Agenda 02/28/2017 Item #16K 602/28/2017
EXECUTIVE SUMMARY
Recommendation to accept a Mediated Settlement Agreement and approve a proposed Stipulated
Final Judgment for the taking of Parcel 268RDUE required for the Golden Gate Blvd. Project No.
60040 (west of 18th St. E. to east of Everglades Blvd.), in the pending case styled Collier County v.
Taimy Morales, et al., Case No. 15-CA-0393. (Fiscal Impact: $36,113)
OBJECTIVE: To accept a Mediated Settlement Agreement and approve a proposed Stipulated Final
Judgment for the taking of Parcel 268RDUE required for the Golden Gate Blvd. Project No. 60040 (west
of 18th St. E. to east of Everglades Blvd.).
CONSIDERATIONS: On June 10, 2014, the Board authorized the condemnation of Parcel 268RDUE
in order to construct roadway, drainage and utility improvements required for the expansion of Golden
Gate Blvd. from west of 18th St. E. To east of Everglades Blvd. On July 30, 2015, the Court entered an
Order of Taking for the required property and the County subsequently deposited a good faith estimate of
value in the amount of $8,500.00 into the Court Registry. The Road Right -of-way Drainage and Utility
Easement, approximately 6,450 square feet in size, was taken from property owned by Luis and Yolanda
LeBron. An aerial photograph of the subject property is attached to this item for reference.
At the Court Ordered Mediation held February 10, 2017, the owners, through their representatives and
counsel, presented their demand for damages based on an independent engineering report, and the County
countered with its own expert reports and staff experience. The County Attorney’s Office and
Transportation staff recommends the Board accept the attached Mediated Settlement Agreement and
approve the attached proposed Stipulated Final Judgment since a better r esult is not anticipated at Trial.
The Court has set a Judicial Status Conference in this case for March 29, 2017. If this item is accepted
and approved, the County will be obligated to pay an additional $36,113 over the amount already
deposited; this amount includes all damages, attorneys and experts fees and costs. Upon approval, the
County Attorney’s Office will file the Joint Motion with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $36,113 are available in the Golden Gate Blvd.
Transportation Capital Improvement 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: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - JAB
RECOMMENDATION: To accept a Mediated Settlement Agreement and approve a proposed
Stipulated Final Judgment in the pending case styled Collier County v. Taimy Morales, et al., Case No.
15-CA-0393, for the taking of Parcel 268RDUE required for the Golden Gate Blvd. Project No. 60040
(west of 18th St. E. to east of Everglades Blvd.).
Prepared by: Jennifer A. Belpedio, Assistant County Attorney
ATTACHMENT(S)
1. Mediated Settlement Agreement (PDF)
16.K.6
Packet Pg. 1462
02/28/2017
2. Aerial Photograph of Parcel 268RDUE (PDF)
3. Proposed Stipulated Final Judgment parcel 268 (PDF)
16.K.6
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02/28/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Doc ID: 2735
Item Summary: Recommendation to accept a Mediated Settlement Agreement and approve a
proposed Stipulated Final Judgment for the taking of Parcel 268RDUE required for the Golden Gate
Blvd. Project No. 60040 (west of 18th St. E. to east of Everglades Blvd.), in the pending case styled
Collier County v. Taimy Morales, et al., Case No. 15-CA-0393. (Fiscal Impact: $36,113)
Meeting Date: 02/28/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
02/14/2017 10:52 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
02/14/2017 10:52 AM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 02/14/2017 11:07 AM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 02/14/2017 12:10 PM
Growth Management Department Gene Shue Additional Reviewer Completed 02/14/2017 4:59 PM
Growth Management Department Jeanne Marcella Level 1 Division Reviewer Completed 02/15/2017 8:11 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 02/15/2017 3:46 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 02/15/2017 3:49 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 02/16/2017 9:34 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/16/2017 9:59 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/16/2017 2:48 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 02/17/2017 3:58 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/19/2017 11:56 AM
Board of County Commissioners MaryJo Brock Meeting Pending 02/28/2017 9:00 AM
16.K.6
Packet Pg. 1464
16.K.6.a
Packet Pg. 1465 Attachment: Mediated Settlement Agreement (2735 : Mediated Settlement Agreement - Taimy Morales - Case No. 15-CA-0393 - project 60040 -
16.K.6.a
Packet Pg. 1466 Attachment: Mediated Settlement Agreement (2735 : Mediated Settlement Agreement - Taimy Morales - Case No. 15-CA-0393 - project 60040 -
LOCATION MAP
PARCEL 268RDUE - GOLDEN GATE BOULEVARD PROJECT NO. 60040
(Not to Scale)
PROPOSED EASEMENT
PARCEL 268RDUE
EXISTING 50 FT. ROAD
EASEMENT PER PLAT
16.K.6.b
Packet Pg. 1467 Attachment: Aerial Photograph of Parcel 268RDUE (2735 : Mediated Settlement Agreement - Taimy Morales - Case No. 15-CA-0393 - project
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 Florida,
Petitioner,
v. Case No.: 15-CA-0393
PARCEL: 268RDUE
Taimy Morales; Joanne Marin; LUIS LEBRON;
YOLANDA LEBRON; Florida Community
Bank; BONIFACIO CRUZ; and
PERFECTA GOMEZ CRUZ; Tilberto Gonzales;
Respondents.
