Agenda 01/08/2019 Item #16K 201/08/2019
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment for final compensation in the amount of
$2,300, which includes all attorney fees and expert fees and costs, for the taking of Parcel 101DUE
in the eminent domain lawsuit styled Collier County v. Henry Allen Fish, et al., Case No. 15-CA-
1810, required for the Lake Trafford Road and North 19th Street Intersection Improvement Project
No. 60192. (Fiscal Impact: $1,000)
OBJECTIVE: To settle full compensation owed for the taking of Parce l 101DUE required for the Lake
Trafford Road and North 19th Street Intersection Improvement Project (Project No. 60192), hereinafter
referred to as the “Project.”
CONSIDERATIONS: On January 6, 2016, the Court granted title of Parcel 101DUE to the County,
upon the County’s good faith estimate of value deposit of $1,300 into the Court Registry in the eminent
domain lawsuit styled Collier County v. Henry Allen Fish, et al., Case No. 15-CA-1810. The parcel was
required for the construction of the Project, and is a perpetual, non-exclusive drainage and utility
easement containing 460 square feet, more or less. The easement was taken from property owned by
Immokalee RRH, LTD, and improved with multi-family housing. An aerial photograph of the property is
attached.
Through negotiations, the parties agreed to a settlement of $2,300 as final compensation for the property
interest taken and any damages, including attorney fees and costs. If approved, the County will be
obligated to pay an additional $1,000 over the amount previously deposited. 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 Motio n for
Stipulated Final Judgment with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $1,000 will be paid from gas taxes for the Lake Trafford
Road and North 19th Street Intersection Improvement Project No. 60192.
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 $2,300 for Parcel
101DUE, which includes all attorney and expert fees, in the lawsuit styled Collier County v. Henry Allen
Fish, et al., Case No. 15-CA-1810, required for the Lake Trafford Road and North 19th Street Intersection
Improvement Project No. 60192.
Prepared by: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Joint Motion for Stipulated Final Judgment (PDF)
2. Aerial Photograph of Parcel 101DUE (PDF)
16.K.2
Packet Pg. 1729
01/08/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2
Doc ID: 7620
Item Summary: Recommendation to approve a Stipulated Final Judgment for final compensation
in the amount of $2,300, which includes all attorney fees and expert fees and costs, for the taking of
Parcel 101DUE in the eminent domain lawsuit styled Collier County v. Henry Allen Fish, et al., Case No.
15-CA-1810, required for the Lake Trafford Road and North 19th Street Intersection Improvement
Project No. 60016. (Fiscal Impact: $1,000)
Meeting Date: 01/08/2019
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
12/20/2018 1:02 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
12/20/2018 1:02 PM
Approved By:
Review:
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 12/20/2018 1:27 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 12/20/2018 1:31 PM
Capital Project Planning, Impact Fees, and Program Management Rookmin Nauth Additional Reviewer Completed 12/20/2018 1:33 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 12/20/2018 1:34 PM
Growth Management Department Gene Shue Additional Reviewer Completed 12/20/2018 1:49 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 12/20/2018 4:33 PM
Growth Management Department James C French Deputy Department Head Review Skipped 12/20/2018 5:18 PM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 12/21/2018 9:35 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 12/26/2018 12:43 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/26/2018 1:07 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/26/2018 1:59 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 12/27/2018 2:16 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/27/2018 3:31 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/08/2019 9:00 AM
16.K.2
Packet Pg. 1730
16.K.2.a
Packet Pg. 1731 Attachment: Joint Motion for Stipulated Final Judgment (7620 : Approve Stipulated Final Judgment in CC v. Fish, et al, Case No. 15-CA-1810)
[15-CA-1810/1450146/1]
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 January, 2019.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
SERVICE LIST
COLLIER COUNTY V. HENRY ALLEN FISH, ET. AL.,
Case No. 15-CA-1810
PARCEL 101DUE
IMMOKALEE RRH, LTD.
c/o Stephanie A. Seligman, Esq.
Stephanie.seligman@gmail.com
UNITED STATES OF AMERICA, on behalf
of the United States Department of
Agriculture [USDA], for Rural Development
c/o Colleen Murphy Davis, Esq.
USAFLM.QT@usdoj.gov
Lee County Electric Cooperative, Inc.
