Agenda 10/23/2018 Item #16K 810/23/2018
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment for final compensation in the amount of
$13,103.50 for Parcel 250RDUE, including all attorney and expert fees, in the lawsuit styled Collier
County v. Pedro E. Pena, et al, Case No. 15-CA-0350, required for the Golden Gate Boulevard
Widening Project No. 60040. (Fiscal Impact: $11,703.50)
OBJECTIVE: To settle full compensation owed for the taking of Parcel 250RDUE required for the
construction of roadway and related drainage and utility improvements required for the widening of
Golden Gate Boulevard (Project No. 60040), hereinafter referred to as the “Project.”
CONSIDERATIONS: On July 9, 2015, the County condemned Parcel 250RDUE and deposited $1,400
into the Court registry as a good faith estimate of value pursuant to an Order of Taking in the lawsuit
styled Collier County v. Pedro E. Pena, et al, Case No. 15-CA-0350. The parcel was required for the
construction of the Project, and is a 4,515 square foot road right-of-way, drainage and utility easement.
The easement was taken from vacant property owned by Quartz Stone, Inc. An aerial photograph of the
property is attached.
The property owner originally claimed $19,300 for compensation for the easement taken. Through
negotiations, the parties agreed to a settlement of $7,850 as final compensation for the property interest
taken and any damages, $2,128.50 for statutory attorney fees, and $3,125 for expert fees. If approved, the
County will be obligated to pay an additional $11,703.50 over the amount on deposit. The 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 $11,703.50 will be paid from impact fees from the Golden
Gate Boulevard Expansion Project No. 60040. 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, i s
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 $13,103.50 for
Parcel 250RDUE, including all attorney and expert fees, in the lawsuit style d Collier County v. Pedro E.
Pena, et al, Case No. 15-CA-0350, required for the Golden Gate Boulevard Widening Project No. 60040.
Prepared by: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Joint Motion for Stipulated Final Judgment (PDF)
2. Aerial Photograph of Parcel 250RDUE (DOCX)
16.K.8
Packet Pg. 1927
10/23/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.8
Doc ID: 7053
Item Summary: Recommendation to approve a Stipulated Final Judgment for final compensation
in the amount of $13,103.50 for Parcel 250RDUE, including all attorney and expert fees, in the lawsuit
styled Collier County v. Pedro E. Pena, et al, Case No. 15-CA-0350, required for the Golden Gate
Boulevard Widening Project No. 60040. (Fiscal Impact: $11,703.50)
Meeting Date: 10/23/2018
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
10/15/2018 1:57 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
10/15/2018 1:57 PM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 10/15/2018 2:22 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 10/15/2018 2:24 PM
Growth Management Department Gene Shue Additional Reviewer Completed 10/15/2018 2:32 PM
Growth Management Department Debbie Allen Additional Reviewer Skipped 10/15/2018 2:49 PM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 10/15/2018 2:51 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 10/15/2018 2:54 PM
Growth Management Department Jeanne Marcella Department Head Review Completed 10/15/2018 2:56 PM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 10/15/2018 3:31 PM
County Attorney's Office Michael Cox CAO Preview Skipped 10/15/2018 2:16 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/15/2018 3:49 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/15/2018 4:33 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 10/16/2018 11:50 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 10/16/2018 3:12 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/23/2018 9:00 AM
16.K.8
Packet Pg. 1928
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.: 15-CA-350
v.
PARCEL: 250RDUE
PEDRO E. PENA, ET AL.,
Respondents.
____________________________________/
PETITIONER COLLIER COUNTY AND RESPONDENT QUARTZ STONE, INC.’S
JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCEL 250RDUE
Petitioner, COLLIER COUNTY, FLORIDA, (“COLLIER COUNTY”), and Respondent
QUARTZ STONE, INC., by and through undersigned counsel, jointly move this Honorable
Court for entry of the proposed Stipulated Final Judgment Order, attached hereto as Exhibit “1”.
________________________________
EMILY R. PEPIN, ESQ.
Florida Bar No. 92956
Collier County Attorney’s Office
3299 E. Tamiami Trail, Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
Facsimile: (239) 774-0225
CO-COUNSEL FOR PETITIONER
Emily.Pepin@colliercountyfl.gov
Scott.Stone@colliercountyfl.gov
Nancy.Bradley@colliercountyfl.gov
_______________________________
KENNETH A. JONES, ESQ.
Florida Bar No. 200158
Roetzel & Andress, LPA
2320 First Street, Suite 1000
Fort Myers, FL 33901
Telephone: (239) 337-3850
Facsimile: (239) 337-0970
COUNSEL FOR RESPONDENT
QUARTZ STONE, INC.
kjones@ralaw.com
vskeen@ralaw.com
16.K.8.a
Packet Pg. 1929 Attachment: Joint Motion for Stipulated Final Judgment (7053 : Stipulated Final Judgment - parcel 250RDUE - case no. 15-CA-0350 - project
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, 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. Pedro E. Pena, et al.,
Case No. 15-CA-0350
PARCEL 250RDUE
QUARTZ STONE, INC.
