Agenda 10/24/2017 Item #16K 110/24/2017
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $5,700 for full
compensation and all statutory attorney fees, expert fees and costs for Parcel 171RDUE in the case
styled Collier County v. Tara Chapin, et al., Case No. 15-CA-0319 required for improvements to
Golden Gate Boulevard (Project No. 60040). [Fiscal Impact: $4,400]
OBJECTIVE: To settle full compensation owed for the taking of Parcel 171RDUE required for the road
widening of Golden Gate Boulevard from 4th Street East to 8th Street East, Project No. 60040, hereinafter
referred to as the “Project.”
CONSIDERATIONS: On June 10, 2014, the County condemned Parcel 171RDUE in order to construct
the Project. Pursuant to the Order of Taking entered July 9, 2015, t he County deposited a good faith
estimate of value in the amount of $1,300 into the Court Registry. Parcel 171RDUE is a road right -of-
way, drainage, and utility easement containing 2,824 square feet and owned by Jorge Antonio Lobato,
aerial photograph attached. Through negotiations, the parties agreed to full compensation in the amount of
$5,700, which includes the property interest taken, and statutory attorney fees and expert fees. Attached is
a Joint Motion for Stipulated Final Judgment memorializing the terms of the settlement.
The County Attorney’s Office (CAO) and Staff recommend approval of this settlement since a better
result is not expected at trial. Upon approval, the CAO will file the attached Joint Motion with the Circuit
Court.
FISCAL IMPACT: Funds in the amount of $4,400 will be paid from gas taxes and/or impact fees from
Golden Gate Blvd. 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 partic ular project, the secondary funding
source will be gas taxes.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - ERP
RECOMMENDATION: Recommendation to approve a Stipulated Final Judgment in the amount of
$5,700 for full compensation and all statutory attorney fees, expert fees and costs for Parcel 171RDUE in
the case styled Collier County v. Tara Chapin, et al., Case No. 15-CA-0319 required for improvements to
Golden Gate Boulevard (Project No. 60040).
Prepared by: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Aerial Photo Parcel 171RDUE (PDF)
2. Joint Motion for Stipulated Final Judgment - Parcel 171_ (PDF)
16.K.1
Packet Pg. 1029
10/24/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doc ID: 3864
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$5,700 for full compensation and all statutory attorney fees, expert fees and costs for Parcel 171RDUE in
the case styled Collier County v. Tara Chapin, et al., Case No. 15-CA-0319 required for improvements to
Golden Gate Boulevard (Project No. 60040). [Fiscal Impact: $4,400]
Meeting Date: 10/24/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
10/03/2017 11:34 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
10/03/2017 11:34 AM
Approved By:
Review:
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 10/03/2017 12:04 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 10/03/2017 1:10 PM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 10/03/2017 3:03 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 10/04/2017 8:42 AM
Growth Management Department James French Deputy Department Head Review Skipped 10/03/2017 2:47 PM
Growth Management Department Michael Cox Department Head Review Skipped 10/04/2017 9:31 AM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 10/04/2017 12:07 PM
Office of Management and Budget MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 10/04/2017 12:10 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/04/2017 1:39 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/16/2017 8:31 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/24/2017 9:00 AM
16.K.1
Packet Pg. 1030
AERIAL PHOTO SHOWING GOLDEN GATE BLVD. PARCEL 171RDUE
16.K.1.a
Packet Pg. 1031 Attachment: Aerial Photo Parcel 171RDUE (3864 : Stipulated Final Judgment - Collier County v. Chapin - project 60040 - $5,700)
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLOIHDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Petitioner,
V.
Case No.: 15-CA-0319
PARCEL: I71RDUE
TARA CHAPTN, ETAL.,
Respondents.
/
PETITIONER COLLIER COUNTY AND RESPONDENT JORGE ANTONIO
LOBATO'S JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCEL
171RDUE
COMES NOW, Petitioner COLLIER COUNTY, FLORIDA, and Respondent JORGE
ANTONIO LOBATO, by and through undersigned counsel, and hereby jointly move this
Honorable Court for entry of the attached proposed Stipulated Final Judgment Order, attached
hereto as Exhibit "1".
EMILY R. PEPIN, ESQ.
