Agenda 02/28/2017 Item #16K1302/28/2017
EXECUTIVE SUMMARY
Recommendation to accept a Third Offer of Judgment in the amount of $49,040 excluding
attorney’s fees, expert fees, and costs, and approve a proposed Stipulated Final Judgment for the
taking of Parcel 196RDUE in the pending case styled Collier County v. Juan E. Navarro, et al, Case
No. 15-CA-154, required for the Golden Gate Blvd. Project No. 60040 (12th Street East to west of
16th Street East). (Fiscal Impact: $28,444.20)
OBJECTIVE: To accept a Third Offer of Judgment in the amount of $49,040 excluding attorney’s
fees, expert fees, and costs, and approve a proposed Stipulated Final Judgment for the taking of Parcel
196RDUE required for the Golden Gate Blvd. Project No. 60040 (12th Street East to west of 16th Street
East).
CONSIDERATIONS: On June 10, 2014, the Board authorized the condemnation of Parcel 196RDUE
in order to construct roadway, drainage and utility improvements required for the expansion of Golden
Gate Blvd. from 12th Street East to west of 16th Street East. On July 30, 2015, 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 $36,200 into the Court Registry. The right-of-way roadway, drainage and utility
easement, approximately 8,149 square feet in size, was taken from property owned by Thomas Marshky,
Jr. An aerial photograph of the subject property is attached to this item for reference.
On June 3, 2016, the County received an Offer of Judgment from the Respondent i n the amount of
$87,915, which was rejected. On July 21, 2016, the County received a Second Office of Judgment from
the Respondent in the amount of $63,635, which was also rejected. On January 17, 2017, the County
received a Third Offer of Judgment from respondent in the amount of $49,040, plus attorney’s fees,
expert fees, and costs. The County Attorney’s Office and Transportation staff recommends the Board
accept the attached Third Offer of Judgment and approve the attached 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 $28,444.20 over the amount already deposited. This amount plus
the funds in the Court Registry includes all damages ($49,040), expert witness fees ($1,790 to Barraco
and Associates; $8,125 to Allied Appraisers), and attorneys’ fees and costs ($5,689.20). Upon approval,
the County Attorney’s Office will file a Joint Motion for the Stipulated Final Judgment with the Circuit
Court.
We have a court ordered mediation scheduled in this case for March 9, 2017. If this item is approved, the
mediation will be cancelled, eliminating both mediation and litigation costs to the County.
FISCAL IMPACT: Funds in the amount of $28,444.20 are available in the Golden Gate Blvd.
Transportation Capital Improvement 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
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 a Third Offer of Judgment and approve a proposed Stipulated Final
Judgment in the pending case styled Collier County v. Juan E. Navarro, et al, Case No. 15-CA-154, for
16.K.13
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02/28/2017
the taking of Parcel 196RDUE required for the Golden Gate Blvd. Project No. 60040 (12th Street East to
west of 16th Street East).
Prepared by: Jennifer A. Belpedio, Assistant County Attorney
ATTACHMENT(S)
1. Third Offer of Judgment - parcel 196 (PDF)
2. Proposed Stipulated Final Judgment - parcel 196 (PDF)
3. Aerial Photograph of Parcel 196RDUE (PDF)
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02/28/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.13
Doc ID: 2778
Item Summary: Recommendation to accept a Third Offer of Judgment in the amount of $49,040
excluding attorney’s fees, expert fees, and costs, and approve a proposed Stipulated Final Judgment for
the taking of Parcel 196RDUE in the pending case styled Collier County v. Juan E. Navarro, et al, Case
No. 15-CA-154, required for the Golden Gate Blvd. Project No. 60040 (12th Street East t o west of 16th
Street East). (Fiscal Impact: $28,444.20)
Meeting Date: 02/28/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
02/21/2017 10:43 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
02/21/2017 10:43 AM
Approved By:
Review:
Transportation Engineering Diane Lynch Additional Reviewer Skipped 02/21/2017 10:56 AM
Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 02/21/2017 11:00 AM
Growth Management Department Gene Shue Additional Reviewer Completed 02/21/2017 11:09 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 02/21/2017 11:21 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 02/21/2017 1:08 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 02/21/2017 2:13 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 02/21/2017 2:46 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 02/21/2017 2:48 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/21/2017 2:57 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 02/21/2017 3:18 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 4:48 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/28/2017 9:00 AM
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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
JUAN E. NAVARRO, ET AL.,
Respondents
Case No. l5-CA-154
Parcel No.: l96RDUE
RESPONDENTS' THIRD OFFER OF JUDGMENT
Respondent, THOMAS MARSHKY, JR., by and through his undersigned counsel and
pursuant to Section 73.032, Florida Statutes, and the procedures set forth in Fla.R.Civ.P. 1.442,
hereby makes the following Offer of Judgment to Petitioner, COLLIER COI-INTY, FLORIDA, to
settle all pending claims with that party, excludine all attorney's fees, expert witness fees and costs
in the amount of FORTY-NINE THOUSAND FORTY AND 00/100 Dollars ($49,040.00) as to
Parcel l96RDUE.
