Agenda 10/24/2017 Item #16K 210/24/2017
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $17,196 for full
compensation and all statutory attorney fees, expert fees and costs for Parcel 147RDUE in the case
styled Collier County v. Benjamin Sanchez, et al., Case No. 15-CA-0249 required for improvements
to Golden Gate Boulevard (Project No. 60040). [Fiscal Impact: $15,896]
OBJECTIVE: To settle full compensation owed for the taking of Parcel 147RDUE required for the road
widening of Golden Gate Boulevard from east of Wilson Blvd. to 4th Street East, Project No. 60040,
hereinafter referred to as the “Project.”
CONSIDERATIONS: On June 10, 2014, the Board approved condemnation Resolution 2014-122 in
order to construct the Project. Pursuant to the Order of Taking entered July 9, 2015, the County deposited
a good faith estimate of value in the amount of $1,300 into the Court Registry. Parcel 147RDUE is a road
right-of-way, drainage, and utility easement containing 3,600 square feet taken from vacant property
owned by Molchand and Sarah Pokhan, aerial photograph attached. Through negotiations, the parties
agreed to full compensation in the amount of $17,196, which includes the property interest taken, and
statutory attorney fees, and expert fees and costs. 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 f ile the attached Joint Motion with the Circuit
Court.
FISCAL IMPACT: Funds in the amount of $15,896 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 particular 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
$17,196 for full compensation and all statutory attorney fees, expert fees and costs for Parcel 147RDUE
in the case styled Collier County v. Benjamin Sanchez, et al., Case No. 15-CA-0249 required for
improvements to Golden Gate Boulevard (Project No. 60040).
Prepared by: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Aerial photograph of Parcel 147RDUE (PDF)
2. Joint Motion for Stipulated Final Judgment (PDF)
16.K.2
Packet Pg. 1038
10/24/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2
Doc ID: 3939
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$17,196 for full compensation and all statutory attorney fees, expert fees and costs for Parcel 147RDUE
in the case styled Collier County v. Benjamin Sanchez, et al., Case No. 15-CA-0249 required for
improvements to Golden Gate Boulevard (Project No. 60040). [Fiscal Impact: $15,896]
Meeting Date: 10/24/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
10/13/2017 11:56 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
10/13/2017 11:56 AM
Approved By:
Review:
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 10/13/2017 12:40 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 10/13/2017 1:51 PM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 10/13/2017 1:57 PM
Transportation Engineering Debbie Allen Additional Reviewer Skipped 10/13/2017 2:13 PM
Growth Management Department Jeanne Marcella Department Head Review Completed 10/13/2017 2:17 PM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 10/13/2017 2:24 PM
Growth Management Department James French Deputy Department Head Review Skipped 10/13/2017 2:44 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/13/2017 3:27 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/13/2017 3:32 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/16/2017 10:46 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/16/2017 1:57 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/24/2017 9:00 AM
16.K.2
Packet Pg. 1039
AERIAL PHOTO OF POKHAN PROPERTY SHOWING PARCEL 147RDUE
16.K.2.a
Packet Pg. 1040 Attachment: Aerial photograph of Parcel 147RDUE (3939 : Stipulated Final Judgment - $17,196 - Collier County v. Sanchez - project 60040)
16.K.2.b
Packet Pg. 1041 Attachment: Joint Motion for Stipulated Final Judgment (3939 : Stipulated Final Judgment - $17,196 - Collier County v. Sanchez - project 60040)
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 October, 2017.
BY: _______________________________
EMILY R. PEPIN, ESQ.
