Agenda 09/27/2016 Item #16K3 16.K.3
09/27/2016
EXECUTIVE SUMMARY
Recommendation to approve a proposed Joint Motion for Stipulated Final Judgment in the amount
of$22,900 in total compensation for the taking of Parcel 251RDUE in the pending Eminent Domain
case styled Collier County v. Pedro E. Pena, et al., Case No. 15-CA-350, required for the expansion
of Golden Gate Boulevard from west of 16th Street East to 18th Street East, Project No. 60040.
(Fiscal Impact: $15,570).
OBJECTIVE: To settle full compensation owed for the taking of Parcel 251RDUE, which is required
for the expansion of Golden Gate Boulevard from west of 16th Street East to 18th Street East, Project No.
60040 (hereinafter referred to as the Project).
CONSIDERATIONS: Parcel 251RDUE is a road right-of-way, drainage and utility easement,
approximately 3,225 square feet along the southern side of Golden Gate Boulevard over a parent tract
owned by Gerald L. Chiappetta, Jr., and Tatiana Chiappetta. Aerial photograph is attached for reference.
On July 9, 2015, Collier County condemned Parcel 251RDUE and deposited a good faith estimate of
value of$7,500 into the Court Registry. Through negotiations, the parties agreed to full compensation for
Parcel 251RDUE in the amount of$22,900, which includes full payment for the property interest taken,
all damages to the remainder, all improvements, attorneys' fees, experts' fees and costs.
If this item is approved, the County will be required to pay an additional $15,400 in compensation to the
property owner, as well as $170 for the Clerk's fee.
The County Attorney's Office and staff recommend approval of this item since a better result is not
expected at trial. Upon approval, the County Attorney's Office will file the attached proposed Joint
Motion for Stipulated Final Judgment with the Circuit Court.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
FISCAL IMPACT: Funds in the amount of$15,570 will be paid from gas taxes and/or impact fees from
the Golden Gate Boulevard 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.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. -JAB
RECOMMENDATION: That the Board of County Commissioners approve the attached proposed Joint
Motion for Stipulated Final Judgment and authorize the payment of funds as stated herein.
Prepared by: Jennifer A. Belpedio, Assistant County Attorney
ATTACHMENT(S)
1. Proposed Joint Motion for Stipulated Final Judgment p251 pdf (PDF)
2. Aerial Photograph of Parcel 251RDUE (PDF)
Packet Pg.1707
16.K.3
09/27/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Item Summary: Recommendation to approve a proposed Joint Motion for Stipulated Final
Judgment in the amount of $22,900 in total compensation for the taking of Parcel 251RDUE in the
pending Eminent Domain case styled Collier County v. Pedro E. Pena, et al., Case No. 15-CA-350,
required for the expansion of Golden Gate Boulevard from west of 16th Street East to 18th Street East,
Project No. 60040. (Fiscal Impact: $15,570)
Meeting Date: 09/27/2016
Prepared by:
Title: Legal Assistant—County Attorney's Office
Name: Rosa Villarreal
09/15/2016 3:23 PM
Submitted by:
Title: County Attorney—County Attorney's Office
Name: Jeffrey A. Klatzkow
09/15/2016 3:23 PM
Approved By:
Review:
Growth Management Department Lisa Taylor Level 1 Sim. Reviewer 1-8 Completed 09/15/2016 4:29 PM
Growth Management Department Gene Shue Level 1 Sim. Reviewer 1-8 Completed 09/15/2016 5:41 PM
Transportation Engineering Jay Ahmad Level 1 Sim. Reviewer 1-8 Completed 09/16/2016 7:34 AM
Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 09/19/2016 11:02 AM
Transportation Engineering Kevin Hendricks Level 1 Sim. Reviewer 1-8 Completed 09/19/2016 11:15 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 09/19/2016 12:42 PM
County Attorneys Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 09/19/2016 2:50 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/19/2016 3:21 PM
Office of Management and Budget Susan Usher Level 3 OMB 1st Reviewer 1-4 Completed 09/19/2016 4:56 PM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 09/20/2016 1:38 PM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 09/20/2016 2:04 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/27/2016 9:00 AM
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA c
CIVIL ACTION o
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Petitioner, Case No.: 15-CA-350 N
v.
