Agenda 09/26/2017 Item #16K 209/26/2017
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $30,000 as final
compensation for the taking of Parcel 310FEE required for the Golden Gate Blvd. Project No.
60145 (from 20th St. E. to east of Everglades Blvd.), in the pending case styled Collier County v.
Joseph Bartoszek, et al., Case No. 16-CA-1200. (Fiscal Impact: $4,300)
OBJECTIVE: To settle full compensation owed for the taking of Parcel 310FEE required for the
Golden Gate Boulevard Project No. 60145 (from 20th St. E. to east of Everglades Blvd.).
CONSIDERATIONS: On April 26, 2016, the Board authorized the condemnation of Parcel 310FEE in
order to construct roadway, drainage and utility improvements required for the four-laning of Golden
Gate Blvd. from 20th St. E. to east of Everglades Blvd. On November 14, 2016, 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 $25,700 into the Court Registry. The Parcel taken consisted of the
entire tract owned by Miguel and Julissa Perez which is to be used with neighboring tracts for a
stormwater pond. An aerial photograph of the subject property is attached to this item for reference.
A Court Ordered Status Conference, at which the case could be set for Trial, was set for June 5, 2017,
then cancelled by the Court upon the parties’ request for an Agreed Order on Mediation. The Order
required the parties to exchange appraisals by July 31, 2017 and complete mediation by August 31, 2017.
Upon the County’s requests for the owners’ appraisal to prepare for the scheduled August 7, 2017
mediation, counsel for the property owners offered a settlement amount of $30,000, inclusive of all
statutory attorney and expert fees and costs. The County Attorney’s Office, in consultation with
Transportation staff, accepted the offer conditioned on Board approval, and cancelled the mediation thus
allowing the County to avoid incurring the statutory required mediator fee, averaging $2,000.
If this item is approved, the Board will be obligated to pay an additional $4,300 over the County’s
previously deposited amount of $25,700 in the Court Registry. The County Attorney’s Office and
Transportation staff recommend the Board approve this settlement as a better result is not anticipated at
Trial, and would spare the County from incurring further litigation expenses. 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 $4,300 are available in the Golden Gate Blvd.
Transportation Capital Improvement 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. - ERP
RECOMMENDATION: To approve a Stipulated Final Judgment in the total amount of $30,000 for the
taking of Parcel 310FEE, required for the Golden Gate Boulevard Project No. 60145 (from 20th St. E. to
east of Everglades Blvd.), in the pending case styled Collier County v. Joseph Bartoszek, et al., Case No.
16-CA-1200.
PREPARED BY: Emily R. Pepin, Assistant County Attorney
16.K.2
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09/26/2017
ATTACHMENT(S)
1. Proposed Stipulated Final Judgment - parcel 310 fee (PDF)
2. Aerial Photograph.perez parcel 310 fee (PDF)
16.K.2
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09/26/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2
Doc ID: 3595
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$30,000 as final compensation for the taking of Parcel 310FEE required for the Golden Gate Blvd. Project
No. 60145 (from 20th St. E. to east of Everglades Blvd.), in the pending case styled Collier County v.
Joseph Bartoszek, et al., Case No. 16-CA-1200. (Fiscal Impact: $4,300)
Meeting Date: 09/26/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
08/08/2017 4:50 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
08/08/2017 4:50 PM
Approved By:
Review:
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 08/08/2017 4:58 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 08/08/2017 7:12 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 08/09/2017 3:15 PM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 08/14/2017 8:32 AM
Growth Management Department James French Additional Reviewer Skipped 08/15/2017 9:44 AM
Growth Management Department James French Department Head Review Completed 08/15/2017 9:44 AM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 08/16/2017 9:40 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/17/2017 8:38 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/18/2017 8:55 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 08/21/2017 12:06 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/23/2017 3:58 PM
Board of County Commissioners Michael Cox Meeting Completed 09/12/2017 9:00 AM
16.K.2
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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.:
PARCEL;
I6-CA-1200
3I0FEE
Joseph Bartoszek; Cheryl Barloszek;
Larry H. Ray, Collier County Tax Collector,
Yoshani Mendez\ MIGUEL PEREZ;
JULISSA J. PEREZ; Tick-Blew Peng;
Hermelinda Peng: Bobbie Davenport, f/k/a
Bobbie Gruninger; Kevin Mouchou; Mortgage
Electronic Registration Systems, Inc.; Summit
Mortgage Corporation; Wells Fargo Home
Mortgage; and Florida Power & Light;
[Respondents <& Parcels rejlected in italics
indicate removalfrom action by Final Judgment,
Dismissal, or Default]
Respondents.
