Agenda 01/23/2018 Item #16K801/23/2018
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $10,000 as full
compensation for the taking of Parcel 357RDUE in the case styled Collier County v. Bonnie L.
Falcon, et al., Case No. 16-CA-1317, required for improvements to Golden Gate Boulevard (Project
No. 60145). (Fiscal Impact: $5,200)
OBJECTIVE: To settle full compensation for the taking of Parcel 357RDUE required for the road
widening of Golden Gate Boulevard from 20th Street East to east of Everglades Boulevard, Project No.
60145 (“Project”).
CONSIDERATIONS: On April 26, 2016, the Board approved Condemnation Resolution No. 2016-89,
authorizing the taking of Parcel 357RDUE in order to construct the Project. On November 22, 2016, the
Court entered an Order of Taking for Parcel 357RDUE, vesting title of the parcel with the County, and
directing the County to deposit its good faith estimate of value of $4,800 into the Court Registry. Parcel
357RDUE is a road right-of-way, drainage, and utility easement containing 2,700 square feet of land over
a portion of improved property owned by Xavier Enrique Rodriguez. An aerial photograph is attached.
Through negotiations with Transportation staff and the County Attorney’s Office (“CAO”), the parties
agreed to settle full compensation of the property taken in the amount of $10,000, a portion of which is to
compensate for lawn irrigation lines within the part taken. Attached is a Joint Motion for Stipulated Final
Judgment memorializing the terms of the settlement.
The CAO and Staff recommend approval of this settlement since a better result is not expected at trial.
The Court removed this case from the January 16, 2018 Trial Docket upon the parties’ request due to
settlement negotiations. If approved, the County will be required to pay $5,200 over the amount on
deposit. Upon approval, the CAO will file the attached Joint Motion with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $5,200 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: None.
LEGAL CONSIDERATIONS: This item has been prepared by the County Attorney’s Office, is
approved as to form and legality, and requires a majority vote for Board approval. - ERP
RECOMMENDATION: Recommendation to approve a Stipulated Final Judgment in the amount of
$10,000 as full compensation for the taking of Parcel 357RDUE in the case styled Collier County v.
Bonnie L. Falcon, et al., Case No. 16-CA-1317, required for improvements to Golden Gate Boulevard.
Prepared by: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Aerial Photograph.Parcel 357RDUE.rodriguez (PDF)
2. Proposed Stipulated Final Judgment.rodriguez parcel (PDF)
16.K.8
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01/23/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.8
Doc ID: 4569
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$10,000 as full compensation for the taking of Parcel 357RDUE in the case styled Collier County v.
Bonnie L. Falcon, et al., Case No. 16-CA-1317, required for improvements to Golden Gate Boulevard
(Project No. 60145). (Fiscal Impact: $5,200)
Meeting Date: 01/23/2018
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
01/16/2018 9:36 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
01/16/2018 9:36 AM
Approved By:
Review:
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 01/16/2018 9:41 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 01/16/2018 10:09 AM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 01/16/2018 10:47 AM
Growth Management Department Gene Shue Additional Reviewer Completed 01/16/2018 10:57 AM
Growth Management Operations Support Allison Kearns Additional Reviewer Completed 01/16/2018 11:11 AM
Transportation Engineering Anthony Khawaja Additional Reviewer Completed 01/16/2018 12:17 PM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 01/16/2018 2:04 PM
Growth Management Department Jeanne Marcella Department Head Review Completed 01/16/2018 2:13 PM
Growth Management Department James French Deputy Department Head Review Completed 01/16/2018 2:35 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/16/2018 2:42 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/16/2018 3:00 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 01/16/2018 5:37 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/17/2018 8:34 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/23/2018 9:00 AM
16.K.8
Packet Pg. 717
AERIAL – PARCEL 357RDUE
GOLDEN GATE BLVD. PROJECT NO. 60145
EXISTING RIGHT-OF-WAY PER PLAT /
PARCEL 357RDUE
16.K.8.a
Packet Pg. 718 Attachment: Aerial Photograph.Parcel 357RDUE.rodriguez (4569 : Approval of Stipulated Final Judgment for Parcel 357RDUE in CC v. Falcon,
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTTON
COLLIER COLINry BOARD OF COUNTY
COMMISSIONERS, a political subdivision of
the State of Florida,
Petitioner,
Case No.: I6-CA-1317
PARCEL: 357RDUE
Bonnie L. Falcon: DAHLI-A GUSTARD;
UNKNOWN TENANTS, if any; BANK OF
AMERICA. N.A.: MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., as nominee
for Bank of Americ4 N.A.; XAVIER ENRIQUE
RODRIGUEZ; All Surface Cleaning; The Bank ol New
York Mellon, f/Aa The Bank of New York, as Trustee for
the Certificate Holders CWALT, Inc., Alternative Loan
Tru s t ee 2 00 5 -7 5 C B Mortgage Pas s t hrough C er tifi ca tes,
Series 2005-75C8; PNC Bank, N.A., os successor by merger
to National City Bank, Asset Acceptance, LLC; Seretta Leigh
Cottage; Robert Cottage: Caliber Home Loans, Inc; and
Julian Castro, Secretary, U.S. Department of Housing and
Urban Development;
Respondents.
