Agenda 10/09/2018 Item #16K 610/09/2018
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment for final compensation in the amount of
$8,000 for Parcel 404RDUE, including all attorney and expert fees, in the lawsuit styled Collier
County v. Jarrett Cox, et al, Case No. 16-CA-1313, required for the Golden Gate Boulevard
Expansion Project No. 60145, (from 20th St. E. to Everglades Blvd.). (Fiscal Impact: $4,800)
OBJECTIVE: To settle full compensation owed for the taking of Parcel 404RDUE required for the
construction of roadway and related drainage and utility improvements required for the expansion of
Golden Gate Boulevard (Project No. 60145, from 20th St. E. to Everglades Blvd.), hereinafter referred to
as the “Project.”
CONSIDERATIONS: On November 18, 2016, the County condemned Parcel 404RDUE and deposited
$3,200 into the Court registry as a good faith estimate of value pursuant to an Order of Taking in the
lawsuit styled Collier County v. Jarrett Cox, et al, Case No. 16-CA-1313. The parcel was required for the
construction of the Project, and is a 6,965-square foot perpetual, non-exclusive road right-of-way,
drainage and utility easement. The easement was taken from vacant property owned by Wakefield
Property Holdings, LLC. An aerial photograph of the property is attached.
Through negotiations, the parties agreed to a settlement of $8,000, inclusive of all compensation for the
property interest taken, damages, and all attorney and expert fees. If approved, the County will be
obligated to pay an additional $4,800 over the amount on deposit. County Attorney’s Office and Staff
recommend approval of this Stipulated Final Judgment 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 $4,800 will be paid from impact fees from the Golden Gate
Boulevard Expansion 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: To approve a Stipulated Final Judgment in the amount of $8,000 for Parcel
404RDUE, including all attorney and expert fees, in the lawsuit styled Collier County v. Jarrett Cox, et
al, Case No. 16-CA-1313, required for the Golden Gate Boulevard Expansion Project No. 60145.
Prepared by: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Joint Motion for Stipulated Final Judgment (PDF)
2. Aerial Photograph of Parcel 404RDUE (PDF)
16.K.6
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10/09/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Doc ID: 6943
Item Summary: Recommendation to approve a Stipulated Final Judgment for final compensation
in the amount of $8,000 for Parcel 404RDUE, including all attorney and expert fees, in the lawsuit styled
Collier County v. Jarrett Cox, et al, Case No. 16-CA-1313, required for the Golden Gate Boulevard
Expansion Project No. 60145, (from 20th St. E. to Everglades Blvd.). (Fiscal Impact: $4,800)
Meeting Date: 10/09/2018
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
10/03/2018 8:33 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
10/03/2018 8:33 AM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 10/03/2018 8:41 AM
Growth Management Department Gene Shue Additional Reviewer Completed 10/03/2018 9:43 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 10/03/2018 9:43 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 10/03/2018 9:47 AM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 10/03/2018 10:04 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 10/03/2018 10:33 AM
Growth Management Department Debbie Allen Deputy Department Head Review Skipped 10/03/2018 10:22 AM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 10/03/2018 10:38 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 10/03/2018 10:39 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/03/2018 10:45 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/03/2018 10:51 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/03/2018 10:53 AM
County Attorney's Office MaryJo Brock CAO Preview Skipped 10/03/2018 11:01 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 10/03/2018 11:04 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/09/2018 9:00 AM
16.K.6
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16.K.6.aPacket Pg. 1398Attachment: Joint Motion for Stipulated Final Judgment (6943 : Stipulated Final Judgment $8,000 Parcel 404RDUE Project 60145 Case No. 16-
[16-CA-1313/1436554/1]
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, or by U.S. Mail, postage prepaid, to
parties as indicated on the Service List below on this _____ day of October, 2018.
BY: _______________________________
EMILY R. PEPIN, ESQ.
