Agenda 04/11/2017 Item #16K 304/11/2017
EXECUTIVE SUMMARY
Recommendation to approve a settlement in the amount of $28,257 for the taking of Parcel
241DAME required for the Lely Area Stormwater Improvement Project, Project No. 51101,
(Crews Road, Cope Lane, and Sandy Lane/Wing South Interconnect), in the pending case styled
Collier County v. Dan A. Eby, et al., Case No. 14-CA-2374. (Fiscal Impact: $18,527)
OBJECTIVE: To settle full compensation owed for the taking of Parcel 241DAME required for the
Lely Area Stormwater Improvement Project (LASIP), Project No. 51101 (Crews Road, Cope Lane, and
Sandy Lane/Wing South Interconnect).
CONSIDERATIONS: On June 11, 2013, the Board authorized the condemnation of Parcel 241DAME
in order to construct stormwater improvements as part of Crews Road, Cope Lane, and Sandy Lane/Wing
South Interconnect portion of LASIP. On January 5, 2015, the Court entered a Stipulated Order of
Taking for the required property and the County subsequently deposited a good faith estimate of value in
the amount of $9,730 into the Court Registry. Parcel 241DAME is a 9,810 square foot perpetual, non-
exclusive Drainage, Access and Maintenance Easement, and was taken from the rear of the property
owned by Dan and Karen Eby. An aerial photograph of the subject property is attached for reference.
Through negotiations with counsel for the owners, the parties reached a settlement as to full compensation
of the property taken of $21,000, plus $3,000 for expert’s fees and $4,257 for statutory attorney’s fees, for
a total amount of $28,257. If the Board approves this item, the County will be obligated to pay the
balance of $18,527 over the previously deposited $9,730.
The County Attorney’s Office (CAO) and Transportation staff recommend that the Board approve the
attached Stipulated Final Judgment since a better result is not anticipated at trial. Upon approval, the
CAO will file the attached Joint Motion with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $18,527 are available in the LASIP Project No. 51101,
(Crews Road, Cope Lane, and Sandy Lane/Wing South Interconnect). The primary funding source for this
acquisition is within the Stormwater Capital Improvement Fund 325. Source of funds is transfers from
the General Fund (001) and Unincorporated Area General Fund (111).
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
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 settlement in the amount of $28,257 for the taking of Parcel
241DAME required for LASIP, Project No. 51101, (Crews Road, Cope Lane, and Sandy Lane/Wing
South Interconnect), in the pending case styled Collier County v. Dan A. Eby, et al., Case No. 14-CA-
2374.
Prepared By: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Aerial Photo Showing Parcel 241DAME (PDF)
2. Proposed Stipulated Final Judgment as to Parcel 241DAME (PDF)
16.K.3
Packet Pg. 1217
04/11/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 2973
Item Summary: Recommendation to approve a settlement in the amount of $28,257 for the taking
of Parcel 241DAME required for the Lely Area Stormwater Improvement Project, Project No. 51101,
(Crews Road, Cope Lane and Sandy Lane/Wing South Interconnect), in the pending case styled Collier
County v. Dan A. Eby, et al., Case No. 14-CA-2374. (Fiscal Impact: $18,527)
Meeting Date: 04/11/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
03/30/2017 11:14 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/30/2017 11:14 AM
Approved By:
Review:
Growth Management Department Lisa Taylor Additional Reviewer Completed 03/30/2017 11:22 AM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 03/30/2017 12:10 PM
Growth Management Department Jeanne Marcella Level 1 Division Reviewer Completed 03/30/2017 1:44 PM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 03/30/2017 2:01 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 03/30/2017 3:11 PM
Growth Management Department James French Additional Reviewer Completed 03/30/2017 4:08 PM
Growth Management Department Debbie Allen Level 2 Division Administrator Skipped 03/29/2017 10:41 AM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 03/30/2017 4:28 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/31/2017 8:06 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/31/2017 10:32 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 03/31/2017 1:27 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/03/2017 11:13 AM
Board of County Commissioners MaryJo Brock Meeting Pending 04/11/2017 9:00 AM
16.K.3
Packet Pg. 1218
AERIAL PHOTO OF PARCEL 241DAME (EBY) SHOWING PARCEL TAKEN
- 30’
16.K.3.a
Packet Pg. 1219 Attachment: Aerial Photo Showing Parcel 241DAME (2973 : Settlement - $28,257 - Parcel 241DAME - Lely Stormwater Improvement Project -
16.K.3.b
Packet Pg. 1220 Attachment: Proposed Stipulated Final Judgment as to Parcel 241DAME (2973 : Settlement - $28,257 -
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated
Final Judgment as to Parcel 241DAME 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 to parties as indicated on the Service List below on this _____ day of April, 2017.
BY: _______________________________
EMILY R. PEPIN, ESQ.
