Agenda 07/12/2016 Item #16K3 7/12/2016 16.K.3.
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion and proposed Stipulated Final Judgment in the
amount of$94,100 for Parcel 159RDUE in the pending eminent domain case styled Collier County
v. Lee McCaskey, et al., Case No. 15-CA-0152 required for the widening of Golden Gate Blvd. from
Wilson Boulevard to 206 Street East, Project No. 60040. (Fiscal Impact: $22,900)
OBJECTIVE: To settle the amount of full compensation, including attorney's fees and expert costs,
for the taking of Parcel 159RDUE condemned as part of the widening of Golden Gate Blvd. from
Wilson Boulevard to 20th Street East, Project No. 60040, hereinafter referred to as the "Project."
CONSIDERATIONS: On July 9, 2015, Collier County condemned Parcel 159RDUE and deposited
$71,200.00 into the Court Registry as a good faith estimate of value pursuant to the Order of Taking in
the pending eminent domain case styled Collier County v. Lee McCaskey, et al., Case No. 15-CA-0152.
Parcel 159RDUE is required for the construction of the Project and is a 3,750 square foot right-of-way
roadway drainage and utility easement on the north side of Golden Gate Blvd. over a tract of land owned
by Noel Hernandez and Teresita Figueredo. Attached for reference is an aerial photograph of the Parcel.
In addition to the cost of the land taken, the County's appraisal also included a cost for several site
improvements, including a gravel driveway, irrigation, sod, landscaping, site clearing, fill, and grading,
as well as an estimate of compensation for severance damages as a result of the distance from the home
to the road being reduced from 75 feet to 50 feet. On May 26, 2016, the property owner provided an
Offer of Judgment to the County in the amount of $99,750.00, inclusive of all attorney's fees and
expert's fees. Through negotiation, the parties agreed to total compensation in the amount of
$94,100.00, including attorney's fees and expert's costs. If approved by the Board, the County will be
required to pay an additional $22,900.00 over the amount already deposited.
The County Attorney's Office and Staff recommend approval of this Joint Motion and proposed
Stipulated Final Judgment since a better result is not anticipated at trial. Upon approval, the County
Attorney's Office will file the attached Joint Motion with the Circuit Court.
FISCAL IMPACT: Funds in the amount of$22,900.00 will be paid from gas taxes and/or impact fees
from Golden Gate Blvd. Project No. 60040. 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: None.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval.—ERP
RECOMMENDATION: To approve the attached Joint Motion and proposed Stipulated Final
Judgment and authorize the payment of funds as stated herein.
Prepared by: Emily R. Pepin, Assistant County Attorney
Attachments: (1) Proposed Joint Motion and Stipulated Final Judgment; and
(2) Aerial Photograph of Parcel 159RDUE
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.3.
Item Summary: Recommendation to approve a Joint Motion and proposed Stipulated
Final Judgment in the amount of$94,100 for Parcel 159RDUE in the pending eminent domain
case styled Collier County v. Lee McCaskey, et al., Case No. 15-CA-0152 required for the
widening of Golden Gate Blvd. from Wilson Boulevard to 20th Street East, Project No. 60040.
(Fiscal Impact: $22,900)
Meeting Date: 7/12/2016
Prepared By
Name:NeetVirginia
Title: Legal Assistant/Paralegal, CAO Office Administration
6/29/2016 9:13:49 AM
Submitted by
Title: Legal Assistant/Paralegal, CAO Office Administration
Name:NeetVirginia
6/29/2016 9:13:51 AM
Approved By
Name: TaylorLisa
Title: Management/Budget Analyst, Senior, Capital Construction&Maintenance Budget/Fiscal
Date: 6/29/2016 10:19:42 AM
Name: KearnsAllison
Title: Manager-Financial &Operational Sprt, Capital Construction&Maintenance Budget/Fiscal
Date: 6/29/2016 1:19:48 PM
Name: AhmadJay
Title: Division Director-Transportation Eng,Transportation Engineering&Construction Management
Date: 6/30/2016 7:13:38 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Administration
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Date: 6/30/2016 7:24:20 AM
Name: FrenchJames
Title: Deputy Department Head-GMD, Growth Management Department
Date: 6/30/2016 10:25:29 AM
Name: HendricksKevin
Title: Manager-Right of Way, Transportation Engineering&Construction Management
Date: 7/1/2016 11:34:21 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 7/1/2016 1:09:31 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 7/1/2016 2:31:03 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 7/5/2016 11:31:41 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 7/5/2016 1:27:40 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 Horida.
Petitioner.
v. Case No.: 15-CA-152
PARCEL:: 159R.DUE
LEE McCASKEY, a/k/a LEON McCASKILY,
FT. AL.
Respondents.