16.K.13.a
Packet Pg. 1562 Attachment: Third Offer of Judgment - parcel 196 (2778 : 3rd Offer of Judgment - Juan E. Navaro - 15-CA-154 - project 60040 - parcel 196RDUE)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on l7 day of Janu ary 2017, I served via email and US mail
this document to the following recipients:
ROETZEL & ANDRESS, LPA
2320 First Street, Suite 1000
Fort Myers, FL 33901
Main Telephone: (239) 337-3850
Facsimile: (239) 337-0970
EMILY R. PEPIN, ESQUIRE
Florida Bar No.: 092956
Collier County Attorney's Office
Harmon Tumer Building
3299 East Tamiami Trail - Suite 800
Naples, Florida 34112
heidiashtoncicko@col I ierqov.net
em i lypepin@col lierqov.net
Ford Motor Credit Company, LLC
Dba Kia Financial Services
c/o CT Corporation System
1200 S. Pine Island Road
Plantation, FL33324
kj ones@ralaw. com (primary e-mail)
(secondary e-mail)
|22320t I 126687.002s
16.K.13.a
Packet Pg. 1563 Attachment: Third Offer of Judgment - parcel 196 (2778 : 3rd Offer of Judgment - Juan E. Navaro - 15-CA-154 - project 60040 - parcel 196RDUE)
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVI ACTION
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida.
Petitioner,
v.
JUAN E. NAVARRO, et al
Respondents
Case No.: 15-CA-154
PARCEL: 196RDUE
PETITIONER AND RESPONDENT'S, THOMAS MARSHKY, JR.,
JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCEL 196RDUE
COMES NOW, Petitioner COLLIER COUNTY, and Respondent, THOMAS
MARSHKY, JR., by and through the undersigned counsel, and respectfully moves this
Honorable Court for the entry of the proposed Stipulated Final Judgment, attached hereto as
Exhibit "1".
JENNIFER A. BELPEDIO, ESQ.
Florida Bar No. 186030
Collier County Attorney's Office
32998. Tamiami Trail. Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
i ennif-erbelpedio@colliereov.net
colleengreene@colliergov.net
sherimalcolm@colliersov.net
PARCEL 196RDUE
Thomas Marshky, Jr.,
c/o Kenneth Jones, Esq.
kjones@ralaw.com
KENNETH 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 RESPONDENT
kiones@ralaw.com
serve.kj ones@ralaw. com
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 on this
of Februarv.2017.
Stipulated
- day
BY:
SERVICE LIST
JENNIFER A. BELPEDIO, ESQ.
16.K.13.b
Packet Pg. 1564 Attachment: Proposed Stipulated Final Judgment - parcel 196 (2778 : 3rd Offer of Judgment - Juan E. Navaro - 15-CA-154 - project 60040 -
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.
ruAN E. NAVARRO. et al
Respondents
Case No.: 15-CA-154
PARCEL: l96RDUE
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COLTNTY, FLORIDA, by and through its counsel, md Respondent, THOMAS
MARSHKY, JR., by and through his counsel, for entry of a Stipulated Final Judgment as to
Parcel 196RDUE 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 said Respondent, and the Court being otherwise fully advised in the
premises thereof, it is thereupon
ORDERED AND ADruDGED that Respondent, THOMAS MARSHKY, JR., have and
recover from Petitioner, COLLIER COLTNTY, FLOzuDA, the total sum of Forty Nine
Thousand Forty Dollars and No/100 Dollars ($49,040.00) for Parcel I96RDUE, 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.13.b
Packet Pg. 1565 Attachment: Proposed Stipulated Final Judgment - parcel 196 (2778 : 3rd Offer of Judgment - Juan E. Navaro - 15-CA-154 - project 60040 -
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for
the good faith estimate of value previously deposited in the amount of Thirty Six Thousand
Two Hundred and No/100 Dollars ($36,200.00), as payment for acquisition of Parcel
196RDUE, at which time title to said parcel as described in Exhibit (64" vested in the name of
the Petitioner; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay Five Thousand
Six Hundred Eighty Nine and 201100 Dollars ($5,689.20) to Respondent 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 Thousand
Nine Hundred Fifteen and No/100 Dollars ($9,915.00) 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
Twenfy Eight Thousand Four Hundred Forty Four and 201100 Dollars ($281444.20) to
Kenneth A. Jones, Esq., Roetzel & Andress, LPA, 2320First Street, Suite 1000, Fort Myers, FL
33901, 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
l96RDUE 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
196RDUE, 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
16.K.13.b
Packet Pg. 1566 Attachment: Proposed Stipulated Final Judgment - parcel 196 (2778 : 3rd Offer of Judgment - Juan E. Navaro - 15-CA-154 - project 60040 -
ORDERED AND ADruDGED that the Notice of Zfs Pendens frled in the above-styled
cause and recorded in Official Record Book 5115, Page2133 of the Public Records of Collier
County, Florida be dismissed as to Parcel 196RDUE; it is furttrer
ORDERED that the Court reselves 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
of February,2017.
