Agenda 01/12/2016 Item #16K 7 1/12/2016 16.K.7.
EXECUTIVE SUMMARY
Recommendation to approve a Final Judgment for Parcel 200RDUE in the case styled
Collier County v. Baby Brothers Enterprises, Inc., et al., Case No. 15-CA-0298, now pending
in the Twentieth Judicial Circuit, Collier County, required for the widening of Golden
Gate Boulevard (Project No. 60040). (Fiscal Impact: $10,305.50)
OBJECTIVE: To settle the amount of full compensation for the taking of Parcel 200RDUE
condemned for improvements to Golden Gate Boulevard, Project No. 60040, hereinafter referred
to as the "Project."
CONSIDERATIONS: On June 10, 2014, the Board authorized the condemnation of Parcel
200RDUE required for the construction of the Project. Parcel 200RDUE is a 6,450 square foot
roadway, drainage and utility easement on the south side of Golden Gate Boulevard over a tract
of land owned by Boris and Miosotty Espinosa. On July 9, 2015 the Court vested the title and
interest of Parcel 200RDUE to the County, and as a good faith estimate of value the County
deposited $7,900 into the Court Registry. Through negotiation, the parties agreed to total
compensation in the amount of $18,000, which includes $5,000 in expert fees and attorney's
fees. The County would be required to pay an additional $10,100, to the previously deposited
amount of$7,900 by the County, for Parcel 200RDUE to arrive at the total compensated amount
of$18,000. Additional costs of(1) $35.50; and (2) $170 is needed to cover the Clerk's fees for
(1) recording of the Final Judgment in the Clerk's Official Records and (2) service charge for
deposit into Court Registry.
The County Attorney's Office and Staff recommend approval of this Final Judgment to eliminate
exposure to further costs arising out of extended litigation. Should the Board approve the Final
Judgment,the Joint Motion will be filed with the Circuit Court for entry of the Final Judgment.
FISCAL IMPACT: Funds in the amount of $10,305.50 will be paid from gas taxes and/or
impact fees from Golden Gate Boulevard Project No. 60040. 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 approved as to form and legality and
requires a majority vote for Board approval.—JAB
RECOMMENDATION: That the Board of County Commissioners approve the attached Final
Judgment and authorizes the payment of funds as stated herein.
Prepared by: Jennifer A. Belpedio, Assistant County Attorney
Attachments: (1) Proposed Joint Motion for Final Judgment; and (2) Aerials of Parcel 200RDUE
15-CA-298/#824
[15-CA-298/1230594/1]
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.7.
Item Summary: Recommendation to approve a Final Judgment for Parcel 200RDUE in the
case styled Collier County v. Baby Brothers Enterprises, Inc., et al., Case No. 15-CA-0298, now
pending in the Twentieth Judicial Circuit, Collier County, required for the widening of Golden
Gate Boulevard (Project No. 60040). (Fiscal Impact: $10,305.50)
Meeting Date: 1/12/2016
Prepared By
Name: AllenDebbie
Title:Legal Office Administrator, CAO Office Administration
12/31/2015 11:45:05 AM
Submitted by
Title: Assistant County Attorney, CAO General Services
Name: BelpedioJennifer
12/31/2015 11:45:07 AM
Approved By
Name: TaylorLisa
Title: Management/Budget Analyst, Senior, Capital Construction&Maintenance Budget/Fiscal
Date: 12/31/2015 2:11:03 PM
Name: PepinEmily
Title:Assistant County Attorney,CAO Litigation
Date: 1/4/2016 8:46:10 AM
Name: HendricksKevin
Title:Manager-Right of Way,Transportation Engineering&Construction Management
Date: 1/4/2016 9:01:25 AM
Name: KearnsAllison
Title: Manager-Financial&Operational Sprt, Capital Construction&Maintenance Budget/Fiscal
Date: 1/4/2016 11:32:53 AM
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Name: AhmadJay
Title: Division Director-Transportation Eng,Transportation Engineering&Construction Management
Date: 1/5/2016 7:41:37 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Administration
Date: 1/5/2016 9:23:03 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 1/5/2016 1:48:38 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/5/2016 2:59:36 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Management&Budget
Date: 1/6/2016 8:27:17 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 1/6/2016 8:46:20 AM
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1/12/2016 16.K.7.
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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.: 15-CA-298
v.