PARCEL: 251RDUE
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PEDRO E. PENA, ET AL.,
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Respondents.
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PETITIONER COLLIER COUNTY AND RESPONDENTS GERALD L. CHIAPPETTA,JR. 0
AND TATIANA CHIAPPETTA'S JOINT MOTION FOR STIPULATED FINAL JUDGMENT
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Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, GERALD L.
CHIAPPETTA, JR. and TATIANA CHIAPPETTA, through undersigned counsel, hereby
respectfully move for entry of the attached Stipulated Final Judg ;-nt as to Parcel 251RDUEcsi
attached hereto as Exhibit "1".
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13)
JENNIFER A. BELPEDIO, ESQ. KENNETH A. JONES, ESQ.
Florida Bar No. 186030 Florida Bar No. 200158 c
Collier County Attorney's Office Roetzel & Andress. LPA ir.
3299 East Tamiami Trail, Suite 800 2320 First Street, Suite 1000 73
Naples, FL 34112 Fort Myers, FL 33901
Telephone: (239) 252-8400 Telephone: (239) 337-3850
Co-Counsel for Petitioner Counsel for. Respondents
emilypepinncolliergov.net GERALD L. CHIAPPETTA, JR. and
jeruliferbelpedio@colliergov.net TATIANA CHIAPPETTA c
nancybradleya,collierr;ov.net kjones(uiralaw.com 2°
serve.kjones@ralaw.com
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Page 1 of 5
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated v°
Final Judgment was electronically filed with the Florida Courts E-Filing Portal which will send acc
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 , 2016. a,
(a
BY;
JENNIFER A. BELPEDIO, ESQ.
a
SERVICE LIST it
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PARCEL 251RDUE
Gerald L. Chiappetta, Jr. The Photostix Corporation N
do Kenneth A. Jones, Esquire d/b/a Golden Gate Boat Sales
Roetzel & Andress, LPA c/o Kenneth A. Jones, Esquire
kjones@ralaw.com Roetzel &Andress, LPA
serve.kjones(c ralaw.com kjones@ralaw.com
serve.kjones@ralaw.com
Tatiana Chiappetta
do Kenneth A. Jones, Esquire JPMorgan Chase Bank, N.A.
Roetzel & Andress, LPA c/o Jami Beasely Watkins, Esq.
kjonestivralaw.com Kahane & Associates, P.A.
serve.kjones@ralaw.corn noticea,kahaneandassociates.com 2
Citibank, N.A. Mortgage Electronic Registration Systems, Inc,
Aaron Hines, Esq as nominee for Citibank N.A.
Phelan Hallinan Diamond & Jones, PLLC Aaron Hines, Esq
FL.Servicei0helanflallinan.com Phelan Hallinan Diamond & Jones, PLLC 7-1
FL.Service@PhelanHallinan.com
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IN THE CIRCUIT COURT OF THE a
TWENTIETH JUDICIAL CIRCUIT IN AND
FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a politicalit
subdivision of the State of Florida, 0
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Petitioner, Case No.: 15-CA-350 0.
v.
PARCEL: 251RDUE
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PEDRO E. PENA, ET AL.,
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Respondents.
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STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner, T
COLLIER COUNTY, FLORIDA, and Respondents, GERALD L. CHIAPPETTA, JR. and
a)
TATIANA CHIAPPETTA, by and through undersigned counsel, for entry of a Stipulated Final a
Judgment as to Parcel 251RDUE for Project No. 60040, and it appearing to the Court that the `o
parties are authorized to make such Motion, the Court finding that the compensation to be paid c
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by Petitioner is the full compensation due the Respondents, GERALD L. CHIAPPETTA, JR.
