Agenda 06/24/2014 Item #16K46/24/2014 16.K.4.
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Order of Taking and Final Judgment in the amount
of $5,300 for Parcel 156TCE in the lawsuit styled Collier County, Florida v. Robert E. Williams,
Tr., et al., Case No. 14 -CA -816 for the Collier Boulevard expansion (Project No. 68056).
(Fiscal Impact $5,470)
OBJECTIVE: That the Board of County Commissioners approves a Stipulated Order of Taking
and Final Judgment for payment of full compensation in the amount of $4,625, for the taking of
Parcel 156TCE in the lawsuit styled Collier County, Florida v. Robert E. Williams, Tr., et al., Case
No. 14 -CA -816 for the Collier Boulevard expansion (Project No. 68056).
CONSIDERATIONS: Collier County is seeking to condemn 3,301 square feet for a temporary
construction easement from property owner Robert E. Williams, Tr. The County's appraisal dated
May 13, 2014, valued the taking at $1,140. The parties agreed to a total of $4,300 for the taking,
which includes negotiated compensation for the County's temporary use of Mr. Williams' property
for the storage of construction equipment, and $1,000 in attorney's fees.
If approved, the County will be responsible for the following costs:
Full Compensation: $4,300
Attorney's fees and costs: $1,000
Clerk's fees: $ 170
TOTAL $5,470
Considering the cost of trial, the County Attorney's Office and Staff are recommending this
settlement as the best possible outcome. Once approved by the Board, the Stipulated Order of
Taking and Final Judgment will be presented to the Judge at an Order of Taking to be held June 27,
2014. Upon deposit of the funds as stated, the property will then vest in the County.
FISCAL IMPACT: Funds in the amount of $5,470 are available in impact fees and /or gas taxes.
Project: Collier Boulevard Expansion. 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 Stipulated Order
of Taking and Final Judgment as to 156TCE and authorize payment of the funds as stated.
PREPARED BY: Emily R. Pepin, Assistant County Attorney
Attached: Stipulated Order of Taking and Final Judgment
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6/24/2014 16.K.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.4.
Item Summary: Recommendation to approve a Stipulated Order of Taking and Final
Judgment in the amount of $5,300 for Parcel 156TCE in the lawsuit styled Collier County,
Florida v. Robert E. Williams, Tr., et al., Case No. 14 -CA -816 for the Collier Boulevard expansion
(Project No. 68056). (Fiscal Impact $5,470)
Meeting Date: 6/24/2014
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, CAO Office Administration
6/12/2014 4:59:12 PM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way, Transportation Engineering & Construction Management
Date: 6/13/2014 9:54:50 AM
Name: AhmadJay
Title: Director - Transportation Engineering, Transportation Engineering & Construction Management
Date: 6/16/2014 10:54:40 AM
Name: ShueGene
Title: Director - Operations Support, Transportation Administration
Date: 6/16/2014 3:39:49 PM
Name: TaylorLisa
Title: Management/Budget Analyst, Transportation Administration
Date: 6/16/2014 4:01:42 PM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Transportation Administration
Date: 6/16/2014 4:27:56 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
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Date: 6/16/2014 4:39:43 PM
6/24/2014 16.K.4.
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 6/16/2014 5:00:44 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/17/2014 8:19:20 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 6/17/2014 9:27:12 AM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 6/17/2014 10:40:57 AM
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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. 14 -CA -816
PARCEL NO: 156TCE
ROBERT E. WILLIAMS, TR., ET AL.,
Respondents.
JOINT MOTION FOR ENTRY OF A STIPULATED ORDER OF TAKING AND
FINAL JUDGMENT FOR PARCEL 156TCE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, ROBERT E.
WILLIAMS, TR., hereby respectfully move for entry of a Stipulated Order of Taking and Final
Judgment as to Parcel 156TCE, attached hereto as Exhibit "A."