PETITIONER COLLIER COTJNTY AND RESPONDENT XAVIER ENRIQUE
RODRIGUEZ'S JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO
PARCEL 357RDUE
COMES NOW, Petitioner, COLLIER COUNry, by and through undersigrred counsel,
and Pro Se Respondent XAVIER ENRIQUE RODRIGUEZ, and jointly move this Honorable
Court for the entry of a proposed Stipulated Final Judgment Order as to Parcel 357RDUE,
attached hereto as Erhibit'l'.
Respectfu lly submitted,
EMILY R. PEPIN, ESQ.
Florida Bar No. 92956
Collier County Anomey's Office
3299 E. Tamiami Trail, Suite 8fi)
Naples, FL34ll2
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Pro Se RESPONDENT
291I Golden Gate Blvd. E.
Naples, FL 34120
tl&CA-ll l7l llt78,l6ll I
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Packet Pg. 719 Attachment: Proposed Stipulated Final Judgment.rodriguez parcel (4569 : Approval of Stipulated Final Judgment for Parcel 357RDUE in CC v.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated
Final Judgment was electronically filed with th€ Florida Courts E-Filing Portal which will send a
notice of electronic filing to parties appearing via elechonically, or by U.S. Mail, postage
day ofJanuary, 2018.
BY:
SER.VICE LIST
EMILY R. PEPIN, ESQ.
COLLIER COUNTY v. BONNIE L. FALCON. ET AL.
Case No. l6CA-1317
PARCEL 357RDUE
l6-cA-13t7/1531
XAVIER EN RIQUE RODRIGUEZ
29 I I Golden Gate Blvd. E.
Naples, FL 34120
All Surface Cleaning fDropped- I /9/20 I 8J
The Bank of New York Mellon, fMa The Bank
of New York, as Trusteefor the Certifcate
Holder:; CWALT, Inc., Alternative Loan
Trustee 2 00 5 -7 5 C B Mortgage
Pass-Through Certirtcarcs, Senes 2005-75C8
C lerk's Default- Docket # I 09
PNC Bank, N.A., successor by merger to
National City Bank
I C ler k's Defau I t- Docket # I 07J
Asset Acceptonce, LLC
[Clerk's Defauh- Docket # I 08J
u 6-cA- r3 t 7i r38?846/t I
16.K.8.b
Packet Pg. 720 Attachment: Proposed Stipulated Final Judgment.rodriguez parcel (4569 : Approval of Stipulated Final Judgment for Parcel 357RDUE in CC v.
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
COLLIER COIJNTY BOARD OF COUNTY
COMMISSIONERS, a political suMivision of
the State of Florida,
Petitioner.
CaseNo.: l6-CA-1317
v. PARCEL: 357RDUE
Bonnie L. Falcon; DAHLIA GUSTARD;
UNKNOWN TENANTS, if any; BANKOF
AMERICA, N.A.; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.. as nominee
for Bank of America, N.A.; XAVIER ENRIQUE
RODRIGUEZ; All Surface Cleaning; The Bank of New
York Mellon, f/Ha The Bank of New York, as Tntsteelor
the Certifcate Holders CWALT, Inc., Alternative Loan
Trustee 2 005 -7 5 CB Mortgage Possthrough Certificates,
Series 2005-75C8; PNC Bank, N.A., (N successor by merger
to National City Bank; Asset Acceptance, LLC; Seretta Leigh
Cottage; Robert Couage; Caliber Home Loans, Inc; and
Julian Castro, Secretary, U.S. Department of Housing and
Urban Development:
Respondents.
