Agenda 02/28/2017 Item #16K 902/28/2017
EXECUTIVE SUMMARY
Recommendation to approve a proposed Stipulated Final Judgment for the taking of Parcel
239DAME required for LASIP Project No. 51101, (Crews Road, Cope Lane and Sandy Lane/Wing
South Interconnect), in the pending case styled Collier County v. John Lespade, et al., Case No. 14-
CA-2316. (Fiscal Impact: $18,557)
OBJECTIVE: To approve a proposed Stipulated Final Judgment for the taking of Parcel 239DAME
required for the LASIP Project No. 51101, (Crews Road, Cope Lane and Sandy Lane/Wing South
Interconnect).
CONSIDERATIONS: On June 11, 2013, the Board of County Commissioners (Board) authorized the
condemnation of Parcel 239DAME in order to construct stormwater improvements as part of the Lely
Area Stormwater Improvement Project (“LASIP”). On January 8, 2015, the court entered a Stipulated
Order of Taking for the required property and the County subsequently deposited a good faith estimate of
value in the amount of $9,700 into the Court Registry. The perpetual, non-exclusive Drainage, Access
and Maintenance Easement, approximately 9,900 square feet in size, was taken from property owned by
Michael and Deborah Lee. An aerial photograph of the subject property is attached to this item for
reference.
After an exchange and review of appraisals, the parties negotiated a tentative settlement, and were able to
avoid the cost of the Court Ordered Mediation scheduled for February 21, 2017. The County Attorney’s
Office (CAO) and Transportation staff recommends the Board approve the attached proposed Stipulated
Final Judgment since a better result is not anticipated at Trial. The Court has set a Judicial Status
Conference in this case for May 9, 2017. If the Board approves this item, the County will be obligated to
pay an additional $18,557 over the amount already deposited; this amount includes all damages, attorneys
and experts fees and costs. Upon approval, the CAO will file the Joint Motion with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $18,557 are available in the LASIP Project No. 51101,
(Crews Road, Cope Lane and Sandy Lane/Wing South Interconnect). The primary funding source for this
acquisition is within the Stormwater Capital Improvement Fund 325. Source of funds is transfers from
the General Fund (001) and Unincorporated Area General Fund (111).
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 approve a proposed Stipulated Final Judgment for the taking of Parcel
239DAME required for the LASIP Project No. 51101, (Crews Road, Cope Lane and Sandy Lane/Wing
South Interconnect), in the pending case styled Collier County v. John Lespade, et al., Case No. 14-CA-
2316.
PREPARED BY: Jennifer A. Belpedio, Assistant County Attorney
ATTACHMENT(S)
1. Aerial Photograph of Parcel 239DAME (DOCX)
2. Proposed Stipulated Final Judgment p 239 (PDF)
16.K.9
Packet Pg. 1519
02/28/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.9
Doc ID: 2765
Item Summary: Recommendation to approve a proposed Stipulated Final Judgment for the taking
of Parcel 239DAME required for LASIP Project No. 51101, (Crews Road, Cope Lane and Sandy
Lane/Wing South Interconnect), in the pending case styled Collier County v. John Lespade, et al., Case
No. 14-CA-2316. (Fiscal Impact: $18,557)
Meeting Date: 02/28/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
02/16/2017 2:08 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
02/16/2017 2:08 PM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 02/16/2017 2:11 PM
Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 02/16/2017 2:16 PM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 02/16/2017 2:28 PM
Capital Project Planning, Impact Fees, and Program Management Rookmin Nauth Additional Reviewer Completed 02/16/2017 2:32 PM
Growth Management Department Gene Shue Additional Reviewer Completed 02/16/2017 3:09 PM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 02/17/2017 9:50 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 02/17/2017 1:17 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 02/17/2017 2:34 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/17/2017 2:52 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 02/17/2017 3:32 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/17/2017 3:46 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/19/2017 12:06 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/28/2017 9:00 AM
16.K.9
Packet Pg. 1520
AERIAL PHOTO OF LEE PROPERTY & PARCEL 239DAME
-
PARCEL
239DAME
16.K.9.a
Packet Pg. 1521 Attachment: Aerial Photograph of Parcel 239DAME (2765 : Stipulated Final Judgment - John Lespade - 14-CA-2316 - project 51101 - parcel
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.: 14-CA-2316
PARCEL: 239DAME
John Lespade; Charlene Lespade; Building
Investmenet Corporation, a Florida Corporation;
Earl K. Oman Trustee, Unnamed Trust;
MICHAEL C. LEE; DEBORAH A. LEE; Wells
Fargo Bank, N.A.; S.D. Corporation of Naples,
Inc., as General Partner of Wing South
Development, Ltd., a Florida Limited Partnership,
Respondents.
