Agenda 01/24/2017 Item #16K401/24/2017
EXECUTIVE SUMMARY
Recommendation to approve a proposed Stipulated Order of Taking and Final Judgment in the
amount of $15,631 for Parcel 365RDUE in the case styled Collier County v. Steven A. Edwards, et al.,
Case No. 16-CA-1327, required for the expansion of Golden Gate Blvd. From 20th Street East to
east of Everglades Blvd., Project No. 60145. (Fiscal Impact: $15,631)
OBJECTIVE: To settle the amount of full compensation, including attorneys’ fees, and obtain title of
Parcel 365RDUE, condemned as part of the expansion of Golden Gate Blvd. From 20th Street East to east
of Everglades Blvd., Project No. 61045, hereinafter referred to as the “Project.”
CONSIDERATIONS: Parcel 365RDUE is a right-of-way roadway and drainage utility easement,
approximately 2,475 square feet on the north side of Golden Gate Blvd. East owned by Felix Iglesias and
Petra Y. Diaz. 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 26, 2016. On
September 27, 2016, the Board approved an Easement Agreement for this parcel in the total amount of
$13,112, which included $2,112 for attorneys’ fees. A subordination agreement from the lender required
for the closing was unable to be obtained. CAO staff worked with the attorney for the owners and the
lenders and negotiated the attached proposed Stipulated Order of Taking and Final Judgment. The
attorney for the owners is requesting an additional $2,519 for fees incurred in negotiating the proposed
Stipulated Final Judgment. These additional attorney fees are authorized by Section 73.092(2), Florida
Statutes. CAO staff has reviewed the invoice for additional attorneys’ fees and finds the amount
reasonable.
The County Attorney’s Office and Staff recommend approval of this proposed Stipulated Order of Taking
and Final Judgment since a better result is not anticipated at trial. Upon approval, the County Attorney’s
Office will file the Joint Motion with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $15,631 will be paid from gas taxes and/or impact fees from
Golden Gate Blvd. 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.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
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 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 and Stipulated Order of Taking and Final Judgment (PDF)
2. Aerial Photograph of Parcel 365RDUE (PDF)
16.K.4
Packet Pg. 1074
01/24/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Item Summary: Recommendation to approve a proposed Stipulated Order of Taking and Final
Judgment in the amount of $15,631 for Parcel 365RDUE in the case styled Collier County v. Steven A.
Edwards, et al., Case No. 16-CA-1327, required for the expansion of Golden Gate Blvd. from 20th Street
East to east of Everglades Blvd., Project No. 60145. (Fiscal Impact: $15,631)
Meeting Date: 01/24/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
01/17/2017 3:45 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
01/17/2017 3:45 PM
Approved By:
Review:
Growth Management Department Lisa Taylor Additional Reviewer Completed 01/18/2017 9:06 AM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 01/18/2017 11:19 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 01/18/2017 12:54 PM
Growth Management Department Gene Shue Additional Reviewer Completed 01/18/2017 2:06 PM
Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 01/18/2017 2:08 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 01/18/2017 2:09 PM
County Attorney's Office Debbie Allen Level 2 Attorney of Record Review Skipped 01/18/2017 3:36 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/18/2017 3:40 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/18/2017 3:41 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 01/18/2017 3:55 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/18/2017 4:10 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/24/2017 9:00 AM
16.K.4
Packet Pg. 1075
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, a political subdivision of
the State of Florida,
Petitioner,
v.
Case No.: 16-CA-1327
PARCEL: 365RDUE
STEVEN A. EDWARDS; Carlos R. Morales;
Jorge E. Morales,. The Estate of Corabell D. Morales;
OSTIN STINFILA, a/lc/a OSTIN STINFIL;
YONEL JOSEPH; FELIX IGLESIAS, a/k/a FELIX
IGLESIA; BANK OF NEW YORK, as trustee for the
certificate holders CWABS, Inc., Asset backed certificates,
Series 2005-7; LHR, INC., as successor in interest to First
Equity Card; MIDLAND FUNDING, LLC; NAPLES HMA,
LLC, d/b/a PHYSICIANS REGIONAL MEDICAL CENTER;
Collier County Board of County Commissioners;
PETRA Y. DIAZ; DEUTSCHE BANK NATIONAL TRUST
COMPANY, as as trustee for GSAMP Trust 2005-WMC3;
OCWEN LOAN SERVICING, LLC, as servicer of Deutsche
Bank National Trust Company; EDWARD BOCK; and
WILLIAM A. VINES;
Respondents.
