Agenda 02/28/2017 Item #16K 802/28/2017
EXECUTIVE SUMMARY
Recommendation to accept an Offer of Judgment and approve a proposed Stipulated Final
Judgment as full compensation for the taking of Parcel 342RDUE, in the pending case styled
Collier County v. James Dean White, et al., Case No. 16-CA-1280, required for the Golden Gate
Blvd. Project No. 60145 (from 20th Street E. to east of Everglades Blvd.). (Fiscal Impact: $4,992)
OBJECTIVE: To accept an Offer of Judgment and approve a proposed Stipulated Final Judgment as
full compensation for the taking of Parcel 342RDUE, required for the Golden Gate Blvd. Project No.
60145 (from 20th Street E. to east of Everglades Blvd.).
CONSIDERATIONS: On April 26, 2016, the Board of County Commissioners (Board) authorized the
condemnation of Parcel 342RDUE in order to construct roadway, drainage and utility improvements
required for the expansion of Golden Gate Blvd. from 20th Street E. to east of Everglades Blvd. On
November 22, 2016, the Court entered an Order of Taking for the required property and the County
subsequently deposited a good faith estimate of value in the amount of $1,500 into the Court Registry.
Parcel 342RDUE is a 3,150 square foot right-of-way roadway, drainage and utility easement on the south
side of Golden Gate Blvd. E. on property owned by Norma Martinez. An aerial photograph of the subject
property is attached to this item for reference.
Counsel for Norma Martinez served an Offer of Judgment on the County in the amount of $4,500, with
additional costs of $1,023 for statutory attorney fees and $969 for expert fees, totaling $6,492. The
County Attorney’s Office and Transportation staff recommends the Board accept the Offer of Judgment
and approve the proposed Stipulated Final Judgment since a better result is not anticipated at Trial. If this
item is accepted and approved, the County will be obligated to pay an additional $4,992
over the amount already deposited. This amount includes all damages, expert witness fees, attorneys’
fees, and costs. Upon approval, the County Attorney’s Office will file a Joint Motion for Stipulated Final
Judgment with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $4,992 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
action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - JAB
RECOMMENDATION: To accept an Offer of Judgment and approve a proposed Stipulated Final
Judgment as full compensation for the taking of Parcel 342RDUE, in the pending case styled Collier
County v. James Dean White, et al., Case No. 16-CA-1280, required for the Golden Gate Blvd. Project
No. 60145 (from 20th Street E. to east of Everglades Blvd.).
PREPARED BY: Jennifer A. Belpedio, Assistant County Attorney
ATTACHMENT(S)
1. Offer of Judgment (PDF)
16.K.8
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02/28/2017
2. Proposed Stipulated Final Judgment p342 (PDF)
3. Aerial Photograph of Parcel 342RDUE (PDF)
16.K.8
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02/28/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.8
Doc ID: 2761
Item Summary: Recommendation to accept an Offer of Judgment and approve a proposed
Stipulated Final Judgment as full compensation for the taking of Parcel 342RDUE, in the pending case
styled Collier County v. James Dean White, et al., Case No. 16-CA-1280, required for the Golden Gate
Blvd. Project No. 60145 (from 20th Street E. to east of Everglades Blvd.). (Fiscal Impact: $4,992)
Meeting Date: 02/28/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
02/16/2017 8:58 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
02/16/2017 8:58 AM
Approved By:
Review:
Growth Management Department Jeanne Marcella Level 1 Division Reviewer Completed 02/16/2017 9:41 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 02/16/2017 9:45 AM
Growth Management Department Debbie Allen Additional Reviewer Skipped 02/16/2017 10:04 AM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 02/16/2017 1:04 PM
