Agenda 10/25/2016 Item #16K 5 16.K.5
10/25/2016
EXECUTIVE SUMMARY
Recommendation to approve a proposed Joint Motion for Stipulated Final Judgment and Order of
Taking in the amount of$50,109.29 in total compensation, including outstanding ad valorem taxes,
for the taking of Parcel 311FEE in the pending Eminent Domain case styled Collier County v.
Joseph Bartoszek, et al., Case No. 16-CA-1200, required for the expansion of Golden Gate Blvd.
from 20th Street East to east of Everglades Blvd.,Project No.60145. (Fiscal Impact: $50,109.29)
OBJECTIVE: To settle full compensation owed, including outstanding ad valorem taxes, for the taking
of Parcel 311FEE, which is required for the expansion of Golden Gate Blvd. from 20"'Street East to east
of Everglades Blvd.,Project No. 60145 (hereinafter referred to as the Project).
CONSIDERATIONS: Parcel 311FEE is a fee simple interest, approximately 1.14 acres on the south
side of Golden Gate Blvd. E. midway between the Miller canal and Everglades Blvd. owned by Tick-
Piew Peng and Hermelinda Peng. An aerial photograph is attached for reference. The Board authorized
condemnation of this parcel on April 26, 2016, and the County filed its Petition in Eminent Domain on
July 12, 2016. The Order of Taking Hearing in this case is scheduled for November 22, 2016. Through
negotiations,the County and the owners agreed to full compensation for Parcel 311FEE in the amount of
$50,000.00, which includes full payment for the property taken, attorneys' fees, experts' fees and costs.
Payment is also required for outstanding ad valorem taxes to the Collier County Tax Collector in the
amount of$109.29.
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 Order of Taking and 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$50,109.29 will be paid from gas taxes and/or impact fees
from the Golden Gate Boulevard Project No. 60145. 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: To approve the attached proposed Joint Motion for Stipulated Order of Taking
and 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 Order of Taking and Final Judgment-kelly pateli (PDF)
2.Aerial Photograph of Parcel 311Fee (DOC)
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16K.5
10/25/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Item Summary: Recommendation to approve a proposed Joint Motion for Stipulated Final
Judgment and Order of Taking in the amount of$50,109.29 in total compensation, including outstanding
ad valorem taxes, for the taking of Parcel 311FEE in the pending Eminent Domain case styled Collier
County v. Joseph Bartoszek, et al., Case No. 16-CA-1200, required for the expansion of Golden Gate
Blvd. from 20th Street East to east of Everglades Blvd.,Project No. 60145.(Fiscal Impact: $50,109.29)
Meeting Date: 10/25/2016
Prepared by:
Title: Legal Assistant—County Attorney's Office
Name: Rosa Villarreal
10/10/2016 12:06 PM
Submitted by:
Title: County Attorney—County Attorney's Office
Name: Jeffrey A. Klatzkow
10/10/2016 12:06 PM
Approved By:
Review:
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 10/10/2016 1:10 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 10/10/2016 1:35 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 10/11/2016 7:16 AM
Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 10/11/2016 10:01 AM
Growth Management Department Gene Shue Additional Reviewer Completed 10/11/2016 10:16 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/11/2016 12:19 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 10/11/2016 3:36 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/11/2016 4:42 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/12/2016 10:25 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 10/13/2016 4:46 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/17/2016 9:27 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/25/2016 9:00 AM
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY,FLORIDA , ..,
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' COLLIER COUNTY BOARD OF COUNTY -o
COMMISSIONERS, a political subdivision of a
the State of Florida, a
Petitioner, 5
Case No.: 16-CA-1200
v. PARCEL: 31 I FEE �a
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JOSEPH BARTOSZEK; CHERYL BARTOSZEK;