[Respondents reflected in italics indicate
resolution through Dismissal or Final Judgment]
PETITIONER COLLIER COUNTY, RESPONDENTS FELIX IGLESIAS AND
PETRA Y. DIAZ, INTERESTED PARTY RESPONDENTS DEUTSCHE BANK
NATIONAL TRUST COMPANY AND OCWEN LOAN SERVICING, LLC'S
JOINT MOTION FOR STIPULATED ORDER OF TAKING AND FINAL JUDGMENT
AS TO PARCEL 365RDUE
COMES NOW, Petitioner COLLIER COUNTY, FLORIDA, together with Respondents
FELIX IGLESIAS and PETRA Y. DIAZ, Interested Party Respondents DEUTSCHE BANK
NATIONAL TRUST COMPANY and OCWEN LOAN SERVICING, LLC, by and through
undersigned counsel, and hereby move for entry of a Stipulated Order of Taking and Final
Judgment as to Parcel 365RDUE, attached hereto as Exhibit "1".
16.K.4.a
Packet Pg. 1076 Attachment: Proposed Joint Motion and Stipulated Order of Taking and Final Judgment (2598 : Stipulated Order of Taking and Final Judgment -
JENNIFER A. BELPEDIO, ESQ.
Florida Bar No. 186030
Collier County Attorney's Office
3299 East Tamiarni Trail, Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
CO-COUNSEL FOR PETITIONER
jenniferbelpediogeolliergov.net
colleengreene@colliergov.net
nancybradleya,colliergov.net
ETH A. JONES, ESQ.
Florida Bar No. 200158
Roetzel & Andress, LPA
2320 First Street, Suite 1000
Fort Myers, FL 33901
Telephone: (239) 337-3850
COUNSEL FOR RESPONDENTS
FELIX EGLESIAS and PETRA Y. DIAZ
kjones@ralaw.com
serve.kjonesAralaw.eom
CLIFFORD KLEIN, ESQ.
Florida Bar No. 84394
Clarfield, Okon, Solomone & Pincus
500 S. Australian Ave., Suite 730
West Palm Beach, FL 33401-6237
Telephone: (561) 713-1400
COUNSEL FOR INTERESTED PARTY RESPONDENTS
DEUTSCHE BANK NATIONAL TRUST COMPANY
and
OCWEN LOAN SERVICING, LLC
cklein@cosplaw.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the' 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, or by U.S. Mail, postage prepaid, to parties as
indicated on the Service List below on this day of November, 2016.
BY:
JENNIFER A. BELPEDIO ESQ.
SERVICE LIST •
PARCEL 365RDUE
FELIX E. IGLESIAS
c/o Kenneth A. Jones, Esq.
kjones@ralaw.com
PETRA Y. DIAZ
c/o Kenneth A. Jones, Esq.
kjones@ralaw.com
DEUTSCHE BANK NATIONAL TRUST
COMPANY, as trustee for GSAMP Trust
2005-WMC3; c/o OCWEN Loan Servicing,
LLC; c/o Cliff Klein, Esq.
cklein@cosplaw.com
OCWEN LOAN SERVICING, LLC, as
Servicer of Deutsche Bank National Trust
Company; c/o Cliff Klein, Esq.
cklein@cosplaw.com
16.K.4.a
Packet Pg. 1077 Attachment: Proposed Joint Motion and Stipulated Order of Taking and Final Judgment (2598 : Stipulated Order of Taking and Final Judgment -
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, a political subdivision of
the State of Florida,
Petitioner,
v.
Case No.: 16-CA-1327
PARCEL: 365RDUE
STEVEN A. EDWARDS; Carlos R. Morales;
Jorge E. Morales,. The Estate of Corabell D. Morales;
OSTIN STINFILA, a/lc/a OSTIN STINFIL;
YONEL JOSEPH; FELIX IGLESIAS, a/lc/a FELIX
IGLESIA; BANK OF NEW YORK, as trustee for the
certificate holders CWABS, Inc., Asset backed certificates,
Series 2005-7; LHR, INC., as successor in interest to First
Equity Card; MIDLAND FUNDING, LLC; NAPLES HMA,
LLC, d/b/a PHYSICIANS REGIONAL MEDICAL CENTER;
Collier County Board of County Commissioners;
PETRA Y. DIAZ; DEUTSCHE BANK NATIONAL TRUST
COMPANY, as as trustee for GSAMP Trust 2005-WMC3;
OCWEN LOAN SERVICING, LLC, as servicer of Deutsche
Bank National Trust Company; EDWARD BOCK; and
WILLIAM A. VINES;
Respondents.