Growth Management Department Gene Shue Additional Reviewer Completed 02/16/2017 1:46 PM
Capital Project Planning, Impact Fees, and Program Management Rookmin Nauth Additional Reviewer Completed 02/16/2017 2:09 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 02/17/2017 1:19 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 02/17/2017 2:43 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/17/2017 3:00 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/17/2017 3:22 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 02/17/2017 3:39 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/19/2017 12:04 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/28/2017 9:00 AM
16.K.8
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16.K.8.a
Packet Pg. 1509 Attachment: Offer of Judgment (2761 : Accept Offer of Judgment - James Dean White - 16-CA-1280 -
16.K.8.a
Packet Pg. 1510 Attachment: Offer of Judgment (2761 : Accept Offer of Judgment - James Dean White - 16-CA-1280 -
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Packet Pg. 1511 Attachment: Offer of Judgment (2761 : Accept Offer of Judgment - James Dean White - 16-CA-1280 -
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,
Case No.: 16-CA-1280
v. PARCEL: 342RDUE
JAMES DEAN WHITE; LEONA KAY DURKIN, f/ka
LEONA KAY WHITE; THE HEIRS/DEVISEES OF
THE ESTATE OF A. DEAN WHITE, deceased;
SOCIAL CARE SOLUTIONS, LLC; UNKNOWN
TENANTS, if any; NORMA MARTINEZ; ERIC
GUERRIER; MICHELINE GUERRIER; GMAC
MORTGAGE, LLC; SUNCOAST SCHOOLS
FEDERAL CREDIT UNION; Collier County Board
of County Commissioners; and Ulysses Dominguez;
Respondents.
[Respondents & Parcels reflected in italics indicate
resolution through Dismissal or Final Judgment]
______________________________________________/
PETITIONER COLLIER COUNTY AND RESPONDENT NORMA MARTINEZ’S
JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCEL 342RDUE
COMES NOW, Petitioner COLLIER COUNTY, FLORIDA, together with Respondent
NORMA MARTINEZ, by and through undersigned counsel, and hereby respectfully move for
entry of the proposed Stipulated Final Judgment as to Parcel 342RDUE attached hereto as
Exhibit “1”.
___________________________________
JENNIFER A. BELPEDIO, ESQ.
Florida Bar No. 186030
Collier County Attorney’s Office
3299 East Tamiami Trail, Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
CO-COUNSEL FOR PETITIONER
jenniferbelpedio@colliergov.net
colleengreene@colliergov.net
nancybradley@colliergov.net
___________________________________
EDGAR LOPEZ, ESQ.
Florida Bar No. 12917
Harris, Harris, Bauerle, Ziegler, Lopez
1201 East Robinson St.
Orlando, FL 32801-2115
Telephone: (407) 843-0404
COUNSEL FOR RESPONDENT
NORMA MARTINEZ
edgar@hhbzlflorida.com
rebecca@hhbzlflorida.com
16.K.8.b
Packet Pg. 1512 Attachment: Proposed Stipulated Final Judgment p342 (2761 : Accept Offer of Judgment - James Dean White - 16-CA-1280 - project 60145 -
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, or by U.S. Mail, postage
prepaid, to parties as indicated on the Service List below on this _____ day of February, 2017.
BY: _______________________________
JENNIFER A. BELPEDIO, ESQ.
SERVICE LIST
COLLIER COUNTY v. JAMES DEAN WHITE, et al.
Case No. 16-CA-1280
PARCEL 342RDUE
NORMA MARTINEZ
c/o Edgar Lopez, Esq.
Harris, Harris, Bauerle, Ziegler & Lopez
edgar@hhbzlflorida.com
rebecca@hhbzlflorida.com
16-CA-1280/474
16.K.8.b
Packet Pg. 1513 Attachment: Proposed Stipulated Final Judgment p342 (2761 : Accept Offer of Judgment - James Dean White - 16-CA-1280 - project 60145 -
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, a political subdivision of
the State of Florida,
Petitioner,
Case No.: 16-CA-1280
v. PARCEL: 342RDUE
JAMES DEAN WHITE; LEONA KAY DURKIN, f/ka
LEONA KAY WHITE; THE HEIRS/DEVISEES OF
THE ESTATE OF A. DEAN WHITE, deceased;
SOCIAL CARE SOLUTIONS, LLC; UNKNOWN
TENANTS, if any; NORMA MARTINEZ; ERIC
GUERRIER; MICHELINE GUERRIER; GMAC
MORTGAGE, LLC; SUNCOAST SCHOOLS
FEDERAL CREDIT UNION; Collier County Board
of County Commissioners; and Ulysses Dominguez;
Respondents.
