Agenda 05/14/2019 Item #16K 4 (Stipulated Final Judgement for Parcel 332RDUE)05/14/2019
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment to settle final compensation for the
taking of Parcel 332RDUE, in the amount of $39,412, including statutory attorney fees and costs,
and expert fees and costs, in the lawsuit styled Collier County v. Priscilla Dias, et al, Case No. 16-
CA-1393, required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact:
$39,412)
OBJECTIVE: To settle final compensation owed for the taking of Parcel 332RDUE required for the
expansion of roadway and related drainage and utility improvements to Golden Gate Boulevard
Expansion Project, (Project No. 60145), hereinafter referred to as the “Project.”
CONSIDERATIONS: On November 18, 2016, the County condemned Parcel 332RDUE and deposited
$9,600 into the Court Registry as a good faith estimate of value pursuant to an Order of Taking in the
lawsuit styled Collier County v. Priscilla Dias, et al, Case No. 16-CA-1393. Parcel 332RDUE is on
improved property owned by Mary Chackal, was required for the construction of the Project, and is a
non-exclusive, road right-of-way, drainage and utility easement, containing 3,725 square feet. An aerial
photograph of the property is attached.
The County Attorney’s Office, (“CAO”), with Transportation staff, negotiated with Respondent’s counsel
and agreed to settlement terms contingent upon approval of the Board of County Commissioners, saving
the County the added cost of Mediation. The attached proposed Stipulated Final Judgment requires the
County pay Respondent $39,412 over the amount the County previously deposited into the Court
Registry, and includes statutory attorney fees and costs and expert fees and costs.
The CAO and staff recommend approval of the proposed Stipulated Final Judgment 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 $39,412 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. - CMG
RECOMMENDATION: To approve a Stipulated Final Judgment to settle final compensation for the
taking of Parcel 332RDUE, in the amount of $39,412, including statutory attorney fees and costs, and
expert fees and costs, in the lawsuit styled Collier County v. Priscilla Dias, et al, Case No. 16-CA-1393,
required for the Golden Gate Boulevard Expansion Project No. 60145.
Prepared by: Colleen M. Greene, Assistant County Attorney
ATTACHMENT(S)
1. Joint Motion for Stipulated Final Judgment Order (PDF)
2. Aerial Photograph of Parcel 332RDUE (PDF)
16.K.4
Packet Pg. 1805
05/14/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doc ID: 8798
Item Summary: Recommendation to approve a Stipulated Final Judgment to settle final
compensation for the taking of Parcel 332RDUE, in the amount of $39,412, including statutory attorney
fees and costs, and expert fees and costs, in the lawsuit styled Collier County v. Priscilla Dias, et al, Case
No. 16-CA-1393, required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact:
$39,412)
Meeting Date: 05/14/2019
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
04/29/2019 12:07 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
04/29/2019 12:07 PM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 04/29/2019 1:26 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 04/29/2019 1:49 PM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 04/29/2019 2:10 PM
Growth Management Department Gene Shue Additional Reviewer Completed 04/29/2019 2:12 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 04/29/2019 2:42 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 04/30/2019 10:11 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 04/30/2019 11:09 AM
Growth Management Department James C French Deputy Department Head Review Completed 05/01/2019 5:35 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 05/02/2019 12:03 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/03/2019 7:48 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/03/2019 1:15 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 05/06/2019 10:46 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/06/2019 11:25 AM
Board of County Commissioners MaryJo Brock Meeting Pending 05/14/2019 9:00 AM
16.K.4
Packet Pg. 1806
16.K.4.a
Packet Pg. 1807 Attachment: Joint Motion for Stipulated Final Judgment Order (8798 : Stipulated Final Judgment Parcel 332RDUE $39,412 16-CA-1393 Project
[16-CA-1393/1471637/1]
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 May, 2019.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
SERVICE LIST
COLLIER COUNTY, PRISCILLA DIAS, ET. AL.,
Case No. 16-CA-1393
PARCEL 332RDUE
MARY CHACKAL
c/o Joshua Smith, Esq.