Florida Bar No. 92956
Collier County Attorney's Office
3299 E. Tamiami Trail, Suite 800
Naples. FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
emilvDepin@colliergov.net
iennirerbelpedio@coIIiergov.net
nancvbradlev@colIiergov,nct
MICHAEL lyWHITT, ESQ.
FloridjyDarNo. 0725020
lobins Kaplan LLP
711 Fillh^venuc South, Suite 201
Naples, FL 34102
Telephone: (239) 430-7070
COUNSEL FOR RESPONDENT
JORGE ANTONIO LOBATO
mwhitt@iobinskaplan.com
awainback@rubinskanlan.com
16.K.1.b
Packet Pg. 1032 Attachment: Joint Motion for Stipulated Final Judgment - Parcel 171_ (3864 : Stipulated Final Judgment - Collier County v. Chapin - project
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 US mail to parties as
indicated on the Service List below on this _____ day of October, 2017.
BY: _________________________
EMILY R. PEPIN, ESQ.
SERVICE LIST
COLLIER COUNTY v. TARA CHAPIN, et al.
Case No. 15-CA-0319
PARCEL 171RDUE
JORGE ANTONIO LOBATO
c/o Michael R. Whitt, Esq.
Robins Kaplan LLP
MWhitt@robinskaplan.com
AWamback@robinskaplan.com
16.K.1.b
Packet Pg. 1033 Attachment: Joint Motion for Stipulated Final Judgment - Parcel 171_ (3864 : Stipulated Final Judgment - Collier County v. Chapin - project
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Petitioner,
v. Case No.: 15-CA-0319
PARCEL: 171RDUE
TARA CHAPIN, et al.,
Respondents.
_________________________________________/
STIPULATED FINAL JUDGMENT ORDER AS TO PARCEL 171RDUE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, JORGE ANTONIO LOBATO, by and
through for entry of a Stipulated Final Judgment as to Parcel 171RDUE 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 Respondent, JORGE
ANTONIO LOBATO, 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.1.b
Packet Pg. 1034 Attachment: Joint Motion for Stipulated Final Judgment - Parcel 171_ (3864 : Stipulated Final Judgment - Collier County v. Chapin - project
ORDERED AND ADJUDGED that Respondent, JORGE ANTONIO LOBATO, have and
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Five Thousand Seven
Hundred and No/100 Dollars ($5,700.00) for Parcel 171RDUE, 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, statutory interest, attorney fees and costs, and expert 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 One Thousand Three
Hundred and No/100 Dollars ($1,300.00), as payment for acquisition of Parcel 171RDUE, 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 hereof, Petitioner shall pay the total sum of Four
Thousand Four Hundred and No/100 Dollars ($4,400.00) to Robins Kaplan, LLP, c/o Michael
Whitt, Esq., 800 LaSalle Avenue, Suite 2800, Minneapolis, MN 55402, 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
171RDUE and that have or could have been asserted in this cause; it is further
ORDERED that the roadway right-of-way drainage and utility easement interest to Parcel
171RDUE, being fully described in Exhibit “A” attached hereto and incorporated herein, which
vested in Petitioner pursuant to the Order of Taking dated July 9, 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 5122, Page 3702 of the Public Records of Collier
County, Florida be dismissed as to Parcel 171RDUE; it is further
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.1.b
Packet Pg. 1035 Attachment: Joint Motion for Stipulated Final Judgment - Parcel 171_ (3864 : Stipulated Final Judgment - Collier County v. Chapin - project
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 October, 2017.
THE HONORABLE JAMES R. SHENKO
Circuit Court Judge
Conformed Copies to:
Emily R. Pepin, Esq., Counsel for PETITIONER, emilypepin@colliergov.net
Michael R. Whitt, Esq., Counsel for RESPONDENT JORGE ANTONIO LOBATO,
mwhitt@robinskaplan.com
Clerk’s Office, Accounting
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.1.b
Packet Pg. 1036 Attachment: Joint Motion for Stipulated Final Judgment - Parcel 171_ (3864 : Stipulated Final Judgment - Collier County v. Chapin - project
1
1
I 1 E) H I BIT "A"
LINE TABLE
N F- LINE BEARING LENGTH '
L1 N00"31'15W 105.00 I
12 N89-28'45"E 30,00 I
1.3 S4530'23E 28.29W """"- ENI';
9
L4 N89'29'37-E 54.99
1.5 SO0F31'12"E 35.00
WARBURTON 1.6 S89'29'37"W 74.99
5 OR 1413/2380 L7 N00*31'15V 55.01
8 /
4- 4 IcoWEST105' OF
taz TRACT 109
LOBATO
OR 1319/1607 SPITZER TR
OR 3753/1056
g+
TRACT 108 au TRACT 109 TRACT 110
GOLDEN GATE ESTATES
UNIT 14
EASTOF THUNCE
PLAT BOOK 7 PAGE 74
010° West.30"
OF TRACT 109
EAST UNE
WEST ONE OF N „ii WEST 105'
OF TRACT 109TRACT109Air" 30'
