Agenda 03/08/2022 Item #16K 3 (Stipulated Final Judgement for Parcel 377RDUE VBR Ext. Project)03/08/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $5,000 plus $1,518 in
statutory attorney’s fees for the taking of Parcel 377RDUE required for the Golden Gate Blvd.
Project No. 60145 (Collier County v. George A. Nestory, et. al. Case No. 16-CA-1347)
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 377RDUE required for the
construction of the Golden Gate Blvd. Project No. 60145.
CONSIDERATIONS: On April 26, 2016, the Board authorized, via Resolution No. 2016-90, the
condemnation of Parcel 377RDUE for the construction of roadway, drainage and utility improvements
required for the expansion and extension of Golden Gate Blvd. from 20th Street East to Everglades Blvd.
The road right-of-way, drainage and utility easement acquisition area contains 1,200 square feet and abuts
the east side of the existing roadway easement in the westerly portion of the parent tract. The parent tract
is unimproved vacant land owned by George Nestory and Kevin McCabe and contains 1.17 acres of gross
land area, which includes the easement acquisition area. An aerial photograph of the subject property is
attached. The County’s appraiser estimated full compensation at $600. The property owner’s initial
demand was $10,000 plus attorney’s fees and expert fees and costs. The parties participated in informal
negotiations and reached an agreement. The attached Stipulated Final Judgment reflect s a negotiated
compensation amount of $5,000 plus $1,518 statutory attorney’s fees for a total of $6,518.
The Transportation Engineering Division recommends 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 Joint
Motion and Stipulated Final Judgment with the Circuit Court.
FISCAL IMPACT: The County is entitled to a credit of $600 for its deposit of the good faith estimate
of value. Funds for the balance of $6,088 are available in the Golden Gate Blvd. Expansion Project
Capital Fund, Project 60145. The primary funding source for the acquisition is impact fees. Should
impact fees not be sufficient within the project, the secondary funding source will be gas taxes.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for Board approval. - CMG
RECOMMENDATION: To approve the attached Joint Motion and Stipulated Final Judgment and
authorize the payment of funds as stated herein.
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering Division
ATTACHMENT(S)
1. P377RDUE - Joint Motion for Stipulated Final Judgment (DOCX)
2. Aerial 377RDUE (DOCX)
16.K.3
Packet Pg. 1153
03/08/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 21433
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$5,000 plus $1,518 in statutory attorney’s fees for the taking of Parcel 377RDUE required for the Golden
Gate Blvd. Project No. 60145 (Collier County v. George A. Nestory, et. al. Case No. 16-CA-1347)
Meeting Date: 03/08/2022
Prepared by:
Title: – County Attorney's Office
Name: Madison Bird
02/16/2022 3:26 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
02/16/2022 3:26 PM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 02/17/2022 7:58 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 02/17/2022 8:00 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 02/17/2022 8:41 AM
Growth Management Department Trinity Scott Transportation Completed 02/18/2022 9:06 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 02/20/2022 1:47 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/22/2022 9:24 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/23/2022 8:29 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 02/25/2022 9:51 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 02/28/2022 9:50 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/08/2022 9:00 AM
16.K.3
Packet Pg. 1154
[16-CA-1347/1700185/1]
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, Case No.: 16-CA-1347
v. Parcel 377RDUE
GEORGE A. NESTORY; KEVIN MCCABE; ET AL
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 377RDUE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, GEORGE A.
NESTORY AND KEVIN MCCABE, by and through undersigned counsel, hereby respectfully
move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel 377RDUE
attached hereto as Exhibit “1”.
___________________________
COLLEEN M. GREENE, ESQ.
Florida Bar No. 502650
Collier County Attorney’s Office
3299 E. Tamiami Tr., Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Colleen.Greene@colliercountyfl.gov
Sheri.Malcolm@colliercountyfl.gov
/s/ BRADLEY S. GOULD
BRADLEY S. GOULD, ESQ.
Florida Bar No. 966150
GRAYROBINSON, P.A.
