Agenda 03/28/2017 Item #16K 203/28/2017
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $7,000 for the
taking of Parcel 347RDUE required for the Golden Gate Blvd. Project No. 60145 (from 20th St. E.
To east of Everglades Blvd.), in the pending case styled Collier County v. William J. Zavasky, Jr., et
al., Case No. 16-CA-1272. (Fiscal Impact: $1,070)
OBJECTIVE: To settle full compensation owed for the taking of Parcel 347RDUE required for the
Golden Gate Boulevard Project No. 60145 (from 20th St. E. To east of Everglades Blvd.).
CONSIDERATIONS: On April 26, 2016, the Board of County Commissioners (Board) authorized the
condemnation of Parcel 347RDUE in order to construct roadway, drainage and utility improvements
required for the four-laning of Golden Gate Blvd. From 20th St. E. To east of Everglades Blvd. 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 $6,100 into the Court Registry.
The Road Right-of-way, Drainage and Utility Easement, approximately 2,700 square feet in size, was
taken from property owned by Gustavo & Maira Medina. An aerial photograph of the subject property is
attached to this item for reference.
Through negotiations with the owners, the County Attorney’s Office and Transportation staff reached a
settlement of $7,000. If this item is approved, the Board will be obligated to pay an additional $900 over
the previously deposited amount in the Court Registry of $6,100, as well as a $170 Clerk’s deposit fee.
The County Attorney’s Office and Transportation staff recommend that the Board approve this settlement
since a better result is not anticipated at trial. Upon approval, the County Attorney’s Office will file the
attached Joint Motion for Stipulated Final Judgment with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $1,070 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. - ERP
RECOMMENDATION: To approve a Stipulated Final Judgment in the total amount of $7,000 for the
taking of Parcel 347RDUE, required for the Golden Gate Boulevard Project No. 60145 (from 20th St. E.
To east of Everglades Blvd.), in the pending case styled Collier County v. William J. Zavasky, Jr., et al.,
Case No. 16-CA-1272.
Prepared by: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Proposed Stipulated Final Judgment parcel 347 (PDF)
2. Aerial Photograph of Parcel 347RDUE (PDF)
03/28/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2
Doc ID: 2914
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of
$7,000 for the taking of Parcel 347RDUE required for the Golden Gate Blvd. Project No. 60145 (from
20th St. E. to east of Everglades Blvd.), in the pending case styled Collier County v. William J. Zavasky,
Jr., et al., Case No. 16-CA-1272. (Fiscal Impact: $1,070)
Meeting Date: 03/28/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
03/17/2017 9:36 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/17/2017 9:36 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 03/17/2017 11:38 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 03/17/2017 1:26 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 03/17/2017 2:36 PM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 03/20/2017 8:57 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 03/20/2017 9:47 AM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 03/20/2017 12:56 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/20/2017 1:06 PM
County Attorney's Office Scott Teach Level 3 County Attorney's Office Review Completed 03/20/2017 2:11 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 03/20/2017 3:00 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/20/2017 4:59 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/28/2017 9:00 AM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUITIN AND FOR COLLIER COUNTY, FLORIDA
CII'IL ACTION
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, a political subdivision of
the State of FIorida,
Petitioner,
WILLIAM J. ZAVASKY, JR; Kenneth L. Mouton;
Jeannette W. Mouton; Ilolverine professional
Cleaning Service. .Izc. ; SLINCOAST SCHOOLS
FEDERAL CREDIT UNION; Corlos Bloncor
Mortgage Electronic Registrotion Systems, Inc.,. as
as nominee for Bank o/America, N.A.;
Tamara Herrera; GUSTAVO MEDINA; and
MAIRA MEDINA;
Respondents.
[Respondents & Parcels reflected in italics resolvecl
through Dismissal or Finat JuttgmenrJ
Collier County Attomey's Office
3299 East Tamiami Trail, Suite 800
Naples, FL 341l2
Telephone: (239) 252-8400
Facsimile: (239) 77 4-0225
CO-COLINSEL FOR PETITIONER
iennif'erbelpedio(g)co ll ierqov.net
col leenqreene@colliereov.net
nanc),brad le)z@col I iergov.net
Case No.: l6-CA-1272
PARCEL: 347RDUE
PETITIONER COLLIF],R COUNTY AND Bre SE RII,SPONDENTS GUSTAVOMEDINA AND MAIRA MEDINA'S JOINTMTEN I'OR STIPULATED FINALJUDGMENT AS TO PARCEL 347RDUE
COMES NOW, petitioner, COLLIER COUNT', FLORIDA, through undersigned
counsel, together with pro !9 Respondents, GUSTAVO MEDINA and MAIRA MEDINA. and
hereby respectfully move for entry of the proposed Stipulated Final Judgment as to parcel
347RDUE attached hereto as Exhibit.,l".
4bL-e:^
GUSTAVO MEDINA
- Pro Se Respondent
281I Golden Gate Blvd. E.
