Agenda 02/27/2018 Item #16K 902/27/2018
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $9,300 for the
taking of Parcel 457RDUE required for the expansion of Golden Gate Blvd., Project No. 60145
(from east of Everglades Blvd. to 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: $4,070)
OBJECTIVE: To settle full compensation owed for the taking of Parcel 457RDUE required for the
expansion of Golden Gate Blvd., Project No. 60145 (from east of Everglades Blvd. to the Faka Union
Canal), hereinafter the “Project”.
CONSIDERATIONS: On March 28, 2017, the Board approved Condemnation Resolution 2017-65 to
acquire the necessary property to construct the Project. Pursuant to the Order of Taking entered
December 19, 2017, the County condemned Parcel 457RDUE and deposited a good faith estimate of
value in the amount of $5,400 into the Court Registry. Parcel 457RDUE is a road right-of-way, drainage,
and utility easement containing 3,750 square feet taken from improved property owned by CKC Property
Holdings, LLC. An aerial photograph of Parcel 457RDUE is attached. Through negotiations, the County
Attorney’s Office (CAO), arrived at a global settlement amount of $9,300, including all attorney and
expert fees and costs. Upon approval of this settlement by the Board, the County will be obligated to pay
an additional $3,900 over the previous deposit in the Court Registry. A fee of $170 is required by the
Clerk for deposit of funds into the Court Registry.
The CAO and Transportation staff recommend the Board approve this settlement 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 $4,070 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 Stipulated Final Judgment in the total amount of $9,300 for full
compensation of the taking of Parcel 457RDUE required for the expansion of Golden Gate Blvd., Project
No. 60145 (from east of Everglades Blvd. to 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 (PDF)
2. Aerial Photograph of Parcel 457RDUE (PDF)
16.K.9
Packet Pg. 1632
02/27/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.9
Doc ID: 4910
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of
$9,300 for the taking of Parcel 457RDUE required for the expansion of Golden Gate Blvd., Project No.
60145 (from east of Everglades Blvd. to 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: $4,070)
Meeting Date: 02/27/2018
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
02/20/2018 2:20 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
02/20/2018 2:20 PM
Approved By:
Review:
Growth Management Department Diane Lynch Level 1 Reviewer Completed 02/20/2018 2:28 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 02/20/2018 2:52 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 02/20/2018 2:59 PM
Growth Management Department Gene Shue Additional Reviewer Completed 02/20/2018 5:55 PM
Growth Management Operations Support Allison Kearns Additional Reviewer Completed 02/20/2018 8:15 PM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 02/21/2018 9:10 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 02/21/2018 9:25 AM
Growth Management Department James French Deputy Department Head Review Completed 02/21/2018 9:39 AM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 02/21/2018 10:08 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/21/2018 10:26 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/21/2018 10:52 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 02/21/2018 11:02 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/21/2018 11:23 AM
Board of County Commissioners MaryJo Brock Meeting Pending 02/27/2018 9:00 AM
16.K.9
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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.:
PARCEL:
I7-CA-1398
457RDUE
CKC PROPERTY HOLDINGS, LLC; FIRST
FLORIDA INTEGRITY BANK, as successor to
First National Bank of the Gulf Coast, N A.;
INSOUTH BANK: UNKNOWN TENANTS, n/k/a
Shanius Gill; Diana M. Starr, Unknown Spouse of
Diana M. Starr, ifany. Third Federal Savings and
Loan Association of Cleveland-, DAN BRIAN
SCARNECCHIA; VICTORIA SCARNECCHIA,
Spousal Interest, ifany; LOANDIiPOT.COM, LLC,
d/b/a IMORTGAGE; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.; and FIFTH
THIRD MORTGAGE COMPANY;
Respondents.
/
PETITIONER COLLIER COUNTY AND RESPONDENT CKC PROPERTY
HOLDINGS, LLC'S JOINT MOTION FOR STIPULATED FINAL JUDGMENT
AS TO PARCEL 457RDUE
COMES NOW, Petitioner, COLLIER COUNTY, together with Respondent, CKC
PROPERTY HOLDINGS, LLC, by and through undersigned counsel, and jointly move this
Honorable Court for entry of the proposed Stipulated Final Judgment Order as to Parcel
457RDUE attached hereto as Exhibit "1".
EMILY R.PEPIN, ESQ.
Florida Bar No. 92956
Collier County Attorney's Office
3299 East Tamiami Trail, Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Emilv.Pepin@colliercountvfi.uov
Jennifer. Bclncdio@cojlicrcoiiittvn.gov
Nanev.Bradlev@colliercoiintvfl.uov
MICl-IAELTl. WHll^fESQ.
Norida BarNcf:o725020
Rpbttis Kaplan LLP
711 Fifth Avenue South, Suite 201
Naples, FL34I02
Telephone: (239) 430-7070
COUNSEL FOR RESPONDENT
CKC PROPERTY HOLDINGS, LLC
mwhilt@rQbinskaplan.com
awamback@robinskanlan,com
117-CA-1398/13M354/I1
16.K.9.a
Packet Pg. 1634 Attachment: Proposed Stipulated Final Judgment (4910 : Stipulated Final Judgment $9,300 Parcel 457RDUE Project No. 60145 Case No. 17-
[17-CA-1398/1394354/1]
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 to parties appearing via electronically; and by U.S. mail to parties as indicated on the
Service List below on this _____ day of February, 2018.
BY: _______________________________
EMILY R. PEPIN, ESQ.
SERVICE LIST
COLLIER COUNTY v. CKC PROPERTY HOLDINGS, LLC, et al.
