Loading...
Agenda 01/24/2017 Item #16K401/24/2017 EXECUTIVE SUMMARY Recommendation to approve a proposed Stipulated Order of Taking and Final Judgment in the amount of $15,631 for Parcel 365RDUE in the case styled Collier County v. Steven A. Edwards, et al., Case No. 16-CA-1327, required for the expansion of Golden Gate Blvd. From 20th Street East to east of Everglades Blvd., Project No. 60145. (Fiscal Impact: $15,631) OBJECTIVE: To settle the amount of full compensation, including attorneys’ fees, and obtain title of Parcel 365RDUE, condemned as part of the expansion of Golden Gate Blvd. From 20th Street East to east of Everglades Blvd., Project No. 61045, hereinafter referred to as the “Project.” CONSIDERATIONS: Parcel 365RDUE is a right-of-way roadway and drainage utility easement, approximately 2,475 square feet on the north side of Golden Gate Blvd. East owned by Felix Iglesias and Petra Y. Diaz. An aerial photograph is attached for reference. The Board authorized condemnation of this parcel on April 26, 2016, and the County filed its Petition in Eminent Domain on July 26, 2016. On September 27, 2016, the Board approved an Easement Agreement for this parcel in the total amount of $13,112, which included $2,112 for attorneys’ fees. A subordination agreement from the lender required for the closing was unable to be obtained. CAO staff worked with the attorney for the owners and the lenders and negotiated the attached proposed Stipulated Order of Taking and Final Judgment. The attorney for the owners is requesting an additional $2,519 for fees incurred in negotiating the proposed Stipulated Final Judgment. These additional attorney fees are authorized by Section 73.092(2), Florida Statutes. CAO staff has reviewed the invoice for additional attorneys’ fees and finds the amount reasonable. The County Attorney’s Office and Staff recommend approval of this proposed Stipulated Order of Taking and Final Judgment since a better result is not anticipated at trial. Upon approval, the County Attorney’s Office will file the Joint Motion with the Circuit Court. FISCAL IMPACT: Funds in the amount of $15,631 will be paid from gas taxes and/or impact fees from Golden Gate Blvd. Project No. 60145. 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 Stipulated Order of Taking and Final Judgment and authorize the payment of funds as stated herein. Prepared by: Jennifer A. Belpedio, Assistant County Attorney ATTACHMENT(S) 1. Proposed Joint Motion and Stipulated Order of Taking and Final Judgment (PDF) 2. Aerial Photograph of Parcel 365RDUE (PDF) 16.K.4 Packet Pg. 1074 01/24/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.4 Item Summary: Recommendation to approve a proposed Stipulated Order of Taking and Final Judgment in the amount of $15,631 for Parcel 365RDUE in the case styled Collier County v. Steven A. Edwards, et al., Case No. 16-CA-1327, required for the expansion of Golden Gate Blvd. from 20th Street East to east of Everglades Blvd., Project No. 60145. (Fiscal Impact: $15,631) Meeting Date: 01/24/2017 Prepared by: Title: Legal Office Administrator – County Attorney's Office Name: Debbie Allen 01/17/2017 3:45 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 01/17/2017 3:45 PM Approved By: Review: Growth Management Department Lisa Taylor Additional Reviewer Completed 01/18/2017 9:06 AM Transportation Engineering Kevin Hendricks Additional Reviewer Completed 01/18/2017 11:19 AM Transportation Engineering Jay Ahmad Additional Reviewer Completed 01/18/2017 12:54 PM Growth Management Department Gene Shue Additional Reviewer Completed 01/18/2017 2:06 PM Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 01/18/2017 2:08 PM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 01/18/2017 2:09 PM County Attorney's Office Debbie Allen Level 2 Attorney