Agenda 10/24/2017 Item #16K 310/24/2017
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Order of Taking and Final Judgment in the amount of
$21,500 for the taking of Parcel 410RDUE, inclusive of full compensation and all statutory attorney
fees, expert fees, and costs in the case styled Collier County v. Lourdes Perez Bello, et al., Case No.
17-CA-1390, required for improvements to Golden Gate Boulevard (Project No. 60145). (Fiscal
Impact: $21,670)
OBJECTIVE: To obtain title and to settle full compensation of Parcel 410RDUE required for the road
widening of Golden Gate Boulevard from east of Everglades Boulevard to east of the Faka Union Canal,
Project No. 60145 (“Project”).
CONSIDERATIONS: On March 28, 2017, the Board approved Condemnation Resolution No. 2017-63,
requiring the taking of Parcel 410RDUE in order to construct the Project. On August 8, 2017, the County
filed its Petition with the Court in the case styled Collier County v. Lourdes Perez Bello, et al., Case No.
17-CA-1390. Parcel 410RDUE is a road right-of-way, drainage, and utility easement containing 1,125
square feet of vacant land owned by Lourdes Perez Bello, aerial photograph attached. An Order of
Taking Hearing has been scheduled for November 14, 2017. Through negotiations, the parties agreed to
the County’s taking of the property and full compensation in the amount of $21,500, which includes the
property interest taken, statutory attorney fees, expert fees, and costs. Attached is a Joint Motion for
Stipulated Order of Taking and 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. A fee of $170 is required by the Clerk for the deposit of funds into the Court Registry.
FISCAL IMPACT: Funds in the amount of $21,670 will be paid from gas taxes and/or impact fees from
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: None.
LEGAL CONSIDERATIONS: This item has been prepared by the County Attorney’s Office, is
approved as to form and legality, and requires a majority vote for Board approval. - ERP
RECOMMENDATION: To approve a Stipulated Order of Taking and Final Judgment in the total
amount of $21,500, and a $170 Clerk fee, for the taking of Parcel 410RDUE, inclusive of full
compensation, statutory attorney fees, expert fees, and costs in the case styled Collier County v. Lourdes
Perez Bello, et al., Case No. 17-CA-1390, required for the widening of Golden Gate Boulevard, Project
No. 60145.
Prepared by: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Proposed Joint Motion for Stipulated Order of Taking and Final Judgment (PDF)
2. Aerial photograph of Parcel 410RDUE (PDF)
16.K.3
Packet Pg. 1047
10/24/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 3979
Item Summary: Recommendation to approve a Stipulated Order of Taking and Final Judgment in
the amount of $21,500 for the taking of Parcel 410RDUE, inclusive of full compensation and all statutory
attorney fees, expert fees, and costs in the case styled Collier County v. Lourdes Perez Bello, et al., Case
No. 17-CA-1390, required for improvements to Golden Gate Boulevard (Project No. 60145). (Fiscal
Impact: $21,670)
Meeting Date: 10/24/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
10/16/2017 4:18 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
10/16/2017 4:18 PM
Approved By:
Review:
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 10/16/2017 4:29 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 10/17/2017 7:14 AM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 10/17/2017 7:30 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 10/17/2017 7:33 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 10/17/2017 7:48 AM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 10/17/2017 8:15 AM
Growth Management Department James French Deputy Department Head Review Completed 10/17/2017 11:19 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/17/2017 11:20 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/17/2017 1:03 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 10/17/2017 2:34 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 10/17/2017 2:48 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/24/2017 9:00 AM
16.K.3
Packet Pg. 1048
16.K.3.a
Packet Pg. 1049 Attachment: Proposed Joint Motion for Stipulated Order of Taking and Final Judgment (3979 : Stipulated Order of Taking and Final Judgment -
[17-CA-1390/1369585/1]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated
Order of Taking and Final Judgment was electronically filed with the Florida Courts E-Filing
Portal which will send a notice to parties appearing via electronically; and by U.S. mail to parties
as indicated on the Service List below on this _____ day of ___________, 2017.
BY: _______________________________
EMILY R. PEPIN, ESQ.
SERVICE LIST
COLLIER COUNTY v. LOURDES PEREZ BELLO, et al.
Case No. 17-CA-1390
PARCEL 410RDUE
LOURDES PEREZ BELLO
c/o Kenneth A. Jones, Esq.
Roetzel & Andress, LPA
kjones@ralaw.com
vskeen@ralaw.com
Unknown Tenants, [dropped]
16.K.3.a
Packet Pg. 1050 Attachment: Proposed Joint Motion for Stipulated Order of Taking and Final Judgment (3979 : Stipulated Order of Taking and Final Judgment -
[17-CA-1390/1369585/1]
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.: 17-CA-1390
v. PARCEL: 410RDUE
LOURDES PEREZ BELLO; Unknown Tenants;
LOURDES BENITEZ; DEUTSCHE BANK
NATIONAL TRUST COMPANY, as Trustee for
Certificate Holders of the GSAA Home Equity
Trust 2004-5, Asset-Backed Certificates, Series 2004-5;
JANETTE E. GUZMAN; UNKNOWN SPOUSE of
Janette E. Guzman, if any; NATIONSTAR
MORTGAGE, LLC; ANTHONY J. TAVAREZ;
MARIZOL TAVAREZ; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., as nominee for
Transland Financial Services, Inc., and as nominee for
Plaza Home Mortgage, Inc.; SUNCOAST CREDIT
UNION, f/k/a Suncoast Schools Federal Credit Union;
MANUEL A. FERNANDEZ-PENA; and PLAZA
HOME MORTGAGE, INC.;
Respondents.
