Agenda 09/24/2019 Item #16K 2 (Stipulated Final Judgment for the GG Blvd Expansion Project #60145)09/24/2019
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment to settle final compensation for the
taking of Parcel 432RDUE, in the amount of $12,000, including statutory attorney fees and costs,
and expert fees and costs, in the lawsuit styled Collier County v. Angel Crespo, et al, Case No. 17-
CA-1386, required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact:
$10,200)
OBJECTIVE: To settle final compensation owed for the taking of Parcel 432RDUE required for the
expansion of roadway and related drainage and utility improvements to Golden Gate Boulevard
Expansion Project No. 60145 (east of Everglades Blvd. to Faka Union Canal), hereinafter referred to as
the “Project.”
CONSIDERATIONS: On December 19, 2017, the County condemned Parcel 432RDUE and
subsequently deposited the amount of $1,800 into the Court Registry as a good faith estimate of value
pursuant to the Stipulated Order of Taking in the lawsuit styled Collier County v. Angel Crespo, et al,
Case No. 17-CA-1386. Parcel 432RDUE is on vacant property consisting of 1.17 acres, owned by
Lawrence and Linda Rudzinski, and is a non-exclusive, road right-of-way, drainage and utility easement,
containing 3,300 square feet. An aerial photograph of the property is attached.
As a result of settlement negotiations between counsel, and contingent upon approval by the Board, the
parties have agreed to settle final compensation for the taking of Parcel 432RDUE, in the amount of
$12,000, including statutory attorney fees and costs, and expert fees and costs. The initial offer by
Respondent was $15,900, exclusive of fees and costs and the County Attorney’s Office (“CAO”) and
Transportation staff were able to negotiate final compensation, including statutory attorney fees and costs,
and expert fees and costs, for the parcel without the added expense of mediation. The terms of the
Stipulated Final Judgment require the County pay Respondent $10,200 for the easement interest taken,
which amount includes a credit for the County’s good faith estimate of value deposit into the Court
Registry, all statutory attorney fees and costs, and all expert fees and costs.
The CAO and staff recommend approval of the proposed Stipulated Final Judgment as 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 $10,200 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 432RDUE, in the amount of $12,000, including statutory attorney fees and costs, and
expert fees and costs, in the lawsuit styled Collier County v. Angel Crespo, et al, Case No. 17-CA-1386,
required for the Golden Gate Boulevard Expansion Project No. 60145.
Prepared by: Colleen M. Greene, Assistant County Attorney
16.K.2
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09/24/2019
ATTACHMENT(S)
1. Joint Motion for Stipulated Final Judgment as to Parcel 432RDUE (PDF)
2. Aerial Photograph of Parcel 432RDUE (PDF)
16.K.2
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09/24/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2
Doc ID: 10164
Item Summary: Recommendation to approve a Stipulated Final Judgment to settle final
compensation for the taking of Parcel 432RDUE, in the amount of $12,000, including statutory attorney
fees and costs, and expert fees and costs, in the lawsuit styled Collier County v. Angel Crespo, et al, Case
No. 17-CA-1386, required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact:
$10,200)
Meeting Date: 09/24/2019
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
09/13/2019 4:58 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/13/2019 4:58 PM
Approved By:
Review:
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 09/16/2019 7:33 AM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 09/16/2019 7:46 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 09/16/2019 7:52 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 09/16/2019 8:05 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 09/16/2019 8:28 AM
Growth Management Department Gene Shue Additional Reviewer Completed 09/16/2019 8:57 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 09/16/2019 9:35 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 09/16/2019 2:29 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/16/2019 3:47 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/16/2019 5:06 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/17/2019 12:45 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 09/17/2019 1:59 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/24/2019 9:00 AM
16.K.2
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16.K.2.a
Packet Pg. 2644 Attachment: Joint Motion for Stipulated Final Judgment as to Parcel 432RDUE (10164 : Stipulated Final Judgment - 17-CA-1386 - Project 60145 -
[17-CA-1386/1467796/1]
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 September, 2019.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
SERVICE LIST
COLLIER COUNTY v. ANGEL CRESPO, et al.,
Case No. 17-CA-1386
PARCEL 432RDUE
LAWRENCE C. RUDZINSKI and
LINDA ANN RUDZINSKI
c/o Fred Werdine, Esq.