SERVICE LIST
COLLIER COUNTY V. DAN A. EBY, ET AL.,
Case No. 14-CA-2374
PARCEL 241DAME
DAN A. EBY and KAREN L. EBY
c/o John G. Vega, Esq.
vegaoffice@gate.net
Florida Dept. of Education [dropped 121014]
c/o Lois S. Tepper, Esq.
14-CA-2374/472
16.K.3.b
Packet Pg. 1221 Attachment: Proposed Stipulated Final Judgment as to Parcel 241DAME (2973 : Settlement - $28,257 - Parcel 241DAME - Lely Stormwater
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.: 14-CA-2374
v.
PARCEL: 241DAME
DAN A. EBY; KAREN L. EBY; Florida
Department of Education; James E. Poole, Jr.;
Filomena A. Poole; Larry Ray, Collier County
Tax Collector; and Skilac13, LLC;
Respondents.
[Respondents & Parcels reflected in italics indicate removal
from action by Dismissal, Final Judgment, or Default]
_____________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 241DAME
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, DAN A. EBY, and KAREN L. EBY, by
and through counsel, for entry of a Stipulated Final Judgment as to Parcel 241DAME for Project
No. 51101, 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
Respondents, DAN A. EBY, and KAREN L. EBY, 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.3.b
Packet Pg. 1222 Attachment: Proposed Stipulated Final Judgment as to Parcel 241DAME (2973 : Settlement - $28,257 - Parcel 241DAME - Lely Stormwater
ORDERED AND ADJUDGED that Respondents, DAN A. EBY, and KAREN L. EBY,
have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Twenty
One Thousand and No/100 Dollars ($21,000.00) for Parcel 241DAME, as full payment for the
property interest taken and for any damages resulting to the remainder, if less than the entire
property was taken, improvements in the take, costs to cure, and for all other damages, in
connection with said parcel; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay Seven
Thousand Two Hundred Fifty Seven and No/100 Dollars, ($7,257.00) to Respondents for all
attorney’s fees, expert fees and costs, and no other attorney’s or expert fees or costs shall be
awarded in this case; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for
the good faith estimate of value previously deposited in the amount of Nine Thousand Seven
Hundred Thirty and No/100 Dollars ($9,730.00), as payment for acquisition of Parcel
241DAME, 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 Nine Thousand Seven Hundred
Thirty and No/100 Dollars ($9,730.00) to John G. Vega, P.A., c/o John G. Vega, Esq., 2666
Airport Road South, Naples, FL 34112; it is further
ORDERED that within thirty (30) days hereof, Petitioner shall pay the total sum of
Eighteen Thousand Five Hundred Twenty Seven and No/100 Dollars ($18,527.00), to John
G. Vega, P.A., c/o John G. Vega, Esq., 2666 Airport Road South, Naples, FL 34112, in
additional funds over the amount previously deposited into the Court Registry; it is further
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.3.b
Packet Pg. 1223 Attachment: Proposed Stipulated Final Judgment as to Parcel 241DAME (2973 : Settlement - $28,257 - Parcel 241DAME - Lely Stormwater
ORDERED that this Order disposes of all claims arising out of the taking of Parcel
241DAME and that have or could have been asserted in this cause; it is further
ORDERED that the perpetual, non-exclusive Drainage, Access and Maintenance
Easement interest to Parcel 241DAME, being fully described in Exhibit “A” attached hereto and
incorporated herein, which vested in Petitioner pursuant to the Stipulated Order of Taking dated
January 5, 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 5090, Page 1106 of the Public Records of Collier County, Florida be
dismissed as to Parcel 241DAME; 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 April, 2017.
_______________________________________
THE HONORABLE LAUREN L. BRODIE
Circuit Court Judge
Conformed Copies to:
Emily R. Pepin, Esq., Counsel for PETITIONER, emilypepin@colliergov.net
John G. Vega, Esq., Counsel for Respondents, DAN A. EBY, and KAREN L. EBY,
vegaoffice@gate.net
Clerk’s Accounting
Exhibit “1” to Joint Motion for Stipulated Final Judgment
16.K.3.b
Packet Pg. 1224 Attachment: Proposed Stipulated Final Judgment as to Parcel 241DAME (2973 : Settlement - $28,257 - Parcel 241DAME - Lely Stormwater
Exhibit "1" to Joint Motion for Stipulated Final Judgment
16.K.3.b
Packet Pg. 1225 Attachment: Proposed Stipulated Final Judgment as to Parcel 241DAME (2973 : Settlement - $28,257 - Parcel 241DAME - Lely Stormwater
Exhibit "1" to Joint Motion for Stipulated Final Judgment
16.K.3.b
Packet Pg. 1226 Attachment: Proposed Stipulated Final Judgment as to Parcel 241DAME (2973 : Settlement - $28,257 - Parcel 241DAME - Lely Stormwater