PETITIONER COLLIER COUNTY, RESPONDENTS NOEL HERNANDEZ &
TERESITA FIGUEREDO, AND INTERESTED PARTY MORTGAGE ELECTRONIC
REGISTRATION SYSTEM'S JOINT MOTiO:N FOR STIPULATED FINAL JUDGMENT
COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents,
NOEL: HERNANDEZ and TERESITA FIC UERFDO, and Interested Party MORTGAGI
ELEC"TRONiC. REGISTRATION SYSTEM, by and through their a idersiCgned counsel, and
hereby respectfully move for entry of the attached Stipulated Fit / Judgment as to Parcel
159RDUF attached hereto as Exhibit "1"
EMILY R. PEPIN, ESQUIRE KEN ET! A. JONES, ]SQUIRM:
Florida Bar No. 92956 Florida Bar No. 200158
Collier County Attorney's Office Roetzcl &. Andress, EPA
3299 East 'I'amiami -Trail, Suite 500 2320 First Street, Suite 1000
Naples, Fl. 34112 Fort Myers, FI., 33901
'telephone: (239) 252-8400 Telephone: (239) 337-3850
COUNSEL NSI L FUR I'E7'1'17ONF_R COUNSEL FOR RESPONDENTS
chitl\pepmu;cullicrcov.net ,\'01;L HERNANDEZ ci!: 11s'RESI! I
Jenniferbelpedio,rr;collierCo\ net //G('1 RPI)0
nanevbradley'(1 c c)Ilicruov.nct kjoi e ((talc w.com
serve.]<jonescq ralaw.com
MATl'H EW L. SCI lUllS, ESQ.
Florida.Bar No, 57116
Albertelli Law
5404 Cypress Center Dr., Suite 300
Tampa, FL 33609
Telephone: (813) 221-4743
mschulis' i)albcrtellilaw.com
Gen L_it'i'rtal bcrtclli law.cam
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this Joint Motion l r Stipulated
Final Judgment was electronically filed with the Florida Courts E-Filing Portal which will send a
notice of electronic filing to parties appearing via electronically, and by U.S. mail to parties as
indicated on the Service List below on this day of June. 2016.
13Y:
EMILY R. PFPIN, ESQUIRE
SERVICE LIST
PARCEL 159RDUE
Noel 1. Hernandez nandez and 'l'eresita Figueredo Mastrocola Mortgage d/b/a --_
do Kenneth A. Jones. Esq. Northstar Mortgage
Roetzel & Andress i.-P;A ; c/o FiliApo Mastrocola
kjoncs a�ialti1W.coiii 1 171 Rainbow Drive
seve.kjones ialaw.com Naples. FL 34104-4264
Mortgage (Electronic Registration Systems,
Inc., as Nominee for Northstar Mortgage and Yilianna Hernandez •
Firststar Bank. N.A. cio Kenneth A. Jones, Esq.
Matthew L. Schulis, laq. Roetzel &Andress LPA
Albertelli LawI kjones(iIr;t1_w.c.orn
ni chulis'u.ilbxrtcllil iv .con scrve.kjonesk,rzilaw.coin
Crenl il'« albcttellilawc.om
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IN THE CIRCUIT COURT OF THE. TWEN'F.IETH
JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA
CIVIL AC"['ION
COLLIER COUNTY. FLORIDA, a political
subdivision of the Stale of Florida,
Petitioner,
v. Case No.: 15-CA-152
PARCEL: 159RDUE
LEE. McCASKFY, a/k/a LEON McCASKEY.
E.T. A L,
Respondents.
STIPULATED FINAL JUDGMENT
`f'I-IIS CAUSE having comee before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, Respondents, NOEL HERNANDEZ and TERESITA
FIGUEREDO, and Interested Party MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, by and through their undersigned counsel, for entry of a Stipulated Final Judgment
as to Parcel I 59RDUE for Project No. 60040, 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 Respondents NOEL I-IFRNANI)EZ and TERL SITA
FIGI JEREDO, and the Court being otherwise fully advised in the premises thereof, it is
thereupon ORDERED AND ADE IDOFf) that: EXHIBIT
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1. Respondents, NOEL 1-LERNANDEZ and TERESITA FIGI?I REDO, have and
recover from Petitioner. COLI.,IER COUNTY. FLORIDA, the total sum of Eighty-Seven
Thousand Five Hundred and No/100 Dollars (587,500.00) for Parcel 159RDUE, as full
•payment ibr the property interest taken, improvements, damages resulting to the remainder, if
less than the entire property was taken, statutory interest and for all other damages in connection
with said parcel.
2. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good
faith estimate of value previously deposited and withdrawn from the Court Registry in the
amount of Seventy-One Thousand Two Hundred and No/100 Dollars (S71,200.00), as
payment for acquisition of Parcel 159RDU1. , at which time title to said parcel as described in
Exhibit "A" vested in the name of the Petitioner.
3, Petitioner, COLLIER COUNTY, FLORIDA. shall pay an additional Six
Thousand Six Hundred and No/100 Dollars (56,600.00) to Respondents for all attorney's Fees,
expert lees and costs. and no other attorney's fees or costs shall be awarded in this case.
