Agenda 12/12/2017 Item #16K 412/12/2017
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $75,000 for the
taking of Parcel 366RDUE 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. Steven A. Edwards, et al.,
Case No. 16-CA-1327. (Fiscal Impact: $34,700)
OBJECTIVE: To settle full compensation owed for the taking of Parcel 366RDUE required for the
Golden Gate Blvd. Project No. 60145 (from 20th St. E. to east of Everglades Blvd.), hereinafter the
“Project”.
CONSIDERATIONS: On April 26, 2016, the Board approved Condemnation Resolution 2016-89 to
acquire the necessary property to construct the Project. Pursuant to the Order of Taking entered
November 22, 2016, the County condemned Parcel 366RDUE and deposited a good faith estimate of
value in the amount of $40,300 into the Court Registry. Parcel 366RDUE is a road right -of-way,
drainage, and utility easement containing 4,350 square feet taken from prop erty owned by Edward Bock.
An aerial photograph of Parcel 366RDUE is attached. Respondent originally claimed $64,000, exclusive
of fees and costs, the majority of which resulted from a $29,000 cost to cure to replace an existing buffer
and well within the area taken.
The parties reached a settlement of $75,000 total, including all statutory attorney and expert fees and
costs. Upon approval of this settlement by the Board, the County will be obligated to pay an additional
$34,700 over the previous deposit in the Court Registry of $40,300.
The County Attorney’s Office (CAO) and Transportation staff recommend the Board approve this
settlement as it will avoid the cost of a Court ordered mediation, which the County is statutorily required
to pay, and since a better result is not anticipated at trial. Upon approval, the CAO will file the attached
Joint Motion for Stipulated Final Judgment with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $34,700 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 $75,000 for the
taking of Parcel 366RDUE, 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. Steven A. Edwards, et al., Case No. 16-
CA-1327.
Prepared by: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Proposed Stipulated Final Judgment Order (PDF)
2. Aerial photograph.bock parcel 366RDUE (PDF)
12/12/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doc ID: 4280
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of
$75,000 for the taking of Parcel 366RDUE 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. Steven A. Edwards,
et al., Case No. 16-CA-1327. (Fiscal Impact: $34,700)
Meeting Date: 12/12/2017
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
11/27/2017 3:10 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
11/27/2017 3:10 PM
Approved By:
Review:
Growth Management Department Lisa Taylor Additional Reviewer Completed 11/27/2017 3:13 PM
Growth Management Department Diane Lynch Level 1 Reviewer Completed 11/27/2017 3:23 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 11/28/2017 7:27 AM
Growth Management Operations Support Allison Kearns Additional Reviewer Completed 11/28/2017 8:57 AM
Growth Management Department Gene Shue Additional Reviewer Completed 11/28/2017 10:56 AM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 11/28/2017 11:39 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 11/28/2017 3:17 PM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 11/28/2017 5:18 PM
Growth Management Department James French Deputy Department Head Review Skipped 11/28/2017 6:24 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/29/2017 8:08 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/29/2017 11:08 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 11/29/2017 2:42 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/29/2017 2:53 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM
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,
V.
Case No.;
PARCEL:
16-CA-1327
366RDUE
STEVEN A. EDWARDS; Carlos R. Morales-,
Jorge E. Morales; The Estate ofCorabell D. Morales-,
OSTIN STINFILA. a/k/a OSTIN STINFIL;
YONEL .lOSEPH; FELIX IGLESIAS, ti/k/a FELIX
IGLESIA; BANK OF NEW YORK, as trustee for the
certincate holders CWABS, Inc., Asset backed certificates.
Series 2005-7; LHR, INC., as successor in interest to First
Equit)' Card] Midland Funding, LLC-, Naples HMA, LLC,
d/b/a Physicians Regional Medical Center, Collier County
Board of County Commissioners-, Petra Diaz-, Deul.sche
Bank National Trust Company, as trustee for GSAMP Trust
2005-WMC3-, OCWEN Loan Servicing, LLC, as servicer of
Deutsche Bank Notional Trust Company, EDWARD BOCK;
and WILLIAM A. VINES;
Respondents.
/
PETITIONER COLLIER COUNTY AND RESPONDENT EDWARD BOCK'S JOINT
MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCEL 366RDUE
COMES NOW, Petitioner, COLLIER COUNTY, and Respondent, EDWARD BOCK, by
and through their undersigned counsel, and jointly move this Honorable Court for entry of a
Stipulated Final Judgment as to Parcel 366RDUE, attached hereto as Exiiibit "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
emilvpenin@collicrgov.nei
ienniferbelpodio@colliergov.net
nancvbradlev@colliergov.net
MICHAEL lyc^HITT, ESQ.