/
PETITIONER COLLIER COUNTY AND RESPONDENTS MIGUEL PEREZ AND
JULISSA J. PEREZ'S JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO
PARCEL 3 lOFEE
COMES NOW, Petitioner COLLIER COUNTY, together with Respondents MIGUEL
PEREZ and JULISSA J. PEREZ, through undersigned counsel, and jointly move for entry of the
proposed Stipulated Final Judgment as to Parcel 31OFEE, attached her^ as EAiblt "1".
EMILY R. PEPIN, ESQ.
Florida Bar No. 92956
Collier County Attorney's Office
3299 E. Tamiaini Trail, Suite 800
Naples, FL341I2
Telephone: (239)252-8400
COUNSEL FOR PETITIONER
eiTiilvncpin@colliergov,net
ienniferbelDedio@colliereov.net
nancvbradlev@colliergov.net
MllCHAEL R.^ITT, ESQ.
Florida^ No. 0725020
(obins Kaplan LLP
711 Fifth Avenue South, Suite 201
Naples, FL 34102
Telephone: (239)430-7070
COUNSEL FOR RESPONDENTS
MIGUEL & JULISSA PEREZ
mwhitt@robinskaDlan,com
awamback@rohinskaDlan.com
[I6-CA-1200/1355309/I1
16.K.2.a
Packet Pg. 3112 Attachment: Proposed Stipulated Final Judgment - parcel 310 fee (3595 : Stipulated Final Judgment - Parcel 310FEE - $30,000 - project 60145)
[16-CA-1200/1355309/1]
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 August, 2017.
BY: _______________________________
EMILY R. PEPIN, ESQ.
SERVICE LIST
COLLIER COUNTY V. JOSEPH BARTOSZEK, ET AL.
Case No. 16-CA-1200
PARCEL 310FEE
MIGUEL PEREZ
c/o Michael R. Whitt, Esq.
Robins Kaplan, LLP
mwhitt@robinskaplan.com
Larry H. Ray, Collier County Tax Collector
c/o Carlos Kelly, Esq.
[Dropped-see docket #65]
JULISSA J. PEREZ
c/o Michael R. Whitt, Esq.
Robins Kaplan, LLP
mwhitt@robinskaplan.com
16-CA-1200/715
16.K.2.a
Packet Pg. 3113 Attachment: Proposed Stipulated Final Judgment - parcel 310 fee (3595 : Stipulated Final Judgment - Parcel 310FEE - $30,000 - project 60145)
[16-CA-1200/1355309/1]
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, a political subdivision of
the State of Florida,
Petitioner,
Case No.: 16-CA-1200
v. PARCEL: 310FEE
Joseph Bartoszek; Cheryl Bartoszek;
Larry H. Ray, Collier County Tax Collector;
Yosbani Mendez; MIGUEL PEREZ;
JULISSA J. PEREZ; Tick-Piew Peng;
Hermelinda Peng; Bobbie Davenport, f/k/a
Bobbie Gruninger; Kevin Mouchou; Mortgage
Electronic Registration Systems, Inc.; Summit
Mortgage Corporation; Wells Fargo Home
Mortgage; and Florida Power & Light;
[Respondents & Parcels reflected in italics
indicate removal from action by Final Judgment,
Dismissal, or Default]
Respondents.