4. Within thirty (30) days hereof, Petitioner shall pay the balance of the award in
Paragraph I in the amount of Sixteen Thousand Three Hundred and No/100 Dollars
(S16,300.00) to Albertelli L,aw Trust Account cio Matthew L. Schulis, Esq., 5404 Cypress
Center Drive. Suite 300, Tampa, Florida 33609 to be applied against Respondents' mortgage on
the parent tract within 7 days of receipt of the funds.
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5. Within thirty (30) days hereof, Petitioner shall pay the award of attorney's fees,
expert fees and costs from Paragraph 3 in the amount o1' Six Thousand Six Hundred and
No/100 (S6,600.00) to Roct-rel & Andress, LPA Trust Account. c/o Kenneth A. Jones, Esq. 2320
First Street, Suite 1000, Fort Myers, Florida 33901.
6. This Order disposes of all claims arising out of the taking of Parcel .159RDUE
that have or could have been asserted in this cause.
7. Right-of-way, Drainage, and Utility Easement interest to Parcel I 59RDUE, being
fully described in Exhibit "A" attached hereto and incorporated herein, which vested in.
Petitioner pursuant to the Order of "faking dated July 9, 2015, and the deposit .of money
heretofore made, is approved, ratified, and confirmed; it is further
8. The Notice of Us Pendens filed in the above-styled cause and recorded in Official
Record Book. 5115, Pace 2124 of the Public Records of Collier County, Florida be dismissed as
to Parcel 159RDU11; it is further
9. The Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment; it is further
10. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida; it is further
DONE AND ORDNRFD in Chambers at Naples, Collier County, Florida, this
day or.ltine, 2016,
HONORABLE .JAMES R: SI-LENKO
CIRCUIT COURT JUDGE
Conformed Copies to:
Emily R. Pepin, Esq., Coun'el fnr Petitioner., c:m lvpcpin!i ),colliergoy_iiet
Kenneth A. Jones, Esq., C'ounsel,for Respondents Noel Hernandez, Thresh('Figr.tereclo, arx.1
)'ilianna Hernandez, kjones(Tralaw,coinn
Matthew L.. Schulis, Esq., Cow-Tye/fin. Respondent A1T:RS, nisch' s(ikalbcrtcllilaw.coni
Filippo Mastrocola for Respondent,t'iastrocola Mortgage, 1 171 Rainbow Dr.,
Naples. Fl. 34104-4264 •
5-ca-151'765
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I ) EX BIT "A"
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PEwA:.-TA & MRt:.00l:Dtr
00 3512/1/91
wEsT 150' OF JONES •
TRACT 74 OR 345/i919
I IL P NAN DEZ I
OR 2702/1330
i I
TRACT 73i TRACT 107
•
TRACT 74
GOLDEN GATE ESTATES
UNIT 14
PLAT 1300K 7 PACE 74
I I
PROPOSE7) RDADWA( EASE)AEJJT
\ PARCEL 159 RDUE
7....,.....7.\77....,25•••• .
I514,00 LL i I 59+EQ 5et00 55).09 f:94:50 ...^
; GOLDEN GATE G'OULENARD (CR 1176)
oR Dunk. RECORDS (POOH/PAGE:)
E_ 'Cl PROPOSED ROADWAY, DRANACE AND HTILIIY uJol:MEro (Co4C)
EY.ISTINO RO.ACWAY Cl.tiEME11T DEDICATED TO THE PERPETUAL •
L. }1.f cl USE OF THE PU0UC NOT PEAT 000P 7, PAGE 74
LEGAL DEBCRIP'TION FOR PARCEL 159 ROUE
A P(1NTIONC11 TRACT 74, GOLDEN GAIT_ ESTATES, 1../N11 14 AS RECCN.DEIU IN PLAT 1300H 7, PA(;:_`-74 OF THE PUB00
RECORDS OF COWER i;CUNTf, r1.0PiDA, 0040 IN SECTION 3, TOWNSHIP 49 500 II 10'GF 2T*AST,-„CO1.L0(01
3 COUNTY, FLORIDA, 5151140 MORE. PARTICULARLY DESCRIBED AS FOLLOWS. -
•
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112E NORTH75 FEET of la SOUTH 7f) 11.aT OF TILE WEST 150 FEET or SAID TRACT 7 .,
3,750SQUARE FEET, /� 2ici F� ,`�•
CCNIACWNCMOP OR LESS. 1
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GOLDEN CAST BOULEVARD
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„iYiiU S: DESCRIPTION OF: P10105ED ROADWAY LAS15L.N1co* L1x0L. stajS PdM;S
b PARCEL 109 RDUF: deli NIS.Pa%TMH.Ault CGI
4410x.fkfl32Htra
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_ LEI No.:011,J,i13yNlul3fi; I'PIYISIDN SECTION iOWNSfitt' RANGE 5041 U.tt OE4WN SI' FII.1: NAms SIICLT ,
502'7.00.00 0001( 3 49 27 1” 1?0' FE3. 7008 S.D. 01114 SK1159 1 or 1
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AERIAL PHOTO OF PARC EL 159RDUE
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