Agenda 09/11/2018 Item #16K109/11/2018
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $33,000 for Parcel
234RDUE, plus $9,000 for statutory attorney fees and costs, in the lawsuit styled Collier County v.
Arabel Subiaut, et al, Case No. 14-CA-2762, required for the Golden Gate Boulevard Expansion
Project No. 60040. (Fiscal Impact: $38,500)
OBJECTIVE: To settle full compensation owed for the taking of Parcel 234RDUE required for the
construction of roadway and related drainage and utility improvements required for the expansion of
Golden Gate Boulevard (Project No. 60040), hereinafter referred to as the “Project.”
CONSIDERATIONS: On July 9, 2015, Collier County condemned Parcel 234RDUE and deposited
$3,500 into the Court registry as a good faith estimate of value pursuant to an Order of Taking in the
lawsuit styled Collier County v. Arabel Subiaut, et al, Case No. 14-CA-2762. The parcel was required for
the construction of the Project, and is a 2,875-square foot perpetual, non-exclusive road right-of-way,
drainage and utility easement. The easement was taken from improved property owned by Jose Luis
Carballea and Griselda Leyva. The property was encumbered by an existing 50-foot right-of-way
easement in front of the home and this taking added and additional 38 feet of right-of-way for this Project.
The improvements taken along with the easement include an asphalt driveway, concrete pillars with
lights, minimal landscaping, clearing and grading. An aerial photograph of the property is attached.
Through negotiations, the parties agreed to a settlement of $42,000 global which the property owner has
asked to be divided as follows: $33,000 for the property interest and damages and $9,000 for statutory
attorney fees and costs. If approved, the County will be required to pay an additional $38,500 to
Respondent. The County Attorney’s Office (CAO) and Staff recommend approval of this Stipulated
Final Judgment since a better result is not anticipated at trial. Upon approval, the CAO will file the Joint
Motion for Stipulated Final Judgment with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $38,500 will be paid from impact fees from the Golden Gate
Boulevard Expansion Project No. 60040. 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 Final Judgment in the amount of $33,000 for Parcel
234RDUE, plus $9,000 for statutory attorney fees and costs, in the lawsuit styled Collier County v.
Arabel Subiaut, et al, Case No. 14-CA-2762, required for the Golden Gate Boulevard Expansion Project
No. 60040.
Prepared By: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Joint Motion for Stipulated Final Judgment (PDF)
2. Aerial Photograph of Parcel 234rdue (PDF)
16.K.1
Packet Pg. 2777
09/11/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doc ID: 6239
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$33,000 for Parcel 234RDUE, plus $9,000 for statutory attorney fees and costs, in the lawsuit styled
Collier County v. Arabel Subiaut, et al, Case No. 14-CA-2762, required for the Golden Gate Boulevard
Expansion Project No. 60040. (Fiscal Impact: $38,500)
Meeting Date: 09/11/2018
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
07/19/2018 2:56 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
07/19/2018 2:56 PM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 07/19/2018 4:01 PM
Growth Management Department Tara Castillo Additional Reviewer Completed 07/20/2018 8:55 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 07/20/2018 9:12 AM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 07/20/2018 9:42 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 08/07/2018 12:17 PM
Growth Management Department Gene Shue Additional Reviewer Completed 08/07/2018 5:08 PM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 08/10/2018 10:01 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 08/10/2018 12:16 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/10/2018 1:11 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/14/2018 11:07 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 08/14/2018 1:56 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/03/2018 6:56 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/11/2018 9:00 AM
16.K.1
Packet Pg. 2778
IN TI{E CIRCUIT COT]RT OF TIIE TWENTIETH JUDICIAL CIRCUTT
IN AND FOR COLLIER COUNTY, FI,ORIDA
CTVILACTION
PETITIONER, COLLIER COI'NTY, AND RESPONDENTS, JOSE L[]IS CARBALLEA
AND GRISELDA LEYVA, JOINT MOTION FOR STIPULATED I'INAL JUDGMENT
AS TO PARCEL 234RDUE
COMES NOW, Petitioner, COLLIER COIJNTY, FLORIDA, by and through
undersigned counsel, together with Respondents, JOSE LUIS CARBALLEA and GRISELDA
LEWA, and hereby respectfully move for enfy of the Stipulated Final Judgment as to Parcel
234RDUE, attached hereto as Exhibit "l"
COLLIER COIJNTY, FLORIDA, a
political subdivision of the State ofFlorida,
Petitioner,
ARABEL SUBIAUT; eral
Respondents
EMILY R. PEPIN, ESQ.