Shutts & Bowen LLP
fwerdine@shutts.com
17-CA-1386/#862
16.K.2.a
Packet Pg. 2645 Attachment: Joint Motion for Stipulated Final Judgment as to Parcel 432RDUE (10164 : Stipulated Final Judgment - 17-CA-1386 - Project 60145 -
[17-CA-1386/1467796/1]
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-1386
v. PARCEL: 432RDUE
Angel Crespo; Mayelin Herrada; Mortgage Electronic
Registration Systems, Inc., and as nominee for United
Wholesale Mortgage; W.J. Bradley Mortgage
Capital, LLC; Allen Prudhomme; Jean Mary Lonese,
spousal interest of Allen Prudhomme; Chase Home
Finance, LLC; United States of America, acting
through the Rural Housing Service, USDA, Rural
Development, Guaranteed Loan Branch – FC 350;
LAWRENCE C. RUDZINSKI; LINDA ANN
RUDZINSKI; Jeremy R. Fear; Unknown Spouse of
Jeremy R. Fear, if any; and United Wholesale Mortgage;
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT ORDER AS TO PARCEL 432RDUE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, and Respondents, LAWRENCE C. RUDZINSKI, and LINDA ANN
RUDZINSKI, by and through their counsel, for entry of a Stipulated Final Judgment Order as to
Parcel 432RDUE, 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 Respondents, LAWRENCE C. RUDZINSKI, and LINDA ANN
RUDZINSKI, 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.2.a
Packet Pg. 2646 Attachment: Joint Motion for Stipulated Final Judgment as to Parcel 432RDUE (10164 : Stipulated Final Judgment - 17-CA-1386 - Project 60145 -
[17-CA-1386/1467796/1]
ORDERED AND ADJUDGED that Respondents, LAWRENCE C. RUDZINSKI, and
LINDA ANN RUDZINSKI, have and recover from Petitioner, COLLIER COUNTY, the total
sum of Twelve Thousand and No/100 Dollars ($12,000.00), for Parcel 432RDUE, as full
compensation for the property interest taken and for damages resulting to the remainder, and for all
other damages, statutory interest, all attorney fees and costs, and all 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, is entitled to a credit for the good faith
estimate of value previously deposited in the amount of One Thousand Eight Hundred and
No/100 Dollars ($1,800.00), as payment for acquisition of Parcel 432RDUE, 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, COLLIER COUNTY shall pay
the sum of Ten Thousand Two Hundred and No/100 Dollars ($10,200.00), to Respondent at
Shutts & Bowen, LLP, c/o Fred S. Werdine, Esq., 4301 W. Boy Scout Blvd., Suite 300, Tampa,
FL 33607, it is further
ORDERED that this Order disposes of all claims arising out of the taking of Parcel
432RDUE, and that have or could have been asserted in this cause; it is further
ORDERED that the roadway right-of-way drainage and utility easement interest to Parcel
432RDUE, being fully described in Exhibit “A” attached hereto and incorporated herein, which
vested in Petitioner pursuant to the Stipulated Order of Taking dated December 19, 2017, and the
deposit of money heretofore made, is approved, ratified, and confirmed; it is further
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.2.a
Packet Pg. 2647 Attachment: Joint Motion for Stipulated Final Judgment as to Parcel 432RDUE (10164 : Stipulated Final Judgment - 17-CA-1386 - Project 60145 -
[17-CA-1386/1467796/1]
ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in
Official Record Book 5424, Page 1340 of the Public Records of Collier County, Florida be
dismissed as to Parcel 432RDUE; 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; it is further
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this
day of September, 2019.
________________________________________________
THE HONORABLE ELIZABETH V. KRIER
Circuit Court Judge
Conformed Copies to:
Colleen M. Greene, Esq., Counsel for PETITIONER, Colleen.Greene@colliercountyfl.gov;
Fred S. Werdine, Esq., Counsel for RESPONDENTS LAWRENCE C. RUDZINSKI, and
LINDA ANN RUDZINSKI, fwerdine@shutts.com
Clerk’s Accounting
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.2.a
Packet Pg. 2648 Attachment: Joint Motion for Stipulated Final Judgment as to Parcel 432RDUE (10164 : Stipulated Final Judgment - 17-CA-1386 - Project 60145 -
Exhibit "1" to Joint Motion for Stipulated Final Judgment
16.K.2.a
Packet Pg. 2649 Attachment: Joint Motion for Stipulated Final Judgment as to Parcel 432RDUE (10164 : Stipulated Final Judgment - 17-CA-1386 - Project 60145 -
AERIAL – PARCEL 432RDUE
GOLDEN GATE BLVD. PROJECT NO. 60145
PARCEL 432RDUE
/
16.K.2.b
Packet Pg. 2650 Attachment: Aerial Photograph of Parcel 432RDUE (10164 : Stipulated Final Judgment - 17-CA-1386 - Project 60145 - Parcel 432RDUE)