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Agenda 10/14/2014 Item # 16K2 10/14/2014 16.K.2. EXECUTIVE SUMMARY Recommendation to approve a Joint Motion and Final Judgment as to Respondent, Commercial Properties Southwest, Inc.'s interest in the taking of Parcel 113FEE in the case styled Collier County v. New Plan Florida Holdings, LLC for the improvements to the intersection of Collier Boulevard (C.R. 951) and US 41 (Project No. 60116). (Fiscal Impact: $7,500.) OBJECTIVE: To settle the lawsuit styled Collier County v. New Plan Florida Holdings, LLC, et al, as to Commercial Properties Southwest, Inc.'s interest in Parcel 113FEE and eliminate exposure to further costs arising out of extended litigation. CONSIDERATIONS: Parcel 113FEE was taken by Collier County for the purpose of constructing at-grade improvements to the intersection of US-41 and Collier Boulevard. The parent tract property is a shopping center known as Freedom Square owned by New Plan Florida, Holdings, LLC. Commercial Properties Southwest. Inc. is the holder of a reciprocal access easement over New Plan Florida Holdings' shopping center property from which Parcel 113FEE was taken. As such, Commercial Properties Southwest, Inc. had to be served as a party respondent in the eminent domain lawsuit styled Collier County v. New Plan Florida Holdings, LLC, et al, and was therefore entitled to hire counsel and expert witnesses for the purpose of exercising their right to make an apportionment claim on the proceeds from the County's deposit. Commercial Properties Southwest, Inc. has agreed to resolve their entitlement to apportionment for the total sum of$7.500 inclusive of attorney fees and expert witness costs. FISCAL IMPACT: Funds in the amount of$7,500 are available in Project No. 60116. 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. GROWTH MANAGEMENT IMPACT: There is no growth management impart 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 of Collier County, Florida, approves entry of the attached Joint Motion and Final Judgment with the Circuit Court. Prepared by: Emily R. Pepin, Assistant County Attorney Attachments: (I) Joint Motion and Final Judgment with sketch exhibit Packet Page -1796- 10/14/2014 16.K.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.2. Item Summary: Recommendation to approve a Joint Motion and Final Judgment as to Respondent, Commercial Properties Southwest, Inc.'s interest in the taking of Parcel 113FEE in the case styled Collier County v. New Plan Florida Holdings, LLC for the improvements to the intersection of Collier Boulevard (C.R. 951) and US 41 (Project No. 60116). (Fiscal Impact: $7,500.) Meeting Date: 10/14/2014 Prepared By Name: CrotteauKathynell Title:Legal Secretary, CAO Office Administration 9/25/2014 11:38:33 AM Approved By Name: KhawajaAnthony Title: Chief Engineer-Traffic Operations, Traffic Operations Date: 9/25/2014 4:56:15 PM Name: HendricksKevin Title:Manager-Right of Way, Transportation Engineering&Construction Management Date: 9/26/2014 2:34:51 PM Name: TaylorLisa Title:Management/Budget Analyst, Transportation Administration Date: 10/1/2014 2:46:47 PM Name: KearnsAllison Title: Manager Financial &Operational Support, Transportation Administration Date: 10/1/2014 2:49:24 PM Name: ShueGene Title: Director-Operations Support, Transportation Administration Date: 10/2/2014 9:11:41 AM Name: PepinEmily Packet Page -1797- 10/14/2014 16.K.2. 