Agenda 03/28/2017 Item #16K 103/28/2017
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $17,000 for the
taking of Parcel 239RDUE required for the Golden Gate Boulevard Project, Project No. 60040
(west of 16th St. E. to 18th St. E.), in the pending case styled Collier County v. Octavio M. Alfonso, et
al., Case No. 15-CA-0230. (Fiscal Impact: $15,290)
OBJECTIVE: To settle full compensation owed for the taking of Parcel 239RDUE required for the
Golden Gate Boulevard Project, Project No. 60040 (west of 16th St. E. to 18th St. E.).
CONSIDERATIONS: On June 10, 2014, the Board of County Commissioners (Board) authorized the
condemnation of Parcel 239RDUE in order to construct roadway, drainage and utility improvements
required for the four-laning of Golden Gate Blvd. from west of 16th St. E. to 18th St. E. On July 30, 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 $1,710 into the Court Registry. The Road
Right-of-way, Drainage and Utility Easement, approximately 1,500 square feet in size, was taken from
property owned by Jesse & Mary Ann Ybarra. An aerial photograph of the subject property is attached to
this item for reference.
The owners initially claimed over $50,000 for compensation for the taking. Through extensive
negotiations with opposing counsel, the County Attorney’s Office and Transportation staff reached a
settlement in the global amount of $17,000 inclusive of all attor ney’s fees and expert fees and costs. If
this item is approved, the Board will be obligated to pay an additional $15,290 over the previously
deposited amount in the Court Registry of $1,710.
The County Attorney’s Office and Transportation staff recommend that the Board approve this settlement
since a better result is not anticipated at trial. Upon approval, the County Attorney’s Office will file the
attached Joint Motion for Stipulated Final Judgment with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $15,290 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. - ERP
RECOMMENDATION: To approve a Stipulated Final Judgment in the total amount of $17,000 for the
taking of Parcel 239RDUE, required for the Golden Gate Boulevard Project, Project No. 60040 (west of
16th St. E. to 18th St. E.), in the pending case styled Collier County v. Octavio M. Alfonso, et al., Case No.
15-CA-0230.
Prepared by: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Proposed Stipulated Final Judgment parcel 239 (PDF)
03/28/2017
2. Aerial Photograph of Parcel 239RDUE (PDF)
03/28/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doc ID: 2917
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of
$17,000 for the taking of Parcel 239RDUE required for the Golden Gate Boulevard Project, Project No.
60040 (west of 16th St. E. to 18th St. E.), in the pending case styled Collier County v. Octavio M.
Alfonso, et al., Case No. 15-CA-0230. (Fiscal Impact: $15,290)
Meeting Date: 03/28/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
03/17/2017 1:55 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/17/2017 1:55 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 03/17/2017 2:12 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 03/17/2017 2:36 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 03/17/2017 5:31 PM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 03/20/2017 9:40 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 03/20/2017 9:47 AM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 03/20/2017 1:00 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/20/2017 1:10 PM
County Attorney's Office Scott Teach Level 3 County Attorney's Office Review Completed 03/20/2017 2:13 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 03/20/2017 2:53 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/20/2017 4:59 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/28/2017 9:00 AM
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 -230
OCTAVIO M. ALFONSO, ET AL., PARCEL: 239RDUE
Respondents.
PETITIONER COLLIER COUNTY AND RESPONDENTS JESSE YBARRA AND
MARY ANN YBARRA'S JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS
TO PARCEL 239RDUE
COMES NOW, Petitioner COLLIER COUNTY, FLORIDA, and Respondents JESSE
YBARRA and MARY ANN YBARRA, 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 239RDUE, attached hereto as Exhibit "1".
EMILY R. PEPIN, ESQ.
Florida Bar No. 92956
Collier County Attorney's Office
3299 East Tamiami Trail, Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
emilvpepinrit:colliergov.net
j_enniferbelpcdio'ibcollier og v.net
nancvbradlev/ei;colliergos- vmet
MEREDITH S. DELCAMP, ESQ.
Florida Bar No. 0016242
Buchanan, Ingersoll & Rooney, P.C.
401 E. Jackson St., Suite 2400
Tampa, FL 33602
Telephone: (813) 222-3337
COUNSEL FOR RESPONDENTS
JESSE YBARRA and
MARY ANN YBARRA
Meredith.delcamp(i�?bipe.com
Cyndi.d son'abipc.com
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 2017.
FVA
EMILY R. PEPIN, ESQ.
SERVICE LIST
COLLIER COUNTY V. OCTAVIO M. ALFONSO, ET AL.
Case No. 15 -CA -0230
JESSE YBARRA and MARY ANN YBARRA PNC BANK, N.A., successor to
c/o Meredith S. Delcamp, Esq. Community Bank of Naples, N.A.
meredith.delcampta)bipc.com 222 Delaware Avenue
cvndi.dyson(a�bipc.com Wilmington, DE 19899
15 -CA -230/1145
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 -230
OCTAVIO M. ALFONSO, ET AL., PARCEL: 239RDUE
Respondents.