SERVICE LIST
COLLIER COUNTY V. JARRETT COX, ET. AL.,
Case No. 16-CA-1313
PARCEL 404RDUE
WAKEFIELD PROPERTY HOLDINGS,
LLC, a Connecticut limited liability company
c/o Bradley S. Gould, Esq.
Bradley.Gould@gray-robinson.com
Jacqueline.Dieguez@gray-robinson.com
16-CA-1313/568
16.K.6.a
Packet Pg. 1399 Attachment: Joint Motion for Stipulated Final Judgment (6943 : Stipulated Final Judgment $8,000 Parcel 404RDUE Project 60145 Case No. 16-
[16-CA-1313/1436554/1]
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.: 16-CA-1313
PARCEL: 404RDUE
JARRETT COX, ET. AL.,
Respondents.
_____________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 404RDUE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and RESPONDENT, WAKEFIELD PROPERTY
HOLDINGS, LLC, by and through counsel, for entry of a Stipulated Final Judgment as to Parcel
404RDUE 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 Respondent, WAKEFIELD PROPERTY HOLDINGS, LLC, 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.6.a
Packet Pg. 1400 Attachment: Joint Motion for Stipulated Final Judgment (6943 : Stipulated Final Judgment $8,000 Parcel 404RDUE Project 60145 Case No. 16-
[16-CA-1313/1436554/1]
ORDERED AND ADJUDGED that Respondent, WAKEFIELD PROPERTY
HOLDINGS, LLC, have and recover from Petitioner, COLLIER COUNTY, the total sum of Eight
Thousand and No/100 Dollars ($8,000.00) for Parcel 404RDUE, as full compensation for the
property interest taken, including any and all attorney and expert fees and costs, and for damages
resulting to the remainder, and for all other damages in connection with said parcel, and no further
attorney or expert fees and costs shall be awarded in this matter; it is further
ORDERED that Petitioner, COLLIER COUNTY, is entitled to a credit for the good faith
estimate of value previously deposited totaling Three Thousand Two Hundred and No/100
Dollars ($3,200.00), as payment for acquisition of Parcel 404RDUE, at which time title to said
parcel as described in Exhibit “A” vested in the name of the Petitioner; it is further
ORDERED, that within thirty (30) days of entry of this Stipulated Final Judgment, the Clerk
shall disburse from the Court Registry the amount of Three Thousand Two Hundred and No/100
Dollars ($3,200.00), to Respondent, c/o Gray Robinson Trust Account, c/o Bradley S. Gould, Esq.,
333 SE 2nd Ave., Suite 3200, Miami, FL 33131-2191; it is further
ORDERED that within thirty (30) days of entry of this Stipulated Final Judgment,
Petitioner shall pay the amount of Four Thousand Eight Hundred and No/100 Dollars
($4,800.00), to Respondent, c/o Gray Robinson Trust Account, c/o Bradley S. Gould, Esq., 333 SE
2nd Ave., Suite 3200, Miami, FL 33131-2191; it is further
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.6.a
Packet Pg. 1401 Attachment: Joint Motion for Stipulated Final Judgment (6943 : Stipulated Final Judgment $8,000 Parcel 404RDUE Project 60145 Case No. 16-
[16-CA-1313/1436554/1]
ORDERED that this Stipulated Final Judgment is based on Petitioner utilizing Parcel
404RDUE pursuant to its 60% plans attached hereto as Composite Exhibit “B”, as said plans relate
to Parcel 404RDUE and Petitioner constructing its project in substantial conformance with said
plans. If not, Respondent shall have the same remedies as would have been afforded to them had
the case been resolved by verdict with said plans and specifications having been made a part of
the record at trial. Central & Southern Florida Flood Control District v. Wye River Farms, Inc.,
297 So.2d 323 (Fla. 4th DCA 1974); cert. denied 310 So.2d 745 (Fla. 1975); it is further
ORDERED that this Stipulated Final Judgment disposes of all claims arising out of the
taking of Parcel 404RDUE that have or could have been asserted in this cause, including any and
all attorney and expert fees and costs; it is further
ORDERED that the right-of-way roadway drainage and utility easement interest to Parcel
404RDUE, being fully described in Exhibit “A” attached hereto and incorporated herein, which
vested in Petitioner pursuant to the Order of Taking dated November 18, 2016, and the deposit of
money heretofore 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 3085 of the Public Records of Collier County, Florida be
dismissed as to Parcel 404RDUE; it is further
ORDERED that this Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment; it is further
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.6.a
Packet Pg. 1402 Attachment: Joint Motion for Stipulated Final Judgment (6943 : Stipulated Final Judgment $8,000 Parcel 404RDUE Project 60145 Case No. 16-
[16-CA-1313/1436554/1]
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of
Collier County, Florida.