____________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 310FEE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner
COLLIER COUNTY, and Respondents MIGUEL PEREZ, and JULISSA J. PEREZ, by and
through counsel, for entry of a Stipulated Final Judgment as to Parcel 310FEE for Project No.
60145, 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 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.2.a
Packet Pg. 3114 Attachment: Proposed Stipulated Final Judgment - parcel 310 fee (3595 : Stipulated Final Judgment - Parcel 310FEE - $30,000 - project 60145)
ORDERED AND ADJUDGED that Respondents MIGUEL PEREZ, and JULISSA J.
PEREZ, have and recover from Petitioner COLLIER COUNTY, the total sum of Thirfy
Thousand and No/100 Dollars ($30,000.00) for Parcel 310FEE, as full and final compensation
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, improvements, cost to cure, statutory interest, and
all attomey and expert fees and costs, in connection with said parcel, subject to apportionment, if
any; it is further
ORDERED that Petitioner COLLIER COUNTY is entitled to a credit for the good faith
estimate of value previously deposited in the amount of Twenty Five Thousand Seven
Hundred and No/100 Dollars ($25,700.00), as payment for acquisition of Parcel 31OFEE, at
which time title to said parcel as described in Exhibit 66,{" vested in the name of the Petitioner; it
is funher
ORDERED that within thirty (30) days hereof, Petitioner shall pay the total sum of Four
Thousand Three Hundred and No/100 Dollars ($4,300.00) to Robins Kaplan LLP, c/o
Michael R. Whitt, Esq., 800 LaSalle Avenue, Suite 2800, Minneapolis, MN 55402;it is further
ORDERED that this Order disposes of all claims arising out of the taking of Parcel
310FEE and that have or could have been asserted in this cause; it is further
ORDERED that the fee simple interest to Parcel 3l0FEE, being fully described in Exhibit
"A'o attached hereto and incorporated herein, which vested in Petitioner pursuant to the
Stipulated Order of Taking dated November 14, 2076, 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 5293, Page 2431 of the Public Records of Collier
County, Florida be dismissed as to Parcel 3lOFEE; it is further
Exhibit "l" to Joint Motion for Stipulated Final Judgment
16.K.2.a
Packet Pg. 3115 Attachment: Proposed Stipulated Final Judgment - parcel 310 fee (3595 : Stipulated Final Judgment - Parcel 310FEE - $30,000 - project 60145)
[16-CA-1200/1355309/1]
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 September, 2017.
HONORABLE LAUREN L. BRODIE
Circuit Court Judge
Conformed copies to:
Emily R. Pepin, Esq., Counsel for PETITIONER, emilypepin@colliergov.net
Michael R. Whitt, Esq., Counsel for RESPONDENTS MIGUEL PEREZ, and
JULISSA J. PEREZ, mwhitt@robinskaplan.com
Clerk’s Office, Accounting
16-CA-1200/#715
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.2.a
Packet Pg. 3116 Attachment: Proposed Stipulated Final Judgment - parcel 310 fee (3595 : Stipulated Final Judgment - Parcel 310FEE - $30,000 - project 60145)
Exhibit "1" to Joint Motion for Stipulated Final Judgment
16.K.2.a
Packet Pg. 3117 Attachment: Proposed Stipulated Final Judgment - parcel 310 fee (3595 : Stipulated Final Judgment - Parcel 310FEE - $30,000 - project 60145)
AERIAL PHOTO SHOWING GOLDEN GATE BOULEVARD PARCEL 310FEE
MILLER
CANAL
SUBJECT
PROPERTY
-
16.K.2.b
Packet Pg. 3118 Attachment: Aerial Photograph.perez parcel 310 fee (3595 : Stipulated Final Judgment - Parcel 310FEE - $30,000 - project 60145)