_____________________________________________/
STIPULATED ORDER OF TAKING & FINAL JUDGMENT FOR PARCEL 410RDUE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, and Respondent, LOURDES PEREZ BELLO, by and through counsel,
for entry of a Stipulated Order of Taking and Final Judgment as to Parcel 410RDUE for Project
No. 60145, and it appearing to the Court that proper notice was given to the parties having any
equity, lien, title or other interest in or to the real property described therein, and the Court being
otherwise fully advised in the premises thereof, it is thereupon
Exhibit “1” to Joint Motion for Stipulated Order of Taking and Final Judgment
16.K.3.a
Packet Pg. 1051 Attachment: Proposed Joint Motion for Stipulated Order of Taking and Final Judgment (3979 : Stipulated Order of Taking and Final Judgment -
[17-CA-1390/1369585/1]
ORDERED AND ADJUDGED that:
1. This Court has jurisdiction of this cause, the parties hereto and the subject matter
hereof.
2. The pleadings in this cause are sufficient and the Petitioner is properly exercising
its delegated authority.
3. The property described herein as Parcel 410RDUE is being acquired for a public
purpose and is reasonably necessary to serve this public purpose.
4. The Declaration of Taking and Estimate of Value filed in this cause by the
Petitioner was made in good faith and based on a valid appraisal.
5. Respondent LOURDES PEREZ BELLO, shall recover from Petitioner,
COLLIER COUNTY, the total sum of Twenty One Thousand Five Hundred and No/100
Dollars ($21,500.00) for Parcel 410RDUE, as full payment for the property interest taken and
for any damages resulting to the remainder, if less than the entire property was taken, all attorney
and expert fees and costs; and for all other damages and costs in connection with said parcel.
6. Within twenty (20) days from the date of this Order, pursuant to Florida Statutes §
73.111, Petitioner, COLLIER COUNTY, shall deposit into the Court Registry the total sum of
Twenty One Thousand Five Hundred and No/100 Dollars ($21,500.00), as payment for
acquisition of Parcel 410RDUE, at which time title to said parcel as described in Exhibit “A” is
vested in the name of the Petitioner; and for all attorney and expert fees and costs.
7. Upon deposit of funds into the Court Registry, as outlined in paragraph 6 of this
Order, the Clerk shall disburse from the Court Registry the sum of Twenty One Thousand Five
Hundred and No/100 Dollars ($21,500.00), to Roetzel & Andress, LPA, c/o Kenneth Jones,
Esq., 2320 First Street, Suite 1000, Fort Myers, FL 33907.
8. This Stipulated Order of Taking and Final Judgment disposes of all claims arising
out of the taking of Parcel 410RDUE and that have or could have been asserted in this cause.
Exhibit “1” to Joint Motion for Stipulated Order of Taking and Final Judgment
16.K.3.a
Packet Pg. 1052 Attachment: Proposed Joint Motion for Stipulated Order of Taking and Final Judgment (3979 : Stipulated Order of Taking and Final Judgment -
[17-CA-1390/1369585/1]
9. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 5424, Page 1204 of the Public Records of Collier County, Florida is hereby
released as to Parcel 410RDUE.
10. The Court reserves jurisdiction to enforce the terms of this Stipulated Order of
Taking and Final Judgment.
11. This Stipulated Order of Taking and Final Judgment is to be recorded in the
Official Records of Collier County, Florida.
DONE AND ORDERED in Chambers, Collier County, Naples, Florida, this ___ day of
_________________, 2017.
THE HONORABLE LAUREN L. BRODIE
Circuit Court Judge
Conformed Copies to:
Emily R. Pepin, Esq., Counsel for PETITIONER, emilypepin@colliergov.net
Kenneth A. Jones, Esq., Counsel for RESPONDENT LOURDES PEREZ BELLO,
kjones@ralaw.com
Clerk’s Office, Accounting
Exhibit “1” to Joint Motion for Stipulated Order of Taking and Final Judgment
16.K.3.a
Packet Pg. 1053 Attachment: Proposed Joint Motion for Stipulated Order of Taking and Final Judgment (3979 : Stipulated Order of Taking and Final Judgment -
Exhibit "1" to Joint Motion for Stipulated Order of Taking & Final Judgment
16.K.3.a
Packet Pg. 1054 Attachment: Proposed Joint Motion for Stipulated Order of Taking and Final Judgment (3979 : Stipulated Order of Taking and Final Judgment -
AERIAL PHOTO OF PARCEL 410RDUE
EXISTING ROW (50')
ADDITIONAL ROW (15')
15'
-
16.K.3.b
Packet Pg. 1055 Attachment: Aerial photograph of Parcel 410RDUE (3979 : Stipulated Order of Taking and Final Judgment - Parcel 410RDUE - Project No. 60145