Agenda 11/12/2013 Item #16K1MM
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11/12/2013 16.K.1.
EXECUTIVE SUMMARY
Recommendation to approve a Final Judgment concerning the taking of Parcels 102FEE
and 102TCE, in the lawsuit styled Collier County v LDJ Associates, LTD, et al, Case No.
2013 -CA -1238 for the Collier Boulevard expansion (Project No. 68056). Fiscal Impact
$29,671.30.
OBJECTIVE: That the Board approve a Final Judgment concerning Parcels 102FEE and
102TCE, owned by LDJ Associates, LTD, in the lawsuit styled Collier County v. LDJ
Associates, LTD., et al, Case No 2013 -CA -1238.
CONSIDERATIONS: Through an Order of Taking hearing held in the circuit court on
September 9, 2013, Collier County condemned a strip of land containing 11,550 square feet from
the property owned by LDJ Associates, LTD, along with a three -year temporary construction
easement containing 1,651 square feet. Collier County's most recent appraisal prepared for the
Order of Taking had a full compensation value conclusion of $94,380.00 for. all property
interests condemned. Settlement negotiations with Counsel for the property owner ensued; a
global settlement in the amount of $124,051.30 was reached. This settlement is inclusive of
compensation to the property owner as .well as accumulated attorney's fees and expert fees.
Staff and the County Attorney's Office are recommending this settlement since the County is not
guaranteed better results at trial.
FISCAL IIVI�'ACT: The difference between the $94,380.00 deposit made pursuant to the Order
of Taking and the $124,051.30 settlement come to $29,671.30. Funds in the amount of
$29,671.30 are available in impact fees and/or gas taxes.
.GROWTH MANAGEMENT IMPACT: None.
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 approve the Final
Judgment as to Parcels 102FEE and 102TCE and authorize payment of the funds as stated.
PREPARED BY: Emily R. Pepin, Assistant County Attorney
Attachments: (1) Final Judgment
13- 1238CA/294
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11/12/2013 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 concerning the taking of
Parcels 102FEE and 102TCE, in the lawsuit styled Collier County v. LDJ Associates, LTD, et al,
Case No. 2013 -CA -1238 for the Collier Boulevard expansion (Project No. 68056). Fiscal Impact
$29,671.30.
Meeting Date: 11/12/2013
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
10/15/2013 2:25:30 PM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
Date: 10/15/2013 3:02:46 PM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 10/16/2013 8:06:42 AM
Name: KhawajaAnthony
Title: Engineer - Traffic Operations,Transportation Engineering & Construction Management
Date: 10/16/2013 9:15:12 AM
Name: ShueGene
Date: 10/17/2013 2:32:14 PM
Name: KeamsAllison
Date: 10/21/2013 9:32:48 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 10/21/2013 11:58:57 AM
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Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 10/24/2013 8:37:18 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 10/28/2013 4:53:11 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/29/2013 8:02:59 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: l l /l /2013 10:00:22 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/1/2013 10:53:32 AM
Name: OchsLeo
Title: County Manager
Date: 11/2/2013 11:01:38 AM
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^ 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 -1238
VS. Parcel Nos.: 102FEE, 102TCE
LDJ ASSOCIATES, LTD., ET AL.,
Respondents.
JOINT MOTION FOR FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, LDJ
ASSOCIATES, LTD, hereby respectfully move for entry of the foregoing Final Judgment as to
Parcels 102FEE and 102TCE.
Dated: to ..- j0-13 Dated:
C� KENNETH A. JONES, ESQUIRE
./ Florida Bar No. 0200158
ROETZEL & ANDRESS, LPA
2320 First Street, Suite 1000
Fort Myers, FL 33901 -2904
Kj ones(a)ralaw.com
Serve.kiones Qralaw.com
ATTORNEY FOR RESPONDENT
EMILY R. PEPIN, ESQUIRE
Florida Bar No. 92956
ASSISTANT COUNTY ATTORNEY
Harmon Turner Building
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
emilypepin ,collier ov.net
rosavillareal@colliergov.net
nancvbradl evaa.col l ierizov. net
ATTORNEY FOR PETITIONER
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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 -1238
VS. Parcel Nos.: 102FEE, 102TCE
LDJ ASSOCIATES, LTD., 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, LDJ
ASSOCIATES, LTD, by and through its undersigned counsel, for entry of a Final Judgment as to
Parcels 102FEE and 102TCE for Project 68056, and it appearing to the Court that the parties are
authorized to snake such Motion, the Court finding that the compensation to be paid by Petitioner
is the full compensation due the Respondent, LDJ ASSOCIATES, LTD, and the Court being
fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondent, LDJ ASSOCIATES, LTD, have and
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Ninety -Nine
Thousand, Nine Hundred Forty Dollars and No /100 ($99,940.00) for Parcels 102FEE and
102TCE, as full compensation, including severance damages, cost to cure, statutory interest,
business damages, and for all other damages in cormection with said parcel, excluding attorney's
fees, expert fees and costs; it is further
1
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^ 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 Ninety-
Four Thousand Three Hundred Eighty Dollars and No /100 ($94,380.00); it is further
ORDERED AND ADJUDGED that within thirty (30) days hereof, Petitioner, COLLIER
COUNTY, FLORIDA, shall disburse an additional Five Thousand Five Hundred Sixty
Dollars and No /100 ($5,560.00) to Roetzel and Andress Trust Account, 2320 First Street, Suite
1000, Fort Myers, Florida 33901, c/o Kenneth A. Jones, for additional funds agreed upon for the
benefit of Respondent; it is further
ORDERED AND ADJUDGED that within thirty (30) days hereof, Petitioner, COLLIER
COUNTY, FLORIDA shall pay an additional Thirteen Thousand Six Hundred Forty -Eight
Dollars and 80/100 ($13,648.80) in statutory attorney's fees and an additional Ten Thousand
^
Four Hundred Sixty -Two Dollars and 50 /100 ($10,462.50) for expert costs to Roetzel and
Andress, 2320 First Street, Suite 1000, Fort Myers, Florida 33901, c/o Kenneth A. Jones,
Esquire, as full settlement and satisfaction of all attorney's fees under Section 73.092(1), F.S.,
and including all fees for non - monetary benefits and all expert witness costs with the court
reserving jurisdiction over the award of attorney fees for supplemental proceedings, if any; it is
further
ORDERED AND ADJUDGED that within thirty (30) days hereof, the Clerk shall
disburse from the Court Registry the sum of Ninety -Four Thousand Three Hundred Eighty
Dollars and No /100 ($94,380.00) less the amount owed to the Tax Collector in the amount of
Seventy Dollars and 61/100 ($70.61) resulting in a total of $94,309.39 to Roetzel and Andress,