[Respondents & Parcels reflected in italics indicate
resolution through Dismissal or Final Judgment]
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 342RDUE
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, NORMA MARTINEZ, by and through their
undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 342RDUE for Project
No. 60145, 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
Respondent, NORMA MARTINEZ, and the Court being otherwise fully advised in the premises
thereof, it is thereupon
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.8.b
Packet Pg. 1514 Attachment: Proposed Stipulated Final Judgment p342 (2761 : Accept Offer of Judgment - James Dean White - 16-CA-1280 - project 60145 -
ORDERED AND ADJUDGED that Respondent, NORMA MARTINEZ, have and
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Four Thousand
Five Hundred and No/100 Dollars ($4,500.00) for Parcel 342RDUE, 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 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 One Thousand Five
Hundred and No/100 Dollars ($1,500.00), as payment for acquisition of Parcel 342RDUE, at
which time title to said parcel as described in Exhibit “A” vested in the name of the Petitioner; it
is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay One Thousand
Nine Hundred Ninety Two and No/100 Dollars ($1,992.00), to Respondent for all attorneys’
fees and costs; and expert fees and costs; and no other attorney or expert fees and/or costs shall
be awarded in this case; it is further
ORDERED that within thirty (30) days hereof, Petitioner shall pay the total sum of Four
Thousand Nine Hundred Ninety Two and No/100 ($4,992.00), to Harris, Harris, Bauerle,
Ziegler, Lopez, c/o Edgar Lopez, Esq., 1201 East Robinson St., Orlando, FL 32801-2115, in
additional funds over the amount previously deposited into the Court Registry; it is further
ORDERED that this Order disposes of all claims arising out of the taking of Parcel
342RDUE and that have or could have been asserted in this cause; it is further
ORDERED that the right-of-way roadway drainage and utility easement interest to Parcel
342RDUE, being fully described in Exhibit “A” attached hereto and incorporated herein, which
vested in Petitioner pursuant to the Order of Taking dated November 22, 2016, and the deposit of
money heretofore made, is approved, ratified, and confirmed; it is further
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.8.b
Packet Pg. 1515 Attachment: Proposed Stipulated Final Judgment p342 (2761 : Accept Offer of Judgment - James Dean White - 16-CA-1280 - project 60145 -
ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled
cause and recorded in Official Record Book 5298, Page 1113 of the Public Records of Collier
County, Florida be dismissed as to Parcel 342RDUE; 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.
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this
day of , 2017.
___________________________________________
THE HONORABLE LAUREN L. BRODIE
Circuit Court Judge
Conformed Copies to:
Jennifer A. Belpedio, Esq., Counsel for PETITIONER, jenniferbelpedio@colliergov.net
Edgar Lopez, Esq., Counsel for Respondent NORMA MARTINEZ, edgar@hhbzlflorida.com
Clerk’s Office, Accounting
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.8.b
Packet Pg. 1516 Attachment: Proposed Stipulated Final Judgment p342 (2761 : Accept Offer of Judgment - James Dean White - 16-CA-1280 - project 60145 -
Exhibit "1" to Joint Motion for Stipulated Final Judgment
16.K.8.b
Packet Pg. 1517 Attachment: Proposed Stipulated Final Judgment p342 (2761 : Accept Offer of Judgment - James Dean White - 16-CA-1280 - project 60145 -
AERIAL PHOTO OF PARCEL 342RDUE (MARTINEZ)
EXISTING RIGHT-OF-WAY
PARCEL
342RDUE
16.K.8.c
Packet Pg. 1518 Attachment: Aerial Photograph of Parcel 342RDUE (2761 : Accept Offer of Judgment - James Dean White - 16-CA-1280 - project 60145 - parcel