Agenda 06/26/2018 Item #16K706/26/2018
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $35,000, plus statutory
attorney’s fees in the amount of $8,019, and expert costs in the amount of $3,905, for the taking of
Parcel 424RDUE in the pending case styled Collier County v. Leondese Bichotte et al, Case No. 17-
CA-1443, required for the Golden Gate Boulevard Project, Project No. 60145 (From Everglades
Blvd to the Faka Union Canal). (Fiscal Impact: $36,024)
OBJECTIVE: To settle full compensation owed for the taking of Parcel 424RDUE required for
improvements to Golden Gate Boulevard, Project No. 60145.
CONSIDERATIONS: On March 28, 2017, the Board authorized, via Resolution No. 2017-63, the
condemnation of Parcel 424RDUE to construct roadway, drainage and utility improvements as part of the
widening of Golden Gate Boulevard in the section of road from Everglades Blvd to the Faka Union
Canal. On November 14, 2017, the Court entered an Order of Taking for the required property, and the
County subsequently deposited a good faith estimate of value of $10,900.00 into the Court Registry. The
roadway, drainage and utility easement, approximately 3,225 square feet in size, was taken from the
northerly portion of property owned by Andres A. Estanislao and Maria R. Estanislao. The parent tract
contains a single-family residence, and the taking includes a portion of the gravel driveway, chain -link
fence and swing gate, landscaping, and sod. An aerial photograph of the subject property is attached to
this item for reference. This taking will reduce the home’s front yard setback from 300 feet to 257 feet
from the Golden Gate Boulevard right-of-way.
Prior to a scheduled court-ordered Mediation, the property owners, through counsel, presented their claim
of compensation in the amount of $69,200.00 (land and improvements taken - $12,600; severance
damages - $56,600.00), not including expert fees, attorney fees, and costs. The property owners claim
that the value of the home was damaged by the nature of being located on a four-lane road as opposed to
the existing conditions on a two-lane road. Through negotiations, the parties agreed on a settlement of
$35,000.00 plus statutory attorney’s fees in the amount of $8,019.00, and expert costs in the amount of
$3,905.00. The County Attorney’s Office and Transportation staff recommend the Board approve the
Stipulated Final Judgment, since a better result is not anticipated at trial or meditation, and it avoids any
further costs being incurred in expert fees. If this item is approved, the County will be obligated to pay an
additional $36,024.00 over the amount already deposited into the Court Registry. 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 $36,024.00 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 the project, the secondary
funding source will be gas taxes.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - SAS
RECOMMENDATION: To approve a Stipulated Final Judgment for the total amount of $35,000.00,
plus statutory attorney’s fees in the amount of $8,019.00, and expert costs in the amount of $3,905.00, for
the taking of Parcel 424RDUE in the pending case styled Collier County v. Leondese Bichotte et al, Case
No. 17-CA-1443, required for the Golden Gate Boulevard Project No. 60145 (From Everglades Blvd to
06/26/2018
the Faka Union Canal).
PREPARED BY: Scott A. Stone, Assistant County Attorney
ATTACHMENT(S)
1. Joint Motion for Stipulated Final Judgment (PDF)
2. Aerial Photograph of Parcel 424RDUE (PDF)
06/26/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.7
Doc ID: 5985
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$35,000, plus statutory attorney’s fees in the amount of $8,019, and expert costs in the amount of $3,905,
for the taking of Parcel 424RDUE in the pending case styled Collier County v. Leondese Bichotte et al,
Case No. 17-CA-1443, required for the Golden Gate Boulevard Project, Project No. 60145 (From
Everglades Blvd to the Faka Union Canal). (Fiscal Impact: $36,024)
Meeting Date: 06/26/2018
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
06/18/2018 10:47 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/18/2018 10:47 AM
Approved By:
Review:
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 06/18/2018 11:01 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 06/18/2018 11:11 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 06/18/2018 11:18 AM
Growth Management Department Gene Shue Additional Reviewer Completed 06/18/2018 11:44 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 06/18/2018 12:19 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 06/18/2018 12:24 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 06/18/2018 12:35 PM
Growth Management Department Jeanne Marcella Department Head Review Completed 06/18/2018 1:49 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/18/2018 2:18 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 06/18/2018 3:25 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/19/2018 7:43 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/19/2018 10:08 AM
Board of County Commissioners MaryJo Brock Meeting Pending 06/26/2018 9:00 AM
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,
Case No. 17 -CA -1443
Parcel 424RDUE
LEONDESE BICHOTTE; ANDRES A. ESTANISLAO;
MARIA R. ESTANISLAO; NEW CENTURY
MORTGAGE CORPORATION; JAYNE D. KEFFER;
and CARLOS ARAY CABRERA,
Respondents
PETITIONER, COLLIER COUNTY, AND RESPONDENTS', ANDRES A.
ESTANISLAO and MARIA R. ESTANISLAO, JOINT MOTION FOR STIPULATED
FINAL JUDGMENT AS TO PARCEL 424RDUE
COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents,
ANDRES A. ESTANISLAO and MARIA R. ESTANISLAO, by and through the undersigned
counsel, and hereby respectfully move for entry of the Stipulated Final Judgment as to Parcel
424RDUE, attached hereto as Exhibit "1 ".