Florida Bar No. 92956
Collier County Attomey's Office
3299 East Tamiami Trail, Suite 800
Naples, FL 34112
Telephone: Q39) 252-8400
Co-Counsel for P etilioner
emilvpepin@collierqov.net
i enniferbeloedio@colliergov.net
sherirnalcolm@colliergov.net
CaseNo.: l4-CA-2762
Parcel: 234RDUE
Harris, Harris, Buaerle, Zieglet, Lopz
1201 East Robinson Street
Orlando, FL 32801-2115
Telephone: (407) 843 -0404
C ouns el for Re spondents
edcar@ihbdflorid&com
It4-CA-n62lt423490,lll
16.K.1.a
Packet Pg. 2779 Attachment: Joint Motion for Stipulated Final Judgment (6239 : Stipulated Final Judgment - Parcel 234RDUE - $33,000 - 14-CA-2762 - project
CERTIFICATE OF SER\TCE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated
Final Judgment was electronically frled 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 , 2018.
BY:
SERVICE LIST
Jose Luis Carballea
Griselda Lelva
c/o Edgar Lopez, Esq.
HARzuS HARzuS BAUERLE ZIEGLER LOPEZ
1201 East Robinson Street Orlando, Florida 32801-21 l5
Telephone: (407) 843 -0404
Facsimile: (407) 843 -04 4 4
edsar@hhbzlfl orida.com
rebecca@hhbzlfl orida.com
Mortgage Electronic Registration Systems, Inc.
Nationstar Mort gage, LLC
c/o Hinshaw & Culbertson. LLP
WHolden@hinshawlaw. com
bfemandez@hinshawlaw. com
EMILY R. PEPIN, ESQ.
lt 4 -c A-27 62 / | 42364 | / tl
16.K.1.a
Packet Pg. 2780 Attachment: Joint Motion for Stipulated Final Judgment (6239 : Stipulated Final Judgment - Parcel 234RDUE - $33,000 - 14-CA-2762 - project
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY. F'LORIDA
CIVIL ACTION
COLLIER COLINTY, FLORIDA, A
political subdivision of the State of Florida,
Petitioner,
ARABEL SUBIAUT; erai
Respondents
Case No.: l4-CA-2762
Parcel: 234RDUE
STIPULATED F'INAL JUDGMENT FOR PARCEL 234RDUE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner.
COLLIER COIINTY, FLORIDA. and Respondents, JOSE LUIS CARBALLEA and
GRISELDA LEWA, by and tbrough the undersigned counsel, for entry of a Stipulated Final
Judgment as to Parcel 234RDUE for Project No. 60040, 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
ORDERED AND ADJUDGED that:
1. Respondents, JOSE LUIS CARBALLEA and GRISELDA LEWA, shall recover
from Petitioner, COLLIER COLINTY, FLORIDA, the total sum of Thirty-Three Thousand
and No/100 Dollars ($33,000,00), subject to apportionment, for Parcel 234RDUE, as full
payment for the property interest taken and for any damages resulting to the remainder, ifless
u1-c A-2',7 621r423611 t1l
Exhibit "1" to Joint Motion for Stipulated Final Judgment
16.K.1.a
Packet Pg. 2781 Attachment: Joint Motion for Stipulated Final Judgment (6239 : Stipulated Final Judgment - Parcel 234RDUE - $33,000 - 14-CA-2762 - project
than the entire property was taken, and for all other damages in connection with said parcel.
2. Petitioner. COLLIER COUNTY, FLORIDA, is entitled to a credit for the good
faith estimate of value deposited in the amount of Three Thousand Five Hundred and No/100
Dollars ($3,500.00), as payment for acquisition of Parcel 234RDUE.
3. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the balance of Twenty-Nine Thousand Five Hundred and
No/100 Dollars ($29,500.00) to Harris, Harris, Bauerle, Ziegler, Lopez, c/o Edgar Lopez, Esq.,
1201 E. Robinson Street, Orlando. FL 32801, which funds shall be held in trust, subject to
apportionment.
4. Within thirty (30) days from the entry of this Order, Petitioner shall pay Nine
Thousand and 00/100 Dollars ($9,000.00), to Harris, Harris, Bauerle, Ziegler, Lopez, c/o Edgar
Lopez, Esq., 1201 E. Robinson Street, Orlando, FL 32801, for all statutory attomey fees and costs,
and all expert fees, including all fees related to monetary and non-monetary benefits and
supplemental proceedings. if any; and no other attomey fees and costs and expert fees shall be
awarded in this matter.
5. This Order disposes ofall claims arising out ofthe taking ofParcel 234RDUE and
that have, or could have. been asserted in this cause.
6. A Perpetual, Non-Exclusive Road Right-Of-Way Drainage and Utility Easement
to Parcel 234RDUE, being fully described in Composite Exhibit "A" attached hereto and
incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated July 9.