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and TATIANA CHIAPPETTA, and the Court being otherwise fully advised in the premises
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thereof, it is thereupon 2
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Exhibit "1" to Joint Motion for Stipulated Final Judgment
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Page 3 of 5
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ORDERED AND ADJUDGED that Respondents have and recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Twenty Two Thousand Nine Hundred and
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No/100 Dollars ($22,900.00) for Parcel 251RDUE, as full payment for the property interest
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taken, all improvements within the part taken, and for damages resulting to the remainder, if less N
than the entire property was taken, and for all other damages, statutory interest, attorney's fees,
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and expert fees and costs and any and all other costs in connection with said parcel; it is further
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ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for
the good faith estimate of value previously deposited in the amount of Seven Thousand Five
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Hundred and No/100 Dollars ($7,500.00), as payment for acquisition of Parcel 251RDUE, at
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which time title to said parcel as described in Exhibit "A" vested in the name of the Petitioner; it
is further
ORDERED that within thirty (30) days hereof, Petitioner shall deposit the balance of the
award in the amount of Fifteen Thousand Four Hundred and No/100 Dollars ($15,400.00) a
into the Court Registry, which funds are subject to apportionment by further order of the Court; E
it is further
ORDERED that this Order disposes of all claims arising out of the taking of Parcel
a)
251 RDUE and that have or could have been asserted in this cause and no further funds shall be 5
awarded by Petitioner in this matter; it is further
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ORDERED that road right-of-way, drainage, and utility easement interest to Parcel
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251RDUE, being fully described in Exhibit "A" attached hereto and incorporated herein, which
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vested in Petitioner pursuant to the Order of Taking dated July 9, 2015, and the deposit of money a
heretofore made, is approved, ratified, and confirmed; it is further o
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Exhibit "1" to Joint Motion for Stipulated Final Judgment
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Page 4 of 5 Q
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ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in
Official Record Book 5122, Page 3736 of the Public Records of Collier County, Florida be 0
dismissed as to Parcel 251RDUE; it is further
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ORDERED that the Court reserves jurisdiction to enforce the terms of this Stipulated
Final Judgment and apportionment of the funds on deposit in the Court Registry; it is further N
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ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records a
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of Collier County, Florida; it is further E
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DONE AND ORDERED in Chambers at Naples, Collier County. Florida, this
day of , 2016. ;.t
HONORABLE JAMES R. SHENKO
Circuit Court Judge
Conformed copies to: N
Jennifer A. Belpedio, Esq., Co-Counsel for Petitioner, ienniferbelpedioLa�,colliergov.net; a
Kenneth A. Jones, Esq., Counsel for Respondents GERALD L. CHIAPPETTA, JR.,
TATIANA CHIAPPETTA, and THE PHOTOSTIX CORPORATION, kjones tr,ralaw.com;
Aaron Hines, Esq., Counsel for Respondents CITIBANK, NA„ and MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC., FL.Service@PhelanHallinan.com;
Jami Beasely Watkins, Esq., Counsel for RespondentJ.P, MORGAN,
notice@kahaneandassociates.com I
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15-CA-393 #955 0
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Exhibit "1" to Joint Motion for Stipulated Final Judgment i
Page 5 of 5
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IEX IBIT "A"
GOLDEN GATE BOULEVARD (CR 876) 1 --
135+110 136+00 137+ 158+00 139+00 { 14040C •
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TRACT 20 TRACT 21 TRACT 22E
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`TT EFTSTING ROADWAY FAS EMENT DEDICATED TO THE PERPETUAL 0
I< �I USE Uf 'f HE PUBLIC FER FLAT BOOK 5, PAGE 8a w
LEGAL DESCRIPTION FOR PARCEL 251 RDUE C
A PORTION OF TRACT 21, GOLDEN GATE ESTATES, UNIT 51 AS RECORDED IN PLAT BOOK 5, PAGE 84. OF THE USLIC w
RECORDS OF COI?TER COUNTY, FLORIDA, LYING IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLL:EF 0
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE SOUTH 43 FEET OF THE NORTH 93 FEET OF THE FAST 75 FEET OF THE WEST 180 FEET OF SAID TRACT 21. 5
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CONTAINING 3,225 SQUARE FEET, MORE. OR LESS. • n
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SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT £`9 4'jN wtdog C
PARCEL 251 ROUE 6610 Mow Pvk OrNo.Su+r 200 U
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JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
0507717,00.01 0001 REV 01 1 _ 49 27 " = 80' DEC. 2009 S.D.L. SF 251 1 OF I
Ex ibit "1" to Joint Motion for Stipulated Final Judg Packet Pg. 1714
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