PARCEL: 200RDUE
BABY BROTHERS ENTERPRISES,INC.,
ET AL.,
Respondents.
PETITIONER COLLIER COUNTY AND RESPONDENTS BORIS ESPINOSA AND
MIOSOTTY ESPINOSA'S JOINT MOTION FOR FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, BORIS
ESPINOSA and MIOSOTTY ESPINOSA, by and through their undersigned counsel, hereby
respectfully move for entry of a Final Judgment as to Parcel 200!' E attached hereto as Exhibit
r 1,
4 _ I2 2 .fr0 0S-
JENNIFER A. BELPEDIO, ESQUIRE BELLA . PATEL, ESQUIRE
Florida Bar No. 186030 Florida Bar No. 961670
Collier County Attorney's Office Bella Y. Patel, P.A.
3299 East Tamiami Trail, Suite 800 13026 Waterford Run Drive
Naples, FL 34112 Riverview, FL 33569
Telephone: (239) 252-8400 Telephone: (813) 643-2762
Facsimile: (239) 774-0225 Facsimile: (813) 643-2612
Counsel for Petitioner Counsel for Respondents BORIS
ienniferbelpedio c colliergov.net ESPINOSA and MIOSOTTY
emilypepin@colliergov.net ESPINOSA
nancybradley(a,colliergov.net Bellapatelpa @aol.com
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for 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, and by US mail to all parties as
indicated on the Service List below on this day of January, 2016.
BY:
JENNIFER A. BELPEDIO, ESQUIRE
SERVICE LIST
PARCEL 200RDUE
Boris Espinosa Americahomekey, Inc.
c/o Bella Y. Patel,Esquire 3824 Cedar Springs Road
Law Offices of Bella Y. Patel, P.A. Dallas, TX 75219
13026 Waterford Run Drive
Riverview, FL 33569 Chase Bank USA,NA
BellaPatelPA @aol.com 201 North Walnut St.
Wilmington, DE 19801
Miossoty Espinosa
do Bella Y. Patel, Esquire Mortgage Electronic Registration
Law Offices of Bella Y. Patel, P.A. Systems, Inc. as Nominee for
13026 Waterford Run Drive AmericaHomekey, Inc.
Riverview, FL 33569 c/o William R. Fischer, Esquire
BellaPatelPA @aol.com eXL Legal, PLLC
12425 28th Street North, Suite 200
St. Petersburg, FL 33716
efiling @exllegal.com
wrf@exllegal.com
15-CA-298/#803
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IN THE CIRCUIT COURT
OF THE TWENTIETH
JUDICIAL CIRCUIT IN AND
FOR COLLIER COUNTY,FLORIDA
COLLIER COUNTY, FLORIDA,a political
subdivision of the State of Florida,
Petitioner, Case No.: 15-CA-298
v.
PARCEL: 200RDUE
BABY BROTHERS ENTERPRISES, INC.,
ET AL.,
Respondents.
FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its counsel, and Respondents, BORIS
ESPINOSA and MIOSOTTY ESPINOSA, by and through their counsel, for entry of a Final
Judgment as to Parcel 200RDUE for Project No. 60040, 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 and the Court being otherwise fully
advised in the premises thereof, it is thereupon
ORDERED that Respondents BORIS ESPINOSA and MIOSOTTY ESPINOSA have
and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Thirteen
Thousand and No/100 Dollars ($13,000.00) for Parcel 200RDUE, as full payment for the
property interest taken and for damages resulting to the remainder, if less than the entire property
was taken, and for all other damages, net costs to cure, improvements, and statutory interest, in
connection with said parcel;it is further
Exhibit "1" to Joint Motion for Final Judgment
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ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay Five Thousand
and No/100 Dollars ($5,000.00) to Respondents for all attorney's fees, expert fees and costs,
and no other attorney's fees or costs shall be awarded in this case; 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 Seven Thousand Nine
Hundred and No/100 Dollars ($7,900.00), as payment for acquisition of Parcel 200RDUE, 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 shall deposit an additional sum
of Five Thousand One Hundred and No/100 Dollars ($5,100.00) into the Court Registry,
which funds are subject to apportionment by further order of the Court; it is further
ORDERED that within thirty (30) days hereof, Petitioner shall pay the total sum of Five
Thousand and No/100 Dollars ($5,000.00) to Bella Y. Patel, P.A. Trust Account, c/o Bella Y.