333 SE 2nd Ave., Suite 3200
Miami, FL 33131
Telephone: (305) 416-6880
COUNSEL FOR RESPONDENTS
bradley.gould@gray-robinson.com
jacqueline.dieguez@gray-robinson.com
16.K.3.a
Packet Pg. 1155 Attachment: P377RDUE - Joint Motion for Stipulated Final Judgment (21433 : Stipulated Final Judgment Parcel 377RDUE for Golden Gate Blvd.
[16-CA-1347/1700185/1]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Entry of a
Stipulated Final Judgment was filed with the FL Courts E-Filing Portal on this ___ day of March
2022.
By:________________________
COLLEEN M. GREENE, ESQ.
16.K.3.a
Packet Pg. 1156 Attachment: P377RDUE - Joint Motion for Stipulated Final Judgment (21433 : Stipulated Final Judgment Parcel 377RDUE for Golden Gate Blvd.
[16-CA-1347/1700185/1]
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, Case No.: 16-CA-1347
v. Parcel 377RDUE
GEORGE A. NESTORY; KEVIN MCCABE; ET AL
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 377RDUE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, GEORGE A. NESTORY AND KEVIN
MCCABE, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel
377RDUE for Project 60145, and it appearing to this 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
ORDERED AND ADJUDGED that:
1. Respondents, GEORGE A. NESTORY AND KEVIN MCCABE, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Five Thousand and No/100
Dollars ($5,000.00) for Parcel 377RDUE, as full payment for the property interest taken, in
connection with said parcel.
2. Respondents, GEORGE A. NESTORY AND KEVIN MCCABE, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Thousand Five Hundred
Eighteen and No/100 Dollars ($1,518.00), for all attorney fees and costs associated with the
acquisition of Parcel 377RDUE.
3. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good
faith estimate of value previously deposited in the amount of Six Hundred and No/100 Dollars
16.K.3.a
Packet Pg. 1157 Attachment: P377RDUE - Joint Motion for Stipulated Final Judgment (21433 : Stipulated Final Judgment Parcel 377RDUE for Golden Gate Blvd.
[16-CA-1347/1700185/1]
($600.00), as payment for the acquisition of Parcel 377RDUE, at which time title to said parcel as
described in Exhibit “A” vested in the name of Petitioner COLLIER COUNTY, FLORIDA.
4. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Five Thousand Nine Hundred Eighteen and
No/100 Dollars ($5,918.00), to Respondents, by mailing a check to GrayRobinson, P.A., 301 E.
Pine Street, Suite 1400, Orlando, FL 32801.
5. Within (30) days from the entry of this Order, the Clerk of Courts shall disburse
from the Court Registry the sum of Six Hundred and No/100 Dollars ($600.00) by mailing a
check to GrayRobinson, P.A., 301 E. Pine Street, Suite 1400, Orlando, FL 32801.
6. This Order disposes of all claims arising out of the taking of Parcel 377RDUE that
have or could have been asserted in this cause.
7. A road right-of-way, drainage and utility easement, being fully described in Exhibit
“A” attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of
Taking dated March 13, 2017, and the deposit of money heretofore made, is approved, ratified,
and confirmed.
8. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5300, Page 3252 of the Public Records of Collier County, Florida be dismissed as to Parcel
377RDUE.
9. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
10. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
DONE AND ORDERED in Chambers, Naples, Collier County, Florida, on this ____ day
of ____________, 2022.
_____________________________________
THE HONORABLE ELIZABETH V. KRIER
Circuit Court Judge
16.K.3.a
Packet Pg. 1158 Attachment: P377RDUE - Joint Motion for Stipulated Final Judgment (21433 : Stipulated Final Judgment Parcel 377RDUE for Golden Gate Blvd.
[16-CA-1347/1700185/1]
Exhibit “A”
16.K.3.a
Packet Pg. 1159 Attachment: P377RDUE - Joint Motion for Stipulated Final Judgment (21433 : Stipulated Final Judgment Parcel 377RDUE for Golden Gate Blvd.
AERIAL – PARCEL 377RDUE
(Golden Gate Blvd E. Project No. 60145)
PARCEL 377RDUE /
16.K.3.b
Packet Pg. 1160 Attachment: Aerial 377RDUE (21433 : Stipulated Final Judgment Parcel 377RDUE for Golden Gate Blvd. Project 60145)