Agenda 11/13/2012 Item #16K111/13/2012 Item 16.K.1.
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment as to Parcel 215RDUE in the
lawsuit styled Collier County v. Giovanni Castellana, et al., Case No. 12 -CA -2508
(Everglades Boulevard Intersection Improvements at 18th Avenue N.E., Project No. 60016).
(Fiscal Impact: $6,900)
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment
for payment of full compensation for the taking of Parcel 215RDUE in the lawsuit styled Collier
County v. Giovanni Castellana, et al., Case No. 12 -CA -2508. (Collier County Project No.
60016).
CONSIDERATIONS: On February 28, 2012, the Board of County Commissioners approved
Resolution No. 2012 -36 authorizing the condemnation of land and easements necessary for the
construction of intersection improvements at 18th Avenue N.E. and Everglades Boulevard, being
a part of the Transportation Intersection Safety and Capacity Improvement Program (Project No.
60016). On September 28, 2012, the Court entered a Stipulated Order of Taking and the sum of
$600 was deposited by the County into the Court Registry, upon which, title to the road right -of-
way, drainage, and utility easement vested in the County. Respondents' counsel proposed a
settlement amount of $10,000 for full compensation of the parcel taken. We agreed to a global
amount of $7,500, inclusive of all attorney's fees and expert fees and costs, subject to approval
by the Board. The County would have been subject to higher attorney's fees and expert fees and
costs than was offered if the parties had not reached a settlement. If the settlement is approved,
the County is responsible for the following additional costs.
Full Compensation, including attorney's
fees and expert fees and costs $7,500.00
Amount Deposited in Court Registry: -$600.00
Additional Costs: $6,900.00
Attached is the proposed Stipulated Final Judgment.
FISCAL IMPACT: Funds in the amount of $6,900 are available from Gas Tax -Road
Construction Fund (313) project 60016.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated
with this item.
LEGAL CONSIDERATIONS: This item was prepared by the County Attorney's Office, is
legally sufficient and requires a majority vote for Board approval. — ERP
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11/13/2012 Item 16.K.1.
RECOMMENDATION: That the Board of County Commissioners approve the Stipulated
Final Judgment as to Parcel 215RDUE, approve the additional funds inclusive of full
compensation, attorney's fees, and expert witness fees and costs.
Prepared By: Emily R. Pepin, Assistant County Attorney
Attached Document: Proposed Stipulated Final Judgment
Exhibit "A ": Legal Sketch
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11/13/2012 Item 16.K.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1.
Item Summary: Recommendation to approve a Stipulated Final Judgment as to Parcel
215RDUE in the lawsuit styled Collier County v. Giovanni Castellana, et al., Case No. 12 -CA -2508
(Everglades Boulevard Intersection Improvements at 18th Avenue N.E., Project No. 60016).
(Fiscal Impact: $6,900)
Meeting Date: 11/13/2012
Prepared By
Name: NeetVirginia
Title: Legal Assistant/Paralegal,County Attorney
10/25/2012 3:37:37 PM
Submitted by
Title: Assistant County Attorney, CAO Litigation
Name: PepinEmily
10/25/2012 3:37:39 PM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
Date: 10/26/2012 11:48:01 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 10/26/2012 11:54:00 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/26/2012 2:43:10 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 10/30/2012 1:10:49 PM
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Name: ShueGene
Date: 10/30/2012 2:00:10 PM
Name: OchsLeo
Title: County Manager
Date: 11/4/2012 10:22:23 AM
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11/13/2012 Item 16.K.1.
11/13/2012 Item 16.K.1.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, a political subdivision
of the State of Florida,
Petitioner,
VS.
GIOVANNI CASTELLANA, ET AL.
Respondents.