LARRY H.RAY,COLLIER COUNTY TAXtz
COLLECTOR; YOSBANI MENDEZ; MIGUEL a
PEREZ;JULISSA J. PEREZ;TICK-PIEW PENG; N
HERMELINDA PENG;Bobbie Davenport,f/k/a i
Bobbie Gruninger;Kevin Mouchou; Mortgage
Electronic Registration Systems, Inc., Summit
Mortgage Corporation, Wells Fargo Home •—
Mortgage, and Florida Power &Light, Q
[Respondents indicated by italics are dismissed] _>
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Respondents. c
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PETITIONER COLLIER COUNTY,RESPONDENTS TICK-PIEW PENG, a
HERMELINDA PENG,AND LARRY H.RAY,COLLIER COUNTY TAX -)
COLLECTOR'S JOINT MOTION FOR ENTRY OF STIPULATED ORDER OF c
TAKING AND FINAL JUDGMENT FOR PARCEL 311 + +E it
COMES NOW, Petitioner, COLLIER COUNTY, together with Respondents, TICK- o
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PIEW PENG; HERMELINDA PENG; and LARRY H. RAY, COLLIER COUNTY TAX
COLLECTOR, by and through undersigned counsel, and hereby move fir entry oto Stipulated o
Order of Taking and Final Judgment as to Parcel 31 IFEE,attached he _o as xhib' `174_,... o
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JENNIFER A. I3ELPEDIO,ESQ. $ LLA Y,PATEL, E'Q, -a
Florida Bar No. 186030 Florida Bar No, 961670 a
' Collier County Attorney's Office 13026 Waterford Run Drive a
3299 East Tamiami Trail, Suite 800 Riverview,FL 33569 N
Naples,FL 34112 Telephone: (813) 643-2762 L
Telephone; (239)252-8400 Counsel for Respondents `c
Co-Counsel for Petitioner TICI-PIEo
W PENG and
jcnniterbelpediot colliergov net HERMELINDA PENG o
emilypepint1col1iergov.net 6L Bcllapatelpaaaol.com
nancybradley@colliergov.net a// •5
CARLOS A. KELLY,ESQ. o
Florida Bar No. 121274 0
Henderson, Franklin,Starnes&Holt,P.A. o`.
P.O. Box 280,Ft, Myers,FL 33902-0280
Telephone: (239)344-1100 c '
Counsel for Respondent LARRY H. RAY, s
COLLIER COUNTY TAX COLLECTOR
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carloskelly cr.henlaw.com Q
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CERTIFICATE OF SERVICE a
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated
Order of Taking and 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 2
electronically, and by U.S. mail to parties as indicated on the Service List below on this it
day of September,2016.
BY: N
JENNIFER A. BELPEDIO,ESQ. ••
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,SERVICE LIST
Collier County v.Joseph Bartoszek, et al
Case No. 16-CA-1200 a
PARCEL 311FEE e
TICK-PIEW PENG HERMELINDA PENG
c/o Bella Y.Patel,Esq. d o Bella Y. Patel,Esq.
Bellapatelpataaol.com Bellapatelpa{a�aol.com
LARRY H.RAY,COLLIER COUNTY TAX Ta
COLLECTOR
c/o Carlos A, Kelly,Esq,
carlos.kelly@henlaw.com32
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IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY,FLORIDA a
COLLIER COUNTY BOARD OF COUNTY Y
COMMISSIONERS,a political subdivision of
the State of Florida,
Petitioner, I
Case No.: 16-CA-1200 -'
v. PARCEL: 311FEE _
JOSEPH BARTOSZEK; CHERYL BARTOSZEK;
LARRY H. RAY, COLLIER COUNTY TAX c
COLLECTOR; YOSBANI MENDEZ; MIGUEL
PEREZ;JULISSA J. PEREZ;TICK-PIEW PENG;
HERMELINDA PENG;Bobbie Davenport,f/k/a o
Bobbie Gruninger; Kevin Mouchou;Mortgage
Electronic Registration Systems, Inc,;Summit p
Mortgage Corporation; Wells Fargo Home a
Mortgage; and Florida Power&Light; co
[Respondents indicated by italics are dismissed] cn
Respondents. °
STIPULATED ORDER OF TAKING AND FINAL JUDGMENT FOR PARCEL 311FEE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, TICK-PIEW PENG; HERMELINDA o
o.
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PENG; AND LARRY H.RAY,COLLIER COUNTY TAX COLLECTOR,by and through their o`.
Exhibit"1" to Joint Motion for Stipulated Order of Taking and Final Judgment as
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undersigned counsel, for entry of a Stipulated Order of Taking and Final Judgment as to Parcel
311FEE for Project No, 60145, and it appearing to the Court that proper notice was given to the
parties having any equity, lien, title or other interest in or to the real property described therein,
To
and the Court being otherwise fully advised in the premises thereof,it is thereupon
ORDERED AND ADJUDGED that:
1. The Court has jurisdiction of this cause, the parties hereto and the subject matter c~n
hereof.
