Agenda 11/13/2018 Item #16K 511/13/2018
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment for final compensation in the amount of
$87,500 for Parcel 300RDUE, plus $18,381 in statutory attorney fees and costs, and $2,967 for
expert fees and costs, in the lawsuit styled Collier County v. BLD Associates, LLC, et al, Case No. 16-
CA-1214, required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact:
$46,348).
OBJECTIVE: To settle full compensation owed for the taking of Parcel 300RDUE required for the
expansion of roadway and related drainage and utility improvements to Golden Gate Boulevard (Project
No. 60145), hereinafter referred to as the “Project.”
CONSIDERATIONS: On November 18, 2016, the County condemned Parcel 300RDUE and deposited
$62,500 into the Court registry as a good faith estimate of value pursuant to an Order of Taking in the
lawsuit styled Collier County v. BLD Associates, LLC, et al, Case No. 16-CA-1214. The parcel was
required for the construction of the Project and is a flag-shaped 53,411 square foot perpetual, non-
exclusive, road right-of-way, drainage and utility easement, with the eastern portion of the property
bordering the Miller Canal. This easement was acquired for the road improvements, as well as the
construction of a boat ramp for access to the canal and a concrete turn-around/parking area for County
official use only. An aerial of the property is attached.
Appraisers for both parties agree that the size, shape and use of the easement area damages the value of
the remainder property by approximately 90-95%. The remainder’s shape and size are irregular, and the
setbacks make it undesirable for the development of a home. The appraisals opine that the highest and
best use is arguably assemblage with the neighboring property after the taking leaving only nominal value
to the remainder. The County attempted to negotiate the purchase of the entire property, but the property
owner elected to retain ownership of the remainder.
This matter was set for mediation on October 30, 2018, and the property owner’s appraisal set the value
of the parcel at $94,900. Through negotiations prior to mediation, the parties agreed to a settlement of
$87,500 as final compensation for the property interest taken and any damages, plus $18,381 for statutory
attorney fees, and $2,967 for expert fees. If approved, the County will be obligated to pay an additional
$46,348 over the amount on deposit. The County Attorney’s Office and Staff recommend approval of
this Stipulated Final Judgment since a better result is not anticipated at trial. Upon approval, the County
Attorney’s Office will file the attached Joint Motion for Stipulated Final Judgment with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $46,348 will be paid from impact fees from the Golden Gate
Boulevard Expansion 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 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 $87,500 for Parcel
300RDUE, plus $18,381 for statutory attorney fees and costs, and $2,967 for expert fees and costs, in the
lawsuit styled Collier County v. BLD Associates, LLC, et al, Case No. 16-CA-1214, required for the
Golden Gate Boulevard Expansion Project No. 60145.
16.K.5
Packet Pg. 2108
11/13/2018
Prepared by: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Joint Motion for Stipulated Final Judgment Parcel 300RDUE (PDF)
2. Aerial Photograph of Parcel 300RDUE (PDF)
16.K.5
Packet Pg. 2109
11/13/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doc ID: 7238
Item Summary: Recommendation to approve a Stipulated Final Judgment for final compensation
in the amount of $87,500 for Parcel 300RDUE, plus $18,381 in statutory attorney fees and costs, and
$2,967 for expert fees and costs, in the lawsuit styled Collier County v. BLD Associates, LLC, et al, Case
No. 16-CA-1214, required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact:
$46,348)
Meeting Date: 11/13/2018
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
11/01/2018 4:29 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
11/01/2018 4:29 PM
Approved By:
Review:
Growth Management Department Gene Shue Additional Reviewer Completed 11/01/2018 6:00 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 11/02/2018 6:43 AM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 11/02/2018 7:16 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 11/02/2018 7:21 AM
Transportation Engineering Deborah Farris Additional Reviewer Completed 11/02/2018 7:25 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 11/02/2018 7:45 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 11/02/2018 9:47 AM
Growth Management Department Rosa Villarreal Deputy Department Head Review Skipped 11/02/2018 9:56 AM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 11/02/2018 10:18 AM
County Attorney's Office Emily Pepin CAO Preview Completed 11/02/2018 10:20 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/02/2018 10:41 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/02/2018 10:58 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 11/02/2018 4:23 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/04/2018 3:59 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/13/2018 9:00 AM
16.K.5
Packet Pg. 2110
16.K.5.a
Packet Pg. 2111 Attachment: Joint Motion for Stipulated Final Judgment Parcel 300RDUE (7238 : Approval of Stipulated Final Judgment in Collier County v.
[16-CA-1214/1442119/1]
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 November, 2018.
BY: _______________________________
EMILY R. PEPIN, ESQ.
SERVICE LIST
COLLIER COUNTY V. BLD ASSOCIATES, LLC, ET. AL.,
Case No. 16-CA-1214
PARCEL 300RDUE
SERAFIN LEON, JR. [property owner]
c/o Gregory W. Stoner, Esq.
GWS@StonerLawFirm.com
DMS@StonerLawFirm.com
Larry H. Ray, Collier County Tax Collector
c/o Carlos A. Kelly, Esq.
[Dropped, Docket #79]
Maria Gauta
[Dropped, Docket #78]
FNA Florida, LLC
[Clerk’s Default, Docket #77]
16-CA-1214/410
16.K.5.a
Packet Pg. 2112 Attachment: Joint Motion for Stipulated Final Judgment Parcel 300RDUE (7238 : Approval of Stipulated Final Judgment in Collier County v.