[Respondents & Parcels reflected in italics indicate
resolution through Dismissal or Final Judgment]
__________________________________________/
PETITIONER COLLIER COUNTY AND RESPONDENTS LUIS LEBRON AND
YOLANDA LEBRON’S JOINT MOTION FOR STIPULATED FINAL JUDGMENT
AS TO PARCEL 268RDUE
COMES NOW, Petitioner COLLIER COUNTY, FLORIDA, and Respondents LUIS
LEBRON and YOLANDA LEBRON, by and through undersigned counsel, and hereby jointly
and respectfully move this Honorable Court for entry of the proposed Stipulated Final Judgment
Order as to Parcel 268RDUE, attached hereto as Exhibit “1”.
____________________________________
JENNIFER A. BELPEDIO, ESQ.
Florida Bar No. 186030
Collier County Attorney’s Office
3299 East Tamiami Trail, Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
CO-COUNSEL FOR PETITIONER
jenniferbelpedio@colliergov.net
colleengreene@colliergov.net
nancybradley@colliergov.net
____________________________________
KENNETH 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
LUIS LEBRON and YOLAND LEBRON
kjones@ralaw.com
serve.kjones@ralaw.com
16.K.6.c
Packet Pg. 1468 Attachment: Proposed Stipulated Final Judgment parcel 268 (2735 : Mediated Settlement Agreement - Taimy Morales - Case No. 15-CA-0393 -
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for 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 February, 2017.
BY: ______________________________
JENNIFER A. BELPEDIO, ESQ.
SERVICE LIST
COLLIER COUNTY V. TAIMY MORALES, ET AL.,
Case No. 15-CA-0393
PARCEL 268RDUE
LUIS LEBRON and YOLANDA LEBRON
c/o Kenneth A. Jones, Esq.
kjones@ralaw.com
serve.kjones@ralaw.com
Florida Community Bank [default]
15-CA-393/636
16.K.6.c
Packet Pg. 1469 Attachment: Proposed Stipulated Final Judgment parcel 268 (2735 : Mediated Settlement Agreement - Taimy Morales - Case No. 15-CA-0393 -
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 Florida,
Petitioner,
v. Case No.: 15-CA-0393
PARCEL: 268RDUE
Taimy Morales; Joanne Marin; LUIS LEBRON;
YOLANDA LEBRON; FLORIDA
COMMUNITY BANK; BONIFACIO CRUZ; and
PERFECTA GOMEZ CRUZ; Tilberto Gonzales;
Respondents.