[Respondents & Parcels reflected in italics indicate removal
from action by Dismissal, Final Judgment, or Default]
_____________________________________________/
PETITIONER COLLIER COUNTY AND RESPONDENTS MICHAEL C. LEE AND
DEBORAH A. LEE’S JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO
PARCEL 239DAME
COMES NOW, Petitioner COLLIER COUNTY, FLORIDA, together with Respondents
MICHAEL C. LEE and DEBORAH A. LEE, by and through undersigned counsel, and hereby
respectfully move for entry of the proposed Stipulated Final Judgment as to Parcel 239DAME,
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
COUNSEL FOR PETITIONER
jenniferbelpedio@colliergov.net
colleengreene@colliergov.net
nancybradley@colliergov.net
_________________________________
JOHN G. VEGA, ESQ.
Florida Bar No. 946265
John G. Vega, P.A.
2666 Airport Road South
Naples, FL 34112
Telephone: (239) 659-3251
COUNSEL FOR RESPONDENTS
MICHAEL C. LEE and
DEBORAH A. LEE
vegaoffice@gate.net
16.K.9.b
Packet Pg. 1522 Attachment: Proposed Stipulated Final Judgment p 239 (2765 : Stipulated Final Judgment - John Lespade - 14-CA-2316 - project 51101 - parcel
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated
Final Judgment as to Parcel 239DAME 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
PARCEL 239DAME
MICHAEL C. LEE and DEBORAH A. LEE
c/o John G. Vega, Esq.
vegaoffice@gate.net
Wells Fargo Bank, N.A. [dropped 12-04-14]
14-2316-CA/1156
16.K.9.b
Packet Pg. 1523 Attachment: Proposed Stipulated Final Judgment p 239 (2765 : Stipulated Final Judgment - John Lespade - 14-CA-2316 - project 51101 - parcel
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.: 14-CA-2316
PARCEL: 239DAME
John Lespade; Charlene Lespade; Building
Investmenet Corporation, a Florida Corporation;
Earl K. Oman Trustee, Unnamed Trust;
MICHAEL C. LEE; DEBORAH A. LEE; Wells
Fargo Bank, N.A.; S.D. Corporation of Naples,
Inc., as General Partner of Wing South
Development, Ltd., a Florida Limited Partnership,
Respondents.
[Respondents & Parcels reflected in italics indicate removal
from action by Dismissal, Final Judgment, or Default]
_____________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 239DAME
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, MICHAEL C. LEE, and DEBORAH A.
LEE, by and through counsel, for entry of a Stipulated Final Judgment as to Parcel 239DAME
for Project No. 51101, 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, MICHAEL C. LEE and DEBORAH A. LEE, 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.9.b
Packet Pg. 1524 Attachment: Proposed Stipulated Final Judgment p 239 (2765 : Stipulated Final Judgment - John Lespade - 14-CA-2316 - project 51101 - parcel
ORDERED AND ADJUDGED that Respondents, MICHAEL C. LEE, and DEBORAH
A. LEE, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of
Twenty Eight Thousand Two Hundred Fifty Seven and No/100 Dollars ($28,257.00) for
Parcel 239DAME, 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, attorneys’
fees and costs, and experts’ fees and costs, 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 Nine Thousand Seven
Hundred and No/100 Dollars ($9,700.00), as payment for acquisition of Parcel 239DAME, at
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 of entry of this Stipulated Final Judgment, the
Clerk shall disburse from the Court Registry the amount of Nine Thousand Seven Hundred
and No/100 Dollars ($9,700.00) to John G. Vega, P.A., c/o John G. Vega, Esq., 2666 Airport
Road South, Naples, FL 34112; it is further
ORDERED that within thirty (30) days hereof, Petitioner shall pay the total sum of
Eighteen Thousand Five Hundred Fifty Seven and No/100 Dollars ($18,557.00), to John G.
Vega, P.A., c/o John G. Vega, Esq., 2666 Airport Road South, Naples, FL 34112, 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
239DAME and that have or could have been asserted in this cause; it is further
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.9.b
Packet Pg. 1525 Attachment: Proposed Stipulated Final Judgment p 239 (2765 : Stipulated Final Judgment - John Lespade - 14-CA-2316 - project 51101 - parcel
ORDERED that the perpetual, non-exclusive Drainage, Access and Maintenance Easement
interest to Parcel 239DAME, being fully described in Exhibit “A” attached hereto and
incorporated herein, which vested in Petitioner pursuant to the Stipulated Order of Taking dated
January 8, 2015, and the deposit of money heretofore made, is approved, ratified, and confirmed;
it is further
ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled
cause and recorded in Official Record Book 5087, Page 3171 of the Public Records of Collier
County, Florida be dismissed as to Parcel 239DAME; 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., Counsel for PETITIONER, jenniferbelpedio@colliergov.net
John G. Vega, Esq., Counsel for Respondents MICHAEL C. LEE and DEBORAH A. LEE,
vegaoffice@gate.net
Clerk’s Accounting
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.9.b
Packet Pg. 1526 Attachment: Proposed Stipulated Final Judgment p 239 (2765 : Stipulated Final Judgment - John Lespade - 14-CA-2316 - project 51101 - parcel
Exhibit "1" to Joint Motion for Stipulated Final Judgment
16.K.9.b
Packet Pg. 1527 Attachment: Proposed Stipulated Final Judgment p 239 (2765 : Stipulated Final Judgment - John Lespade - 14-CA-2316 - project 51101 - parcel