2. The pleadings in this cause are sufficient and the Petitioner is properly exercising
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its delegated authority.
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3. The property described herein as Parcel 311 FEE is being acquired for a public
purpose and is reasonably necessary to serve this public purpose. co
4. The Declaration of Taking and Estimate of Value filed in this cause by the
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Petitioner was made in good faith and based on a valid appraisal. _
5. Respondents TICK-PIEW PENG and HERMELINDA PENG, shall recover from =
Petitioner COLLIER COUNTY, the total sum of Fifty Thousand and No/100 Dollars a
($50,000.00) as full compensation for the property interest taken and for any damages resulting
to the remainder, if less than the entire property was taken, and for all other damages, statutory
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interest, attorney's fees and costs, and expert fees and costs in connection with in connection a
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with Parcel 311FEE. .°
6. Respondent LARRY H. RAY, COLLIER COUNTY TAX COLLECTOR, shall
recover from Petitioner COLLIER COUNTY, the total sum of One Hundred Nine and 29/100
Dollars ($109.29) in satisfaction of ad valorem taxes due on Parcel 311FEE as of the date of this N
Order. 2
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Exhibit"1" to Joint Motion for Stipulated Order of Taking and Final Judgment
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7. The right and title to the fee simple interest of Parcel 31LFEE, being fully
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described in Exhibit "A" attached hereto and incorporated herein, will vest in Petitioner
COLLIER COUNTY as of the date of this Order. it
8. Within twenty(20) days from the date of this Order,Petitioner shall pay a sum of
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Fifty Thousand and No/100 Dollars ($50,000.00) to Respondents TICK-PIEW PENG and in
HERMELINDA PENG, in care of and made payable to Bella Y. Patel, P.A., 13026 Waterford
Run Drive,Riverview,FL 33569. .
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9. Within twenty (20) days from the date of this Order, Petitioner shall pay a sum of >,
One Hundred Nine and 29/100 Dollars ($109.29) to Respondent LARRY H. RAY, COLLIER
COUNTY TAX COLLECTOR, in care of and made payable to Collier County Tax Collector, -Ear
c/o Collier County Tax Collector, Legal Department, 3291 East Tamiami Trail, Naples, FL
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10. This Stipulated Final Judgment disposes of all claims arising out of the taking of c
Parcel 311 FEE and that have or could have been asserted in this cause.
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11. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 5293, Page 2431 of the Public Records of Collier County, Florida is hereby a
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released as to Parcel 311FEE, a
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12, The Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
13, This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County,Florida. y
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Exhibit"1"to Joint Motion for Stipulated Order of Taking and Final Judgment
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DONE AND ORDERED in Naples,Collier County, Florida,this 22"day of November,
2016.
HONORABLE LAUREN L.BRODIE
CIRCUIT COURT JUDGE
Conformed Copies to: �!?
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Jennifer A,Belpedio,Esq., Co-Counsel for Petitioner,jenniferbelpedio(a?,colliergov.net
Bella Y. Patel,Esq.,Counsel for Respondents TICK-PIEW PENG and HERMELINDA PENG,
Bellapatelpa@aol.com r
Carlos A.Kelly,Esq., Counsel for Interested Parry Respondent LARRY H RAY, COLLIER �.
COUNTY TAX COLLECTOR, carlos.kelly@henlaw.com
henlaw.com
Kevin Hendricks,Transportation ROW Acquisition Manager,kevinhendricks@colliergov.net
colliergov.net
Clerk's Office,Accounting
16-CA-1200/397
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Exhibit"1"to Joint Motion for Stipulated Order of Taking and Final Judgment
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LEGAL DESCRIPTIONS: PARCELS 310FEE &311 FEE
(FEE SIMPLE INTERESTS)
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31 j FEE: The East 75 feet of Tract 153, Golden Gate Estates Unit No, Y
51, according to the plat thereof, as recorded in Plat Book 5, Pages E
84 and 85, of the public records of Collier County, Florida, Folio No.
39394840008.
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AERIAL PHOTO OF PENG PROPERTY
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