Agenda 02/28/2017 Item #16K1202/28/2017
EXECUTIVE SUMMARY
Recommendation to accept an Offer of Judgment and approve a proposed Stipulated Final
Judgment for the taking of Parcel 400RDUE in the pending case styled Collier County v. Jarrett
Cox, et al, Case No. 16-CA-1313, required for the widening of Golden Gate Boulevard from 20th
Street East to East of Everglades Boulevard, Project No. 60145. (Fiscal Impact: $5,624.00)
OBJECTIVE: To accept an Offer of Judgment and approve a proposed Stipulated Final Judgment for the
taking of Parcel 400RDUE required for the widening of Golden Gate Boulevard from 20th Street East to
East of Everglades Boulevard, Project No. 60145.
CONSIDERATIONS: On April 26, 2016, the Board authorized the condemnation of Parcel 400RDUE
in order to construct roadway, drainage and utility improvements required for the widening of Golden
Gate Boulevard from 20th Street East to East of Everglades Boulevard. On November 18, 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 $500.00 into the Court Registry. The right -of-way roadway,
drainage and utility easement, approximately 1,125 square feet in size, was taken from property owned by
James Pace and Louise Pace. An aerial photograph of the subject property is attached to this item for
reference.
The County Attorney’s Office and Transportation staff recommends the Board accept the attached Offer
of Judgment and approve the attached proposed Stipulated Final Judgment since a bett er result is not
anticipated at trial. If this item is accepted and approved, the County will be obligated to pay an additional
$5,624.00 over the amount already deposited. This amount includes all damages, $969.00 in expert
witness fees, and $1,155.00 in attorneys’ fees, and costs. Upon approval, the County Attorney’s Office
will file a Joint Motion for the Stipulated Final Judgment with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $5,624.00 are available in the Golden Gate Blvd.
Transportation Capital Improvement 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 in the pending case styled Collier County v. Jarrett Cox, et al, Case No. 16-CA-1313, for the
taking of Parcel 400RDUE required for the widening of Golden Gate Boulevard from 20th Street East to
East of Everglades Boulevard, Project No. 60145.
Prepared by: Jennifer A. Belpedio, Assistant County Attorney
ATTACHMENT(S)
1. Offer of Judgment p400RDUE (PDF)
2. Proposed Stipulated Final Judgment p 400RDUE (PDF)
3. Aerial Photograph of Parcel 400RDUE (PDF)
16.K.12
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02/28/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.12
Doc ID: 2772
Item Summary: Recommendation to accept an Offer of Judgment and approve a proposed
Stipulated Final Judgment for the taking of Parcel 400RDUE in the pending case styled Collier County v.
Jarrett Cox, et al, Case No. 16-CA-1313, required for the widening of Golden Gate Boulevard from 20th
Street East to East of Everglades Boulevard, Project No. 60145. (Fiscal Impact: $5,624.00)
Meeting Date: 02/28/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
02/17/2017 11:58 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
02/17/2017 11:58 AM
Approved By:
Review:
Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 02/17/2017 12:10 PM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 02/17/2017 1:29 PM
Growth Management Department Gene Shue Additional Reviewer Completed 02/17/2017 1:34 PM
Capital Project Planning, Impact Fees, and Program Management Rookmin Nauth Additional Reviewer Completed 02/17/2017 3:04 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 02/21/2017 7:42 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 02/21/2017 7:50 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 02/21/2017 12:11 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/21/2017 1:13 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 02/21/2017 2:59 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/21/2017 3:29 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/21/2017 4:46 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/28/2017 9:00 AM
16.K.12
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IN THE CIRCUIT COURT FOR TIIE TWENTIETH ruDICIAL CIRCUIT
IN AhID FOR COLLIER COUNTY, FLORIDA
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Petitioner, CASE NO. 2016-CA-001313
v,
Parcels: 400RDUE
JARRETT COX; SARAH LEE COX;
MARKETPLACE HOME MARTGAGE, LLC;
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS,INC., as nominee for lvlarketplace Home
Mortgage, LLC; JAMES PACE; LOUISE PACE;
JESSICA L. MILLER a/Ua Jessisa Lynne Miller a/lc/a
Jessica Vacco; PAUL VACCO; SUNCOAST
CREDIT I.JNION; LELAND DILK; MERCEDES M.
GONZALES alVaMercedes M. Lam; and
WAKEFIELD PROPERTY HOLDINGS, LLC A
Connecticut limited liability company,
Respondents.
I
RESPONDENTS' OF'X'ER OF' JUDGMENT
Respondents, JAMES PACE and LOUISE PACE ("Respondents"), by and through their
undersigned counsel and pursuant to $73.032, Florida Statutes,make this Offer of Judgment (the
"Offer") to Petitioner, Collier County, for payment of compensation in the amount of $4,000 to
settle and resolve all pending claims of Respondents for full compensation exclusive of
attomeyos fees and experts' fees and costs. The particular relevant conditions of this offer are
briefly summuized as follows:
a, Acceptance of the offer must be timely in accordance with the procedures
established in $73,032, Florida Statutes;
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Packet Pg. 1551 Attachment: Offer of Judgment p400RDUE (2772 : Accept Offer of Judgment - Jarrett Cox - 16-CA-1313 - project 60145 - parcel 400RDUE -
b. If timely accepted by Petitioner, payment in accordance with the Offer
shall constitute payment of full compensation to Respondents for *re taking in this action,
exclusive of attomey's fees and experts' fees and costs;
c. Following timely acceptance of this Offer by Petitioner, judgment shall be
entered pursuant to $73.032 (4Xc), Florlda Statutes;
d. All sums Petitioner previously deposited into the registry of the court
purzuant to the Order of Taking for ttre taking at issue shall be credited toward Petitioner's
payment in conjunction with this Offer;
e. Pursuant to $73.032, Florida Statutes, Respondents have served this Offer
upon Petitioner in the same manner as other pleadings, but have not filed this Offer;
f. Respondents may withdraw this Offer in uniting according to the
procedures established in $73.032, Florida Statutes.
