Agenda 09/23/2014 Item #16K 29/23/2014 16.K.2.
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion and Final Judgment in the amount of $8,187.50
for Parcel 175RDUE 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 $4,987.50)
OBJECTIVE: That the Board of County Commissioners approves a Joint Motion and Final
Judgment for payment of full compensation in the total amount of $8,187.50, for the taking of
Parcel 175RDUE 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 condemned 1,500 square feet for a roadway, drainage and
utility easement from property owners Francis and Ana Aleman. The County's appraisal dated May
14, 2014, valued the taking at $3,200 which has already been deposited into the Court Registry.
Through counsel, the parties agreed to $6,817.50 for the taking and associated damages and costs,
as well as $1,200 in attorney's fees and costs.
If approved, the County will be responsible for the following costs:
Full Compensation: $6,817.50
Attorney's fees and costs: $1,200.00
Clerk's fees: $ 170.00
TOTAL $8,187.50
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 Final Judgment will be
presented to the Judge for final approval.
FISCAL IMPACT: Funds in the amount of $4,987.50 are available in impact fees and /or gas
taxes. Project: Collier Boulevard Expansion. The acquisition of this roadway, drainage & utility
easement will not add any cost to the annual operating and maintenance budget.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this item.
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 Joint Motion
and Final Judgment as to 175RDUE and authorize payment of the funds as stated.
Prepared by: Emily R. Pepin, Assistant County Attorney
Attached: 1) Joint Motion and Final Judgment
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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 in the
amount of $8,187.50 for Parcel 175RDUE 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 $4,987.50)
Meeting Date: 9/23/2014
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, CAO Office Administration
9/11/2014 10:35:12 AM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way, Transportation Engineering & Construction Management
Date: 9/11/2014 11:41:16 AM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Transportation Administration
Date: 9/12/2014 11:30:25 AM
Name: AhmadJay
Title: Director - Transportation Engineering, Transportation Engineering & Construction Management
Date: 9/12/2014 3:09:26 PM
Name: TaylorLisa
Title: Management/Budget Analyst, Transportation Administration
Date: 9/15/2014 10:12:04 AM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Transportation Administration
Date: 9/15/2014 10:59:17 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
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Date: 9/15/2014 11:31:06 AM
9/23/2014 16.K.2.
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 9/15/2014 12:01:57 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 9/15/2014 1:57:43 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/15/2014 2:50:21 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 9/15/2014 4:09:57 PM
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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,
VA
ROBERT E. WILLIAMS, Tr., et al.,
Respondents.
Case No. 14 -CA -816
Parcel No.: 175RDUE
N
JOINT MOTION FOR FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, FRANCIS
ALEMAN and ANA ALEMAN, hereby respectfully move for entry of the foregoing Final
Judgment as to Parcel 175RDUE attached as Exhibit "A" hereto.
Dated:
MICHAEL A. BAVIELLO, JR-, ESQUIRE
Florida Bar No. 908710
800 Seagate Drive, Suite 204
Naples, FL 34103
(239) 434 -6644 - Telephone
niabir!lbaviel lolaw.cmn
ATTORNEY FOR RESPONDENTS
FRANCIS ALEMAN & ANA ALEMAN
Dated:
EMILY R. PEPIN, ESQUIRE
Florida Bar No. 92956
OFFICE OF THE COUNTY ATTORNEY
3299 East Tamiami Trail, Suite 800
Naples, FL 34112
(239) 252 -8400 - Telephone
em i I y p ep i n (i-ii, coIIiergov.net
kathvnellcrotteauLt?col I ierL)ov.nct
nanc yb� radleyrci),collier,;ov.net
ATTORNEY FOR PETITIONER
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Joint Motion 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.
Ana Aleman & Francis Aleman
c/o Michael A. Baviello, Jr., Esq.
800 Seagate Drive, Suite 24
Naples, FL 34103
mabjr %baviellolawxom
(via electronic mail)
14-CA-816/297
EMILY R. PEPIN, ESQUIRE
SERVICE LIST
Parcel 175RDUE
Mortgage Electronic Registrations Systems,
Inc., a Delaware Corporation, as nominee for
First Horizon Home Loan Corporation, a
division of First Tennessee Bank, N.A.
c/o Lance T. Davies, Esquire
Butler & Hosch, P.A.
3185 South Conway Road, Suite E
Orlando, FL 32812 -7315
FLPleadings !ii;butlerandhosch.com
(via electronic mail)
2
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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,
V.
ROBERT E. WILLIAMS, Tr., et al.,
Respondents.
