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Agenda 09/26/2017 Item #16K 209/26/2017 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment in the amount of $30,000 as final compensation for the taking of Parcel 310FEE 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. Joseph Bartoszek, et al., Case No. 16-CA-1200. (Fiscal Impact: $4,300) OBJECTIVE: To settle full compensation owed for the taking of Parcel 310FEE 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 authorized the condemnation of Parcel 310FEE 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 14, 2016, 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 $25,700 into the Court Registry. The Parcel taken consisted of the entire tract owned by Miguel and Julissa Perez which is to be used with neighboring tracts for a stormwater pond. An aerial photograph of the subject property is attached to this item for reference. A Court Ordered Status Conference, at which the case could be set for Trial, was set for June 5, 2017, then cancelled by the Court upon the parties’ request for an Agreed Order on Mediation. The Order required the parties to exchange appraisals by July 31, 2017 and complete mediation by August 31, 2017. Upon the County’s requests for the owners’ appraisal to prepare for the scheduled August 7, 2017 mediation, counsel for the property owners offered a settlement amount of $30,000, inclusive of all statutory attorney and expert fees and costs. The County Attorney’s Office, in consultation with Transportation staff, accepted the offer conditioned on Board approval, and cancelled the mediation thus allowing the County to avoid incurring the statutory required mediator fee, averaging $2,000. If this item is approved, the Board will be obligated to pay an additional $4,300 over the County’s previously deposited amount of $25,700 in the Court Registry. The County Attorney’s Office and Transportation staff recommend the Board approve this settlement as a better result is not anticipated at Trial, and would spare the County from incurring further litigation expenses. 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 $4,300 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 Executive Summary. 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 $30,000 for the taking of Parcel 310FEE, 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. Joseph Bartoszek, et al., Case No. 16-CA-1200. PREPARED BY: Emily R. Pepin, Assistant County Attorney 16.K.2 Packet Pg. 3109 09/26/2017 ATTACHMENT(S) 1. Proposed Stipulated Final Judgment - parcel 310 fee (PDF) 2. Aerial Photograph.perez parcel 310 fee (PDF) 16.K.2 Packet Pg. 3110 09/26/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.2 Doc ID: 3595 Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of $30,000 as final compensation for the taking of Parcel 310FEE 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. Joseph Bartoszek, et al., Case No. 16-CA-1200. (Fiscal Impact: $4,300) Meeting Date: 09/26/2017 Prepared by: Title: Legal Office Administrator – County Attorney's Office Name: Debbie Allen 08/08/2017 4:50 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 08/08/2017 4:50 PM Approved By: Review: Transportation Engineering Kevin Hendricks Additional Reviewer Completed 08/08/2017 4:58 PM Growth Management Department Lisa Taylor Additional Reviewer Completed 08/08/2017 7:12 PM Transportation Engineering Jay Ahmad Additional Reviewer Completed 08/09/2017 3:15 PM Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 08/14/2017 8:32 AM Growth Management Department James French Additional Reviewer Skipped 08/15/2017 9:44 AM Growth Management Department James French Department Head Review Completed 08/15/2017 9:44 AM County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 08/16/2017 9:40 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/17/2017 8:38 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/18/2017 8:55 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 08/21/2017 12:06 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/23/2017 3:58 PM Board of County Commissioners Michael Cox Meeting Completed 09/12/2017 9:00 AM 16.K.2 Packet Pg. 3111 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, V. Case No.: PARCEL; I6-CA-1200 3I0FEE Joseph Bartoszek; Cheryl Barloszek; Larry H. Ray, Collier County Tax Collector, Yoshani Mendez\ MIGUEL PEREZ; JULISSA J. PEREZ; Tick-Blew Peng; Hermelinda Peng: Bobbie Davenport, f/k/a Bobbie Gruninger; Kevin Mouchou; Mortgage Electronic Registration Systems, Inc.; Summit Mortgage Corporation; Wells Fargo Home Mortgage; and Florida Power & Light; [Respondents <& Parcels rejlected in italics indicate removalfrom action by Final Judgment, Dismissal, or Default] Respondents. / PETITIONER COLLIER COUNTY AND RESPONDENTS MIGUEL PEREZ AND JULISSA J. PEREZ'S JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCEL 3 lOFEE COMES NOW, Petitioner COLLIER COUNTY, together with Respondents MIGUEL PEREZ and JULISSA J. PEREZ, through undersigned counsel, and jointly move for entry of the proposed Stipulated Final Judgment as to Parcel 31OFEE, attached her^ as EAiblt "1". EMILY R. PEPIN, ESQ. Florida Bar No. 92956 Collier County Attorney's Office 3299 E. Tamiaini Trail, Suite 800 Naples, FL341I2 Telephone: (239)252-8400 COUNSEL FOR PETITIONER eiTiilvncpin@colliergov,net ienniferbelDedio@colliereov.net nancvbradlev@colliergov.net MllCHAEL R.