SERVICE LIST
PARCEL 147RDUE
MOLCHAND POKHAN and
SARAH POKHAN
c/o Paul A. Blucher, Esq.
pab@fifthamendment.com
dstevens@fifthamendment.com
16.K.2.b
Packet Pg. 1042 Attachment: Joint Motion for Stipulated Final Judgment (3939 : Stipulated Final Judgment - $17,196 - Collier County v. Sanchez - project 60040)
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-0249
BENJAMIN SANCHEZ, ET AL., PARCEL: 147RDUE
Respondents,
______________________________________/
STIPULATED FINAL JUDGMENT ORDER AS TO PARCEL 147RDUE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, MOLCHAND POKHAN and SARAH
POKHAN, by and through counsel, for entry of a Stipulated Final Judgment as to Parcel
147RDUE 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, MOLCHAND POKHAN and SARAH POKHAN, 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.b
Packet Pg. 1043 Attachment: Joint Motion for Stipulated Final Judgment (3939 : Stipulated Final Judgment - $17,196 - Collier County v. Sanchez - project 60040)
ORDERED AND ADJUDGED that Respondents, MOLCHAND POKHAN and SARAH
POKHAN, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of
Twelve Thousand and No/100 Dollars ($12,000.00) for Parcel 147RDUE, 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, 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 147RDUE, 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 Five Thousand
One Hundred Ninety Six and No/100 Dollars ($5,196.00) to Respondents for all attorney fees,
expert fees and costs, and no other attorney or expert fees or costs shall be awarded in this case; it
is further
ORDERED that within thirty (30) days hereof, Petitioner shall pay the total sum of Fifteen
Thousand Eight Hundred Ninety Six and No/100 Dollars ($15,896.00) to Blucher Law Group,
PLLC, c/o Paul A. Blucher, Esq., 7300 Delainey Court, Sarasota, FL 34240, 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
147RDUE 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
147RDUE, 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
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.2.b
Packet Pg. 1044 Attachment: Joint Motion for Stipulated Final Judgment (3939 : Stipulated Final Judgment - $17,196 - Collier County v. Sanchez - project 60040)
ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled
cause and recorded in Official Record Book 5119, Page 2706 of the Public Records of Collier
County, Florida be dismissed as to Parcel 147RDUE; 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 October, 2017.
THE HONORABLE JAMES R. SHENKO
Circuit Court Judge
Conformed Copies to:
Emily R. Pepin, Esq., Counsel for PETITIONER, emilypepin@colliergov.net
Paul A. Blucher, Esq., Counsel for RESPONDENTS MOLCHAND POKHAN and SARAH
POKHAN, pab@fifthamendment.com
Clerk’s Office, Accounting
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.2.b
Packet Pg. 1045 Attachment: Joint Motion for Stipulated Final Judgment (3939 : Stipulated Final Judgment - $17,196 - Collier County v. Sanchez - project 60040)
E IBIT "A"
N
w E
S
F
PATINO & PATINO POKHAN
OR 2697/ 2542 OR 3474/112
TRACT 38
GOLDEN GATE ESTATES
UNIT 14
PLAT BOOK 7 PAGE 74
1
TRACT 37 EAST 180' OF TRACT 71
TRACT 38
PROPOSED ROADWAY EASEMENT
PARCEL 147 RDUE
3,600$0 FT
20'
101/NV 1r Tr
Alb
I I
50 //738+00 390
4
I/A:/ 1-
1,00, 43+0E
GOLDEN GATE BOULEVARD ( CR 878)
SO FT, SQUARE FEET
OR OFFICIAL RECORDS ( BOOK/PAGE)
4 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 147 RDUE
A PORTION OF TRACT 38, GOLDEN GATE ESTATES, UNIT 14 AS RECORDED IN PLAT BOOK 7, PACE 74 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOI LOWS,
THE NORTH 20 FEET OF THE sourH 70 FEET OF THE EAST 180 FEET OF SAID TRACT 38.
CONTAINING 3.600 SOUARE FEET, MORE OR LESS.
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PARCEL 147 RDUE 6610 94Eam OrMA Sult4 2C0
Naples, Florida 94109
COWER COUNTY, FLORIDA PDOTA:1290)$970575 FAX_M9)6970579
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JOB NUMBER I REVISION I SECTION I TOWNSHIP RANGE SCALE I DATE fORAWN BY I FILE NAME SHEET
050217 00 CO 0001 REV 01 3 49 27 I 1" = BO' DEC. 2009 R Y 5K 147 I OF
Exhibit "1" to Joint Motion for Stipulated Final Judgment
16.K.2.b
Packet Pg. 1046 Attachment: Joint Motion for Stipulated Final Judgment (3939 : Stipulated Final Judgment - $17,196 - Collier County v. Sanchez - project