Case No. 17-CA-1398
PARCEL 457RDUE
CKC PROPERTY HOLDINGS, LLC
c/o Michael R. Whitt, Esq.
MWhitt@RobinsKaplan.com
AWamback@RobinsKaplan.com
FIRST FLORIDA INTEGRITY BANK, as
Successor to First National Bank of the Gulf
Coast, N.A.
3580 Pine Ridge Road
Naples, FL 34109
INSOUTH BANK
111 S. Washington Street
Brownsville, TN 38012
UNKNOWN TENANTS, n/k/a Shamus Gill
3841 Golden Gate Blvd. E.
Naples, FL 34120
16.K.9.a
Packet Pg. 1635 Attachment: Proposed Stipulated Final Judgment (4910 : Stipulated Final Judgment $9,300 Parcel 457RDUE Project No. 60145 Case No. 17-CA-
[17-CA-1398/1394354/1]
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,
Case No.: 17-CA-1398
v. PARCEL: 457RDUE
CKC PROPERTY HOLDINGS, LLC; FIRST
FLORIDA INTEGRITY BANK, as successor to
First National Bank of the Gulf Coast, N.A.;
INSOUTH BANK; UNKNOWN TENANTS, n/k/a
Shamus Gill; 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.
_____________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 457RDUE
THIS CAUSE, having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, and Respondent, CKC PROPERTY HOLDINGS, LLC, by and through
counsel, for entry of a Stipulated Final Judgment as to Parcel 457RDUE 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, CKC
PROPERTY HOLDINGS, LLC, 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.9.a
Packet Pg. 1636 Attachment: Proposed Stipulated Final Judgment (4910 : Stipulated Final Judgment $9,300 Parcel 457RDUE Project No. 60145 Case No. 17-CA-
[17-CA-1398/1394354/1]
ORDERED AND ADJUDGED that Respondent, CKC PROPERTY HOLDINGS, LLC,
have and recover from Petitioner, COLLIER COUNTY, the total sum of Nine Thousand Three
Hundred and No/100 Dollars ($9,300.00) for Parcel 457RDUE, 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, FLORIDA, is entitled to a credit for the
good faith estimate of value previously deposited in the amount of Five Thousand Four Hundred
and No/100 Dollars ($5,400.00), as payment for acquisition of Parcel 457RDUE, 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 deposit the total sum of
Three Thousand Nine Hundred and No/100 Dollars ($3,900.00) into the Court Registry, which
funds are subject to apportionment by further order of the Court; it is further
ORDERED that this Court reserves jurisdiction for apportionment for the funds on deposit
in the Court Registry as to Parcel 457RDUE. Any Motion for Apportionment must be filed in this
action no later than thirty (30) days from the date of entry of this Stipulated Final Judgment, or
such claim shall be waived and forever barred; it is further
ORDERED that this Order disposes of all claims arising out of the taking of Parcel
457RDUE 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
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.9.a
Packet Pg. 1637 Attachment: Proposed Stipulated Final Judgment (4910 : Stipulated Final Judgment $9,300 Parcel 457RDUE Project No. 60145 Case No. 17-CA-
[17-CA-1398/1394354/1]
ORDERED that the road right-of-way, drainage, and utility easement interest to Parcel
457RDUE, being fully described in Exhibit “A” attached hereto and incorporated herein, which
vested in Petitioner pursuant to the Order of Taking dated December 19, 2017, and the deposit of
money heretofore made, is approved, ratified, and confirmed; it is further
ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in
Official Record Book 5424, Page 885 of the Public Records of Collier County, Florida be
dismissed as to Parcel 457RDUE; 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 , 2018.
THE HONORABLE JAMES R. SHENKO
Circuit Court Judge
Conformed Copies to:
Emily R. Pepin, Esq., Counsel for PETITIONER, Emily.Pepin@colliercountyfl.gov
Michael R. Whitt, Esq., Counsel for RESPONDENT CKC PROPERTY HOLDINGS, LLC,
MWhitt@RobinsKaplan.com
Interested Party RESPONDENT FIRST FLORIDA INTEGRITY BANK, as successor to First
National Bank of the Gulf Coast, N.A., 3580 Pine Ridge Road, Naples, FL 34109
Interested Party RESPONDENT INSOUTH BANK, 111 S. Washington Street,
Brownsville, TN 38012
Interested Party RESPONDENT UNKNOWN TENANT, n/k/a/ Shamus Gill, 3841 Golden
Gate Blvd. E., Naples, FL 34120
Clerk’s Accounting
17-CA-1398/#498
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.9.a
Packet Pg. 1638 Attachment: Proposed Stipulated Final Judgment (4910 : Stipulated Final Judgment $9,300 Parcel 457RDUE Project No. 60145 Case No. 17-CA-
Exhibit "1" to Joint Motion for Stipulated Final Judgment
16.K.9.a
Packet Pg. 1639 Attachment: Proposed Stipulated Final Judgment (4910 : Stipulated Final Judgment $9,300 Parcel 457RDUE Project No. 60145 Case No. 17-CA-
AERIAL – PARCEL 457RDUE
GOLDEN GATE BLVD. PROJECT NO. 60145
EXISTING RIGHT-OF-WAY PER PLAT
/
PARCEL 457RDUE
16.K.9.b
Packet Pg. 1640 Attachment: Aerial Photograph of Parcel 457RDUE (4910 : Stipulated Final Judgment $9,300 Parcel 457RDUE Project No. 60145 Case No. 17-