Agenda 04/12/2016 Item #16K 1 4/12/2016 16.K.1 .
EXECUTIVE SUMMARY
Recommendation to approve a proposed Joint Motion and Stipulated Final Judgment for
Parcel 183RDUE in the lawsuit styled Collier County v. Estilita Rodriguez, et al., Case No.
15-CA-333 for the Golden Gate Boulevard widening project, Project No. 60040. (Fiscal
Impact: $7,400)
OBJECTIVE: To settle the amount owed in full compensation, attorney's fees, expert fees and
costs for the taking of Parcel 183RDUE condemned for the widening of Golden Gate Boulevard,
Project No. 60040 (hereinafter referred to as the "Project").
CONSIDERATIONS: On July 30, 2015, Collier County condemned Parcel 183RDUE required
for construction of the Project. Parcel 183RDUE is a 9,949 square foot right-of-way, drainage
and utility easement along Golden Gate Boulevard on the south side of the property belonging to
Ronald and Kenneth Dudwick. See attached aerial of subject property. The County appraised the
taking at $4,100, which was deposited into the Court Registry. Through negotiations, the parties
agreed to full compensation, inclusive of all attorney's fees, expert fees and costs, totaling
$11,500. If approved,the County will pay additional compensation of$7,400.
The County Attorney's Office and staff are recommending approval of this settlement since a
better result is not anticipated at trial. Upon approval, the County Attorney's Office will file the
attached proposed Joint Motion and Stipulated Final Judgment with the Circuit Court.
FISCAL IMPACT: Funds in the amount of$7,400 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: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires a majority vote for Board approval. - JAB
RECOMMENDATION: To approve the attached proposed Joint Motion and Stipulated Final
Judgment as to Parcel 183DUE and approve the expenditure of funds as stated herein.
Prepared by: Jennifer A. Belpedio, Assistant County Attorney
Attachments:
1)Proposed Joint Motion and Stipulated Final Judgment;
2)Aerial
15-CA-333/711
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.1.
Item Summary: Recommendation to approve a proposed Joint Motion and Stipulated
Final Judgment for Parcel 183RDUE in the lawsuit styled Collier County v. Estilita Rodriguez, et
al., Case No. 15-CA-333 for the Golden Gate Boulevard widening project, Project No. 60040.
(Fiscal Impact: $7,400)
Meeting Date: 4/12/2016
Prepared By
Name: AllenDebbie
Title: Legal Office Administrator, CAO Office Administration
3/15/2016 9:07:31 AM
Submitted by
Title:Assistant County Attorney, CAO General Services
Name: BelpedioJennifer
3/15/2016 9:07:33 AM
Approved By
Name: HendricksKevin
Title:Manager-Right of Way,Transportation Engineering&Construction Management
Date: 3/15/2016 10:44:46 AM
Name: AhmadJay
Title: Division Director-Transportation Eng, Transportation Engineering& Construction Management
Date: 3/16/2016 8:48:57 AM
Name: TaylorLisa
Title: Management/Budget Analyst, Senior, Capital Construction&Maintenance Budget/Fiscal
Date: 3/16/2016 2:21:47 PM
Name: TaylorLisa
Title: Management/Budget Analyst, Senior, Capital Construction&Maintenance Budget/Fiscal
Date: 3/16/2016 2:24:45 PM
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Name: ShueGene
Title: Division Director-Operations Support,Growth Management Department
Date: 3/16/2016 3:49:01 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 3/21/2016 9:26:39 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 3/22/2016 2:54:10 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/25/2016 5:40:22 PM
Name: UsherSusan
Title:Management/Budget Analyst, Senior,Office of Management&Budget
Date: 3/29/2016 1:40:33 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/2/2016 1:32:04 PM
•
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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,
v. Case No.: 15-CA-333
ESTILITA RODRIGUEZ,ET AL., PARCEL: 183RDUE
Respondents.
PETITIONER COLLIER COUNTY AND RESPONDENTS RONALD DUDWICK AND
KENNETH DUDWICK'S JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, RONALD
DUDWICK and KENNETH DUDWICK, by and through their undersigned counsel, hereby
respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcel 183RDUE
attached hereto as Exhibit"1".
JENNIFER A. BELPEDIO,ESQ. 1V REDITH S. DELCAMP,ESQ.