Fernando Chavez, Registered Agent
c/o Kenneth Jones, Esq.
kjones@ralaw.com
vskeen@ralaw.com
15-CA-350/#1265
16.K.8.a
Packet Pg. 1930 Attachment: Joint Motion for Stipulated Final Judgment (7053 : Stipulated Final Judgment - parcel 250RDUE - case no. 15-CA-0350 - project
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.: 15-CA-350
v.
PARCEL: 250RDUE
PEDRO E. PENA, ET AL.,
Respondents.
____________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 250RDUE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, (“COLLIER COUNTY”), and RESPONDENT, QUARTZ
STONE, INC., by and through counsel, for entry of a Stipulated Final Judgment as to Parcel
250RDUE for Project No. 60040, 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, QUARTZ STONE, INC., 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.8.a
Packet Pg. 1931 Attachment: Joint Motion for Stipulated Final Judgment (7053 : Stipulated Final Judgment - parcel 250RDUE - case no. 15-CA-0350 - project
ORDERED AND ADJUDGED that Respondent, QUARTZ STONE, INC., have and
recover from Petitioner, COLLIER COUNTY, the total sum of Seven Thousand Eight
Hundred Fifty and No/100 Dollars ($7,850.00), for Parcel 250RDUE, as full compensation for
the property interest taken, 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, shall pay Respondent Two Thousand
One Hundred Twenty Eight and 50/100 Dollars ($2,128.50), for attorney fees and costs, plus
Three Thousand One Hundred Twenty Five and 00/100 Dollars ($3,125.00), for expert fees
and costs, and no other attorney or expert fees or costs shall be awarded in this case as to said
parcel; it is further
ORDERED that Petitioner, COLLIER COUNTY, is entitled to a credit for the good faith
estimate of value previously deposited totaling One Thousand Four Hundred and No/100
Dollars ($1,400.00), as payment for acquisition of Parcel 250RDUE, 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 One Thousand Four Hundred and
No/100 Dollars ($1,400.00), to Respondent, c/o Roetzel & Andress, LPA Trust Account, c/o
Kenneth A. Jones, Esq., 2320 First Street, Suite 1000, Fort Myers, FL 33907; it is further
ORDERED that within thirty (30) days of entry of this Stipulated Final Judgment,
Petitioner shall pay the amount of Eleven Thousand Seven Hundred Three and 50/100
Dollars ($11,703.50), to Respondent, c/o Roetzel & Andress, LPA Trust Account, c/o Kenneth A.
Jones, Esq., 2320 First Street, Suite 1000, Fort Myers, FL 33907; it is further
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.8.a
Packet Pg. 1932 Attachment: Joint Motion for Stipulated Final Judgment (7053 : Stipulated Final Judgment - parcel 250RDUE - case no. 15-CA-0350 - project
ORDERED that this Stipulated Final Judgment disposes of all claims arising out of the
taking of Parcel 250RDUE 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
250RDUE, being fully described in Exhibit “A” attached hereto and incorporated herein, which
vested in Petitioner pursuant to the Order of Taking dated July 9, 2015, 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 5122, Page 3736 of the Public Records of Collier County, Florida be
dismissed as to Parcel 250RDUE; it is further
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 County, Florida.
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this
day of October, 2018.
___________________________________________
THE HONORABLE FREDERICK R. HARDT
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
Kenneth A. Jones, Esq., Counsel for RESPONDENT QUARTZ STONE, INC.,
kjones@ralaw.com
Clerk’s Office, Accounting
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.8.a
Packet Pg. 1933 Attachment: Joint Motion for Stipulated Final Judgment (7053 : Stipulated Final Judgment - parcel 250RDUE - case no. 15-CA-0350 - project
EXHIBIT "A"GOLDEN GATE BOULEVARD (CR 876)fi
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LEGAL DESCRIPTION FOR PARCEL 250 RDUE
A PORTION OF TRACT 21, GOLDEN GATE ESTATES, UNIT 51 AS RECORDED IN PLAT BOOK 5, PAGE 84 OF THE PUBLICRECORDSOFCOLLIER COUNTY, FLORIDA, LYING IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COWERCOUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
THE SOUTH 43 FEET OF THE NORTH 93 FEET OF THE WEST 105 FEET OF SAID TRACT 21.
CONTAINING 4,515 SQUARE FEET. MORE OR LESS.
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050217 00. 010001REV01149271" = BO' DEC. 2009 S 0 L SK 250 1 OF 1Exhibit "1" to Joint Motion for Stipulated Final Judgment
16.K.8.a
Packet Pg. 1934 Attachment: Joint Motion for Stipulated Final Judgment (7053 : Stipulated Final Judgment - parcel 250RDUE - case no. 15-CA-0350 - project
AERIAL – PARCEL 250RDUE
GOLDEN GATE BLVD. PROJECT NO. 60040AA
3
Existing
ROW
/
PARCEL 250RDUE
16.K.8.b
Packet Pg. 1935 Attachment: Aerial Photograph of Parcel 250RDUE (7053 : Stipulated Final Judgment - parcel 250RDUE - case no. 15-CA-0350 - project 60040)