Agenda 01/14/2014 Item # 16K2 1/14/2014 16.K.2.
EXECUTIVE SUMMARY
Recommendation to approve a Final Judgment for the taking of Parcels 110FEE and
110TCE in the lawsuit styled Collier County v. Florida Power & Light Company, et al., Case
No. 13-CA-1329 as part of the Collier Boulevard widening project from Golden Gate
Boulevard to Green Boulevard (Project No. 68056). Fiscal Impact: $15,470.
OBJECTIVE: To settle all claims of compensation by the property owner, Nestor Rodriguez,
and mortgagee, Wells Fargo Bank, for the taking of Parcels 110FEE and 110TCE in the lawsuit
styled Collier County v. Florida Power & Light Company, et al, Case No. 13-CA-1329, for
Project 68056.
CONSIDERATIONS: Parcel 110FEE contains 6,300 square feet and Parcel 110TCE contains
750 square feet. The Parcels are required for the construction of improvements to Collier
Boulevard from Golden Gate Boulevard to Green Boulevard. In its original offer letter the
County offered to purchase the property for $82,200 on June 19, 2008. The Parcels were taken
by Order of Taking on July 16, 2013 and subsequent deposit of$66,300 by the County into the
Court Registry. The parent tract is a single family residence owned by Nestor Rodriguez. Mr.
Rodriguez, along with the mortgagee Wells Fargo Bank, have agreed to enter into a joint motion
for final judgment settling all costs owed to Respondents for a total of$81,600 (which includes
all expert witness costs and attorney fees to which the owner is entitled under Sections 73.091
and 73.092, F.S.).
Staff recommends settlement for full compensation as follows:
Additional Compensation Owed: $15,300
Clerk's Fee $ 170
TOTAL: $15,470
FISCAL IMPACT: Funds in the amount of$15,470 are available in impact fees. There are no
on-going maintenance or repair costs associated with the acquisition of right-of-way for the
project.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with the approval of this agenda item.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires a majority vote for Board approval. - ERP
RECOMMENDATION: That the Board of County Commissioners approves the attached Final
Judgment and authorize the payment of funds as stated.
Prepared by: Emily R. Pepin, Assistant County Attorney
Attachments: Joint Motion for Final Judgment with legal description.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.2.
Item Summary: Recommendation to approve a Final Judgment for the taking of Parcels
110FEE and 110TCE in the lawsuit styled Collier County v. Florida Power & Light Company, et al.,
Case No. 13-CA-1329 as part of the Collier Boulevard widening project from Golden Gate
Boulevard to Green Boulevard (Project No. 68056). Fiscal Impact: $15,470.
Meeting Date: 1/14/2014
Prepared By
Name: NeetVirginia
Title: Legal Assistant/Paralegal,County Attorney
12/30/2013 4:45:38 PM
Submitted by
Title: Assistant County Attorney, CAO Litigation
Name: PepinEmily
12/30/2013 4:45:40 PM
Approved By
Name: BoschRobert
Title: Right Of Way Coordinator,Transportation Engineerin
Date: 1/2/2014 3:47:45 PM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 1/7/2014 8:16:07 AM
Name: AhmadJay
Title: Director-Transportation Engineering,Transportation Engineering&Construction Management
Date: 1/7/2014 8:36:20 AM
Name: ShueGene
Date: 1/7/2014 8:54:15 AM
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Name: KearnsAllison
Date: 1/7/2014 9:37:14 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 1/7/2014 10:22:13 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 1/7/2014 12:18:43 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 1/7/2014 2:21:55 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 1/7/2014 3:16:40 PM
Name: OchsLeo
Title: County Manager
Date: 1/7/2014 3:34:42 PM
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, a political subdivision
of the State of Florida,
Petitioner, Case No.: 13-CA-1329
vs. Parcel Nos.: 110FEE, 110TCE
FLORIDA POWER& LIGHT COMPANY; et al.,
Respondents.