of Record Review Skipped 01/18/2017 3:36 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/18/2017 3:40 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/18/2017 3:41 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 01/18/2017 3:55 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/18/2017 4:10 PM Board of County Commissioners MaryJo Brock Meeting Pending 01/24/2017 9:00 AM 16.K.4 Packet Pg. 1075 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida, Petitioner, v. Case No.: 16-CA-1327 PARCEL: 365RDUE STEVEN A. EDWARDS; Carlos R. Morales; Jorge E. Morales,. The Estate of Corabell D. Morales; OSTIN STINFILA, a/lc/a OSTIN STINFIL; YONEL JOSEPH; FELIX IGLESIAS, a/k/a FELIX IGLESIA; BANK OF NEW YORK, as trustee for the certificate holders CWABS, Inc., Asset backed certificates, Series 2005-7; LHR, INC., as successor in interest to First Equity Card; MIDLAND FUNDING, LLC; NAPLES HMA, LLC, d/b/a PHYSICIANS REGIONAL MEDICAL CENTER; Collier County Board of County Commissioners; PETRA Y. DIAZ; DEUTSCHE BANK NATIONAL TRUST COMPANY, as as trustee for GSAMP Trust 2005-WMC3; OCWEN LOAN SERVICING, LLC, as servicer of Deutsche Bank National Trust Company; EDWARD BOCK; and WILLIAM A. VINES; Respondents. [Respondents reflected in italics indicate resolution through Dismissal or Final Judgment] PETITIONER COLLIER COUNTY, RESPONDENTS FELIX IGLESIAS AND PETRA Y. DIAZ, INTERESTED PARTY RESPONDENTS DEUTSCHE BANK NATIONAL TRUST COMPANY AND OCWEN LOAN SERVICING, LLC'S JOINT MOTION FOR STIPULATED ORDER OF TAKING AND FINAL JUDGMENT AS TO PARCEL 365RDUE COMES NOW, Petitioner COLLIER COUNTY, FLORIDA, together with Respondents FELIX IGLESIAS and PETRA Y. DIAZ, Interested Party Respondents DEUTSCHE BANK NATIONAL TRUST COMPANY and OCWEN LOAN SERVICING, LLC, by and through undersigned counsel, and hereby move for entry of a Stipulated Order of Taking and Final Judgment as to Parcel 365RDUE, attached hereto as Exhibit "1". 16.K.4.a Packet Pg. 1076 Attachment: Proposed Joint Motion and Stipulated Order of Taking and Final Judgment (2598 : Stipulated Order of Taking and Final Judgment - JENNIFER A. BELPEDIO, ESQ. Florida Bar No. 186030 Collier County Attorney's Office 3299 East Tamiarni Trail, Suite 800 Naples, FL 34112 Telephone: (239) 252-8400 CO-COUNSEL FOR PETITIONER jenniferbelpediogeolliergov.net colleengreene@colliergov.net nancybradleya,colliergov.net ETH A. JONES, ESQ. Florida Bar No. 200158 Roetzel & Andress, LPA 2320 First Street, Suite 1000 Fort Myers, FL 33901 Telephone: (239) 337-3850 COUNSEL FOR RESPONDENTS FELIX EGLESIAS and PETRA Y. DIAZ kjones@ralaw.com serve.kjonesAralaw.eom CLIFFORD KLEIN, ESQ. Florida Bar No. 84394 Clarfield, Okon, Solomone & Pincus 500 S. Australian Ave., Suite 730 West Palm Beach, FL 33401-6237 Telephone: (561) 713-1400 COUNSEL FOR INTERESTED PARTY RESPONDENTS DEUTSCHE BANK NATIONAL TRUST COMPANY and OCWEN LOAN SERVICING, LLC cklein@cosplaw.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the' Joint Motion was electronically filed with the Florida Courts E-Filing Portal which will send a notice of electronic filing to parties appearing via electronically, or by U.S. Mail, postage prepaid, to parties as indicated on the Service List below on this day of November, 2016. BY: JENNIFER A. BELPEDIO ESQ. SERVICE LIST • PARCEL 365RDUE FELIX E. IGLESIAS c/o Kenneth A. Jones, Esq. kjones@ralaw.com PETRA Y. DIAZ c/o Kenneth A. Jones, Esq. kjones@ralaw.com DEUTSCHE BANK NATIONAL TRUST COMPANY, as trustee for GSAMP Trust 2005-WMC3; c/o OCWEN Loan Servicing, LLC; c/o Cliff Klein, Esq. cklein@cosplaw.com OCWEN LOAN SERVICING, LLC, as Servicer of Deutsche Bank National Trust Company; c/o Cliff Klein, Esq. cklein@cosplaw.com 16.K.4.a Packet Pg. 1077 Attachment: Proposed Joint Motion and Stipulated Order of Taking and Final Judgment (2598 : Stipulated Order of Taking and Final Judgment - IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida, Petitioner, v. Case No.: 16-CA-1327 PARCEL: 365RDUE STEVEN A. EDWARDS; Carlos R. Morales; Jorge E. Morales,. The Estate of Corabell D. Morales; OSTIN STINFILA, a/lc/a OSTIN STINFIL; YONEL JOSEPH; FELIX IGLESIAS, a/lc/a FELIX IGLESIA; BANK OF NEW YORK, as trustee for the certificate holders CWABS, Inc., Asset backed certificates, Series 2005-7; LHR, INC., as successor in interest to First Equity Card; MIDLAND FUNDING, LLC; NAPLES HMA, LLC, d/b/a PHYSICIANS REGIONAL MEDICAL CENTER; Collier County Board of County Commissioners; PETRA Y. DIAZ; DEUTSCHE BANK NATIONAL TRUST COMPANY, as as trustee for GSAMP Trust 2005-WMC3; OCWEN LOAN SERVICING, LLC, as servicer of Deutsche Bank National Trust Company; EDWARD BOCK; and WILLIAM A. VINES; Respondents. [Respondents reflected in italics indicate resolution through Dismissal or Final Judgment] STIPULATED ORDER OF TAKING AND FINAL JUDGMENT AS TO PARCEL 365RDUE THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, Respondents, FELIX IGLESIAS, and PETRA Y. DIAZ, and Interested Party Respondents DEUTSCHE BANK NATIONAL TRUST COMPANY and OCWEN LOAN SERVICING, LLC, by and through their undersigned counsel, for entry of a Exhibit "1" to Joint Motion for Stipulated Order of Taking & Final Judgment 16.K.4.a Packet Pg. 1078 Attachment: Proposed Joint Motion and Stipulated Order of Taking and Final Judgment (2598 : Stipulated Order of Taking and Final Judgment - Stipulated Order of Taking and Final Judgment as to Parcel 365RDUE 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 thereupon ORDERED AND ADJUDGED that: 1. The Court has jurisdiction of this cause, the parties hereto and the subject matter hereof. 2. The pleadings in this cause are sufficient and the Petitioner is properly exercising its delegated authority. 3. The property described herein as Parcel 365RDUE is being acquired for a public purpose and is reasonably necessary to serve this public purpose. 4. The Amended Declaration of Taking and Estimate of Value filed in this cause by the Petitioner was made in good faith and based on a valid appraisal. 5. As of the date of this Order, the right, title and interest described in Exhibit "A" attached hereto and made a part hereof by reference shall vest in Petitioner, COLLIER COUNTY, FLORIDA. 6. Respondents FELIX IGLESIAS and PETRA Y. DIAZ, shall recover from Petitioner COLLIER COUNTY, the total sum of Eleven Thousand Dollars and No/100 Dollars ($11,000.00) as full compensation for the property interest taken and for any damages resulting to the remainder, if less than the entire property was taken, statutory interest, and expert fees in connection with Parcel 365RDUE. Exhibit "1" to Joint Motion for Stipulated Order of Taking & Final Judgment 16.K.4.a Packet Pg. 1079 Attachment: Proposed Joint Motion and Stipulated Order of Taking and Final Judgment (2598 : Stipulated Order of Taking and Final Judgment - 7. Within twenty (20) days from the date of this Order, Petitioner, COLLIER COUNTY, FLORIDA, shall pay Respondents FELIX IGLESIAS, and PETRA Y. DIAZ, the total sum of Five Thousand and Sixty One Dollars and 64/100 Dollars ($5,061.64), payable to Roetzel & Andress Trust Account, c/o Kenneth A. Jones, Esq., 2320 First Street, Suite 1000, Fort Myers, FL 33907. 