Agenda 03/14/2017 Item #16K403/14/2017
EXECUTIVE SUMMARY
Recommendation to approve a proposed Stipulated Final Judgment for the taking of Parcel
231RDUE in the pending case styled Collier County v. Estilita Rodriguez, et al, Case No. 15-CA-333,
required for the Golden Gate Blvd. Project No. 60040 (12th Street East to West of 16th Street East).
(Fiscal Impact: $26,420.75)
OBJECTIVE: To approve a proposed Stipulated Final Judgment for the taking of Parcel 231RDUE
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 231RDUE
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 a
Stipulated Order of Taking for the required property and the County subsequently deposited a good faith
estimate of value in the amount of $10,910 into the Court Registry. The right-of-way roadway, drainage
and utility easement, approximately 1,500 square feet in size, was taken from property owned by Nelson
A. Munoz. An aerial photograph of the subject property is attached to this item for reference.
The property owner made a claim for full compensation in the amount of $58,500. Through negotiations,
the parties agreed to compensation in the amount of $27,500, plus statutory attorney’s fees and expert
fees. The County Attorney’s Office and Transportation staff recommends the Board 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 $26,420.75 over the amount already
deposited, which includes the $170 fee to deposit into the court registry. This amount includes all
damages; statutory attorneys’ fees and costs ($6,360.75); and expert fees and costs ($3,300). Upon
approval, the County Attorney’s Office will file the Joint Motion with the Circuit Court.
We are under court order to mediate this case by April 30, 2017. If this item is approved, the mediation
will not be necessary, eliminating both mediation and litigation costs to the County.
FISCAL IMPACT: Funds in the amount of $26,420.75 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 approve a proposed Stipulated Final Judgment in the pending case styled
Collier County v. Estilita Rodriguez, et al, Case No. 15-CA-333, for the taking of Parcel 231RDUE
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. Aerial Photo Showing Parcel 231RDUE (PDF)
16.K.4
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03/14/2017
2. Proposed Stipulated Final Judgment (PDF)
16.K.4
Packet Pg. 1159
03/14/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doc ID: 2862
Item Summary: Recommendation to approve a proposed Stipulated Final Judgment for the taking
of Parcel 231RDUE in the pending case styled Collier County v. Estilita Rodriguez, et al, Case No. 15 -
CA-333, required for the Golden Gate Blvd. Project No. 60040 (12th Street East to West of 16th Street
East). (Fiscal Impact: $26,420.75)
Meeting Date: 03/14/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
03/08/2017 9:12 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/08/2017 9:12 AM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 03/08/2017 9:49 AM
Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 03/08/2017 11:33 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 03/08/2017 11:55 AM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 03/08/2017 2:31 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 03/08/2017 12:42 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/08/2017 1:24 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/08/2017 1:26 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 03/08/2017 1:30 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/08/2017 3:24 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/08/2017 4:08 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/14/2017 9:00 AM
16.K.4
Packet Pg. 1160
AERIAL PHOTO OF PARCEL 231RDUE (MUNOZ)
EXISTING RIGHT-OF-WAY
PARCEL 231RDUE
16.K.4.a
Packet Pg. 1161 Attachment: Aerial Photo Showing Parcel 231RDUE (2862 : Stipulated Final Judgment - Parcel 231RDUE - 15-CA-333 - project 60040 -
[15-CA-333/1325426/1]
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.: 15-CA-333
PARCEL: 231RDUE
ESTILITA RODRIGUEZ, et al
Respondents
___________________________________________/
PETITIONER AND RESPONDENT’S, NELSON A. MUNOZ,
JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCEL 231RDUE
COMES NOW, Petitioner COLLIER COUNTY, and Respondent, NELSON A. MUNOZ
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. ANDREW G. DIAZ, ESQ
Florida Bar No. 186030 Florida Bar No. 974196
Collier County Attorney’s Office Gaylord Merlin Ludovici & Diaz
3299 E. Tamiami Trail, Suite 800 5001 West Cypress St
Naples, FL 34112 Tampa, FL 33607
Telephone: (239) 252-8400 Telephone: (813) 221-9000
COUNSEL FOR PETITIONER COUNSEL FOR RESPONDENT
jenniferbelpedio@colliergov.net adiaz@gaylordmerlin.com
colleengreene@colliergov.net ckearney@gaylordmerlin.com
sherimalcolm@colliergov.net
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, and notice sent
to those on the attached service list, on this _____ day of March, 2017.
BY: ______________________________
JENNIFER A. BELPEDIO, ESQ
16.K.4.b
Packet Pg. 1162 Attachment: Proposed Stipulated Final Judgment (2862 : Stipulated Final Judgment - Parcel 231RDUE - 15-CA-333 - project 60040 - $26,420.75)
[15-CA-333/1325426/1]
Collier County vs. Estilita Rodriguez, et al.