2015, and the deposit ofmoney heretofore made, is approved, ratified, and confirmed.
| 4-C A-27 62/142364t ll)
Exhibit "1" to Joint Motion for Stipulated Final Judgment
16.K.1.a
Packet Pg. 2782 Attachment: Joint Motion for Stipulated Final Judgment (6239 : Stipulated Final Judgment - Parcel 234RDUE - $33,000 - 14-CA-2762 - project
7. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 5112, Page ll29 of the Public Records of Collier County, Florida is hereby
released as to Parcel 234RDUE.
8. The Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment and apportionment.
9. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
Corurty, Florida.
DONE AND ORDERED in Naples, Collier County, Florida, this _ day of
,2018.
HONORABLE FREDERICK R. TIARDT
CIRCUIT COURT JUDGE
cc: Emily R. Pepiq Esq., Counsel for Petitloner, emilypepin@colliereov.net
Edgar Lopez, Esq., Counsel for Respondents, edear@hhbzlflorida.com
Mortgage Electronic Registration Systems, Inc., Nationstar Mortgage, LLC, c/o Hinshaw
& Culbertson, LLP, WHolden@.hinshawlaw.com; bfemandez@hinshawlaw.com
lt4-cA-27 621 t423641 ltl
Exhibit "1" to Joint Motion for Stipulated Final Judgment
16.K.1.a
Packet Pg. 2783 Attachment: Joint Motion for Stipulated Final Judgment (6239 : Stipulated Final Judgment - Parcel 234RDUE - $33,000 - 14-CA-2762 - project
X IBIT "A"i GOLDEN GATE BOULEVARD (CR 876)
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i TEQ1-ROW LINE TABLE
LINE BEARING I LENGTHZFE1312010115893158W, 105.02'
L2 ,S00•30.06E 50.00'SO. ET. SQUARE FEET
L3 500'30'05E 43.00'OR OFFICIAL RECORDS ( BOOK/PAGE)
14 S89'31'56w ! 4,97'IIIISZ PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE) _ 15 NO0'30.06'W 4 5,00'
77 EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUALUSEOFTHEPUBLICPERPLATBOOK5. PAGE 78
L6 589'31'58"W i 70.04'
LT NOU 30'06"W 1 38.00'
L8 N89•31'58E 1 75.01'
LEGAL DESCRIPTION FOR PARCEL 234 ROUE
A PORTION OF TRACT 97. GOLDEN GATE ESTATES. UNIT 48 AS RECORDED IN PLAT EiooK 5, PAGE 78 OF THE PUBLICRECORDSOFCOLLIERCOUNTY, FLORIDA, LYING IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 27 EAST. COLLIERCOUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 97;
THENCE S.8931'58W„ ALONG THE NORTH LINE OF SAID TRACT 97, FOR 105,02 FEET TO A POINT ON THE EAST LINEOFTHEWEST75FEETOFTHEEAST180FEETOF SAID TRACT 97;
THENCE S 00130.06E., ALONG SAID EAST LINE, FOR 50.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 50FEET OF SAID TRACT 97 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE CONTINUE S.00*30'O6E, ALONG SAID EAST LINE. FOR 43 00 FEET;
THENCE 5.89'31'58"w.. FOR 4,97 FEET,'
THENCE N.00'30.06-W., FOR 5.00 FEET;
THENCE S.8931.58"W., FOR 70.04 FEET TO A POINT ON THE WEST LINE OF THE EAST 180 FEET OF SAID TRACT 97,THENCE N.00•30'06"W., ALONG SAID WEST LINE. FOR 38.00 FEET TO A POINT ON SAID SOUTH LINE;
THENCE N,8931'58't., ALONG SAID SOUTH LINE, FOR 75.01 FEET 10 THE POINT OF BEGINNING OF THE HEREINDESCRIBEDPARCEL
CONTAINING 2,875 SQUARE FEET. MORE OR LESS.
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Phone,(23g)087-0575 FAX:( 232/89795711
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Exhibit "1" to Joint Motion for Stipulated Final Judgment
16.K.1.a
Packet Pg. 2784 Attachment: Joint Motion for Stipulated Final Judgment (6239 : Stipulated Final Judgment - Parcel 234RDUE - $33,000 - 14-CA-2762 - project
AERIAL – PARCEL 234RDUE
GOLDEN GATE BLVD. PROJECT NO. 60145
/
PARCEL 234RDUE
16.K.1.b
Packet Pg. 2785 Attachment: Aerial Photograph of Parcel 234rdue (6239 : Stipulated Final Judgment - Parcel 234RDUE - $33,000 - 14-CA-2762 - project 60040)