Agenda 02/14/2017 Item #16K402/14/2017
EXECUTIVE SUMMARY
Recommendation to approve a Final Judgment for Parcel 202RDUE in the case styled Collier
County v. Baby Brothers Enterprises, Inc., et al., Case No. 15-CA-298, now pending in the Twentieth
Judicial Circuit, Collier County, required for the widening of Golden Gate Boulevard (Project No.
60040). (Fiscal Impact: $10,400)
OBJECTIVE: To settle the amount of full compensation for the taking of Parcel 202RDUE condemned
for improvements to Golden Gate Boulevard, Project No. 60040, hereinafter referred to as the “Project.”
CONSIDERATIONS: On June 10, 2014, the Board of County Commissioners (Board), authorized the
condemnation of Parcel 202RDUE required for the construction of the Project. Parcel 202RDUE is a
7,740 square foot roadway, drainage and utility easement on the south side of Golden Gate Boulevard
over a tract of land owned by Juan and Piedad Jimenez. On July 9, 2015, the Court vested the title and
interest of Parcel 202RDUE to the County, and as a good faith estimate of value, the C ounty deposited
$2,600.00 into the Court Registry. Through negotiation, the parties agreed to total compensation in the
amount of $13,000, which includes $5,000 in attorney’s fees and costs. The County would be required to
pay an additional $10,400.00, to the previously deposited amount of $2,600.00 by the County, for Parcel
202RDUE to arrive at the total compensated amount of $13,000.00.
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 $10,400.00 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
ATTACHMENT(S)
1. Proposed Joint Motion for Final Judgment - Parcel 202RDUE (PDF)
2. Aerial 202RDUE (PDF)
16.K.4
Packet Pg. 1131
02/14/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Item Summary: Recommendation to approve a Final Judgment for Parcel 202RDUE in the case
styled Collier County v. Baby Brothers Enterprises, Inc., et al., Case No. 15-CA-298, now pending in the
Twentieth Judicial Circuit, Collier County, required for the widening of Golden Gate Boulevard (Project
No. 60040). (Fiscal Impact: $10,400)
Meeting Date: 02/14/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
01/30/2017 2:50 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
01/30/2017 2:50 PM
Approved By:
Review:
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 01/30/2017 2:55 PM
Growth Management Department Jeanne Marcella Level 1 Division Reviewer Completed 01/30/2017 3:45 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 01/31/2017 8:08 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 01/31/2017 8:47 AM
Growth Management Department Gene Shue Additional Reviewer Completed 01/31/2017 9:07 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 01/31/2017 9:16 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 01/31/2017 9:53 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/31/2017 3:25 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/31/2017 5:23 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 02/03/2017 9:10 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/06/2017 10:22 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/14/2017 9:00 AM
16.K.4
Packet Pg. 1132
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.
BABY BROTHERS ENTERPRISES, INC.,
ET AL.,
Respondents.
Case No.: l5-CA-298
PARCEL: 202RDUE
JOINT MOTION FOR FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, JUAN
JIMENEZ and PIEDAD JIMENEZ, by and through their undersigned counsel, hereby
JENNIFER A. BELPEDIO, ESQUIRE
Florida Bar No. 186030
Collier County Attorney's Office
3299EastTamiami Trail, Suite 800
Naples, FL34ll2
Telephone: (239) 252-8400
Facsimile: (239) 77 4-0225
Counsel for Petitioner
ienniferbelpedio@colliergov.net
sherimalcolm@col liergov. net
BFLLA Y. PATEL, ESQUIRE
Florida Bar No. 961670
Bella Y. Patel, P.A.
13026 Waterford Run Drive
Riverview, FL 33569
Telephone: (813) 643-27 62
Facsimile: (813) 643-2612
C ouns el for Respondent s
Bellapatelpa@aol.com
16.K.4.a
Packet Pg. 1133 Attachment: Proposed Joint Motion for Final Judgment - Parcel 202RDUE (2669 : Final Judgment - Parcel 202RDUE - Collier County v. Baby
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 2017.
JENNIFER A. BELPEDIO, ESQUIRE
SERVICE LIST
PARCEL 2O2RDUE
BY:
Juan Jimenez
427 7ft Street
North Bergen, NJ 07047-551I
Piedad Jimenez
421 7l't Street
North Bergen, NJ 07047-5511
American Express Centurion Bank
777 American Express Way
Fort Lauderdale. FL 33337
16.K.4.a
Packet Pg. 1134 Attachment: Proposed Joint Motion for Final Judgment - Parcel 202RDUE (2669 : Final Judgment - Parcel 202RDUE - Collier County v. Baby
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY. FLORIDA
CIVIL ACTION
COLLIER COI-INTY, FLORIDA, a political
subdivision of the State of Florida,
Petitioner,
v.