2320 First Street, Suite 1000, Fort Myers, Florida 33901, c/o Kenneth A. Jones, Esquire.
ORDERED AND ADJUDGED that title to Parcels 102FEE and 102TCE, being fully
described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner
2
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pursuant to the Order of Taking dated September 9, 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 4913, Page 226, et.seq., of the Public Records of
Collier County, Florida be dismissed as to Parcels 102FEE and 102TCE; it is further
ORDERED AND ADJUDGED that the settlement sum on deposit with the Court's
Registry will be subject to claims of apportionment, if any, by any judgment creditors, mortgages
and lien holders named in tlus action; it is further
ORDERED AND ADJUDGED that this Court reserves jurisdiction to for the
determination of supplemental attorney's fees; it is further
ORDERED AND ADJUDGED that the Court reserves jurisdiction to enforce the terms
of this Final Judgment; it is further
ORDERED AND ADJUDGED that this 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.
Conformed copies to:
Emily R. Pepin, Esquire
Kenneth A. Jones, Esquire
Brenda C. Garretson, Esquire
Kevin Hendricks, Acquisition Mgr./Transportation
Bookkeeping
13- 1238 -CN210
HONORABLE FREDERICK R. HARDT
CIRCUIT COURT JUDGE
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16. K.1.
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LEGAL QUICRIPIION FOR PARCEL 102FEE
A PORTION OF TRACT 120, GOLDEN GATE ESIATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 16 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORID. LYING IN SECTION 15, TOWNSHIP 49 SOUTH. RANGE,aB EAST, ,
COLDER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE EAST 35 FEET OF SAID TRACT 120. 1,!f� ,f
CONTAINING ,1.550 SQUARE FEET, MORE OR LESS. J9�
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY MAIL 1•-W
FOR' COLUIM GOUNTY GOVERNMENT 80 MM AND OF COUNTY CO MINAMERS 1°j � wwKtq+ 6M � t gar OF
COLi]ER BDUI3VARD
SKETCH & DEBOMPT1OlN OP: PROPOBBD MORT OF WAY
PARCEL loam ��tiMp�pr�p
COLLIER COUNTY. TLORMA Ar�cpgwnpr weep grtorM
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JOB NUMBER I R♦11{SION I 6ECOON I TOW"01, MNOE SCALE GAIL MM Bf I FU NAME 6NEET
EXHIBIT
750106.02.00 NEV 2 15 49 26 1' - 0' 8 -23 -07 S.D.L. SK102IEE 1 OF
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PARCEL 1021
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TRACTS 121 I
TEMPORARY
CONSINUMN EASEMENT
DURATION _ YEARS. I,
OR - OFFICIAL RECORDS (WOK/PAGE)
® PROPOSED d' TEMPORARY CONSTRUCTION EASEMENT
® PROPOSED RIGHT OF WAY
®EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 7, PAGE 15
LEGAL DESCRIPTION TOR PARCEL 102TCE
A PORTION OF TRACT 120. OOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT I
PUBLIC RECORDS Of CDLl1ER COUNTY. FLORIDA, LYING IN SECTION 15. TOWNSHIP 49
COLLIER COUNTY, FLORIDA BEJNG MORE PARTICULARLY DESCRIBED AS FOLIAWS.
THE WEST S FEET OF THE CAST 40 FEET OF SAID TRACT 120.
CONTAINING 1,551 SQUARE FEET, MORE OR LESS.
o w
SKETCH t DESCRIPTION ONLY n
NOT A BOUNDARY SURVEY sum: I".", '°
TOR COWER COUNTY OOVLRNMENT BOARD OF COUNTY COMMSSKJNE1Bi M R1i �
COLLiiR VQVL VARD
BKBTCR IK DICSCRIPTlON OP.
PROP08JiD TICUPORARY CONWRUCTLON
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4P' I ;SAE THE
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PARCEL 102m I w/s w�w►�iw�aw "
COLLIER COUNTY. FLOWA
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