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, Case No.: 13-CA-238 Petitioner, Parcel: 113FEE vs. NEW PLAN FLORIDA HOLDINGS, LLC, a 'Delaware limited liability company; et al., Respondents. JOINT MOTION FOR FINAL JUDGMENT Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, COMMERCIAL PROPERTIES SOUTHWEST, INC., hereby respectfully move for entry of the Stipulated Final Judgment as to Parcel 113FEE attached as Exhibit "A"hereto. Dated: ‹` Z Ste',� Dated: G• GOR S. ,ESQUIRE EMILY R. PEPIN,ESQUIRE Florida Bar No. 317217 Florida Bar No. 92956 MOORE BOWMAN &RIX, P.A. OFFICE OF THE COUNTY 300 West Platt Street, Suite 100 3299 East Tamiami Trail, Suite 800 Tampa, FL 33606 Naples, FL 34112 grix(u!mbrfinn.com emilvpepinecolliergov.net isvlvia@mbrfirm.com kathvnellcrotteauZcolliergov.net bmoore( mbrfirm.com nancybradley(a�colliergov.net ksasse(a)mbrfirm.com ATTORNEY FOR PETITIONER ATTORNEY FOR RESPONDENT COLLIER COUNTY, FLORIDA COMMERCIAL PROPERTIES SOUTHWEST, INC. 1 Packet Page-1799- 10/14/2014 16.K.2. 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, Case No.: 13-CA-238 Petitioner, Parcel 113FEE vs. NEW PLAN FLORIDA HOLDINGS, LLC, a Delaware limited liability company;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 undersigned counsel, and Respondent, COMMERCIAL PROPERTIES SOUTHWEST, INC., by and through its undersigned counsel, for entry of a Final Judgment as to Parcel 113FEE 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 due the Respondent, 'COMM,COMMERCIAL PROPERTIES SOUTHWEST, INC and the Court being fully advised in e ERCIAL \ 1 L \11LV v 1a Lu a, 1a v., e_ n thv premises thereof, it is thereupon ORDERED AND ADJUDGED that: 1. Respondent, COMMERCIAL PROPERTIES SOUTHWEST, INC., have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Seven Thousand Five Hundred and No/100 Dollars ($7,500.00) for Parcel 113FEE, for full compensation, including severance damages, cost to cure, statutory interest, business damages, including attorney's fees and expert fees and costs. 1 Packet Page -1801- "BmB"` 10/14/2014 16.K.2. / —' T . 11 ;7 UNPLATTED a RI 60 SOUTHERN MANAGEMENT CORPORATION OR 1171. PG 789 \ CUPRIC WALE FOLIO NO. 00726640003 t'• EP' Yg *6 .:4)4' 4V�4.y b ~off \NSS39'O4'E spry LELYP8B IA, PG PHASE 1. 15.00' d' 4 S54'20'28E TRACT 16 dkb 79.85' SLNTRUST BANK tl OR 4364, PG 6 FOLIO HO. 55425004005 N54'20'28'W 79.85' �''� ALS35'39'04'W 113FEE 15.00' 1,198 SF POB S.W. CORNER t/� OF TRACT 16 •r 4410,5, OLITDO.r 4414:14t 4J LEO-wow-Of-114Y on-OFNGMl.atoms 1/0oA PS. PUT NOOK PG.PAGE \ POR .POINT Of BL9INNMC ` NO. •WNW SR.STATE ROAD FEE SIMPLE AID..ALSO KNOWN AS LEGAL DESCRIPTION — PARCEL 113FEE INTEREST A PARCEL OF LAND LYING IN SEe71GI1 3,TOWNSHIP 51 SOUTM. RANGE 26 EAST, COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF TRACT 16. LELY RESORT PHASE 1, AS RECORDED N PLAT BOOK 18, PAGE $7, or THE PUBLIC RECORDS OF COLLIER COWRY, FLORIDA ALSO BEM A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF US. 41; THENCE N54'20'26'W FOR 79.85 FEET ALONG SAM NORTHERLY RIGHT-OF-WAY LINE OF U.S. 41; THENCE N3•39•04-E FOR 15.00 FEET ALONG THE WESTERLY BOUNDARY OF TRACT 3E, FREEDOM SOUARE, AS RECORDED IN PLAT BOOK 22, PAGE 56 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA THENCE LEAVING SAID WESTERLY BOUNDARY S54'20'26'E FOR 78.85 FEET; THENCE 535'39'041V FOR 15.00 FEET ALONG THE EASTERLY BOUNDARY Cr SAID TRACT 3E. TO THE POINT or I I 36C14NNO OF THE PARCEL HEREIN 6 DESCR10: ■ I CONTAINING 1,19B SOUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TEC-1-ROW JUN152012 MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS1 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.IRS IS NOT A SURVEY. Ow L MM MI AI tL1•MIMM•LmM wI•MI rlriy fib N Ia.MULL tit A I••.V••••.,I••••• %WM •Li,1111MD..Iifiil R. PROJECT: U.B.41L/C31.961/8.R.951 .4=" MITE AND LEGAL DESCRIPTION wPAs PARCEL 1I3P1M RIGBT-OF-TAY •1e•••••••••Wm Kt .W•• •M1• PRIr9t®PM COL7O1 CouRTT GO►BIL4OCL7/80i11D W=SOT CO111112MM mwAtowswam 1,tIrOf WW1 JOB NUMBER 090081.00.00 REVISION SECTION 1i0515Nm R26EE t 1 60' I 8/6/12 I DRAWN R.A.K..I SKD,I13FEE 1 1 g of 1 ,-,L,,rrTlrm it t-A II Packet Page-1803-