re
PORE OF
ill
PROPOSED ROADWAY EASEMENT
2.824 SQ.
BEC11469NC pOp PARCEL 171 RDUE
04. Fr
aa
11'.1k, 011144/ IF 11, •la
tdg,3 9
Ar4016 A 46 4
r L6 r 11 NOR114 UNE OF
501.011 50' OF
51 TRACT 109
61+00 6 ••4 Ailt,00 64+00 65+00 66-00
4 I• 4
60941 OF GOLDEN GATE BOULEVARD (CR 876)
CO ,4 m NT
OR OFFICIAL RECORDS (BOOK/PAGE)
ig, .....0.
slin PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE)
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 74
LEGAL DESCRIPTION FOR PARCEL, 171 ROUE
A PORTION OF TRACT 109, GOLDEN GATE ESTATES, UNIT 14 AS RECORDED IN PLAT BOOK 7, PAGE 74 OF THE
PUBLIC RECORDS OF COWER COUNTY. FLORIDA, LYING IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 27 EAST,
COWER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 109;
THENCE N.00'31.1 5*W., ALONG THE WEST LINE OF SAID TRACT 109 FOR 105.00 FEET;
THENCE N.89'28.45EE„ FOR 30.00 FEET TO A POINT ON THE EAST LINE OF THE WEST 30 FEET OF SAID TRACT 109
AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE S.45•30.23E., FOR 28.29 FEET;
THENCE N.89"29'37E,, FOR 54.99 FEET TO A POINT ON THE EAST LINE OF THE WEST 105 FEET OF SAID TRACT 109;
THENCE S.0031.12E., ALONG SAID EAST LINE, FOR 35.00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 50
FEET OF SAID TRACT 109;
THENCE S.89'29.37*W„ ALONG SAID NORTH LINE, FOR 74.99 FEET TO A POINT ON THVEAST'LINE OF THE WEST 30
FEET OF SAID TRACT 109;
THENCE N.00'31`15"W„ ALONG SAID EAST LINE, FOR 55.01 FEET TO THE POINT a labINNIA6-0Fli-IE HEREIN
DESCRIBED PARCEL
CONTAINING 2.824 SQUARE FEET, MORE OR LESS.
0 40 80 150 811
14,,..• , .6.7,6,4 k WPMSKETCH & DESCRIPTION ONLY 3z, .ti , "40.5301
NOT A BOUNDARY SURVEY smut 1"-air
NOT VALE)untiout44 olatves.
I" S.EASED EMBOSSED Sal orFOR: COLDER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FIDISDA W..LSEAW . .. .4. 'A AND 1.61961R.
GOLDEN GATE BOULEVARD RIII:AL7API"
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT
ji
14 v C16-1119659a96{
T SenTT4&1494PARCEL171BODE0610WDoMPlitk11464. 86118 209
6966144.Non*.84108COLLIERCOUNTY, FLORIDA Maw 1639)6970575 F 09)697-0578
1.13 Noz 6062
10B NUMBER 11EVISION SECTION TOWNSHIP 1 RANGE SCALE DRAWN BY FILE NAME SHEET
050217.00.00 099 ativit, ..;3 49 27 I 1- = 80' I
OCTD.
ATE2006 S.R. 1 LIN14 5K171 1 CT 1It1Exhibit "1" to Joint Motion for Stipulated Final Judgment
16.K.1.b
Packet Pg. 1037 Attachment: Joint Motion for Stipulated Final Judgment - Parcel 171_ (3864 : Stipulated Final Judgment - Collier County v. Chapin - project