Agenda 09/10/2024 Item #16K6 (to settle final compensation owed for the taking of Parcel 333RDUE required for the expansion of roadway and related drainage and utility improvements to Golden Gate Boulevard Expansion Project No. 60145)16. K.6
09/10/2024
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment to settle final compensation for the taking of
Parcel 333RDUE, in the amount of $6,000, 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.
OBJECTIVE: To settle final compensation owed for the taking of Parcel 333RDUE 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 April 26, 2016, the Board authorized, via Resolution No. 16-88, the
condemnation of Parcel 333RDUE for the construction of roadway, drainage and utility improvements
required for the expansion Golden Gate Blvd. from 20th Street East to east of Everglades Blvd. The
easement area consists of a perpetual, non-exclusive, road right-of-way, drainage, and utility easement
along the northerly right-of-way of Golden Gate Blvd. E. and is approximately .08 acres in extent. The
parent tract is unimproved property owned by Sunny Homes Solutions, LLC and contains 2.34 acres of
gross land area. An aerial photograph of the subject property is attached. The County's appraiser
estimated full compensation at $2,400, not including severance damages. The parties participated in
informal negotiations and reached settlement subject to approval by the Board of County Commissioners.
The attached Stipulated Final Judgment reflects a negotiated compensation amount of $6,000, including
statutory attorney's fees, expert fees and costs.
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 $1,800 for its deposit of the good faith estimate of value.
Funds in the amount of $4,200 will be paid from road impact fees from the Golden Gate Boulevard Expansion
Project No. 60145.
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 333RDUE, in the amount of $6,000, 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
Attachments: Joint Motion for Stipulated Final Judgment;
Aerial Photograph of Parcel 333RDUE
ATTACHMENT(S)
1. Signed Joint Motion (PDF)
2. Aerial - Parcel 333RDUE (PDF)
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16. K.6
09/10/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Doe ID: 29736
Item Summary: Recommendation to approve a Stipulated Final Judgment to settle final compensation for the
taking of Parcel 333RDUE, in the amount of $6,000, 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.
Meeting Date: 09/10/2024
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Wanda Rodriguez
08/16/2024 3:00 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
08/ 16/2024 3:00 PM
Approved By:
Review:
Transportation Engineering Jay Ahmad Other Reviewer
Transportation Engineering Robert Bosch Other Reviewer
Transportation Engineering Lisa Taylor Other Reviewer
Transportation Management Operations Support Tara Castillo
Transportation Management Services Department Trinity Scott
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Community & Human Services
County Manager's Office
Board of County Commissioners
Colleen Greene
Other Reviewer
Debra Windsor
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Maggie Lopez
Other Reviewer
Amy Patterson
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Completed
08/30/2024 2:52 PM
Completed
09/03/2024 7:53 AM
Completed
09/03/2024 8:12 AM
Other Reviewer Completed
09/03/2024 9:23 AM
Other Reviewer Completed
09/03/2024 11:09 AM
Completed 09/03/2024 1:11 PM
Completed 09/03/2024 1:37 PM
Completed 09/03/2024 2:45 PM
Completed 09/03/2024 4:46 PM
Completed 09/04/2024 10:03 AM
09/10/2024 9:00 AM
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16. K.6.a
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: 333RDUE
PRISCILLA DIAS, ET. AL.,
Respondents.
JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCEL 333RDUE
Petitioner, COLLIER COUNTY, FLORIDA, and Respondent, SUNNY HOME
SOLUTIONS, LLC, by and through the undersigned counsel, hereby respectfully move this Court
for the entry of the foregoing Stipulated Final Judgment as to Parcel 333RDUE, attached hereto
as Exhibit 111".
COLLEEN M. GREENE, ESQ.
Florida Bar No. 502650
Collier County Attorney's Office
3299 E. Tamianu Trail, Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Colleen.Greene(acolliercountvfl. i*ov
Sheri.Malcolm! b,colliercountyfl.gov
NVCHAEL R. WHITT ESQ.
FFlorida l3.ar No. 725020
Lf►e9er, & Parks, LLP
2400 First Street, Suite 300
Fort Myers FL 33901
Telephone: (239) 337-6700
Facsimile: (239) 337-6701
COUNSEL FOR RESPONDENT
SUNNY HOME SOLUTIONS, LLC
mwhittni.hahnlaw.com
kzamzow(a-)hahnl aw. com
I:�I,-eservice hahnlaw.eom
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16. K.6.a
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
September 2024.
mm
COLLEEN M. GREENE, ESQ.
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16.K.6.a
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: 333RDUE
PRISCILLA DIAS, ET. AL.,
Respondents.
STIPULATED FINAL JUDGMENT ORDER AS TO PARCEL 333RDUE
(with disbursement instructions to the Clerk of Courts)
THIS CAUSE, having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, SUNNY HOME SOLUTIONS, LLC, by and
through counsel, for the entry of a Stipulated Final Judgment as to Parcel 333RDUE 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 Respondent, SUNNY HOME SOLUTIONS, LLC,
have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Six
Thousand and No/100 Dollars, ($6,000.00), for Parcel 333RDUE, as full compensation for the
property interest taken and for damages resulting to the remainder, and for all other damages,
statutory interest, attorneys fees, costs, and expert fees, in connection with said parcel, it is further
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16. K.6.a
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the
good faith estimate of value previously deposited in the amount of One Thousand Eight Hundred
Dollars and No/100, ($1,800.00), as payment for acquisition of Parcel 333RDUE, 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 from the entry of this Order, the Clerk of the Court
shall disburse the total sum of One Thousand Eight Hundred Dollars and No/100, ($1,800.00),
to Respondent, SUNNY HOME SOLUTIONS, LLC, by issuing a check payable to Hahn Loeser
& Parks, LLP, Trust Account, and mailing it to Michael R. Whitt, Esq., Hahn, Loeser, & Parks,
LLP, 2400 First Street, Suite 300, Fort Myers, FL 33901; it is further
ORDERED that within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the remaining sum of Four Thousand Two Dollars and No/100
($4,200.00), to Respondent SUNNY HOME SOLUTIONS, LLC, by issuing a check payable to
Hahn Loeser & Parks, LLP, Trust Account, and mailing it to Michael R. Whitt, Esq., Hahn, Loeser,
& Parks, LLP, 2400 First Street, Suite 300, Fort Myers, FL 33901; it is further
ORDERED that this Stipulated Final Judgment Order disposes of all claims arising out of
the taking of Parcel 333RDUE that have or could have been asserted in this cause and no further
compensation, attorney fees, costs, or expert fees and cost shall be awarded in this matter as to
said parcel; it is further
ORDERED that the roadway drainage and utility easement interest to Parcel 333RDUE,
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
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16. K.6.a
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 333RDUE; 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.
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AERIAL — PARCEL 333RDUE
(Golden Gate Blvd Project No. 60145)
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