CERTIF'ICATE OF SERVICE
I hereby certify that a true and conect copy ofthe foregoing has been sent via electronic
mail, facsimile and/or U. S. Mail on January 12,2017,to those listed on the attached Service
List.
/s/ Edsar Looez
EDGAR LOPEZ, ESQUIRE
FloridaBarNo, 12917
HARRIS HARRIS BAUERLB ZIEGLER LOPEZ
1201 East Robinson Street
Orlando, Florida 32801 -21 l 5
Telephone: (407) 843-0404
Facsimile: (407) 843-0444
Primary Emails: edgar@hhbzlfl orida.com
Additional Email : rebecca@hhbzlflorida.com
Attomeys for Respondents Jarnes Pace and
Louise Pace
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Packet Pg. 1552 Attachment: Offer of Judgment p400RDUE (2772 : Accept Offer of Judgment - Jarrett Cox - 16-CA-1313 - project 60145 - parcel 400RDUE -
Service List
All Percols:
Collter Co unty, Florlda
Jennifer A. Belpedio, Esq.
Collier County Attorney's Office
3299EastTamiami Trail, Suitc 800
Naples, FL34ll2
Telephone: Q39) 252-8400
Facsimile: Q39) 77 4-0225
i enniferbelpedio@colliersov.net
emilvoeoin@colliergov.net
sherimalcolm@colliergov. net
16.K.12.a
Packet Pg. 1553 Attachment: Offer of Judgment p400RDUE (2772 : Accept Offer of Judgment - Jarrett Cox - 16-CA-1313 - project 60145 - parcel 400RDUE -
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.: 16-CA-1313
PARCEL: 400RDUE
JARRETT COX, et al
Respondents
___________________________________________/
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its counsel, and Respondents, JAMES PACE
and LOUISE PACE, by and through their counsel, for entry of a Stipulated Final Judgment as to
Parcel 400RDUE 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 said Respondents, and the Court being otherwise fully advised in the
premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondents, JAMES PACE and LOUISE PACE,
have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Four
Thousand and No/100 Dollars ($4,000.00) for Parcel 400RDUE, 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 and statutory interest; it is further
16.K.12.b
Packet Pg. 1554 Attachment: Proposed Stipulated Final Judgment p 400RDUE (2772 : Accept Offer of Judgment - Jarrett Cox - 16-CA-1313 - project 60145 -
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for
the good faith estimate of value previously deposited in the amount of Five Hundred and
No/100 Dollars ($500.00), as payment for acquisition of Parcel 400RDUE, 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
One Hundred Fifty Five and 00/100 Dollars ($1,155.00) to Respondents for all attorneys’ fees
and costs, and no other attorneys’ fees or costs shall be awarded in this case; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay Nine Hundred
Sixty Nine and No/100 Dollars ($969.00) to Respondents for all experts’ fees and costs, and no
other experts’ fees 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 Five
Thousand Six Hundred Twenty Four and 00/100 Dollars ($5,624.00) to Edgar Lopez, Esq.,
Trust Account, Harris Harris Bauerle Ziegler Lopez, 1201 East Robinson Street, Orlando, FL
32801, 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
400RDUE 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
400RDUE, being fully described in Exhibit “A” attached hereto and incorporated herein, which
vested in Petitioner pursuant to the Order of Taking dated November 18, 2016, 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 5298, Page 3085 of the Public Records of Collier
County, Florida be dismissed as to Parcel 400RDUE; it is further
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Packet Pg. 1555 Attachment: Proposed Stipulated Final Judgment p 400RDUE (2772 : Accept Offer of Judgment - Jarrett Cox - 16-CA-1313 - project 60145 -
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 February, 2017.
_____________________________________
THE HONORABLE HUGH D. HAYES
Circuit Court Judge
Conformed Copies to:
Jennifer A. Belpedio, Esq., Counsel for Petitioner, jenniferbelpedio@colliergov.net;
sherimalcolm@colliergov.net
Edgar Lopez, Esq., Counsel for Respondents, edgar@hhbzlflorida.com;
Rebecca@hhbzlflorida.com
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Packet Pg. 1556 Attachment: Proposed Stipulated Final Judgment p 400RDUE (2772 : Accept Offer of Judgment - Jarrett Cox - 16-CA-1313 - project 60145 -
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Packet Pg. 1557 Attachment: Proposed Stipulated Final Judgment p 400RDUE (2772 : Accept Offer of Judgment - Jarrett Cox - 16-CA-1313 - project 60145 -
AERIAL PHOTO OF PARCEL 400RDUE
-
EXISTING
ROW LINE
PARCEL
400RDUE
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Packet Pg. 1558 Attachment: Aerial Photograph of Parcel 400RDUE (2772 : Accept Offer of Judgment - Jarrett Cox - 16-CA-1313 - project 60145 - parcel