget as the easement area will not be maintained before the Project is constructed. Operating and maintenance costs will be considered when the construction contract is brought before the Board for approval. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires a majority vote for approval. -ERP RECOMMENDATION: That the Board of County Commissioners approves a Final Judgment as to Parcels 105TCE and 106TCE, and authorizes payment of the funds as stated. PREPARED BY: Emily R. Pepin, Assistant County Attorney Attached: Stipulated Final Judgment Packet Page -2004- 6/24/2014 16. K.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.1. Item Summary: Recommendation to approve a Final Judgment in the amount of $1,200 for Parcels 105TCE and 106TCE, along with statutory attorneys' fees, in the lawsuit styled Collier County, Florida v. Modelyne Jean Gilles, et al., Case No. 14 -CA -764 for the Collier Boulevard Expansion Project (Project No. 68056) (Fiscal Impact $1,008). Meeting Date: 6/24/2014 Prepared By Name: CrotteauKathynell Title: Legal Secretary, CAO Office Administration 6/5/2014 3:00:34 PM Approved By Name: HendricksKevin Title: Manager - Right of Way, Transportation Engineering & Construction Management Date: 6/5/2014 3:30:34 PM Name: AhmadJay Title: Director - Transportation Engineering, Transportation Engineering & Construction Management Date: 6/9/2014 8:23:17 AM Name: TaylorLisa Title: Management/Budget Analyst, Transportation Administration Date: 6/10/2014 8:20:06 AM Name: KearnsAllison Title: Manager Financial & Operational Support, Transportation Administration Date: 6/10/2014 10:42:42 AM Name: ShueGene Title: Director - Operations Support, Transportation Administration Date: 6/11/2014 11:30:32 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Packet Page -2005- Date: 6/11/201412:41:18 PM 6/24/2014 16.K.1. Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 6/12/2014 4:06:49 PM Name: IsacksonMark Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 6/12/2014 4:40:45 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/12/2014 5:05:58 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 6/16/2014 9:47:12 AM Packet Page -2006- 6/24/2014 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, vs. MODELYNE JEAN GILLES, ET AL., Respondents. Case No.: 14 -CA -764 Parcel Nos: 105TCE & 106TCE JOINT MOTION FOR FINAL JUDGMENT The Parties hereby jointly and respectfully request this Court enter the Final Judgment attached hereto as Exhibit "A ", as to Parcels 105TCE and 106TCE. Dated: 0 - 4 -1 MEREDITH DE CAMP, ESQ IRE Florida Bar No. 16242 BUCHANAN INGERSOLL & ROONEY PC 501 E. Kennedy Boulevard, Suite 1700 Tampa, Florida 33602 meredith.delcamp- bipc.com (813) 222 3337 (o) — Telephone (813) 229 -8313 (Facsimile) ATTORNEY FOR RESPONDENTS ANNETTE POCCHI & POCCHI CONSTRUCTION, INC. Dated: EMILY R. PEPIN, ESQUIRE Florida Bar No.: 92956 COLLIER COUNTY ATTORNEY'S OFFICE 3299 East Tamiami Trail, Suite 800 Naples, Florida 34112 Telephone: (239) 252 -8400 emilypepina colliergov.net kathYnellcrotteauna collier o v.net nancybradleyna,collier og v_net ATTORNEY FOR PETITIONER COLLIER COUNTY, FLORIDA Packet Page -2007- 6/24/2014 16. K.1. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was filed with the Clerk of Court, using the Florida Courts E- Filing Portal, and that a true and correct copy was furnished via Electronic Mail and/or U.S. Mail this day of , 2014 to all parties listed on the attached Service List as indicated. Via Electronic Mail Annette Pocchi c/o Meredith Delcamp, Esq. Buchanan, Ingersoll & Rooney PC 501 E. Kennedy Blvd. Tampa, Florida 33602 meredith.delcamp(a,bipc.com cyndi.dyson ,bipc.com Ira Electronic Mail Pocchi Construction, Inc. c/o Meredith Delcamp, Esq. Buchanan, Ingersoll & Rooney PC 501 E. Kennedy Blvd. Tampa, Florida 33602 meredith.delcamp(a )bipc.com c pdi.dyson fbipc.com EMILY R. PEPIN, ESQUIRE Parcel 105TCE Via Electronic Mail Pocchi Construction, Inc. c/o Meredith Delcamp, Esq. Buchanan, Ingersoll & Rooney PC 501 E. Kennedy Blvd. Tampa, Florida 33602 meredith.delcarnyAbipc.com cyndi.dyson ,bpc.com Parcel 106TCE I"a US Mail Fifth Third Bank, successor to First National Bank of Florida c/o Corporation Service Company 1201 Hayes Street Tallahassee, FL 32301 irk Packet Page -2008- 6/24/2014 16.K.1. EXHIBIT A 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 -764 vs. MODELYNE JEAN GILLES, ET AL., Respondents. Parcel Nos.: 105TCE & 106TCE FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents, ANNETTE POCCHI and POCCHI CONSTRUCTION, INC., and by and through their undersigned counsel for entry of a Final Judgment as to Parcels 105TCE and 106TCE for Project No. 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, 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 have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of One Thousand Two Hundred and No /100 Dollars ($1,200.00) inclusive of full compensation, including severance damages and business damages, statutory interest, and expert fees and costs in connection with said parcels; it is further 1 Packet Page -2009- 6/24/2014 16. K.1. ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit in the amount of Five Hundred Seventy and No /100 Dollars ($570.00), which was deposited into the registry of the Clerk of the Circuit Court toward the acquisition of Parcels 105TCE and 106TCE, at which time title to said parcels as described in Exhibit "A" vested in the name of Petitioner; it is further ORDERED that Respondents, ANNETTE POCCHI and POCCHI CONSTRUCTION, INC., shall receive pursuant to Section 73.092(1) Fla. Stat., as a reasonable attorney's fees and costs, the sum of Two Hundred Eight and No /100 Dollars ($208.00). No other attorney's fees, expert witness fees and costs shall be awarded in connection with this cause as it relates to Parcels 105TCE and 106TCE; it is further ORDERED that within twenty (20) days from the date of this Order, Petitioner shall deposit into the Court Registry an additional sum of Six Hundred Thirty and No /100 Dollars ($630.00) for the benefit of Respondents; it is further ORDERED that within twenty (20) days of this Order, Petitioner shall pay a sum of Two Hundred Eight and No /100 Dollars ($208.00) made payable to BUCHANAN INGERSOLL & ROONEY PC, c/o Meredith Delcamp, Esquire, 501 East Kennedy Boulevard, Suite 1700, Tampa, Florida 33602, for all attorneys fees and costs; it is further ORDERED that title to Parcels 105TCE and 106TCE, 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 May 30, 2014, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that this Court reserves jurisdiction for apportionment and to enforce the terms of this Final Judgment; it is further 2 Packet Page -2010- 6/24/2014 16.K.1. ORDERED that the Notices of Lis Pendens filed in this action and recorded in Official Record Book 5025, Page 3187, of the Public Records of Collier County, Florida be dismissed as to Parcels 105TCE and 106TCE; it is further ORDERED that this Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is further ORDERED that this Order disposes of all claims arising out of the taking of Parcels 105TCE and 106TCE that have or could have been asserted in this cause; it is therefore of DONE AND ORDERED in Chambers at Naples, Collier County, Florida this day 2014. HONORABLE LAUREN L. BRODIE CIRCUIT COURT JUDGE Conformed Copies to: Emily R. Pepin, Esquire Meredith Delcamp, Esquire Fifth Third Bank, NA Kevin Hendricks, Transportation ROW Acquisition Manager Bookkeeping 14- CA- 764/231 3 Packet Page -2011- r` N w E S a i i 660'(P) POCCHI CONSTRUCTION INC OR 2620/1622 GOLDEN GAATE11ESTATES 660'(P) . UNIT 28 PLAT BOOK 7 PAGE 16 SOUTH 165' ATBRACT 117 OR 3242/0271 66q'(P) TRACT 11B an 3m F1. 6/24/2014 16.K.1.� Ea- nsir!i I I 40' I I { 100' WIDE I�'PER PUT TEMPORARY OR — OFFICIAL RECORDS (BOOK /PAGE) CONMUCTMN EASEMEN►T PROPOSED 5' TEMPORARY CONSTRUCTION EASEMENT DURATION / y� EAnu. ® PROPOSED RIGHT QF WAY ® EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PACE 15 LEGAL DESCRIPTION FOR PARCEL 1OSTCE A PORTION OF TRACT 117, GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT 80QI(1�1.� TS Of. 'THE ' PUBLIC RECORDS OF E BEING FLORIDA LYING IN SECTION 15. TOWN$►IIP 4D`�501J3Fj�J r' COLLIER COUNTY, FLORIDA RA EiEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. 'i• THE WEST 5 FEET OF THE EAST. 40 FEET OF THE SOUTH 165 FEET OF SAID CONTAINING 825 SQUARE FEET, MORE OR , TRACT41 c C. 1 LESS o ae A 07 KETCH do DESCRIPTION ONLY 101 A BOUNDARY SURVEY r ' i'..60' nw a�g in %o�i�OR ifs . ' �R COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS �orvun wnnuras awry��pqi� �fy,p�ypp »v . nuw oim rwrmpM� a�lYpp� Yip = 'OLLIER B01TL1lYARl] RW 1CIiTCH k D�CRIPTSON OF: 'ROPOSBD TWOMY CONSTRUCTION sAS811BNT ARM 105TCE . rwrwe.p.aDn�o�eistoo �.4* OI.I.11±I; COUM. FLORIDA sM.. ,y.N Fldd�awtw Packet Page -2012- I 6/24/2014 16. K.1. i W E �( I S TRACT 116 II I� 1 860-(P) tCEL 106 623 3C1. FT. NORTH 183' OF TRACT 117 ' POCCHI WNSIRUCIEON WC I OR 2620/1822 40' CT GOLDENG ATE 1ESTATES PLAT 8001K 7 PACE 15 7 POCCNi OR 3242/0271 I I II I 6 l 8 g OR . OFFICIAL L RECORDS (eooK /PACE) TEMPORARY EASEMENT •EM® PROPOSED 5' TEMPORARY CONSTRUCTION EASEMENT — 3 _ YEARS. PROPOSED RIGHT OF WAY DURATION ® EXISTING RIGHT OF WAY DEDICATED TO THE PERpE1WL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 13 A PORTION Of TRACT 117, GOLDEN GATE ESTA�UNITTN25 FOR AS RECORDED ORDEDB N PLAT B PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, LYING W SEC1K)N 15, TOWNSHIP 46 COWER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE WEST 5 FEET OF THE rM 4O FEET OF THE NORTH 183 FEET OF SAID TRACT 1. CONTAINING 825 SQUARE FEET, MORE OR LESS. KETCH do DESCRIPTION ONLY 6 Tba OT A BOUNDARY SURYEY now OR; COLLIER CAUNtt I terry 1'.00' ym COvD —ENT BDARD OF COUNTY COM415SI ONERS OLi1BR 80UT EVE ` K3TCH do D38CETPTSON or: ROPOS8D 7MLPORARY CONMUC71ON EASMINT . ARCEL 1089'CE o1IM COUN'T'Y, all TLO &1DA _ Packet Page -2013- AE:'1S!OF THE "1.20, EAST;