/
STIPULATED FINAL JUDGMENT AS TO PARCEL 357RDUE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, by and through counsel, and fu ft Respondent, XAVIER ENRIQUE
RODRIGUEZ, for entry of a Stipulated Final Judgment as lo Parcel 357RDUE 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
Respondenl XAVIER ENRIQUE RODRIGUEZ, and the Court being otherwise fully advised in
the premises thereol it is thereupon
Erhibit'1" to Joint Motion for Stipulated Finel Judgment
I l6{n-13 l7lt387846/ll
16.K.8.b
Packet Pg. 721 Attachment: Proposed Stipulated Final Judgment.rodriguez parcel (4569 : Approval of Stipulated Final Judgment for Parcel 357RDUE in CC v.
ORDERED AND ADJUDGED that Respondent, XAVIER ENRIQUE RODRIGUEZ.
have and recover from Petitioner, COLLIER COUNTY, the total sum of Ten Thousand and
No/I00 Dollars ($10,000.00) for Parccl 357RDUE, as full compensation for thc propcrty interest
taken, including all attomey and expert fees and costs, and for damages resulting to the
remainder, and for all other damages in connection with said parcel; it is further
ORDERED that Petitioner, COLLIER COUNTY, is entitled to a credit for the good faith
cstimatc of valuc previously deposited tobling Four Thousand Elght Hundred end No/lfi)
Dollars ($4,800.00), as payment for acquisition of Parcel 357RDUE, at which time title to said
parcel as described in Exhibit "A" vested in the name of the Petitioner; it is furthcr
ORDERED, that within thirty (30) days of entry of this Stipulated Final Judgment, the
Clerk shall disburse from the Court Registry the amount of Four Thousand Eight Hundred and
No/Ifi) Dollrrs ($4,800.00), to Respondent, XAVIER ENRIQUE RODRIGUEZ, 291I Golden
Gate Blvd. tj., Naples, FL34120: it is further
ORDERED that within thirty (30) days hereol, Petitioner shall pay the total sum of Five
Thousand Two Hundred rnd No/lfi) Dollars ($5,200.00), to Respondent, XAVIER ENRIQUE
RODRIGUEZ,29ll Goldcn Gate Blvd. 8., Naples, FL 34120, in additional funds ovcr thc
amount previously deposited into the Court Registry; it is further;
ORDERED that this Stipulated Final Judgment disposes of all claims arising out of the
taking of Parcel 357RDUE that have or could have been asserted in this causc, including all
attomey and expert fees and costs; it is further
[ | 6-C-A- | 3 l 7/ | ]871t46/ r I
Exhibit *1" to Joint Motion for Stipulated Final Judgment
16.K.8.b
Packet Pg. 722 Attachment: Proposed Stipulated Final Judgment.rodriguez parcel (4569 : Approval of Stipulated Final Judgment for Parcel 357RDUE in CC v.
ORDERED that the right-of-way roadway drainage and utility easement interest to Parcel
357RDUE, being fully described in Exhibit "A" attached hereto and incorporated herein, which
vested in Petitioner pursuant to the Order of Taking datcd November 22.,2016, and the deposit of
money herelofore made, is approved, ratified, and confirmed; it is further
ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in
Official Record Book 5298, Page 644 of the Public Records of Collier County, Florida be
dismissed as to Parcel 357RDUE: it is furthcr
ORDERED that this 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 Counw. Florida.
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this
day of January,2018.
THE HONORABLE LAUREN L. BRODIE
Circuit Court Judge
Conformed Copies to:
Emily R. Pepin, Esq., Counsel for PETITIONER,
Pro Se RESPONDENT XAVIER ENRIQUE RODRIGUEZ,29I I Golden Gate Blvd. E.,
Naples, FL 34120
Clerk's Offrce, Accounting
Exhibit *1" to Joint Motion for Stipulated Final Judgment
u 6{:A- l3 r 7/ 887t46/ I I
16.K.8.b
Packet Pg. 723 Attachment: Proposed Stipulated Final Judgment.rodriguez parcel (4569 : Approval of Stipulated Final Judgment for Parcel 357RDUE in CC v.
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16.K.8.b
Packet Pg. 724 Attachment: Proposed Stipulated Final Judgment.rodriguez parcel (4569 : Approval of Stipulated Final Judgment for Parcel 357RDUE in CC v.