[Respondents reflected in italics indicate
resolution through Dismissal or Final Judgment]
STIPULATED ORDER OF TAKING AND FINAL JUDGMENT
AS TO PARCEL 365RDUE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, Respondents, FELIX IGLESIAS, and PETRA Y. DIAZ, and
Interested Party Respondents DEUTSCHE BANK NATIONAL TRUST COMPANY and
OCWEN LOAN SERVICING, LLC, by and through their undersigned counsel, for entry of a
Exhibit "1" to Joint Motion for Stipulated Order of Taking & Final Judgment
16.K.4.a
Packet Pg. 1078 Attachment: Proposed Joint Motion and Stipulated Order of Taking and Final Judgment (2598 : Stipulated Order of Taking and Final Judgment -
Stipulated Order of Taking and Final Judgment as to Parcel 365RDUE 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, 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
hereof.
2. The pleadings in this cause are sufficient and the Petitioner is properly exercising
its delegated authority.
3. The property described herein as Parcel 365RDUE is being acquired for a public
purpose and is reasonably necessary to serve this public purpose.
4. The Amended Declaration of Taking and Estimate of Value filed in this cause by
the Petitioner was made in good faith and based on a valid appraisal.
5. As of the date of this Order, the right, title and interest described in Exhibit "A"
attached hereto and made a part hereof by reference shall vest in Petitioner, COLLIER
COUNTY, FLORIDA.
6. Respondents FELIX IGLESIAS and PETRA Y. DIAZ, shall recover from
Petitioner COLLIER COUNTY, the total sum of Eleven Thousand Dollars and No/100
Dollars ($11,000.00) as full compensation for the property interest taken and for any damages
resulting to the remainder, if less than the entire property was taken, statutory interest, and expert
fees in connection with Parcel 365RDUE.
Exhibit "1" to Joint Motion for Stipulated Order of Taking & Final Judgment
16.K.4.a
Packet Pg. 1079 Attachment: Proposed Joint Motion and Stipulated Order of Taking and Final Judgment (2598 : Stipulated Order of Taking and Final Judgment -
7. Within twenty (20) days from the date of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay Respondents FELIX IGLESIAS, and PETRA Y. DIAZ, the
total sum of Five Thousand and Sixty One Dollars and 64/100 Dollars ($5,061.64), payable to
Roetzel & Andress Trust Account, c/o Kenneth A. Jones, Esq., 2320 First Street, Suite 1000,
Fort Myers, FL 33907.
8. Within twenty (20) days from the date of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Four Thousand Six Hundred Thirty One
Dollars and 00/100 Dollars ($4,631.00), payable to Roetzel & Andress Trust Account, c/o
Kenneth A. Jones, Esq., 2320 First Street, Suite 1000, Fort Myers, FL 33907, for all attorney's
fees and expert costs, and no other attorney's fees or costs or expert fees and costs shall be
awarded in this case; it is further
9. Within twenty (20) days from the date of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay Interested Party Respondents DEUTSCHE BANK NATIONAL
TRUST COMPANY and OCWEN LOAN SERVICING, LLC the total sum of Five Thousand
Nine Hundred Thirty Eight and 36/100 Dollars ($5,938.36), payable to to Clarfield, Okon,
Solomone & Pincus Trust Account, c/o Clifford Klein, Esq., 500 S. Australian Ave., Suite 730,
West Palm Beach, FL 33401-6237.
10. This Stipulated Order of Taking and Final Judgment disposes of all claims arising
out of the taking of Parcel 365RDUE and that have or could have been asserted in this cause.
11. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 5299, Page 942 of the Public Records of Collier County, Florida is hereby released
as to Parcel 365RDUE.
12. The Court reserves jurisdiction to enforce the terms of this Stipulated Order of
Taking and Final Judgment.
Exhibit "1" to Joint Motion for Stipulated Order of Taking & Final Judgment
16.K.4.a
Packet Pg. 1080 Attachment: Proposed Joint Motion and Stipulated Order of Taking and Final Judgment (2598 : Stipulated Order of Taking and Final Judgment -
13. This Stipulated Order of Taking and Final Judgment is to be recorded in the
Official Records of Collier County, Florida.