BABY BROTHERS ENTERPRISES, [NC.,
ET AL.,
Case No.: 15-CA-298
PARCEL: 202RDUE
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, JUAN
JIMENEZ and PIEDAD JIMENEZ,by and though their counsel, for entry of a Final Judgment
as to Parcel 202RDUE for Project No. 60040, and it appearing to the Court that the parties are
authofized 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 ruAN JIMENEZ and PIEDAD JIMENEZ have and
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Eight Thousand
and No/100 Dollars ($8,000.00) for Parcel 202RDUE, 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
Lil
16.K.4.a
Packet Pg. 1135 Attachment: Proposed Joint Motion for Final Judgment - Parcel 202RDUE (2669 : Final Judgment - Parcel 202RDUE - Collier County v. Baby
ORDERED that Petitioner, COLLIER COUNTY, FLOzuDA, shall pay Five Thousand
and No/100 Dollars ($5,000.00) to Respondents for all attomey'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 Two Thousand Six
Hundred and No/100 Dollars ($2,600.00), as payment for acquisition of Parcel 202RDUE, at
which time title to said parcel as described in Exhibit (64," vested in the name of the Petitioner; it
is further
ORDERED that the Clerk shall immediately disburse from the Court Registry the amount
of Two Thousand Six Hundred and No/100 Dollars ($2,600.00) to Bella Y. Patel, P.A. Trust
Account, c/o Bella Y. Patel, Esquire, 13026 Waterford Run Drive, Riverview, Florida 33569; it
is fuither
ORDERED that within thirty (30) days hereof, Petitioner shall pay the total sum of Ten
Thousand Four Hundred and No/100 Dollars ($10,400.00) Bella Y. Patel, P.A. Trust
Account, c/o Bella Y. Patel, Esquire, 13026 Waterford Run Drive, Riverview, Florida 33569; it
is further
ORDERED that this Order disposes of all claims arising out of the taking of Parcel
202RDUE and that have or could have been asserted in this cause; it is fuither
ORDERED that road right-of-way, drainage and utility easement interest to Parcel
202RDUE, 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
heretofore made, is approved, ratified, and confirmed; it is further
16.K.4.a
Packet Pg. 1136 Attachment: Proposed Joint Motion for Final Judgment - Parcel 202RDUE (2669 : Final Judgment - Parcel 202RDUE - Collier County v. Baby
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 Parcel202RDUE: 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
,2017.
HONORABLE JAMES R. SHENKO
Circuit Court Judge
Conformed copies to:
Jennifer A. Belpedio, Esq., Counsel for Petitioner, ienniferbelpedio@colliereov.net
Bella Y. Patel, Esq., Counsel for Respondents, Bellapatelpa@aol.com
American Express, 777 Ameican Express Way, Fort Lauderdale, FL 33337
16.K.4.a
Packet Pg. 1137 Attachment: Proposed Joint Motion for Final Judgment - Parcel 202RDUE (2669 : Final Judgment - Parcel 202RDUE - Collier County v. Baby
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COLDEN GATE BOULEVARD (CR 876)
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PROPOSED ROADWAY FNSEMENT
PARCEL 202 ROUE
7,740 S0 n
; TRACr 20 TRACT 21
GOLDEN GATE ESTATES
UNIT 48
PLAT BOOK 5 PAGE 76
TRACT 56
g
EAST 180. OF
TRACT 21
MFC NVESTMENTS LLC
cR 4+96/982
SO FT SOUARE FEET
cR oFFtClAr- RECoRDS (BO0K,/PAGE)
K} PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE)
.-7--71 EXISTING ROADWAY EASEMENT OEDICATED TO THE PERPETUAL
l'/ / A LSE oF THE puBLrc PER PIAT BOoK 5, PAcl 78
TECM. ROW
FEB 0 | 2010
LEGAL DESCRIPNON FOR PA.RCEL 202 RDUE
A PORTION OF TRACT 2I GOLDEN GATE ESTATES, UNIT 48 AS RECORDED ]N PLAT BOOK 5, PAGE 7E OF THE PUBLIC
RECORDS OF COI_LtER COUNTY. FLOR|DA, I-VNC r,l SECTTON 2, TOWNSHTP 49 SOUTH, RANGL 27 EAST. COLLIER
COTJNTY ;LORIDA, BEING MORE PART]CULARLY DESCRIBED AS FOLLOWS
THE SOUTH 45 FEET OF THE NORTH 95 FTET OF THE EAST I8O FEET OF SAID TRACT
CONTAIN NG 7,740 SQUARE FEET, MORE OR LESS
SKETCH & OESCRIPTION ONLY
NOT A BOUNDARY SURVEY SCAIEI t"-8O'
FOR: COLLIER COUNTY GOVERNMENT EOARD OF COUNTY COMMISSIONERS rcT yNo ffiHdt sE dctN['$uruRa & usE &&sE s4 0a
A ruRrU R€GlftREO PffESSlru SUffiOR AO WPn
GOLDEN GATE BOUI,EVAND
SKETCH & DESCRIPTION OF: PROPOSED ROADTAY EASEMENT
PARCEL 202 RDUE
COLLIER COUNTY, FLORIDA
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16.K.4.a
Packet Pg. 1138 Attachment: Proposed Joint Motion for Final Judgment - Parcel 202RDUE (2669 : Final Judgment - Parcel 202RDUE - Collier County v. Baby
202 RDUE
Aerial Photograph
16.K.4.b
Packet Pg. 1139 Attachment: Aerial 202RDUE (2669 : Final Judgment - Parcel 202RDUE - Collier County v. Baby Brothers Enterprises - Project 60040)