THE HONORABLE LAUREN L. BRODIE
Circuit Court Judge
Conformed Copies to:
Jennifer A. Belpedio, Esq., Counsel for Petitioner, ienniferbelpedio@colliereov.net
Kenneth A. Jones, Esq., Counsel for Respondent, kjones@ralaw.com; serve.kjones@ralaw.com
day
16.K.13.b
Packet Pg. 1567 Attachment: Proposed Stipulated Final Judgment - parcel 196 (2778 : 3rd Offer of Judgment - Juan E. Navaro - 15-CA-154 - project 60040 -
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GOLDEN GATE BOULEVARD (CR 676)
9r+00 L1
PROPOSED ROADWAY EASEJVIENI
PARCEL 190 RDUE
8.1,+9 SQ Ft.
TRACT 19
EAST LINE OF WEST
50' OF TRACT 20
TRACT 20
GOLDEN GATE ESTATES
UNIT 48
PI-AT BOOK 5 PAGE 78
WEST 180' OF
TRACT 20
MARSHKY JR
oR 2363/2849
EAST LINE
THE WEST 180'
OF TRACT ZO
MEDINA TR & JUANA TR
oR 4J0sl429
TRACT 21+
UJNv,
E
UJ
.!F
UI
TECM. ROW
FEB 0 | 20t0
SQ. FT. SOUARE FEEI
oR oFFtctAL RECORoS (BOOK/PAGE)
Kq pRoposED RoADwAy, DRATNAcE AND urlrry EASEMENT (RDuE)
r77l EX|STTNG ROADWAY EASEMENT DEDTCATED TO rHr pEnprrull
USE OF THE PUBLIC PER PLAI EOOi 5, PICE ZA
LEO\L DESCRIPTION FOR P'RCEL 196 ROUE
I-IgI]IgN OF TRACT 20, GOLDEN.GATE ESTATES, UNIT 48 AS RECORDED IN PLAT BOOK 5, PAGE 78 OF THE PUELICREcoRDs oF coLLlER couNTY, FLORIOA, LYING lr.i sEcrtoN 2, TowNSHtp 49 souTH, RANGE 27 EAST, coLLtERCOUNTY, FLORIDA, BEING MOR€ PARTICULARLY DESChIBED AS FOLLOWS.
COMMENCING AT THE NORTHEAST CORNER OF TMCT 20:THENCE s.89'30'481v.' ALONG THE NoRTH LINE oF sAtD TRAcr 20, FoR 149,99 FEET To A porNT oN THE EASr LINEOF THE WEST 1 80 FEEr OF SAID TRACT 20:
THENCE S'OO'29'18"E., ALON.G SAID_EAST.LINE, FOR 5O,OO FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 50FEFI OF THE SAID TRACT 20 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL:
THENCE CONTINUE S.OO'29'16''E., ALONG SAID EAST LINE, FOR 53OO FEET;THENCE S.89'30'48'V., FOR 129.98 FEEr;
THENCE S.44'30'4E''W., FOR 2E.29 FTTI TO A POINT ON THE EAST LINE OF THE WEST JO FEET OF SAID TRACT 2O;THENCE NOO'29'I5''W., ALONG SAID EAST LINE, FOR 73.00 FEET TO A POINT ON SAID SOUTH LINE;TH_ENCE N.89'30'48"E, ALONG SAID SOUTH,LINE, FOR 149.98 FEET TO THE POINI OF.BEGINNING HEREIN DESCRIBEDPARCEL.
CONTAINING 6,149 SQUARE FEET, MORE OR LESS.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY
FOR: COLLIER COUNI/ GOVERNMENT BOARO oF COUNTY COMMISS|ONERS
LINE TABLE
LINE BEARING LENGTH
L1 s8s'30'48"W 4C 00'
l2 soo'29'1 8"E 50 r)0
t1 soo'2q'1 a"F 53 nO'
L4 sRq'1n'4R"W 129.98
q4!.'1n'an'\1,)R ao'
LO N00'29'1 5"W 73 00
N89'30'48"E 149.9a'
NORTH LINE OF
TRACT 20
SCAII: t'-60'
GOu)EN GATE BOULEVARD
SXITCH & DESCRIPTION OF: pB0pOSED RoADnAy EASEMEM
PAACEL 198 RDUE
COIJ,IER COUNTY. FLORIDA
6810 Yillil Pf,k ody.. &Jlb 20
N.pb., Fldt,| 3{t0e
Pin!: (239) 6gt{tfr6 FD(; (239) cEfilt8
LB tlo.: E952
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Packet Pg. 1568 Attachment: Proposed Stipulated Final Judgment - parcel 196 (2778 : 3rd Offer of Judgment - Juan E. Navaro - 15-CA-154 - project 60040 -
196 RDUE
Aerial Photograph
Page25
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Packet Pg. 1569 Attachment: Aerial Photograph of Parcel 196RDUE (2778 : 3rd Offer of Judgment - Juan E. Navaro - 15-CA-154 - project 60040 - parcel