STIPULATED FINAL JUDGMENT AS TO PARCEL 239RDUE
THIS CAUSE, having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, JESSE YBARRA and MARY ANN
YBARRA, by and through their counsel, for entry of a Stipulated Final Judgment as to Parcel
239RDUE 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, JESSE YBARRA, and MARY ANN YBARRA, and the
Court being otherwise fully advised in the premises thereof, it is thereupon
Exhibit "1" to Joint Motion for Stipulated Final Judgment
ORDERED AND ADJUDGED that Respondents, JESSE YBARRA, and MARY ANN
YBARRA, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of
Seventeen Thousand and No/100 Dollars ($17,000.00) for Parcel 239RDUE, 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, all attorneys' fees and costs, and all experts' fees
and costs; it is further
ORDERED that no further attorneys' and experts' fees and costs shall be awarded in this
case, in connection with Parcel 239RDUE, 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 One Thousand Seven
Hundred Ten and No/100 Dollars ($1,710.00), as payment for acquisition of Parcel 239RDUE,
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 One Thousand Seven Hundred Ten
and No/100 Dollars ($1,710.00) to Buchanan, Ingersoll & Rooney, PC, c/o Meredith Delcamp,
Esq., 401 E. Jackson St., Suite 2400, Tampa, FL 33602; it is further
ORDERED that within thirty (30) days of entry of this Stipulated Final Judgment,
Petitioner shall pay the total sum of Fifteen Thousand Two Hundred Ninety and No/100
Dollars ($15,290.00), to Buchanan, Ingersoll & Rooney, PC, c/o Meredith Delcamp, Esq., 401 E.
Jackson St., Suite 2400, Tampa, FL 33602; it is further
ORDERED that this Order disposes of all claims arising out of the taking of Parcel
239RDUE and that have or could have been asserted in this cause; it is further
Exhibit "1" to Joint Motion for Stipulated Final Judgment
ORDERED that the road right-of-way, drainage and utility easement interest to Parcel
239RDUE, being fully described in Exhibit "A" attached hereto and incorporated herein, which
vested in Petitioner pursuant to the Stipulated Order of Taking dated July 30, 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 5118, Page 2139 of the Public Records of Collier
County, Florida be dismissed as to Parcel 239RDUE; 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:
Emily R. Pepin, Esq., Counsel for PETITIONER, emilypepin i colliergov.net
Meredith S. Delcamp, Esq., Counsel for Respondents OCTAVIO M. ALFONSO, and
ZORAIDA L. ALFONSO, meredith.delcamp(a)bipe,com
Clerk's Office, Accounting
Exhibit "1" to Joint Motion for Stipulated Final Judgment
TRACT 110
0
WEST 75' OF
EAST 150' OF
TRACT 143
YBARRA
ALFONSO OR 1262/1299
OR 2393/2094
TRACT 143
GOLDEN GATE ESTATES
UNIT 49
PIAT BOOK 5 PACE 80
PROPOSED ROADWAY EASEMENT
PARCEL 239 RDUE
1.100 50. A.
OR
GOLDEN GATE BOULEVARD (CR 878)
OR OFFICIAL RECORDS (BOOK/PACE)
® PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE)
®EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK S. PACE 80
LEGAL. DESCRIPTION FOR PARCEL 239 RDUE
A PORTION OF TRACT 143. GOLDEN GATE ESTATES. UNIT 49 AS RECORDED IN PLAT BQK
PUBLIC RECORDS OF COWER COUNTY, FLORIDA. LYING IN SECTION 2, TOWNSHIP 49150
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE NORM 20 FEET OF THE SOUTH 70 FELT OF THE WEST 75 FEET OF THE FAST 151
CONTAINING 1.500 SQUARE FEET. MORE OR LESS.
a 4o DO IaD w:
SKETCH h DESCRIPTION ONLY
NOT A BOUNDARY SURVEY DGMt T•VEO'
MR COWER COUNTY GOVERNMENT TKMRD OF COUNTY COTIMLASIONERS
TRACT 144
N
WE
S
l:
AGE, 110 OF THE
WGE 27'1EAST,
'OFA/ SAID
/TRACT 143.
K V—
� • Rvsm mmm.D eco w
COL.DRN CATE BOULEVARD
M
SKETCH A: DPECRUMON OF: PROPOSED ROADWAY BASEMENT
WA AMSIb
PARCEL 2910 RDUE
rowrmwvexaw.asmo
COLLIER COUNTY. FLOEIBA
wa.:, ' m m we;mmeu.ane
Exhibit 'T' to Joint Motion for Stipulated Final Judgment
AERIAL PHOTO OF PARCEL 239RDUE (YBARRA)
EXISTING RIGHT-OF-WAY
PROPOSED RIGHT-OF-WAY
-