FlorkkCBar No. 725020
Robins Kaplan, LLP
711 5"'Ave. S., Suite 201
Naples, FL 34102-6628
Telephone: (239)430-7070
COUNSEL FOR RESPONDENT
EDWARD BOCK
mwhitt@.robinskanlan.CQm
awamback@rofainskaplan.com
(16-CA-1327/I379682/1]
[16-CA-1327/1379682/1]
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, or by U.S. Mail, postage
prepaid, to parties as indicated on the Service List below on this _____ day of December, 2017.
BY: _______________________________
EMILY R. PEPIN, ESQ.
SERVICE LIST
COLLIER COUNTY v. STEVEN A. EDWARDS, et al.
Case No. 16-CA-1327
PARCEL 366RDUE
EDWARD BOCK
Michael R. Whitt, Esq.
Robins Kaplan, LLP
mwhitt@robinskaplan.com
awamback@robinskaplan.com
[16-CA-1327/1379682/1]
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-1327
v. PARCEL: 366RDUE
STEVEN A. EDWARDS; Carlos R. Morales;
Jorge E. Morales; The Estate of Corabell D. Morales;
OSTIN STINFILA, a/k/a OSTIN STINFIL;
YONEL JOSEPH; FELIX IGLESIAS, a/k/a FELIX
IGLESIA; BANK OF NEW YORK, as trustee for the
certificate holders CWABS, Inc., Asset backed certificates,
Series 2005-7; LHR, INC., as successor in interest to First
Equity Card; Midland Funding, LLC; Naples HMA, LLC,
d/b/a Physicians Regional Medical Center; Collier County
Board of County Commissioners; Petra Y. Diaz; Deutsche
Bank National Trust Company, as trustee for GSAMP Trust
2005-WMC3; OCWEN Loan Servicing, LLC, as servicer of
Deutsche Bank National Trust Company; EDWARD BOCK;
and WILLIAM A. VINES;
Respondents.
__________________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 366RDUE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, and Respondent, EDWARD BOCK, by and through their counsel, for entry
of a Stipulated Final Judgment as to Parcel 366RDUE 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 Respondent, EDWARD
BOCK, and the Court being otherwise fully advised in the premises thereof, it is thereupon
Exhibit “1” to Joint Motion for Stipulated Final Judgment
[16-CA-1327/1379682/1]
ORDERED AND ADJUDGED that Respondent, EDWARD BOCK, have and recover
from Petitioner, COLLIER COUNTY, the total sum of Seventy Five Thousand and No/100
Dollars ($75,000.00) for Parcel 366RDUE, as full compensation for the property interest taken and
for damages resulting to the remainder, and for all other damages, statutory interest, attorney fees
and costs, and expert fees and costs in connection with said parcel, and no further attorney or
expert fees and costs shall be awarded in this matter; 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 Forty Thousand Three Hundred and
No/100 Dollars ($40,300.00), as payment for acquisition of Parcel 366RDUE, 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 Thirty
Four Thousand Seven Hundred and No/100 Dollars ($34,700.00), to Robins Kaplan LLP, c/o
Michael R. 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 Stipulated Final Judgment Order disposes of all claims arising out of
the taking of Parcel 366RDUE that have or could have been asserted in this cause, and no further
attorney or expert fees and costs shall be awarded in this matter; it is further
ORDERED that the road right-of-way, drainage, and utility easement interest to Parcel
366RDUE, being fully described in Exhibit “A” attached hereto and incorporated herein, which
vested in Petitioner pursuant to the Order of Taking dated November 22, 2016, 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-CA-1327/1379682/1]
ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in
Official Record Book OR 5299, PG 942 of the Public Records of Collier County, Florida be
dismissed as to Parcel 366RDUE; 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
December, 2017.
_________________________________________
THE 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 RESPONDENT EDWARD BOCK,
mwhitt@robinskaplan.com
Clerk’s Office, Accounting
Exhibit “1” to Joint Motion for Stipulated Final Judgment
Exhibit "1" to Joint Motion for Stipulated Final Judgment
AERIAL – PARCEL 366RDUE
GOLDEN GATE BLVD. PROJECT NO. 60145
EXISTING RIGHT-OF-WAY PER PLAT
/
PARCEL 366RDUE