[Respondents & Parcels reflected in italics indicate
resolution through Dismissal or Final Judgment]
__________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 268RDUE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, LUIS LEBRON, and YOLANDA
LEBRON, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as
to Parcel 268RDUE 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, LUIS LEBRON and YOLANDA LEBRON, and
the Court being otherwise fully advised in the premises thereof, it is thereupon
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.6.c
Packet Pg. 1470 Attachment: Proposed Stipulated Final Judgment parcel 268 (2735 : Mediated Settlement Agreement - Taimy Morales - Case No. 15-CA-0393 -
ORDERED AND ADJUDGED that Respondents, LUIS LEBRON, and YOLANDA
LEBRON, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of
Thirty Two Thousand and No/100 Dollars ($32,000.00) for Parcel 268RDUE, as full payment
for the property interest taken and for damages resulting to the remainder, if less than the entire
property was taken, and for all other damages, in connection with said parcel; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for
the good faith estimate of value previously deposited in the amount of Eight Thousand Five
Hundred and No/100 Dollars ($8,500.00), as payment for acquisition of Parcel 268RDUE, at
which time title to said parcel as described in Exhibit “A” vested in the name of the Petitioner; it
is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay $8,613.00 to
Respondents for all attorneys’ fees and costs; and $4,000 for all experts’ fees and costs; for a
total sum of $12,613.00; and no other attorneys and experts fees and costs shall be awarded in
this case; it is further
ORDERED that within thirty (30) days hereof, Petitioner shall pay the total sum of
Thirty Six Thousand One Hundred Thirteen and No/100 Dollars ($36,113.00), to Roetzel &
Andress, LPA, c/o Kenneth A. Jones, Esq., 2320 First Street, Suite 1000, Fort Myers, FL 33907,
in additional funds over the amount previously deposited into the Court Registry; it is further
ORDERED that this Order disposes of all claims arising out of the taking of Parcel
268RDUE and that have or could have been asserted in this cause; it is further
ORDERED that the road right-of-way, drainage and utility easement interest to Parcel
268RDUE, being fully described in Exhibit “A” attached hereto and incorporated herein, which
vested in Petitioner pursuant to the Order of Taking dated July 30, 2015, and the deposit of
money heretofore made, is approved, ratified, and confirmed; it is further
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.6.c
Packet Pg. 1471 Attachment: Proposed Stipulated Final Judgment parcel 268 (2735 : Mediated Settlement Agreement - Taimy Morales - Case No. 15-CA-0393 -
ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled
cause and recorded in Official Record Book 5125, Page 734 of the Public Records of Collier
County, Florida be dismissed as to Parcel 268RDUE; it is further
ORDERED that the Court reserves jurisdiction to enforce the terms of this Stipulated
Final Judgment; it is further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records
of Collier County, Florida; it is further
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this
day of ______________, 2017.
_______________________________________
THE HONORABLE LAUREN L. BRODIE
Circuit Court Judge
Conformed Copies to:
Jennifer A. Belpedio, Esq., Co-Counsel for PETITIONER, jenniferbelpedio@colliergov.net
Kenneth A. Jones, Esq., Counsel for Respondents LUIS LEBRON & YOLANDA LEBRON,
kjones@ralaw.com
Clerk’s Office, Accounting
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.6.c
Packet Pg. 1472 Attachment: Proposed Stipulated Final Judgment parcel 268 (2735 : Mediated Settlement Agreement - Taimy Morales - Case No. 15-CA-0393 -
1' EXHIBIT "A"
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1fTRACT59TRACT 60 TRACT 61
GOLDEN GATE ESTATES
A UNIT 51x
I PLAT BOOK 5 PAGE 84
1
WEST 150 OF
TRACT 60
LE BRON ViLLAIWZAR
OR 2073/1047 OR 2827/2410
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SQ. FT. SQUARE FEET
OR OFFICIAL RECORDS (BOOK/PAGE) TEcm-ROW
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1 EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 84
LEGAL DESCRIPTION FOR PARCEL 268 ROUE
A PORTION OF TRACT 60. GOLDEN GATE ESTATES. UNIT 51 AS RECORDED IN PLAT BOOK 5. PAGE 84 OF THE PUBLIC
RECORDS OF COLLIER COUNTY. FLORIDA, LYING IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER
COuNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
INC SOUTH 43 FEET OF THE NORTH 93 FEET OF THE WEST 150 FEET OF SAID TRACT 60
CONTAINING 6,450 SQUARE FEET, MORE OR LESS.
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16.K.6.c
Packet Pg. 1473 Attachment: Proposed Stipulated Final Judgment parcel 268 (2735 : Mediated Settlement Agreement - Taimy Morales - Case No. 15-CA-0393 -