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon the Joint Motion for Entry of
Stipulated Final Judgment made by Petitioner, COLLIER COUNTY, FLORIDA, by and through
its undersigned counsel, and Respondents, NESTOR RODRIGUEZ and WELLS FARGO
BANK, N.A., by and through their undersigned counsel, as to Parcels 110FEE and 110TCE for
Project 68056, 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 as a
result of the taking, and the Court being fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondent, WELLS FARGO BANK, N.A., have
and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Eighty-One
Thousand, Six Hundred Dollars and No/100 ($81,600.00) for Parcels 110FEE and 110TCE, as
full compensation, including severance damages, cost to cure, statutory interest, business
damages, and for all other damages in connection with said parcel, including attorneys' fees,
expert fees and costs; it is further
ORDERED AND ADJUDGED that Respondent, Nestor Rodriguez, shall take nothing by
this action and shall go hence without day; it is further
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4840-3577-6022.1
44547/0140 VMB vb
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ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, is
entitled to a credit for good faith estimate of value previously deposited in the amount of Sixty-
Six Thousand Three Hundred Dollars and No/100 ($66,300.00) ("the First Deposit"); it is
further
ORDERED AND ADJUDGED that within thirty (30) days hereof, Petitioner, COLLIER
COUNTY, FLORIDA, shall deposit an additional Fifteen Thousand Three Hundred Dollars
and No/100 ($15,300.00) ("the Second Deposit") into the court's Registry; it is further
ORDERED AND ADJUDGED that the Clerk of the Court is hereby ordered to forthwith
disburse the First Deposit payable to Wells Fargo Bank, N.A. and shall, within three (3) days of
Petitioner's Second Deposit, disburse the Second Deposit payable to Wells Fargo Bank, N.A.
Both the First and Second Deposits shall be delivered to Victoria M. Beatty, Esq., Broad and
Cassel, 100 SE 31-d Avenue, Fort Lauderdale, Florida 33394.
ORDERED AND ADJUDGED that title to Parcels 110FEE and 110TCE, being fully
described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner
pursuant to the Order of Taking dated July 16, 2013, and the deposit of money heretofore made
is approved,ratified, and confirmed; it is further
ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled
cause and recorded in Official Record Book 4914, Page 3409, et.seq., of the Public Records of
Collier County, Florida be dismissed as to Parcels 110FEE and 110TCE; it is further
ORDERED AND ADJUDGED that the Court reserves jurisdiction to enforce the terms
of this Stipulated Final Judgment; it is further
ORDERED AND ADJUDGED that each party is to bear its own attorneys' fees and
costs; it is further
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r ORDERED AND ADJUDGED that this Stipulated Final Judgment is to be recorded in
the Official Records of Collier County, Florida; it is therefore
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this
day of , 2013.
HONORABLE,FREDFRICK R HARDT
CIRCUIT COURT JUDGE pi✓fl-t'.� �.
Conformed copies to:
Emily R. Pepin,Esquire
Christopher Perez-Gurri,Esquire
Victoria M. Beatty,Esquire
Kali Campbell, Esq.
Unknown Tenants
Brenda C.Garretson, Esquire
Kevin Hendricks,Acquisition Mgr./Transportation
Bookkeeping
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JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, NESTOR
RODRIGUEZ and WELLS FARGO BANK, N.A., hereby respectfully move for entry of the
foregoing Stipulated Final Judgment as to Parcels 110FEE and 110TCE.
III
CHRISTOPHER PEREZ-GURRI, ESQUIRE EMILY R. PEPIN, ESQUIRE
Florida Bar No. 31405 Florida Bar No. 92956
GPG Law ASSISTANT COUNTY ATTORNEY
3901 South Ocean Drive, Suite 11D Harmon Turner Building
Hollywood, FL 33019 3299 East Tamiami Trail-Suite 800
(954) 533-5530- Telephone Naples, Florida 34112
(954) 374-6588-Facsimile (239) 774-8400 - Telephone
service(✓apglawfirm.com (239) 252-6300—Facsimile
chris@gpglawfirm.com emilypepinncolliergov.net
ATTORNEY FOR RESPONDENT ATTORNEY FOR PETITIONER
NESTOR RO)RIGUEZ COLLIER COUNTY
Dated: II G (3 Dated:
VICTORI T BEATTY :QUIRE
Florida Bar No.
Broad and Cassel
100 S.E. 3rd Avenue-Suite 2700
One Financial Plaza
Fort Lauderdale, Florida 33394
(954) 764-7060-Telephone
(954) 713-0967-Facsimile
vbeattyn.broadandcassel.com
jrollins@broadandcassel.com
ATTORNEY FOR RESPONDENT
WELLS FAR ANK,N.A.
Dated: /i 5- /3
13-1329-CA/244
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