Patel, Esquire, 13026 Waterford Run Drive, Riverview, Florida 33569 for all attorney's fees and
expert fees and costs; it is further
ORDERED that this Order disposes of all claims arising out of the taking of Parcel
200RDUE and that have or could have been asserted in this cause; it is further
ORDERED that this Court reserves jurisdiction for apportionment for the funds on
deposit in the Court Registry; it is further
ORDERED that road right-of-way, drainage and utility easement interest to Parcel
200RDUE, being fully described in Exhibit "A" attached hereto and incorporated herein, which
vested in Petitioner pursuant to the Order of Taking dated July 9, 2015, and the deposit of money
Exhibit"1" to Joint Motion for Final Judgment
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heretofore made, is approved, ratified, and confirmed; it is further
ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in
Official Record Book 5121, Page 2178 of the Public Records of Collier County, Florida be
dismissed as to Parcel 200RDUE; it is further
ORDERED that the Court reserves jurisdiction to enforce the terms of this Final
Judgment; it is further
ORDERED that this 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 January, 2016.
HONORABLE JAMES R. SHENKO
Circuit Court Judge
Conformed copies to:
Jennifer A. Belpedio, Esq., Counsel for Petitioner, jenniferbelpedio(a7colliergov.net
Bella Y. Patel,Esq., Counsel for Respondents Boris Espinosa and Miossoty Espinosa,
Bel lapatelpa@aol.com
William R. Fischer,Esq., Counsel for Respondent Mortgage Electronic Registration Systems,
Inc., efiling @exllegal.com
Respondent Americahomekey, Inc., 3824 Cedar Springs Rd., Dallas,TX 75219
Respondent Chase Bank USA, NA, 201 North Walnut St., Wilmington, DE 19801
15-CA-298/803
Exhibit"1" to Joint Motion for Final Judgment
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GOLDEN GATE BOULEVARD (CR 876) IBIT "A"
91+00 92+10 93+00 94+00 95+00 95+00
a � ♦+�♦`r 11r 1fi ♦i+
YY
PROPOSED ROADWAY EASEMENT
PARCEL 200 ROUE
r 6.+50 50.FT.
TRACT 20 TRACT 21 TRACT 56
GOLDEN GATE ESTATES
UNIT 48
PLAT BOOK 5 PAGE 78
WEST 150' OF
TRACT 21
MFC INVESTMENTS, LLC, JIMENEZ
OR 4496/982 OR 4094/1530
W E
SO. FT. SQUARE FEET
OR OFFICIAL RECORDS (BOOK/PAGE) E -Row
4 PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE) MR
YT7 1 EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL. 2fl O
USE OF THE PUBLIC PER PLAT 000K 5, PAGE 78
LEGAL DESCRIPTION FOR PARCEL 200 ROUE
A PORTION OF TRACT 21, GOLDEN GATE ESTATES, UNIT 48 AS RECORDED tN PLAT BOOK 5. PAGE 78 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 27 EAST. COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE SOUTH 43 FEET OF THE NORTH 93 ILEf OF THE WEST 150 FEET OF SAID TRACT 21.
1,6%1
CONTAINING 5,450 SQUARE FEET, MORE OR LESS.
0 40 SO IRO
SKETCH & DESCRIPTION ONLY f sinw.k"µND'nnecss�an�c Ewa PSO0t 4w�cn
NOT A BOUNDARY SURVEY SCAM.i-ec' "D1N"6
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS AOita D0A r °NAiML SURVEYOR SEN.D'
GOLDEN GATE 80tTLEVABD SKETCH DESGRTPTION OF: PROPOSED ROADITAY EASEMENC 1?lArikicom»mss
PARCEL 200 ROUE moo lWmrPiwkOeVa.&AmYDO
COLLIER COUNTY, FLORIDA 0 9;�, aAltin
w,Ne�s f I.8 Noi Rt2'i1 W7967d
JOB NUMBER I REVISION J SECTION I TOWNSHIP RANGE I SCALE DATE I DRAWN BY I FILE NAME I SHEET.
050217,00.01 0001 REV 01 1 2 49 27 1" s 80' DEC. 2009 R.Y. SK 200 1 OF I (( 0±
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o Joint Motion for Final Judgment