Agenda 12/12/2017 Item #16K 512/12/2017
EXECUTIVE SUMMARY
Recommendation to approve a pre-hearing Stipulated Order of Taking and Final Judgment in the
amount $56,000 for the taking of Parcel 458RDUE required for the Golden Gate Blvd. Project No.
60145 (from east of Everglades Blvd. to east of the Faka Union Canal), in the pending case styled
Collier County v. CKC Property Holdings, LLC, et al., Case No. 17-CA-1398. (Fiscal Impact:
$56,170)
OBJECTIVE: To obtain a Stipulated Order of Taking and settle full compensation owed for the taking
of Parcel 458RDUE required for the Golden Gate Blvd. Project No. 60145 (from east of Everglades Blvd.
to east of the Faka Union Canal), hereinafter referred to as the “Project”.
CONSIDERATIONS: On March 28, 2017, the Board approved Condemnation Resolution 2017-65 to
acquire the necessary property to construct the Project. Parcel 458RDUE is a road right -of-way, drainage,
and utility easement containing 3,225 square feet taken from property owned by Diana M. Starr. An
Order of Taking hearing for the condemnation is scheduled on December 19, 2017 for the County to seek
title to this parcel from the Court, after which the County will deposit a good faith estimate of value of
$29,200, to secure the rights to the property while awaiting settlement of full compensation.
The proposed Stipulated Order will grant the County the rights to Parcel 458RDUE and, simultaneously,
settle full compensation. The parties reached a settlement of $56,000, inclusive of all statutory attorney
and expert fees and costs. This settlement is being recommended for Board approval due to unique
circumstances involving the damages to the remainder of the property after the taking, and the
preliminary stage of this case will prevent additional statutorily required attorney, expert, and mediation
costs being borne by the County. Additionally, a better result is not anticipated at trial. Upon approval of
this item, the CAO will file the attached Joint Motion for Stipulated Order of Taking and Final Judgment
with the Circuit Court. The County will also be required to pay a $170 Clerk’s deposit fee.
FISCAL IMPACT: Funds in the amount of $56,170 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: None.
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 pre-hearing Stipulated Order of Taking and Final Judgment in
the total amount of $56,000, for the taking of Parcel 458RDUE, required for the Golden Gate Boulevard
Project No. 60145 (from east of Everglades Blvd. to east of the Faka Union Canal), in the pending case
styled Collier County v. CKC Property Holdings, LLC, et al., Case No. 17-CA-1398.
PREPARED BY: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Proposed Stipulated Final Judgment Order P. 458RDUE (PDF)
2. Aerial Photograph Showing Parcel 458RDUE (PDF)
12/12/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doc ID: 4282
Item Summary: Recommendation to approve a pre-hearing Stipulated Order of Taking and Final
Judgment in the amount $56,000 for the taking of Parcel 458RDUE required for the Golden Gate Blvd.
Project No. 60145 (from east of Everglades Blvd. to east of the Faka Union Canal), in the pending case
styled Collier County v. CKC Property Holdings, LLC, et al., Case No. 17-CA-1398. (Fiscal Impact:
$56,170)
Meeting Date: 12/12/2017
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
11/28/2017 9:18 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
11/28/2017 9:18 AM
Approved By:
Review:
Growth Management Operations Support Allison Kearns Additional Reviewer Completed 11/28/2017 9:26 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 11/28/2017 9:26 AM
Growth Management Department Allison Kearns Additional Reviewer Completed 11/28/2017 9:27 AM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 11/28/2017 9:46 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 11/28/2017 12:41 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 11/30/2017 1:22 PM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 11/30/2017 3:45 PM
Growth Management Department James French Deputy Department Head Review Skipped 11/30/2017 3:52 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/01/2017 9:13 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/01/2017 3:03 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/01/2017 4:07 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 12/04/2017 11:17 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 12/04/2017 2:34 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
CIVIL ACTION
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, a political subdivision of
the State of Florida,
Petitioner,
Case No.: 17 -CA -1398
V. PARCEL: 458RDUE
CKC PROPERTY HOLDINGS, LLC; FIRST
FLORIDA INTEGRITY BANK, as successor to
First National Bank of the Gulf Coast, N.A.;
INSOUTH BANK; UNKNOWN TENANTS, if any;
DIANA M. STARR; Unknown Spouse of
Diana M. Starr, if any; Third Federal Savings and
Loan Association of Cleveland; DAN BRIAN
SCARNECCHIA; VICTORIA SCARNECCHIA,
Spousal Interest, if any; LOANDEPOT.COM, LLC,
d/b/a IMORTGAGE; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.; and FIFTH
THIRD MORTGAGE COMPANY;
Respondents.