^ITT, ESQ. Florida^ No. 0725020 (obins Kaplan LLP 711 Fifth Avenue South, Suite 201 Naples, FL 34102 Telephone: (239)430-7070 COUNSEL FOR RESPONDENTS MIGUEL & JULISSA PEREZ mwhitt@robinskaDlan,com awamback@rohinskaDlan.com [I6-CA-1200/1355309/I1 16.K.2.a Packet Pg. 3112 Attachment: Proposed Stipulated Final Judgment - parcel 310 fee (3595 : Stipulated Final Judgment - Parcel 310FEE - $30,000 - project 60145) [16-CA-1200/1355309/1] 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 by U.S. mail to parties as indicated on the Service List below on this _____ day of August, 2017. BY: _______________________________ EMILY R. PEPIN, ESQ. SERVICE LIST COLLIER COUNTY V. JOSEPH BARTOSZEK, ET AL. Case No. 16-CA-1200 PARCEL 310FEE MIGUEL PEREZ c/o Michael R. Whitt, Esq. Robins Kaplan, LLP mwhitt@robinskaplan.com Larry H. Ray, Collier County Tax Collector c/o Carlos Kelly, Esq. [Dropped-see docket #65] JULISSA J. PEREZ c/o Michael R. Whitt, Esq. Robins Kaplan, LLP mwhitt@robinskaplan.com 16-CA-1200/715 16.K.2.a Packet Pg. 3113 Attachment: Proposed Stipulated Final Judgment - parcel 310 fee (3595 : Stipulated Final Judgment - Parcel 310FEE - $30,000 - project 60145) [16-CA-1200/1355309/1] 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-1200 v. PARCEL: 310FEE Joseph Bartoszek; Cheryl Bartoszek; Larry H. Ray, Collier County Tax Collector; Yosbani Mendez; MIGUEL PEREZ; JULISSA J. PEREZ; Tick-Piew Peng; Hermelinda Peng; Bobbie Davenport, f/k/a Bobbie Gruninger; Kevin Mouchou; Mortgage Electronic Registration Systems, Inc.; Summit Mortgage Corporation; Wells Fargo Home Mortgage; and Florida Power & Light; [Respondents & Parcels reflected in italics indicate removal from action by Final Judgment, Dismissal, or Default] Respondents. ____________________________________________/ STIPULATED FINAL JUDGMENT AS TO PARCEL 310FEE THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner COLLIER COUNTY, and Respondents MIGUEL PEREZ, and JULISSA J. PEREZ, by and through counsel, for entry of a Stipulated Final Judgment as to Parcel 310FEE 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 Respondents 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.2.a Packet Pg. 3114 Attachment: Proposed Stipulated Final Judgment - parcel 310 fee (3595 : Stipulated Final Judgment - Parcel 310FEE - $30,000 - project 60145) ORDERED AND ADJUDGED that Respondents MIGUEL PEREZ, and JULISSA J. PEREZ, have and recover from Petitioner COLLIER COUNTY, the total sum of Thirfy Thousand and No/100 Dollars ($30,000.00) for Parcel 310FEE, as full and final compensation 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, improvements, cost to cure, statutory interest, and all attomey and expert fees and costs, in connection with said parcel, subject to apportionment, if any; it is further ORDERED that Petitioner COLLIER COUNTY is entitled to a credit for the good faith estimate of value previously deposited in the amount of Twenty Five Thousand Seven Hundred and No/100 Dollars ($25,700.00), as payment for acquisition of Parcel 31OFEE, at which time title to said parcel as described in Exhibit 66,{" vested in the name of the Petitioner; it is funher ORDERED that within thirty (30) days hereof, Petitioner shall pay the total sum of Four Thousand Three Hundred and No/100 Dollars ($4,300.00) to Robins Kaplan LLP, c/o Michael R. Whitt, Esq., 800 LaSalle Avenue, Suite 2800, Minneapolis, MN 55402;it is further ORDERED that this Order disposes of all claims arising out of the taking of Parcel 310FEE and that have or could have been asserted in this cause; it is further ORDERED that the fee simple interest to Parcel 3l0FEE, being fully described in Exhibit "A'o attached hereto and incorporated herein, which vested in Petitioner pursuant to the Stipulated Order of Taking dated November 14, 2076, 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 5293, Page 2431 of the Public Records of Collier County, Florida be dismissed as to Parcel 3lOFEE; it is further Exhibit "l" to Joint Motion for Stipulated Final Judgment 16.K.2.a Packet Pg. 3115 Attachment: Proposed Stipulated Final Judgment - parcel 310 fee (3595 : Stipulated Final Judgment - Parcel 310FEE - $30,000 - project 60145) [16-CA-1200/1355309/1] 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 September, 2017. HONORABLE LAUREN L. BRODIE Circuit Court Judge Conformed copies to: Emily R. Pepin, Esq., Counsel for PETITIONER, emilypepin@colliergov.net Michael R. Whitt, Esq., Counsel for RESPONDENTS MIGUEL PEREZ, and JULISSA J. PEREZ, mwhitt@robinskaplan.com Clerk’s Office, Accounting 16-CA-1200/#715 Exhibit “1” to Joint Motion for Stipulated Final Judgment 16.K.2.a Packet Pg. 3116 Attachment: Proposed Stipulated Final Judgment - parcel 310 fee (3595 : Stipulated Final Judgment - Parcel 310FEE - $30,000 - project 60145) Exhibit "1" to Joint Motion for Stipulated Final Judgment 16.K.2.a Packet Pg. 3117 Attachment: Proposed Stipulated Final Judgment - parcel 310 fee (3595 : Stipulated Final Judgment - Parcel 310FEE - $30,000 - project 60145) AERIAL PHOTO SHOWING GOLDEN GATE BOULEVARD PARCEL 310FEE MILLER CANAL SUBJECT PROPERTY - 16.K.2.b Packet Pg. 3118 Attachment: Aerial Photograph.perez parcel 310 fee (3595 : Stipulated Final Judgment - Parcel 310FEE - $30,000 - project 60145)