Case No.: 12 -CA -2508
Parcel No.: 215RDUE
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before this Court upon joint motion made by Petitioner,
COLLIER COUNTY, and Respondents, GIOVANNI CASTELLANA and SONIA
CASTELLANA, by and through their undersigned counsel, for entry of a Stipulated Final
Judgment as to Parcel 215RDUE, and it appear'to the Court that the parties are authorized to make
such motion, the Court finding that the compensation to be paid by Petitioner, COLLIER
COUNTY, FLORIDA, is the full compensation due Respondents, GIOVANNI CASTELLANA
and SONIA CASTELLANA, and the Court being otherwise fully advised in the premises thereof,
it is thereupon,
ORDERED AND ADJUDGED that Respondent have and recover from Petitioner,
COLLIER COUNTY, FLORIDA the sum of SEVEN THOUSAND FIVE HUNDRED AND
NO 1100 DOLLARS ($7,500.00) for ,Parcel 215RDUE as full compensation for any and all claims
in this case including, but not limited to, compensation for the land taken, improvements taken,
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11/13/2012 Item 16.K.1.
business damages, severance damages, judgment interest, and all attorney's fees and expert fees
and costs in connection with said parcels; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit in the
amount of SIX HUNDRED DOLLARS AND N01100 DOLLARS ($600) which was previously
deposited into the registry of the Clerk of the Circuit Court toward acquisition of Parcels
215RDUE at which time title to said parcels as described in Exhibit W' vested in the name of
Petitioner; it is further
ORDERED that within shirty (30) days of receipt by Petitioner of the Stipulated Final
Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall pay to
Respondents, c/o. Gregory W. Stoner, Esquire, Attorney for Respondents, 121 North Orange
Avenue, Suite 1470, Orlando, Florida 32801, an additional SIX THOUSAND NINE HUNDRED
AND N01100 DOLLARS ($6,900), for the benefit of Respondents for the balance of full
compensation and all attorney's fees and expert witness fees and costs; it is fuuther
ORDERED that except as provided herein, no additional fees or costs shall be awarded to
Respondents; it is further
ORDERED that within the thirty (30) days of execution of this Stipulated Final Judgment,
the Clerk shall disburse the deposited funds in the court registry in the amount of SIX HUNDRED
DOLLARS AND NO /100 DOLLARS ($600) to THE PROPERTY RIGHTS LAW FIRM, c%
Gregory W. Stoner, Esquire, Attorney for Respondents, 121 North Orange Avenue, Suite 1470,
Orlando, Florida 32801; it is further
ORDERED that title to Parcel 215RDUE, a road right -of -way, drainage, and utility
easement, being fully descnW in Exhibit A, has vested in Petitioner, COLLIER COUNTY,
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11/13/2012 Item 16.K.1.
FLORIDA, pursuant to the Stipulated Order of Taking entered on September 28, 2012, and the
deposit of money hereto fore made, is approved, ratified, and confirmed; it is finther
ORDERED that this Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment; it is finther
ORDERED that the Notice of Lis Pendens filed in this action and recorded in the Official
Record Book 4814, Page 2435, et seq., of the Public Records of Collier County, Florida be
dismissed as to Parcel 215RDUE; it is further
ORDERED that this Order disposes of all claims arising out of the taking of Parcel
215RDUE that have or could have been asserted in this case; it is further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of
Collier County, Florida; it is therefore
DONE AND ORDERED in Chambers at Naples, Collier County, Florida this day of
2012.
CYNTHIA A. PIVACHEK
Circuit Court Judge
Conformed Copies:
Emily R. Pepin, Esquire
Gregory Stoner, Esquire
Kevin Hendricks, Transportation ROW Acquisition Manager
Bookkeeping
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11/13/2012 Item 16.K.1.
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
The parties hereby stipulate and respectfully request the Court to enter the foregoing
Stipulated Final Judgment as to Parcel 215RDUE.
Dated
GRE RY NER, ESQUIRE
Florida Bar No. 0067335
The Property Rights Law Firm, P.A.