Naples, FL 34120-3740
Florida Bar No. 186030
MEDINA
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, and via U.S. mail, postage
prepaid as indicated on the Service List below on this _ day of February, 2017.
SERVICE LIST
PARCEL 347RDUE
Case No. l6-CA-1272
CUSTAVOMEDINA M281I Golden Gate Blvd. E. I ztt t Gotden Gate Blvd. E.Naples, FL 34120-3740 j Naples, FL34l20-3740
SLTNCOAST SCHOOLS FEDERAL CREDIT
I"JNION
c/o Mark A. Linsky, Esq.
malinsky@ste.net
IN THE CIRCUIT COURT OF THE
TWENTIf, TH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, a political subdivision of
the State of Florida,
Petitioner,
WILLIAM J. ZAVASKY, JR; Kenneth L. Mouton:
Jeonnette W'. Motuon: W'olverme Professronal
Cleanng Serwce. 1nc ; SUNCOAST SCHOOLS
FEDERAL CREDIT I-.tN ION; Carlos Blanco;
Mortgage Electr.onc Regrstratnn Svstems, Inc , as
as nomtnee for Bank of America, N A :
Tamara Herrera; GUSTAVO MEDINA; and
MAIRA MEDINA;
Respondents.
IRespondents & Parcels reflected m italrcs resolted
through Drsnussal or Futal .Iudgnentl
Case No.: 16-CA-1272
PARCEL: 347RDUE
THIS CAUSE having come before the courr upon the Joint Motion made by petitioner,
COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and ftg g9
Respondents GUSTAVO MEDINA, and MAIRA MEDINA, for entry of a Stipulated Final
Judgment as to Parcel 347RDUE lor project No. 61045, and it appearing to the court that the
parties are authonzed to make such Motion, the court finding that the compensation to be
paid by Petitioner is the t-ull compensation due the Respondents GUSTAVO MEDINA, and
Exhitrit "1" to Joint Motion for Stipulated Final Judgment
MAIRA MEDINA, and the court being otherwise fully advised in the premises thereof, it is
thereupon
.RDERED AND ADJUDGED that pro Se Respondents cusrAvo MEDINA. and
MAIRA MEDINA, have and recover from petitioner, COLLIER couNTy, FLoRIDA. the total
sum of Seven Thousand and No/r00 Dollars ($7,000.00) for parcel 347RDUE. as full payment
fbr the property interest taken and for damages resulting to the remainder, if less than the entire
property was taken, and for all other damages, statutory interest, attorney.s fees, ancl expert fees
and costs in connection with said parcel; it is further
ORDERED thar petitioner, COLLIER couNTy, FLORIDA, is entitled to a credit for
the good faith estimate of value previousry deposited in the amount of six Thousand one
Hundred and No/100 Dotars ($6,100.00). as payment for acquisition of parcel 347RDUE, at
which time title to said parcel as described in Exhibit "A", attached hereto and incorporated
herein, vested in the name ofthe petitioner: it is further
.RDERED that within thirty (30) days hereof, petitioner shall deposit the total sum of
Nine Hundred and No/r00 Dolars ($900.00), into the court Registry, which funds are subiect
to apportionment by further order of the Court: it is further
'RDERED that this court reserves jurisdiction for apportionment for the funds on
deposit in the Court Registryl it is further
'RDERED rhat this order disposes of at claims arising out of the taking of parcel
347RDUE and that have or could have been asserted in this cause; it is further
Exhibit (1" to Joint Motion for Stipulated Final Judgment
ORDERED that the roadway drainage and utility easement interest to parcel 347RDUE.
being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in
Petitioner pursuant to the order of raking dated November l g. 20r 6, and the deposit ofmoney
heretofore made, is approved, ratified, and confirmed: it js further
'RDERED AND ADJUDGED that the Notice of Lis pendens filed in the above-styled
cause and recorded in officiar Record Book 5296, page 3265 of the public Records of collier
County, Florida be dismissed as to parcel 347RDUE; it is furthcr
ORDERED thar the Court reserves jurisdiction to entbrce the terms of this Stipulated
Final Judgment; it rs 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, 201 7.
THE HONORABLE HUGH D. HAYES
Circuit Court Judse
Conformed Copies to:
Jennifer A Belpedio' Esq . co--Counsel for pETITIoNER, iennif'erbelpedio@cotiergov.netPro Se Respondenrs cusrAvo MEDINA
"JH,aine nlffiINA,28l l Golden Gate Blvd. FNaples, FL 34120-3740 uars ri'rvu. L.,
Kevin Hendricks. Transportation Row Acquisition Manager. kevinhendricks@co,iergov.netClerk's Offi ce, Accountlns
l6-c A.- | 272/#462
Exhibit "1" to Joint Motion for Stipulated Final Judgment
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AERIAL PHOTO OF PARCEL 347RDUE
EXISTING RIGHT-OF-WAY
PROPOSED RIGHT-OF-WAY
-