SCOTT A. STONE
Florida Bar No. 93074
EMILY R. PEPIN
Florida Bar No. 92956
Collier County Attorney's Office
3299 East Tamiami Trail, Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
Facsimile: (239) 774-0225
COUNSEL FOR PETITIONER
Scott. Stoneacolliercount fl] gov
Emily.Pepina,coll iercountyfl.gov
Sheri. Malcolm( a,colliercountyfl gov
[17 -CA -1443/1418354/1]
BRIAN P. PATCH
Florida Bar No. 157545
Law Offices of Brian P. Patchen, PA
15165 NW 77`h Ave, Suite 2005
Miami Lakes, FL 33014
Telephone: (305) 372-1112
Facsimile: (305) 372-3691
COUNSEL FOR RESPONDENTS
bpatchen ,brianpatchen.com
patchlawAbrianpatchen.com
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, or by U.S. Mail, postage
prepaid, to parties as indicated on the Service List below on this day of
2018.
i
SERVICE LIST
PARCEL 424RDUE
Andres A. Estanislao
Maria R. Estanislao
c/o Brian Patchen, Esq.
15165 NW 77`h Ave., Ste 2005
Miami Lakes, FL 33014
[17 -CA -1443/1418354/1]
SCOTT A. STONE
EMILY R. PEPIN
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. 17 -CA -1443
Parcel 424RDUE
LEONDESE BICHOTTE; ANDRES A. ESTANISLAO;
MARIA R. ESTANISLAO; NEW CENTURY
MORTGAGE CORPORATION; JAYNE D. KEFFER;
and CARLOS ARAY CABRERA,
Respondents
STIPULATED FINAL JUDGMENT FOR PARCEL 424RDUE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, ANDRES A. ESTANISLAO and MARIA
R. ESTANISLAO, by and through counsel, for entry of a Stipulated Final Judgment as to Parcel
424RDUE for Project No. 60145, and it appearing to the Court that proper notice was given to
the parties having any equity, lien, title or other interest in or to the real property described
therein, and the Court being otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that:
Respondents, ANDRES A. ESTANISLAO and MARIA R. ESTANISLAO, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Thirty -Five
Thousand and No/100 Dollars ($35,000.00), subject to apportionment, if any, for Parcel
[17 -CA -1443/1418354/1]
424RDUE, as full payment for the property interest taken and for any damages resulting to the
remainder, if less than the entire property was taken, and for all other damages, and costs in
connection with said parcel;
2. Petitioner, COLLIER COUNTY, FLORIDA, shall pay Eight Thousand
Nineteen Dollars and No/100 Dollars ($8,019.00) to Respondents for all attorneys' fees and
costs, and no other attorneys' fees or costs shall be awarded in this case;
3. Petitioner, COLLIER COUNTY, FLORIDA, shall pay Three Thousand Nine
Hundred Five and No/100 Dollars ($3,905.00) to Respondents for all expert fees and costs, and
no other expert fees or costs shall be awarded in this case;
4. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good
faith estimate of value deposited in the amount of Ten Thousand Nine Hundred and No/100
Dollars ($10,900.00), as payment for acquisition of Parcel 424RDUE;
5. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Thirty -Six Thousand Twenty -Four and
No/100 Dollars ($36,024.00), to Law Office of Brian P. Patchen. P.A., 15165 NW 77`h Ave,
Suite 2005, Miami Lakes, FL 33014, as payment for acquisition of Parcel 424RDUE, outlined in
paragraphs 1-4 above;
6. This Order disposes of all claims arising out of the taking of Parcel 424RDUE and
that have, or could have, been asserted in this cause;
7. A Perpetual, Non -Exclusive Road Right -Of -Way Drainage and Utility Easement
to Parcel 424RDUE, being fully described in Composite Exhibit "A" attached hereto and
incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated November
14, 2017, and the deposit of money heretofore made, is approved, ratified, and confirmed;
(17 -CA -1443/1418354/11
8. The Notice of Lis Pendens filed in the above -styled cause and recorded in Official
Record Book 5426. Page 86 of the Public Records of Collier County, Florida is hereby released
as to Parcel 426RDUE:
9. The Court reserves jurisdiction to enforce the terms of this Stipulated Final
.judgment.
10. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County. Florida.
DONE AND ORDERED in Naples, Collier County, Florida, this day of
. 2018.
HONORABLE LAUREN L. BRODIE
CIRCUIT COURT JUDGE
cc:
Scott A. Stone, Esq., Counsel for Petitioner, Scott. Stoneacolliercountyfl ov;
Emily.Penina,colliercountyfl gov; Sheri.Malcolmaa.colliercountvfl gov
Brian P. Patchen, Esq., Counsel for Respondents, bpatchenC46rianpatchen.com
[17 -CA -1443/1418354/11
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EXHIBIT "A
AERIAL – PARCEL 424RDUE
GOLDEN GATE BLVD. PROJECT NO. 60145
EXISTING RIGHT-OF-WAY PER PLAT
PARCEL 424RDUE
/