Collier County Case No: 15-CA-333
Parcel 231RDUE
Service List
Nelson A. Munoz
c/o Andrew G. Diaz, Esq.
Gaylord Merlin Ludovici & Diaz
adiaz@gaylordmerlin.com
ckearney@gaylordmerlin.com
U S Bank National Association as Trustee
for JPMorgan Mortgage Acquisition Corp.
2006-FRE1, Asset Backed Pass-Through
Certificates Series 2006-FRE1
c/o Robert S. Kahane, Esquire and
Michael Goldstein, Esquire
notice@kahaneandassociates.com
Mortgage Electronic Registration Systems, Inc.
c/o CT Corporation Systems
1200 S. Pine Island Road
Plantation, FL 33324
16.K.4.b
Packet Pg. 1163 Attachment: Proposed Stipulated Final Judgment (2862 : Stipulated Final Judgment - Parcel 231RDUE - 15-CA-333 - project 60040 - $26,420.75)
[15-CA-333/1325426/1]
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.: 15-CA-333
PARCEL: 231RDUE
ESTILITA RODRIGUEZ, 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 Respondent, NELSON A.
MUNOZ, by and through his counsel, for entry of a Stipulated Final Judgment as to Parcel
231RDUE 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 ADJUDGED that Respondent, NELSON A. MUNOZ, have and
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Twenty Seven
Thousand Five Hundred Dollars and No/100 Dollars ($27,500.00) for Parcel 231RDUE, 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.4.b
Packet Pg. 1164 Attachment: Proposed Stipulated Final Judgment (2862 : Stipulated Final Judgment - Parcel 231RDUE - 15-CA-333 - project 60040 - $26,420.75)
[15-CA-333/1325426/1]
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for
the good faith estimate of value previously deposited in the amount of Ten Thousand Nine
Hundred Ten and No/100 Dollars ($10,910.00), as payment for acquisition of Parcel
231RDUE, 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 Six Thousand
Three Hundred Sixty and 75/100 Dollars ($6,360.75) 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 Three Thousand
Three Hundred and No/100 Dollars ($3,300.00) 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 deposit into the Court
Registry the total sum of Twenty Six Thousand Two Hundred Fifty and 75/100 Dollars
($26,250.75) in additional funds over the amount previously deposited into the Court Registry; it
is further
ORDERED that the Clerk shall immediately disburse from the Court Registry the amount of
Twenty Six Thousand Two Hundred Fifty and 75/100 Dollars ($26,250.75), to the Trust
Account of Gaylord Merlin Ludovici & Diaz, Attn: Andrew G. Diaz, Esquire, Gaylord Merlin
Ludovici & Diaz, 5001 West Cypress Street, Tampa, Florida 33607 as attorney for Respondent,
NELSON A. MUNOZ; it is further
ORDERED that upon receipt of said funds it shall be the responsibility of Gaylord Merlin
Ludovici & Diaz to place said funds in an interest-bearing escrow account for the benefit of any party
claiming an interest in these monies, and said funds shall be disbursed only upon written agreement
16.K.4.b
Packet Pg. 1165 Attachment: Proposed Stipulated Final Judgment (2862 : Stipulated Final Judgment - Parcel 231RDUE - 15-CA-333 - project 60040 - $26,420.75)
[15-CA-333/1325426/1]
of all parties having an interest in Parcel 231RDUE, or until further Order of this Court,
whichever occurs first; it is further
ORDERED that this Order disposes of all claims arising out of the taking of Parcel
231RDUE 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
231RDUE, 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
ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled
cause and recorded in Official Record Book 5123, Page 1436 of the Public Records of Collier
County, Florida be dismissed as to Parcel 231RDUE; 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; it is further
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this ____ day
of ___________________, 2017.
_____________________________________
THE HONORABLE LAUREN L. BRODIE
Circuit Court Judge
16.K.4.b
Packet Pg. 1166 Attachment: Proposed Stipulated Final Judgment (2862 : Stipulated Final Judgment - Parcel 231RDUE - 15-CA-333 - project 60040 - $26,420.75)
[15-CA-333/1325426/1]
Conformed Copies to:
Jennifer A. Belpedio, Esq., Counsel for Petitioner, jenniferbelpedio@colliergov.net;
sherimalcolm@colliergov.net
Andrew Diaz, Esq., Counsel for Respondents, adiaz@gaylordmerlin.com ;
ckearney@gaylordmerlin.com
U S Bank National Association, c/o notice@kahaneandassociates.com
Mortgage Electronic Registration Systems, Inc.
c/o CT Corporation Systems, 1200 S. Pine Island Road, Plantation, FL 33324
16.K.4.b
Packet Pg. 1167 Attachment: Proposed Stipulated Final Judgment (2862 : Stipulated Final Judgment - Parcel 231RDUE - 15-CA-333 - project 60040 - $26,420.75)