[16-CA-1214/1442119/1]
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Petitioner,
v. Case No.: 16-CA-1214
PARCEL: 300RDUE
BLD ASSOCIATES, LLC, ET. AL.,
Respondents.
_____________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 300RDUE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, (“COLLIER COUNTY”), and Respondent, SERAFIN LEON,
JR., by and through counsel, for entry of a Stipulated Final Judgment as to Parcel 300RDUE 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, SERAFIN LEON, JR., 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.5.a
Packet Pg. 2113 Attachment: Joint Motion for Stipulated Final Judgment Parcel 300RDUE (7238 : Approval of Stipulated Final Judgment in Collier County v.
[16-CA-1214/1442119/1]
ORDERED AND ADJUDGED that Respondent, SERAFIN LEON, JR., have and recover
from Petitioner, COLLIER COUNTY, the total sum of Eighty Seven Thousand Five Hundred
and No/100 Dollars ($87,500.00), for Parcel 300RDUE, as full compensation for the property
interest taken, all improvements, if any, and for damages resulting to the remainder, and for all
other damages in connection with said parcel; it is further
ORDERED that Petitioner, COLLIER COUNTY, shall pay Respondent Eighteen
Thousand Three Hundred Eighty One and 00/100 Dollars ($18,381.00), for attorney fees and
costs, and Two Thousand Nine Hundred Sixty Seven and 00/100 Dollars ($2,967.00), for expert
fees and costs, and no other attorney or expert fees or costs shall be awarded in this case as to said
parcel; it is further
ORDERED that Petitioner, COLLIER COUNTY, is entitled to a credit for the good faith
estimate of value previously deposited totaling Sixty Two Thousand Five Hundred and No/100
Dollars ($62,500.00), as payment for acquisition of Parcel 300RDUE, 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 of entry of this Stipulated Final Judgment,
Petitioner shall pay the balance of Forty Six Thousand Three Hundred Forty Eight and 00/100
Dollars ($46,348.00), to Respondent, c/o Gregory W. Stoner, Esq., 1525 International Parkway,
Suite 4021, Lake Mary, FL 32746; it is further
ORDERED that this Stipulated Final Judgment disposes of all claims arising out of the
taking of Parcel 300RDUE that have or could have been asserted in this cause, including any and
all attorney and expert fees and costs; it is further
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.5.a
Packet Pg. 2114 Attachment: Joint Motion for Stipulated Final Judgment Parcel 300RDUE (7238 : Approval of Stipulated Final Judgment in Collier County v.
[16-CA-1214/1442119/1]
ORDERED that the right-of-way roadway drainage and utility easement interest to Parcel
300RDUE, being fully described in Exhibit “A” attached hereto and incorporated herein, which
vested in Petitioner pursuant to the Order of Taking dated November 18, 2016, 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 5294, Page 1108 of the Public Records of Collier County, Florida be
dismissed as to Parcel 300RDUE; it is further
ORDERED that this 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.
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this
day of November, 2018.
___________________________________________
THE HONORABLE HUGH D. HAYES
Circuit Court Judge
Conformed Copies to:
Emily R. Pepin, Esq., Scott A. Stone, Esq., Co-Counsel for PETITIONER,
Emily.Pepin@colliercountyfl.gov; Scott.Stone@colliercountyfl.gov
Gregory W. Stoner, Esq., Counsel for RESPONDENT SERAFIN LEON, JR.,
GWS@StonerLawFirm.com
Clerk’s Office, Accounting
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.5.a
Packet Pg. 2115 Attachment: Joint Motion for Stipulated Final Judgment Parcel 300RDUE (7238 : Approval of Stipulated Final Judgment in Collier County v.
EXHIBIT'A
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LTCAI D'SCRIPNON FOR PARCIL JOO RDUE
4 POR]|ON li rPACl rljJ, (iOif)af' C^:r- [SIA'LS, liil 5l AS RLCORDTD iN PLiT AOOk 5, PACI 84 OF Tnl
F.jgLc Hr:(io'?l)s of:rlLL:n lorjNTY, FLoRllA. IYrNC lN SECTION 1, IOWNSHLF 49 solrli RANOI 2, lA5I,
ccLLtaR aoijj!:y, F"ORDA, FEr:.rC uORt PARrrCl-TLARLY DFSCR]Ei.0 AS f0LLoWS.
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SKEICI1 & OESCRIPTION ONLY
NOI A BOUNDARY SUfiVIY
FOR. coLLrER COuhIt GOVI'RHfiENI AoAiO Oi COUNIY CO|rulSSrO EiS
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COLDEN CATT AOU1JVANIJ
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BOAI RAMF IASEM€NT IROUT)
FAACEI TOO RDUE
cor-UE& couNT.r. l'l,oRlDA
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.,cir !r*i{r IkL.v's'oNl5a? r7 00 ar Dciill Fiv ol 2'l 1"80 Dr c. ?ocg 5.0.1 sx 100
sfril
Exhibit "1" to Joint Motion for Stipulated Final Judgment
16.K.5.a
Packet Pg. 2116 Attachment: Joint Motion for Stipulated Final Judgment Parcel 300RDUE (7238 : Approval of Stipulated Final Judgment in Collier County v. BLD
GOLDEN GATE BOULEVARD E. WIDENING DESCRIPTION OF PART TAKEN
Page 32
Aerial - Part Taken
Approximate boundary lines of part taken shown in blue. The existing drainage easement
within the part taken is shown in green.
16.K.5.b
Packet Pg. 2117 Attachment: Aerial Photograph of Parcel 300RDUE (7238 : Approval of Stipulated Final Judgment in Collier County v. BLD Associates, LLC,