8. Within twenty (20) days from the date of this Order, Petitioner, COLLIER COUNTY, FLORIDA, shall pay the total sum of Four Thousand Six Hundred Thirty One Dollars and 00/100 Dollars ($4,631.00), payable to Roetzel & Andress Trust Account, c/o Kenneth A. Jones, Esq., 2320 First Street, Suite 1000, Fort Myers, FL 33907, for all attorney's fees and expert costs, and no other attorney's fees or costs or expert fees and costs shall be awarded in this case; it is further 9. Within twenty (20) days from the date of this Order, Petitioner, COLLIER COUNTY, FLORIDA, shall pay Interested Party Respondents DEUTSCHE BANK NATIONAL TRUST COMPANY and OCWEN LOAN SERVICING, LLC the total sum of Five Thousand Nine Hundred Thirty Eight and 36/100 Dollars ($5,938.36), payable to to Clarfield, Okon, Solomone & Pincus Trust Account, c/o Clifford Klein, Esq., 500 S. Australian Ave., Suite 730, West Palm Beach, FL 33401-6237. 10. This Stipulated Order of Taking and Final Judgment disposes of all claims arising out of the taking of Parcel 365RDUE and that have or could have been asserted in this cause. 11. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 5299, Page 942 of the Public Records of Collier County, Florida is hereby released as to Parcel 365RDUE. 12. The Court reserves jurisdiction to enforce the terms of this Stipulated Order of Taking and Final Judgment. Exhibit "1" to Joint Motion for Stipulated Order of Taking & Final Judgment 16.K.4.a Packet Pg. 1080 Attachment: Proposed Joint Motion and Stipulated Order of Taking and Final Judgment (2598 : Stipulated Order of Taking and Final Judgment - 13. This Stipulated Order of Taking and Final Judgment is to be recorded in the Official Records of Collier County, Florida. DONE AND ORDERED in Naples, Collier County, Florida, this day of January, 2017. THE HONORABLE LAUREN L. BRODIE Circuit Court Judge Conformed Copies to: Jennifer A. Belpedio, Esq., Counsel for PETITIONER, ienniferbelpedio@colliergov.net Kenneth A. Jones, Esq., Counsel for Respondents FELIX IGLESIAS, and PETRA Y. DIAZ, kjones@ralaw.com Clifford Klein, Esq., Counsel for Interested Party Respondents DEUTSCHE BANK NATIONAL TRUST COMPANY and OCWEN LOAN SERVICING, LLC, cklein@cosplaw.com Clerk's Accounting Exhibit "1" to Joint Motion for Stipulated Order of Taking & Final Judgment 16.K.4.a Packet Pg. 1081 Attachment: Proposed Joint Motion and Stipulated Order of Taking and Final Judgment (2598 : Stipulated Order of Taking and Final Judgment - viEsT 165 0r TRACI 127 ]CLISA5 & otAZ ofi tsJr/J?gz PIERRE & ,JOS€PH oR J6J4/541 EXHIBIT'A" Page 15 of 20 N TRICITRACT 126 IRACT '127 COLDEN GAIE ESIATES UNTT 76 PtAt 800K $ PtGg 15 I I @row Y EAsEr€iat PAACSL J65 ROUE corDEN dAlE SOU|E ARo (CR 876) I oN oFFrclAL RECORoS (B0OK/PA6€) [$ r,nclosro RoADwAy. DnlNAct ^No r]T,Lrrr fAs:utN1 (Rour) | / /1 txtsltNo qoAD$aY iAs[vfM DIOICATEo IO rFE FERPrIL^I r. /. / usE 0F rHE liuBL,c FIR pLqT B00t( 5, pAct l] TEC{L D€SCRIF-DO}I TOR PTFCfl 565 RDTJE A PORIIOII OF TRnfi 127, COLOEN SA'rt ESTATES. UNIT 76 AS RECORDEO IN PIAT BOOK 5, PACE 1J OF TIII PUALTC RTCOROS Of COL.LIER COUNTY. FLORIDA, LYINC rN SEClOfi 6, TOYiIIS) P 49 SOUTH. FANGE 2E tASr, coL.Lr:n couNTY. aLoRroA, EtlNG MoaE PAmrculARLY o[sCRIAED A5 fOLLOyyS. Tr-tE NORTh 15 fftl 0F rHt SOUTiI 85 rgFr 0r thf wtsr 165 F€rr oF vro TR cT 127. CON-,ANING 2,475 SOUART FirI, MORL OR LESS. sr(ErcH * o€scRrPTron oNLY NOT A BOTINDARY SURVEY roii colllEn couhly 6oveR\nfiw EorrBo of co\JNtt cotl,lssloriERs coLDIt{ CiTA EOULEVAn) sXtTC t? DSSCfIPTION o?: PROPoSID R0 I]ltAY tlst]lltfl P1RCEL 366 RDUE COI.IJEA COU|fTT. FLORI.DA D\IIA*uuI9i'Y"'IHa gffi* rlr.a* ficrt 910l t6ft: @t rt {6rt f.r €9) rr{ar t50217.00.00 oo07 nwrsrolrSECiON 6 49 28 DATE F€8. 2006 5.R fttf N^t/|t uri76 SXJ65 Sfll:Ll torl Exhibit "1" to Joint Motion for Stipulated Order of Taking & Final Judgment 16.K.4.a Packet Pg. 1082 Attachment: Proposed Joint Motion and Stipulated Order of Taking and Final Judgment (2598 : Stipulated Order of Taking and Final Judgment AERIAL PHOTO OF IGLESIAS PROPERTY SHOWING EXIST. & PROP. ROW EXISTING ROW PROPOSED ROW - 16.K.4.b Packet Pg. 1083 Attachment: Aerial Photograph of Parcel 365RDUE (2598 : Stipulated Order of Taking and Final Judgment - CC v. Edwards - 16-CA-1327)