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this
day of October, 2018.
___________________________________________
THE HONORABLE HUGH D. HAYES
Circuit Court Judge
Conformed Copies to:
Emily R. Pepin, Esq., Scott A. Stone, Esq., Co-Counsel for PETITIONER,
Emily.Pepin@colliercountyfl.gov; Scott.Stone@colliercountyfl.gov
Bradley S. Gould, Esq., Counsel for RESPONDENT WAKEFIELD PROPERTY HOLDINGS,
LLC; Bradley.gould@gray-robinson.com; Jacqueline.Dieguez@gray-robinson.com
Clerk’s Office, Accounting
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.6.a
Packet Pg. 1403 Attachment: Joint Motion for Stipulated Final Judgment (6943 : Stipulated Final Judgment $8,000 Parcel 404RDUE Project 60145 Case No. 16-
Exhibit "1" to Joint Motion for Stipulated Final Judgment
16.K.6.a
Packet Pg. 1404 Attachment: Joint Motion for Stipulated Final Judgment (6943 : Stipulated Final Judgment $8,000 Parcel 404RDUE Project 60145 Case No. 16-
Composite Exhibit "B" to Stipulated Final Judgment16.K.6.aPacket Pg. 1405Attachment: Joint Motion for Stipulated Final Judgment (6943 : Stipulated Final Judgment $8,000 Parcel 404RDUE Project 60145 Case No. 16-CA-1313)
Composite Exhibit "B" to Stipulated Final Judgment16.K.6.aPacket Pg. 1406Attachment: Joint Motion for Stipulated Final Judgment (6943 : Stipulated Final Judgment $8,000 Parcel 404RDUE Project 60145 Case No. 16-CA-1313)
Composite Exhibit "B" to Stipulated Final Judgment16.K.6.aPacket Pg. 1407Attachment: Joint Motion for Stipulated Final Judgment (6943 : Stipulated Final Judgment $8,000 Parcel 404RDUE Project 60145 Case No. 16-CA-1313)
Composite Exhibit "B" to Stipulated Final Judgment16.K.6.aPacket Pg. 1408Attachment: Joint Motion for Stipulated Final Judgment (6943 : Stipulated Final Judgment $8,000 Parcel 404RDUE Project 60145 Case No. 16-CA-1313)
Composite Exhibit "B" to Stipulated Final Judgment16.K.6.aPacket Pg. 1409Attachment: Joint Motion for Stipulated Final Judgment (6943 : Stipulated Final Judgment $8,000 Parcel 404RDUE Project 60145 Case No. 16-CA-1313)
Composite Exhibit "B" to Stipulated Final Judgment16.K.6.aPacket Pg. 1410Attachment: Joint Motion for Stipulated Final Judgment (6943 : Stipulated Final Judgment $8,000 Parcel 404RDUE Project 60145 Case No. 16-CA-1313)
AERIAL – PARCEL 404RDUE
GOLDEN GATE BLVD. PROJECT NO. 60145
EXISTING RIGHT-OF-WAY PER PLAT
PARCEL 404RDUE
/
16.K.6.b
Packet Pg. 1411 Attachment: Aerial Photograph of Parcel 404RDUE (6943 : Stipulated Final Judgment $8,000 Parcel 404RDUE Project 60145 Case No. 16-CA-