Buchanan, Ingersoll & Rooney, PC
Joshua.smith@bipc.com
Deutsche Bank National Trust Company, as
trustee for Alliance Bancorp Trust
[Clerk’s Default, Docket #169]
16-CA-1393/741
16.K.4.a
Packet Pg. 1808 Attachment: Joint Motion for Stipulated Final Judgment Order (8798 : Stipulated Final Judgment Parcel 332RDUE $39,412 16-CA-1393 Project
[16-CA-1393/1471637/1]
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-1393
PARCEL: 332RDUE
PRISCILLA DIAS, ET. AL.,
Respondents.
_____________________________________/
STIPULATED FINAL JUDGMENT ORDER AS TO PARCEL 332RDUE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, MARY CHACKAL, by and through their
counsel, for entry of a Stipulated Final Judgment as to Parcel 332RDUE 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, MARY
CHACKAL, 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.4.a
Packet Pg. 1809 Attachment: Joint Motion for Stipulated Final Judgment Order (8798 : Stipulated Final Judgment Parcel 332RDUE $39,412 16-CA-1393 Project
[16-CA-1393/1471637/1]
ORDERED AND ADJUDGED that Respondent, MARY CHACKAL, have and recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Thirty Four Thousand and
No/100 Dollars, ($34,000.00), for Parcel 332RDUE, as full compensation for the property interest
taken and for damages resulting to the remainder, and for all other damages, statutory interest, in
connection with said parcel, 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 Nine Thousand Six Hundred
and No/100 Dollars, ($9,600.00), as payment for acquisition of Parcel 332RDUE, at which time
title to said parcel as described in Exhibit “A” vested in the name of the Petitioner; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay Fifteen Thousand
Twelve Dollars and 00/100 Dollars ($15,012.00), to Respondent in c/o Buchanan, Ingersoll,
Rooney, PC, c/o Joshua Smith, Esq., 401 E. Jackson St., Suite 2400, Tampa, FL 33602, for all
attorney fees and costs, 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 within thirty (30) days hereof, Petitioner shall pay the total sum of Twenty
Four Thousand and Four Hundred and No/100 Dollars, ($24,400.00), to Respondent in c/o
Buchanan, Ingersoll, Rooney, PC, c/o Joshua Smith, Esq., 401 E. Jackson St., Suite 2400, Tampa,
FL 33602,in additional funds over the amount previously deposited into the Court Registry; it is
further
ORDERED that this Stipulated Final Judgment Order disposes of all claims arising out of
the taking of Parcel 332RDUE 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 as to said parcel; it is further
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.4.a
Packet Pg. 1810 Attachment: Joint Motion for Stipulated Final Judgment Order (8798 : Stipulated Final Judgment Parcel 332RDUE $39,412 16-CA-1393 Project
[16-CA-1393/1471637/1]
ORDERED that the roadway drainage and utility easement interest to Parcel 332RDUE,
being fully described in Exhibit “A” attached hereto and incorporated herein, which vested in
Petitioner pursuant to the Stipulated Order of Taking dated November 14, 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 this cause and recorded in Official
Record Book 5301, Page 3275, of the Public Records of Collier County, Florida be dismissed as
to Parcel 332RDUE; 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 May, 2019.
______________________________________
THE HONORABLE HUGH D. HAYES
Circuit Court Judge
conformed copies to:
Colleen M. Greene, Esq., Counsel for PETITIONER, Colleen.Greene@colliercountyfl.gov
Joshua Smith, Esq., Counsel for RESPONDENT MARY CHACKAL, Joshua.smith@bipc.com
Clerk’s Office, Accounting
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.4.a
Packet Pg. 1811 Attachment: Joint Motion for Stipulated Final Judgment Order (8798 : Stipulated Final Judgment Parcel 332RDUE $39,412 16-CA-1393 Project
Exhibit "1" to Joint Motion for Stipulated Final Judgment
16.K.4.a
Packet Pg. 1812 Attachment: Joint Motion for Stipulated Final Judgment Order (8798 : Stipulated Final Judgment Parcel 332RDUE $39,412 16-CA-1393 Project
AERIAL – PARCEL 332RDUE
GOLDEN GATE BLVD. PROJECT NO. 60145
/
EXISTING RIGHT-OF-WAY PER PLAT
PARCEL 332RDUE
16.K.4.b
Packet Pg. 1813 Attachment: Aerial Photograph of Parcel 332RDUE (8798 : Stipulated Final Judgment Parcel 332RDUE $39,412 16-CA-1393 Project No. 60145)