PETITIONER COLLIER COUNTY AND RESPONDENT DIANA M. STARR'S JOINT
MOTION FOR STIPULATED ORDER OF TAKING AND FINAL JUDGMENT AS TO
PARCEL 458RDUE
COMES NOW, Petitioner, COLLIER COUNTY, and Respondent, DIANA M. STARR,
by and through their undersigned counsel, and jointly move this Honorable Court for the entry of
the Stipulated Order of Taking and Final Judt as Parcel UE, attached hereto as
Exhibit "1".
s
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
emilypgpinAcolIiergov.net
'enniferbel edio collier ov.net
nanc bradle collier ov.net
[17 -CA -1398/1378528/1 ]
.ED10 EDr3ARDO PANT ON, R.
Florida Bar N6,403546
Pantaleon Law Firm, F.A.
7479 Conroy Windermere Rd., Suite B
Orlando, FL 32835-2771
Telephone: (407) 392-2207
COUNSEL FOR RESPONDENT
DIANA M. STARR
edAyantaleonlaw.com
adressel@pantaleonlaw.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated
Order of Taldng 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 December, 2017.
EMILY R. PEPIN, ESQ.
SERVICE LIST
COLLIER COUNTY v. CKC PROPERTY HOLDINGS LLC et al.
Case No. 17 -CA -1398
PARCEL 458RDUE
DIANA M. STARR Unknown Spouse of Diana M. Starr, if any
c/o Igmedio Edgardo Pantaleon, Jr., Esq. [dropped, docket #73]
Pantaleon Law Firm, P.A.
edApantaleonlaw.com
adressel antaleonlaw.com
Third Federal Savings and Loan Association of
Cleveland, [clerk's default, docket #871
[I 7 -CA- 1398/1378528/1]
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.: 17 -CA -1398
PARCEL: 458RDUE
CKC PROPERTY HOLDINGS, LLC; FIRST
FLORIDA INTEGRITY BANK, as successor to
First National Bank of the Gulf Coast, N.A.;
INSOUTH BANK; UNKNOWN TENANTS, if any;
DIANA M. STARR; Unknown Spouse of
Diana M. Starr, if any; Third Federal Savings and
Loran Association of Cleveland; DAN BRIAN
SCARNECCHIA; VICTORIA SCARNECCHIA,
Spousal Interest, if any; LOANDEPOT.COM, LLC,
d/b/a IMORTGAGE; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.; and FIFTH
THIRD MORTGAGE COMPANY;
Respondents.
STIPULATED ORDER OF TAKING & FINAL JUDGMENT FOR PARCEL 458RDUE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, and Respondent, DIANA M. STARR, by and through counsel, for entry
of a Stipulated Order of Taking and Final Judgment as to Parcel 458RDUE 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
[I 7 -CA -1 398/1378528/1]
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 458RDUE is being acquired for a public
purpose and is reasonably necessary to serve this public purpose.
4. The Amended 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, DIANA M. STARR, shall recover from Petitioner, COLLIER
COUNTY, the total sum of Fifty Six Thousand and No/100 Dollars ($56,000.00) for Parcel
458RDUE, as full compensation for the property interest taken and for any damages resulting to
the remainder, 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
Fifty Six Thousand and No/100 Dollars ($56,000.00), as payment for acquisition of Parcel
458RDUE, at which time title to said parcel as described in Exhibit "A" is vested in the name of
the Petitioner.