Florida Bar No. 186030 Florida Bar No. 0016242
Collier County Attorney's Office Buchanan,Ingersoll&Rooney,PC
3299 East Tamiami Trail, Suite 800 401 E. Jackson St., Suite 2400
Naples,FL 34112 Tampa,FL 33602
Telephone: (239)252-8400 Telephone: (813)222-3337
Facsimile: (239) 774-0225 COUNSEL FOR RESPONDENTS
COUNSEL FOR PETITIONER RONALD DUDWICK
jenniferbelpedio @colliergov.net and KENNETH DUDWICK
emilypepin @colliergov.net Meredith.delcamp@bipc.com
nancybradley @colliergov.net
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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, and by U.S. mail to parties as
indicated on the Service List below on this day of March,2016.
By:
JENNIFER A.BELPEDIO,ESQ.
Parcel 183RDUE
Ronald Dudwick Kenneth Dudwick
c/o Fred S.Werdine,Esquire and do Fred S. Werdine,Esquire and
Meredith S.Delcamp,Esquire Meredith S.Delcamp,Esquire
Buchanan Ingersoll &Rooney,P.C. Buchanan Ingersoll&Rooney,P.C.
fred.werdine(a,bipc.com fred.werdinena,bipc.com
meredith.delcamp@bipc.com meredith.delcampnbipc.com
Cyndi.dyson @bipc.com Cyndi.dyson @bipc.com
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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,
v. Case No.: 15-CA-333
ESTILITA RODRIGUEZ,ET AL., PARCEL: 183RDUE
Respondents.
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, RONALD DUDWICK and KENNETH
DUDWICK, by and through their undersigned counsel, for entry of a Stipulated Final Judgment
as to Parcel 183RDUE 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, RONALD DUDWICK and KENNETH
DUDWICK, and the Court being otherwise fully advised in the premises thereof, it is thereupon
Exhibit"1" to Joint Motion for Stipulated Final Judgment
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ORDERED AND ADJUDGED that Respondents, RONALD DUDWICK and
KENNETH DUDWICK, have and recover from Petitioner, COLLIER COUNTY, FLORIDA,
the total sum of Eleven Thousand Five Hundred and No/100 Dollars ($11,500.00) for Parcel
183RDUE, 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, statutory interest,
attorney's fees,and expert fees and costs in connection with said parcel; 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 Four Thousand One
Hundred and No/100 Dollars ($4,100.00), as payment for acquisition of Parcel 183RDUE, 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 of entry of this Final Judgment, the Clerk shall
disburse from the Court Registry the amount of Four Thousand One Hundred and No/100
Dollars ($4,100.00) to Buchanan, Ingersoll & Rooney, PC, do Meredith Delcamp, Esq., 401 E.
Jackson Street, Suite 2400,Tampa,FL 33602; it is further
ORDERED that within thirty(30)days hereof,Petitioner shall pay the total sum of Seven
Thousand Four Hundred and No/100 Dollars ($7,400.00) to Buchanan, Ingersoll & Rooney,
PC, c/o Meredith Delcamp, Esq., 401 E. Jackson Street, Suite 2400, Tampa, FL 33602, in
additional funds over the amount previously deposited into the Court Registry; it is further
Exhibit"1" to Joint Motion for Stipulated Final Judgment
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ORDERED that this Order disposes of all claims arising out of the taking of Parcel
183RDUE and that have or could have been asserted in this cause; it is further
ORDERED that the road right-of-way drainage and utility easement interest to Parcel
183RDUE, being fully described in Exhibit "A" attached hereto and incorporated herein, which
vested in Petitioner pursuant to the Order of Taking dated July 30, 2015, and the deposit of
money heretofore made, is approved,ratified,and confirmed; it is further
ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled
cause and recorded in Official Record Book 5123, Page 1436 of the Public Records of Collier
County,Florida be dismissed as to Parcel 183RDUE; 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; it is further
DONE AND ORDERED in Chambers at Naples, Collier County,Florida,this
day of ,2016.
HONORABLE CYNTHIA A.PIVACEK
CIRCUIT COURT JUDGE
Conformed copies to:
Jennifer A. Belpedio,Esq., Counsel for Petitioner,jenniferbelpedio@colliergov.net
Meredith S.Delcamp,Esq., Counsel for Respondents RONALD DUDWICK and KENNETH
DUDWICK,Meredith.Delcamp@bipc.com
Kevin Hendricks, Transportation ROW Acquisition Manager,kevinhendricks@acolliergov.net
Clerk's Office,Accounting
15-CA-333/706
Exhibit"1" to Joint Motion for Stipulated Final Judgment
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EX BIT "A"
1
UNE TABLE
LINE BEARING LENGTH
/A
1.i N00.30' 7"W 50.00 W E
_ L2 t 0 s'30'37'W 30.00
Y1'
.r> /
1.3 N89'29,3-tE 149.96 r
• L4 W0030' 5"W 5.00
1.0 N89'29'37"E 130.00
L6 N14•29• E._
.......,,........___. ,„..............