Case No. 14 -CA -816
Parcel No.: 175RDUE
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,
FRANCIS ALEMAN and ANA ALEMAN and by and through their undersigned counsel for
entry of a Final Judgment as to Parcel 175RDUE 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 Six Thousand Eight Hundred Seventeen and
50/100 Dollars ($6,817.50) inclusive of full compensation, including severance damages and
1
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business damages, statutory interest, and expert fees and costs in connection with said parcels; it
is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit in the
amount of Three Thousand Two Hundred and No /100 Dollars ($3,200.00), which was
deposited into the registry of the Clerk of the Circuit Court toward the acquisition of Parcel
175RDUE, at which time title to said parcels as described in Exhibit "A" vested in the name of
Petitioner; it is further
ORDERED that Respondents, FRANCIS ALEMAN and ANA ALEMAN, shall receive
pursuant to Section 73.092(1) Fla. Stat., as a reasonable attorney's fees and costs, the sum of
One Thousand Two Hundred and No /100 Dollars ($1,200.00). No other attorney's fees,
expert witness fees and costs shall be awarded in connection with this cause as it relates to Parcel
175RDUE; it is further
ORDERED that within thirty (30) days from the date of this Order, Petitioner shall
deposit into the Court Registry an additional sum of Three Thousand Six Hundred Seventeen
and 50 /100 Dollars ($3,617.50) for the benefit of Respondents; it is further
ORDERED that within thirty (30) days of this Order, Petitioner shall pay a sum of One
Thousand Two Hundred and No /100 Dollars made payable to Michael A. Baviello, Jr., P.A.
Trust Account, c/o Michael A. Baviello, Jr., Esquire, 800 Seagate Drive, Suite 204, Naples,
Florida 34103, for all attorneys fees and costs; it is further
ORDERED that title to Parcel 175RDUE, 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 June 27, 2014, and the deposit of money heretofore made,
is approved, ratified, and confirmed; it is further
2
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9/23/2014 16.K.2.
ORDERED that this Court reserves jurisdiction for apportionment and to enforce the
terms of this Final Judgment; it is further
ORDERED that the Notice of Lis Pendens filed in this action and recorded in Official
Record Book 5025, Page 3177, of the Public Records of Collier County, Florida be dismissed as
to Parcel 175RDUE; it is further
ORDERED that this Stipulated 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 Parcel
175RDUE that have or could have been asserted in this cause; it is therefore
DONE AND ORDERED in Chambers at Naples, Collier County, Florida this day
of , 2014.
HONORABLE CYNTHIA A. PIVACEK
CIRCUIT COURT JUDGE
Conformed Copies to:
Emily R. Pepin, Esquire
Michael A. Baviello, Jr., Esquire
Lance T. Davies, Esquire
Kevin Hendricks, Transportation ROW Acquisition Manager
Bookkeeping
14- CA- 816/295
3
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C
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LEGAL DESCRIPTION &
SKETCH OF PARCEL
NO.175RDUE
TRACT 125
GOLDEN GATE ESTATES
UNIT 26
PLAT BOOK 7 PAGES 15 k 16
WEST 150' OF TRACT 125
ANA AIEMAN.
FRANCIS /ALEMAN
EAST 180' OF TRACT 125
FRATERNAL ORDER OF
EAGLES 4028
OR 1502/899
— PROPOSED RIGHT OF WAY
EASEMENT
1.500 SO. F.
GREEN BOULEVARD (1DO' RIGHT OF WAY)
OR = OFFICIAL RECORDS (BOOK /PAGE)
® PROPOSED RIGHT OF WAY, DRAINAGE AND UTILITY EASEMENT (RDUE)
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TRACT 8
SUNGATE CENTER PUO
IPLAT BOOK 27, PAGES 1 k 2
WYNN PROPERTIES, INC.
OR 4474/2579
®EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE
PUBLIC PER PLAT BOOK 7, PAGE 15.
LEGAL DESCRIPTION
A PORTION OF TRACT 125, GOLDEN GATE ESTATES. UNIT 2E AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTIONS 10 AND 15, TOWNSHIP 49 SOUTH, RANGE 16
EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE NORTH 10 FEET OF THE SOUTH 40 FEET OF THE WEST 150 FEET OF SAID TRACT 125.
CONTAINING 1,500 SQUARE FEET, MORE OR LESS.
6 46 e6
Teo wGL"OF1200wi Zf Aital IS
SKETCH & DESCRIPTION ONLY
'�'� w ONO s r 4 m
NOT A BOUNDARY SURVEY $CAIt 1'.86'
RelOD1 NED MTCH T:ENITCATE N0. 5301
ADNNO DIE:
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COW41SSIONERS
KM MID Wrr n TN[ OMNx SCWTuke t x"m ,N =Eo 9Ut W
A RONW w=TMD Pe01ESSONN, SUR+l1m AND pAvER.
COLLIER BOULEVARD
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SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
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9010rift.P..Dftn'slim a
COLLER COUNTY, FLORIDA
umbs'R4Ib.1410P
PDOw:amw4m PAMIZISImbope
JOB NUMBER
REVISION
SECTION
TOWNSHIP
RANGE
SCALE
DATE
DRAWN BY
to" feet
SHEET
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