[Stipulated Final Judgment, Docket #73]
16.K.2.a
Packet Pg. 1732 Attachment: Joint Motion for Stipulated Final Judgment (7620 : Approve Stipulated Final Judgment in CC v. Fish, et al, Case No. 15-CA-1810)
[15-CA-1810/1450146/1]
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.: 15-CA-1810
PARCEL: 101DUE
HENRY ALLEN FISH, LLC, ET. AL.,
Respondents.
_____________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 101DUE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, IMMOKALEE RRH, LTD., by and through
their counsel, for entry of a Stipulated Final Judgment as to Parcel 101DUE for Project No. 60016,
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,
IMMOKALEE RRH, LTD., 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.2.a
Packet Pg. 1733 Attachment: Joint Motion for Stipulated Final Judgment (7620 : Approve Stipulated Final Judgment in CC v. Fish, et al, Case No. 15-CA-1810)
[15-CA-1810/1450146/1]
ORDERED AND ADJUDGED that Respondent, IMMOKALEE RRH, LTD., have and
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Two Thousand Three
Hundred and No/100 Dollars, ($2,300.00), for Parcel 101DUE, as full compensation for the
property interest taken and for damages resulting to the remainder, and for all other damages,
statutory interest, attorney fees and costs, and expert fees and costs in connection with said parcel,
and no further attorney or expert fees and costs shall be awarded in this matter; in connection with
said parcel; it is further
ORDERED that of the sum awarded above, Petitioner, COLLIER COUNTY, FLORIDA,
is entitled to a credit for the good faith estimate of value previously deposited in the amount of
One Thousand Three Hundred and No/100 Dollars, ($1,300.00), as payment for acquisition of
Parcel 101DUE, at which time title to said parcel as described in Exhibit “A” vested in the name
of the Petitioner; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay the remaining
balance of One Thousand and No/100 Dollars, ($1,000.00), to Respondent c/o Stephanie
Seligman, Esq., 600 W. Las Olas Blvd., #1201, Fort Lauderdale, FL 33312, for all attorney fees
and costs, 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 this Court reserves jurisdiction for apportionment of the funds on deposit
in the Court Registry; it is further
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.2.a
Packet Pg. 1734 Attachment: Joint Motion for Stipulated Final Judgment (7620 : Approve Stipulated Final Judgment in CC v. Fish, et al, Case No. 15-CA-1810)
[15-CA-1810/1450146/1]
ORDERED that this Stipulated Final Judgment Order disposes of all claims arising out of
the taking of Parcel 101DUE that have or could have been asserted in this cause and no further
attorney or expert fees and costs shall be awarded in this matter as to said parcel; it is further
ORDERED that the perpetual, non-exclusive drainage and utility easement interest to
Parcel 101DUE, being fully described in Exhibit “A” attached hereto and incorporated herein,
which vested in Petitioner pursuant to the Order of Taking dated January 6, 2016, and the deposit
of money heretofore made, is approved, ratified, and confirmed; it is further
ORDERED that the Amended Notice of Lis Pendens filed in the above-styled cause and
recorded in Official Record Book 5208, Page 3391 of the Public Records of Collier County,
Florida be dismissed as to Parcel 101DUE; it is further
ORDERED that the 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; it is further
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this ___ day of
January, 2019.
_______________________________________
THE HONORABLE ELIZABETH V. KRIER
Circuit Court Judge
Conformed Copies to:
Colleen M. Greene, Esq., Scott A. Stone, Esq., Co-Counsel for PETITIONER,
Colleen.Greene@colliercountyfl.gov, Scott.Stone@colliercountyfl.gov
Stephanie A. Seligman, Esq., Counsel for RESPONDENT IMMOKALEE RRH, LTD.,
Stephanie.seligman@gmail.com
Clerk’s Office, Accounting
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.2.a
Packet Pg. 1735 Attachment: Joint Motion for Stipulated Final Judgment (7620 : Approve Stipulated Final Judgment in CC v. Fish, et al, Case No. 15-CA-1810)
Exhibit "1" to Joint Motion for Stipulated Final Judgment
16.K.2.a
Packet Pg. 1736 Attachment: Joint Motion for Stipulated Final Judgment (7620 : Approve Stipulated Final Judgment in CC v. Fish, et al, Case No. 15-CA-1810)
AERIAL – PARCEL 101DUE
LAKE TRAFFORD ROAD & 19TH STREET - PROJECT NO. 60016
/
PARCEL 101DUE
16.K.2.b
Packet Pg. 1737 Attachment: Aerial Photograph of Parcel 101DUE (7620 : Approve Stipulated Final Judgment in CC v. Fish, et al, Case No. 15-CA-1810)