Agenda 05/24/2022 Item #16K 7 (Stipulated Final Judgment for GGB Expansion Project #60145)05/24/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $22,000, plus $6,760, in
statutory attorney’s fees and expert costs for the taking of Parcel 301RDUE required for the
Golden Gate Blvd. Expansion Project #60145 (Collier County v. Quan Wang, et. al. Case No.: 16-
CA-1399).
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 301RDUE required for the
construction of the Golden Gate Expansion Project #60145.
CONSIDERATIONS: On April 26, 2016, the Board authorized, via Resolution No. 2016-90, the
condemnation of Parcel 301RDUE 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.
Parcel No. 301 RDUE is a perpetual, non-exclusive, road right-of-way, drainage, and utilities easement
that consist of a strip taking along the northerly right-of-way of Golden Gate Boulevard E. and contains
0.32 acres. The parent tract contains 6.01 acres of vacant land area, which has been reduced to 5.69 acres
of usable area as a result of the take, and is owned by DVAL, LLC. An aerial photograph of the subject
property is attached. The County’s appraiser estimated full compensation at $7,800. The property
owner’s initial demand was $58,000, plus attorney’s fees and expert fees and costs. The parties
participated in informal negotiations and reached an agreement. The attached Stipulated Final Judgment
reflects a negotiated compensation amount of $22,000, plus $4,950, statutory attorney’s fees and $1,810,
in expert costs for a total of $28,760.
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 $7,800, for its deposit of the good faith estimate
of value. Funds for the balance of $20,960 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. P301RDUE Joint Motion for Stipulated Final Judgment(3) (DOCX)
2. Aerial - Parcel 301RDUE (PDF)
16.K.7
Packet Pg. 1491
05/24/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.7
Doc ID: 22265
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$22,000, plus $6,760, in statutory attorney’s fees and expert costs for the taking of Parcel 301RDUE
required for the Golden Gate Blvd. Expansion Project #60145 (Collier County v. Quan Wang, et. al. Case
No.: 16-CA-1399).
Meeting Date: 05/24/2022
Prepared by:
Title: – County Attorney's Office
Name: Madison Bird
05/13/2022 3:31 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
05/13/2022 3:31 PM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 05/13/2022 4:08 PM
Growth Management Operations Support Tara Castillo Additional Reviewer Completed 05/16/2022 8:58 AM
Growth Management Department Madison Bird Additional Reviewer Skipped 05/16/2022 8:58 AM
Transportation Engineering Anthony Khawaja Additional Reviewer Completed 05/16/2022 9:21 AM
Growth Management Department Trinity Scott Transportation Completed 05/16/2022 10:58 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 05/16/2022 1:59 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/16/2022 2:05 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/16/2022 3:01 PM
Office of Management and Budget Geoffrey Willig Additional Reviewer Skipped 05/17/2022 11:32 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 05/18/2022 10:56 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/24/2022 9:00 AM
16.K.7
Packet Pg. 1492
[16-CA-1399/1717555/1]
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-1399
PARCEL: 301RDUE
QUAN WANG, ET. AL.,
Respondents.
_____________________________________/
JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCEL 301RDUE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, DVAL, LLC, by
and through undersigned counsel, hereby respectfully move this Court for the entry of the
foregoing Stipulated Final Judgment as to Parcel 301RDUE, attached hereto as Exhibit “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 on this _____ day of
__________, 2022.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
____________________________________
COLLEEN M. GREENE, ESQ.
Florida Bar No. 502650
Collier County Attorney’s Office
3299 E. Tamiami Trail, Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Colleen.Greene@colliercountyfl.gov
Sheri.Malcolm@colliercountyfl.gov
_/s/ FRED S. WERDINE __
FRED S. WERDINE, ESQ.
Florida Bar No. 614483
Shutts & Bowen, LLP
4301 West Boy Scout Blvd., Suite 300
Tampa, FL 33607
Telephone: (813) 227-8128
COUNSEL FOR RESPONDENT
FWerdine@shutts.com
16.K.7.a
Packet Pg. 1493 Attachment: P301RDUE Joint Motion for Stipulated Final Judgment(3) (22265 : Stipulated Final Judgment for Parcel 301RDUE)
[16-CA-1399/1717555/1]
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-1399
PARCEL: 301RDUE
QUAN WANG, ET. AL.,
Respondents.
_____________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 301RDUE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, DVAL, LLC, by and through counsel, for the
entry of a Stipulated Final Judgment as to Parcel 301RDUE for Project No. 60145, 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
ORDERED AND ADJUDGED that:
1. Respondent, DVAL, LLC, shall recover from Petitioner, COLLIER COUNTY,
FLORIDA, the total sum of Twenty-Two Thousand Dollars and No/100 ($22,000.00) for Parcel
301RDUE, as full payment for the property interest taken, including any and all business
damages, in connection with said parcel.
2. Respondent, DVAL, LLC, shall recover from Petitioner, COLLIER COUNTY,
FLORIDA, the total sum of Four Thousand Nine Hundred Fifty Dollars and No/100
16.K.7.a
Packet Pg. 1494 Attachment: P301RDUE Joint Motion for Stipulated Final Judgment(3) (22265 : Stipulated Final Judgment for Parcel 301RDUE)
[16-CA-1399/1717555/1]
($4,950.00), for all attorney’s fees and costs associated with the acquisition of Parcel 301RDUE,
and no other attorney’s fees or costs will be paid in this matter.
3. Respondent, DVAL, LLC, shall recover from Petitioner, COLLIER COUNTY,
FLORIDA, the total sum of One Thousand Eight Hundred Ten Dollars and No/100
($1,810.00), for all expert fees and costs associated with the acquisition of Parcel 301RDUE, and
no other expert fees or costs shall be paid in this matter.
4. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good
faith estimate of value previously deposited in the amount of Seven Thousand Eight Hundred
Dollars and No/100 ($7,800.00), as payment for the acquisition of Parcel 301RDUE, at which
time title to said parcel as described in Exhibit “A” vested in the name of Petitioner COLLIER
COUNTY, FLORIDA.
5. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Twenty Thousand Nine Hundred Sixty Dollars
and No/100 ($20,960.00), by issuing a check payable to Shutts and Bowen, LLP, Trust Account,
and mailing the check to Fred S. Werdine, Esq., 4301 West Boy Scout Blvd., Suite 300, Tampa,
FL 33607.
6. This Order disposes of all claims arising out of the taking of Parcel 301RDUE that
have or could have been asserted in this cause.
7. A fee simple taking, 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.
16.K.7.a
Packet Pg. 1495 Attachment: P301RDUE Joint Motion for Stipulated Final Judgment(3) (22265 : Stipulated Final Judgment for Parcel 301RDUE)
[16-CA-1399/1717555/1]
8. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5301, Page 3482 of the Public Records of Collier County, Florida be dismissed as to Parcel
301RDUE.
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.
Exhibit “A”
16.K.7.a
Packet Pg. 1496 Attachment: P301RDUE Joint Motion for Stipulated Final Judgment(3) (22265 : Stipulated Final Judgment for Parcel 301RDUE)
AERIAL – PARCEL 301RDUE
GOLDEN GATE BLVD. PROJECT 60145
/
EXISTING RIGHT-OF-WAY PER PLAT
GOLDEN GATE BOULEVARD
PARCEL 301RDUE
16.K.7.b
Packet Pg. 1497 Attachment: Aerial - Parcel 301RDUE (22265 : Stipulated Final Judgment for Parcel 301RDUE)