L7 s0030.25E 55.60
18 S.8729' W 299.97 , v
DUOWICK & DUDWICK ,,,,,A
OR 283/993 /1
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TRACT 143 TRACT 144
//7 TRACT 1
GOLDEN GATE ESTATES
WEST LIM OF
UNIT 14 VC EAS7 SOI ' /.1
PLAT BOOK 7 PAGE 74 OF ifiner 144...._ . e
-.' / /
50." ■"1-
ViST
_,,,,IICAUF 141
;001101/ '
PRPOSED ROADWAY EASEMENT
PARCEL 183 ROUE
9.G4 Wl.Fr.
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L3 ,-.t . •
- ;*-- ---- VIT49" V4P1r4r*."49ROT4414 fib 4,j'l/
4b .. 40.. 4tiott 41" A
... ......40#,„ 41L4k. -0 .4/A.. Alt, .. lr•„ ....„,...,
NORM LINE or
Polt. o -
, tiEtonc / 4. 7 I SOWN SW or
50, Toot 144
...1 / / / i
711-03 22, // 3 0 4 A 76-ou
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nail OD If/ GOLDEN GAIE BOULEVARD (CR 076)
comummucny
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OR OFFICIAL RECORDS (BOOK/PAGE)
EE21 PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROuF)
I= EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE: OF THE PUBLIC PER PLAT 8001< 7, PAGE 74
LEGAL DESCRIPTION FOR PARCEL 183 ROUE
A PORTION OF TRACT 144, GULDEN GATE ESTATES, UNIT 14 AS RECORDED IN PLAT BOOK 7, PAGE 74 OF THE
PUBLIC RECORDS or COLLIER CoUTITY. FLORIDA, LYING IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 27 EAST,
COWER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 144;
THENCE N.00"30"37"W,,, ALONG SAID WEST LINE FOR 50.00 FEET TO A POINT ON THE NORTH LINE OF T3-1E. SOUTH 50
FEET OF SAID TRACT 144 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCET.:
THENCE CON-TINUE N,00'30`37"W., ALONG SAID WEST LINE, FOR 30.00 FEET;
THENCE 14,89'29'37E, FOR 149,96 FEET;
THENCE N.00'30°25"W,, FOR 5.00 FEET: ,
THENCE N.89•29'37-E., FOR I-30.00 FEET:
THENCE 14,44.29'32"E., FOR 28.28 FEET TO A POINT ON THE WEST LINE OF THE EAST 50 FEET OF-SAID TRACT 144;
THENCE 5.00'30'25"E., ALONG SAID WEST UNE. FOR 55.00 FEET TO A POINT ON SAID NORtH.,LINE:
THENCE 5,89'29'37'W., ALONG SAID NORTH UNE, FOR 299.97 FEET TO THE POINT OF,DtGINN1t4G OF MEREIN
DESCRIBED PARCEL. , • .
. ,
CONTAINING 9,949 SQUARE FEEL MORE OR LESS.
11
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SKETCH & DESCRIPTION ONLY fillEGINIIIIMMII!li_LailLIn ,
r.0.1.2.1Ferra a AtArPti I
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1.431*W.110 ATIMUT 11,1E 011,11:k SIG)ffl*17.4SED£.1805SM SV4.OF !
FOR: COWER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLORIDA ammo PROM904,It$VMSYPR AND AWED
GOLDEN GATE BOULEVARD -E)1V:11111taynv ,••
SKETCH & DESCRIPTION OFT PROPOSED ROADWAY BASEMENT
PARCEL 183 ROUE aD1D Mute Pok0,1vo.8 OA 200
Hop*,PIM&DON
COLLIER COUNTY; FLORIDA Now(.2*OW-005 FM:00 07•OSM
Le ND:
8451
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY HIS NAME SHEET
0502i7.00.000007 3 49 27 1" . 80' FEB, 2006 aR, 0141661<113 1 (WI
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