Dated: �) "1 r 1
RICHARD D. YOVANOVICH, ESQUIRE
4001 Tamiami Trail N., Suite 300
Naples, FL 34103
Florida Bar No.:782599
(239) 435 -3535 - Telephone
(239) 435 -1218 — Facsimile
ryovanovich .gyklawfim.com - Email
ATTORNEY FOR RESPONDENT:
ROBERT E. WILLIAMS, TR.
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Dated:
EMILY R. PEPIN, ESQUIRE
Florida Bar No. 92956
ASSISTANT COUNTY ATTORNEY
Harmon Turner Building
3299 East Tamiami Trail -Ste. 800
Naples, Florida 34112
(239) 252 -8400 - Telephone
(239) 252 -6300 - Facsimile
ATTORNEY FOR PETITIONER
COLLIER COUNTY, FLORIDA
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Notice was
electronically filed with the Florida Courts E- Filing Portal which will send a notice of electronic
filing to parties appearing via electronically as indicated on the Service List below on this
day of , 2014.
Robert E. Williams, Tr.
c/o Richard Yovanovich, Esq.
4001 Tamiaini Trail N., Suite 300
Naples, FL 34103
rvovanovich(a»cvkla«Tfirm.com
via email
SERVICE LIST
Parcel 156TCE
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EMILY R. PEPIN, ESQUIRE
6/24/2014 16.K.4.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA,
Petitioner,
LIFO
ROBERT E. WILLIAMS, TR., ET AL.,
Respondent.
CASE NO. 14 -CA -816
PARCEL NO: 156TCE
STIPULATED ORDER OF TAKING
AND FINAL JUDGMENT FOR PARCEL 156TCE
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent,
ROBERT E. WILLIAMS, TR., by and through his undersigned counsel, for entry of a Stipulated
Order of Taking and Final Judgment as to Parcel 156TCE for Project No. 68056, and it appearing
to the Court that proper notice was given to the parties having any equity, lien, title or other interest
in or to the real property described therein, and the Court being otherwise fully advised in the
premises thereof, it is thereupon
ORDERED AND ADJUDGED that:
1. The Court has jurisdiction of this cause, the parties hereto and the subject matter
hereof.
2. The pleadings in this cause are sufficient and the Petitioner is properly exercising its
delegated authority.
3. The property described herein as Parcel 156TCE is being acquired for a public
purpose and is reasonably necessary to serve this public purpose.
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4. The Declaration of Taking and Estimate of Value filed in this cause by the Petitioner
was made in good faith and based on a valid appraisal.
5. Respondent, ROBERT E. WILLIAMS, TR., shall recover from Petitioner,
COLLIER COUNTY, FLORIDA the total sum of Four Thousand Three Hundred and No /100
Dollars ($4,300.00) inclusive of full compensation, including damages and statutory interests, in
connection with said parcel, except for attorney's fees and costs.
6. The sum mentioned in Paragraph 5 above shall also be full compensation for the
e �.- r
temporary use of Owner's lands adjacent to Immokalee Road in Section 27, Township 47 South,
Range 27 East, Collier County, Florida, and Respondent hereby waives all current and future claims
for compensation for such use by the County.
7. Respondent, ROBERT E. WILLIAMS, TR., shall receive as a reasonable attorney's
fee, expert fees, expert witness fees and costs, the sum of One Thousand and No /100 ($1,000.00).
No other attorney's fees, expert witness fees and costs shall be awarded in connection with this
cause as it relates to Parcel 156TCE.
8. Within twenty (20) days from the date of this Order, Petitioner shall deposit into the
Court Registry the aggregate sum of Four Thousand Three Hundred and No /100 Dollars
($4,300.00). Upon the payment of deposit into the Registry of this Court, the right, title and interest
described in Exhibit "A," attached hereto and made a part hereof by reference shall vest in
Petitioner.
9. Upon deposit, as set forth above, and without further notice of this Court, the
Petitioner shall be entitled to possession of the property described in Exhibit "A" which possession
shall commence on January 1, 2015 and terminate on January 1, 2017.