DONE AND ORDERED in Naples, Collier County, Florida, this day of January,
2017.
THE HONORABLE LAUREN L. BRODIE
Circuit Court Judge
Conformed Copies to:
Jennifer A. Belpedio, Esq., Counsel for PETITIONER, ienniferbelpedio@colliergov.net
Kenneth A. Jones, Esq., Counsel for Respondents FELIX IGLESIAS, and PETRA Y. DIAZ,
kjones@ralaw.com
Clifford Klein, Esq., Counsel for Interested Party Respondents DEUTSCHE BANK
NATIONAL TRUST COMPANY and OCWEN LOAN SERVICING, LLC,
cklein@cosplaw.com
Clerk's Accounting
Exhibit "1" to Joint Motion for Stipulated Order of Taking & Final Judgment
16.K.4.a
Packet Pg. 1081 Attachment: Proposed Joint Motion and Stipulated Order of Taking and Final Judgment (2598 : Stipulated Order of Taking and Final Judgment -
viEsT 165 0r
TRACI 127
]CLISA5 & otAZ
ofi tsJr/J?gz
PIERRE & ,JOS€PH
oR J6J4/541
EXHIBIT'A"
Page 15 of 20
N
TRICITRACT 126 IRACT '127
COLDEN GAIE ESIATES
UNTT 76
PtAt 800K $ PtGg 15
I
I
@row Y EAsEr€iat
PAACSL J65 ROUE
corDEN dAlE SOU|E ARo (CR 876)
I
oN oFFrclAL RECORoS (B0OK/PA6€)
[$ r,nclosro RoADwAy. DnlNAct ^No r]T,Lrrr fAs:utN1 (Rour)
| / /1 txtsltNo qoAD$aY iAs[vfM DIOICATEo IO rFE FERPrIL^I
r. /. / usE 0F rHE liuBL,c FIR pLqT B00t( 5, pAct l]
TEC{L D€SCRIF-DO}I TOR PTFCfl 565 RDTJE
A PORIIOII OF TRnfi 127, COLOEN SA'rt ESTATES. UNIT 76 AS RECORDEO IN PIAT BOOK 5, PACE 1J OF TIII
PUALTC RTCOROS Of COL.LIER COUNTY. FLORIDA, LYINC rN SEClOfi 6, TOYiIIS) P 49 SOUTH. FANGE 2E tASr,
coL.Lr:n couNTY. aLoRroA, EtlNG MoaE PAmrculARLY o[sCRIAED A5 fOLLOyyS.
Tr-tE NORTh 15 fftl 0F rHt SOUTiI 85 rgFr 0r thf wtsr 165 F€rr oF vro TR cT 127.
CON-,ANING 2,475 SOUART FirI, MORL OR LESS.
sr(ErcH * o€scRrPTron oNLY
NOT A BOTINDARY SURVEY
roii colllEn couhly 6oveR\nfiw EorrBo of co\JNtt cotl,lssloriERs
coLDIt{ CiTA EOULEVAn)
sXtTC t? DSSCfIPTION o?: PROPoSID R0 I]ltAY tlst]lltfl
P1RCEL 366 RDUE
COI.IJEA COU|fTT. FLORI.DA
D\IIA*uuI9i'Y"'IHa gffi*
rlr.a* ficrt 910l
t6ft: @t rt {6rt f.r €9) rr{ar
t50217.00.00 oo07
nwrsrolrSECiON
6 49 28
DATE
F€8. 2006 5.R
fttf N^t/|t
uri76 SXJ65
Sfll:Ll
torl
Exhibit "1" to Joint Motion for Stipulated Order of Taking & Final Judgment
16.K.4.a
Packet Pg. 1082 Attachment: Proposed Joint Motion and Stipulated Order of Taking and Final Judgment (2598 : Stipulated Order of Taking and Final Judgment
AERIAL PHOTO OF IGLESIAS PROPERTY SHOWING EXIST. & PROP. ROW
EXISTING ROW
PROPOSED ROW
-
16.K.4.b
Packet Pg. 1083 Attachment: Aerial Photograph of Parcel 365RDUE (2598 : Stipulated Order of Taking and Final Judgment - CC v. Edwards - 16-CA-1327)