121 S. Orange Ave, Suite 1470
Orlando, Florida 32801
(407) 843 -4900 Telephone
(407) 712 -7301 Fax
t;ws(r)eminentdomainfirm.com
ATTORNEY FOR RESPONDENTS
12- CA- 2508/91
Dated:
EMILY R. PEPIN, ESQUIRE
Florida Bar No. 92956
ASSISTANT COUNTY ATTORNEY
Harmon Turner Building
3299.East Tamiami Trail, Suite 800
Naples, Florida 34112
(239) 252 -8400 Telephone
(239) 252 -6300 Fax
emilypgpin(@colliemov.net
ATTORNEY FOR PETITIONER
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1 1 /1 ,4/7f117 Itam 1 R K 1
EXHIBIT "A»
LEGAL DESCRIPTION:
COMMENCING AT THE NORTHWEST CORNER OF. TRACT 2 OF GOLDEN GATE ESTATES UNIT 71 AS RECORDED IN PLAT BOOK 5,
PAGE 7 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA; THENCE RUN S89-40.50 "E ALONG THE NORTH LINE OF
SAID TRACT 2 A DISTANCE OF 50.00 FEET, THENCE DEPARTING SAID NORTH LINE, RUN SOO'19'10 "W A DISTANCE OF 30.00
FEET TO THE INTERSECTION OF THE EAST RIGHT -OF -WAY LINE OF EVERGLADES BOULEVARD WITH THE SOUTH
RIGHT -OF -WAY LINE OF 18TH AVENUE NORTHEAST AND THE POINT OF BEGINNING; THENCE RUN 589'40'50 "E ALONG SAID
SOUTH RIGHT -OF -WAY LINE OF 18TH AVENUE NORTHEAST A DISTANCE OF 33.00 FEET; THENCE DEPARTING SAID SOUTH
RIGHT -OF -WAY LINE, RUN S4519'10 "W A DISTANCE OF 46.67 FEET TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF
EVERGLADES BOULEVARD; THENCE RUN N00'19'10 "E ALONG SAID EAST RIGHT -OF -WAY LINE A DISTANCE OF 33.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING THEREIN 0.013 ACRES OR 544.50 SQUARE FEET, MORE OR LESS.
L5
r
L2
POINT OF COMMENCEMENT
0 R1HWEST CORNER of
TRACT 2
POINT OF BEGINNING
'TECM - ROW
DEC 0 6 2010
Al
N
LINE TABLE
Lt S89'40'50 "E 50.00'
L2 S00'19'10 "W 30.00'
L3 S89'40'50 "E 33.00'
L4 S45'19'10 "W 46.67'
L5 N00'19'10 "E 33.00'
GOLDEN
G
STATES
U141T
40.
71
i
PH
5,
PAGE
7
iopt-
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SURVEYOR'S NOTES:
1. THIS IS NOT A SURVEY, APr=D BY;
2. THIS DOCUMENT IS CERTIFIED EXCLUSIVELY TO THE ENTITIES LISTED HEREON AND
SHALL NOT BE RELIED UPON BY ANY OTHER ENTITY OR ENTITIES WHOMSOEVER
3. REPRODUCTIONS OF THIS DOCUMENT ARE NOT VAUD UNLESS THEY BEAR THE
7-
ORIGINAL SIGNATURE AND RAISED EMBOSSED SEAL OF THE LICENSED LAND SURVEYOR
UNDER WHOSE DIRECTION IT WAS PREPARED.
4. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF TRACT 2 OF THE WAX R. DAVIS, PSM
PLAT OF GOLDEN GATE ESTATES UNIT 71, RECORDED IN PLAT BOOK 5, PAGE 7 OF
PROFIO<•IAL 8URYOR AND MAPPER
THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA AS BEARING S89'40'S0 -E YORAN
FT.ORIDACERIIFICJ17E
CERTIFIED TO. DATE SIGNED- _12-064010
COLIZR COUNTY BOARD OF COUNTY C01RMONSR.3
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BOARD OF COL IM COUNTY COMUSSIONERS
TRANSPORTATION BSRVICL9 DMBION
ROAD MADnT S"CE DEPARTI CIRT
2000 00= HOB>lENIOD OIQPC
NAPli2. n=MA. 34104 (209) BU -0192
Y` DRD
DATE:
12 -02 -10
SCALE
1" - 100•
SKETCH AND DESCRIPTION
L EVE�ES BLVD. k 18TH AVENUE N.S. ADDMONAL
- R/R FOR MTEROMON DLPROVEUNTS
IN /A A PARCEL 215 RDUE
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