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 Fifty Six Thousand and
No/100 Dollars ($56,000.00), to Pantaleon Law Firm, P.A., c/o Igmedio Edgardo Pantaleon, Jr.,
Esq., 7479 Conroy Windermere Rd., Suite B, Orlando, FL 32835-2771.
Exhibit "1" to Joint Motion for Stipulated Order of Taking and Final Judgment
[17 -CA -13981137852811]
8. This Stipulated Order of Taking and Final Judgment disposes of all claims arising
out of the taking of Parcel 458RDUE that have or could have been asserted in this cause, and no
further funds shall be awarded for attorney fees or costs.
9. The Notice of Lis Pendens filed in the above -styled cause and recorded in Oficial
Record Book 5424, Page 885 of the Public Records of Collier County, Florida is hereby released
as to Parcel 458RDUE.
10. The Court reserves jurisdiction to enforce the terms of this Stipulated Order of
Taking and Final Judgment.
11. This Stipulated Order of Taking and Final Judgment is to be recorded in the
Official Records of Collier County, Florida.
DONE AND ORDERED in Chambers, Collier County, Naples, Florida, this ` day of
December, 2017.
THE HONORABLE JAMES R. SHENKO
Circuit Court Judge
Conformed Co ies to:
Emily R. Pepin, Esq., Counsel for PETITIONER, emilypppinacolliergov.net
Igmedio Edgardo Pantaleon, Jr., Esq., Counsel for RESPONDENT DIANA M. STARR,
edApantaleonlaw.com
Clerk's Office, Accounting
Exhibit "1" to Joint Motion for Stipulated Order of Taking and Final Judgment
[17 -CA -139811378528/1]
IF
81
GATE BOULLVARD (CR 1376}
271+w 7
PROPOSED ROADWAY'EASEMEAITS
PARCEL. 458 ROUE
3,119 94. rr
TRACT` 82
GOLDEN GAT£ ESTATES
UNR 80
PLAT BOOK PACE 13
WEST 75' OF
FUST 190' ori'
SPACT 82
KC PRDPE.
NOLDPIGS LLC
0$ 4473/116
DOUGHERTY & HOEFER-HOPE.
OR 3865/3355
?R 446
TRACT 99
N
W F
S ,
OR OFFICIAL RECORDS (900K/PACE)
SQ. FT. SQUARE FEET
PROPOSED ROAOWAY, DRAINAGE WO UTILITY EASEMENT (RDUE)
®EXISTING ROADWAY EASEMENT DEDICATED 10 THE PERPETUAL .Ll q - m
USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 18
LEG& IESC FWN FOR PAR= 41sa RDUE FS 112010
A PORTION OF TRACT Q% GOLDEN GATE MATES, UNIT 80 AS R'ECORCED IN PINT BOOK 5, PAGE la OF THE PURUC
RECORDS OF COLLIER CCDNTY. FLORIDA, LYING IN SECTION S, TOWNSHIP ♦Q 50()1}1. RANGE w Ey�9T, COLLIER
COUNTY, FL ORA, BEING MORE PARTICULARLY DE.SCRiF1ED A5 FOLLOYrS
THE SOUTH 43 FEET OF TAC,NORTH 93 FEET OF THE WF,SI 75 FEET OF THE EAST 150 FEET OF SAID TRACT 82.
CON1AINIING 3,225 SQUARE FEET, MORE OR ASS.
0 40 0v 140
SKETCH # UESCRIP7ION ONLY �ride� 4 rw1R
NOT A BOUNDARY SUNVU scala I w Igo.
FOR: COLL" COLWM 116 "NUENr ROIIRD OF COUMY COMMISSIONERS flW rte. w► of
GMM GATE 80tUVARD owl'
SDS'1'CB & a PT11ON OF: MPOND ROADWAY 6ASE�}TT
FORGET, 458 TtA1TE - Iii ~i�rR
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I DEC. 20091 D.YI.d. I BR 476 1 1 W-1
EXHIBIT "A
Exhibit 11111 to Joint Motion for Stipulated Order of Taking and Final Judgment
AERIAL PHOTO SHOWING PARCEL 458RDUE
EXISTING RIGHT-OF-WAY (100')
PARCEL 458RDUE (43')
-