10. Immediately upon deposit made pursuant to Paragraph 8 above, the Clerk shall
disburse the sum of Four Thousand Three Hundred and No /100 Dollars ($4,300.00) to
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COLEMAN, YOVANOVICH & KOESTER, P.A. Trust Account, c/o Richard D. Yovanovich,
Esquire, 4001 Tamiami Trail N., Suite 300, Naples, FL 34103.
11. Within twenty (20) days of this Order, Petitioner shall pay a sum of One Thousand
and No /100 Dollars ($1,000.00), made payable to COLEMAN, YOVANOVICH & KOESTER,
P.A. Trust Account, c/o Richard D. Yovanovich, Esquire, 4001 Tamiami Trail N., Suite 300,
Naples, FL 34103, for attorney's fees, expert fees and costs in accordance herewith.
12. The Notice of Lis Pendens filed in the above - styled cause and recorded in Official
Records Book 5025, Page 3177 of the Public Records of Collier County, Florida is dismissed as to
Parcel 155TCE.
13. The Stipulated Order of Taking and Final Judgment will be recorded in the Official
Records of Collier County, Florida.
14. This Court reserves jurisdiction to enforce this Order and Final Judgment.
IT IS THEREFORE, DONE AND ORDERED in Chambers in Naples, Florida this day
of June, 2014.
HONORABLE FREDERICK R. HARDT
CIRCUIT COURT JUDGE
Conformed copies to:
Emily R. Pepin, Esquire
Richard E. Yovanovich, Esquire
Kevin Hendricks, Transportation ROW Acquisition Manager
Clerk office, Accounting
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OR 2598/2491 40' / .
1D ' WIDE 100' WIDE
PER PLAT PER PLAT
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q TRACTS 116 & 117
GOLDEN GATE ESTATES L
UNIT 1
PLAT BOOK 4, PAGE 73
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PROPOSED TEMPORARY `
CONSTRUCTION EASEMENT
PARCEL 156TCE �/
3.301 SO, FT.
WILLIAMS
a OR 1290/1985
a
OR OFFICIAL RECORDS (BOOK /PAGE) EM�I11`iRa
PROPOSED 5' TEMPORARY CONSTRUCTION EASEMENT CDNSTRUCTfON EASEMENT
!. PROPOSED RIGHT OF WAY OF EXIST IN P IIBLF T PER Y DE800KED4, TO T E73 PERPETUAL USE DURA -nON 2- I YEARS.
LEGAL DESCRIPTION FOR PARCEL 156TCE
A PORTION OF TRACTS 116 AND 117, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT'I300K 4, PAGE 73 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 59, TH. RANGE 26 EAST,
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE WEST 5 FEET OF THE EAST 40 FEET OF SAID TRACTS 116 AND 117.
CONTAINING 3,301 SQUARE FEET, MORE OR LESS.
I
0 40 80 d00 BY: s _
SKETCH &DESCRIPTION ONLY MICHAEL A. WARD, ROFESSIONAL LAND SURVMR
FLORIDA REG6IRAT10 OERTIFICAIE N0. 5707
NOT A BOUNDARY SURVEY SCALE: I' -80' SIGNINC DATE
FOR: COWER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VAUD wrtxOUr THE ORIMNAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
COLLIER DOULEVARD���� vtW.)vn®
SKETCH &DESCRIPTION OF: I�
PROPOSED TEMPORARY CONSTRUCTION EASEMENT i TT l >
PARCEL 156TCE 6610wAOwPwk00mSwm200 ,
Naplae. Fkrida 94109
COLLIER COUNTY, FLORIDA Phma:(239) 5974575 FAX: (239) 597.0878
LB No.: 8952 -
JOB NUMBER I REVISION I SECTION I TOWN5HIP I RANGE SCALE DATE DM77—BY—F FILE SHEET
050106.02.00 0006 REV #3 10 49 1 a a i7 S.D:L. I SK156TCE 1 : OF 1
Parlrt Paa _7(1dQ_