Agenda 10/27/2015 Item #16K1 10/27/2015 16.K.1 .
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agre
5462,500.00 as total compensation for Parcels 136FEE1 and Dement in the amount of
Collier County v. Grover C. Woody, et al., Case No. 15-CA-001936FEE2 in the case styled
part of the Golden Gate Boulevard Road Widening Project,4, which was condemned as
Impact: 5357,436.00). Project No. 60040. (Fiscal
OBJECTIVE: To settle all claims for compensation resulting
136FEE1 and 136FEE2 required for the widening of Golden Gate E from the taking of Parcels
hereinafter referred to as the "Project." oulevard, Project No. 60040,
CONSIDERATIONS: On July 30, 2015, Collier County con&
136FEE2 and deposited 5105,100.00 into the Court Registry. Pa,;mned Parcels 136FEE1 and
were whole takes of property formerly owned by the Anita F. W0Ceels 136FEE1 and 136FEE2
the east of the SE quadrant of the Neighborhood Center Subdistrict'dy Revocable Trust, lying to
Boulevard and Wilson Boulevard. The County identified this prop at the corner of Golden Gate
stormwater retention pond required for the construction of the Proerty as the best location for a
the zoning of the parcels was Estates, allowing for low density resid ect. Prior to condemnation,
estate appraiser estimated the market value of the subject property lential, and the County's real
highest and best use. However, because of its proximity to the ewith Estates residential as its
Subdistrict. the property had potential for a transitional conditional iKisting Neighborhood Center
such as churches, childcare centers or assisted living facilities. In aase allowing for development
land planning consultant claimed that the site was a candidattddition. the property owner's
management plan amendment and a rezone to commercial which for a small scale growth
increase in the value of the property. With these factors in mind, tiv ould result in a substantial
on October 2, 2015, and agreed to a global settlement of S462.500.0ne parties attended mediation
property taken, attorney's fees, expert fees and costs. When mediat0 as full compensation for all
the parties must anticipate the possible verdicts that might be rending eminent domain lawsuits,
costs associated with prosecuting a jury trial (most of which arered by a jury as well as the
authori�y). e borne by the condemning
If this settlement is approved. the County will be responsible for ar
toward the property owner and approximately S36 in recording f additional 5357.400.00 paid
Office and staff recommend approval of the attached MediatedvSrees. The County Attorney's
better result is not anticipated at trial. Upon approval. the County ettiement Agreement since a
Joint Motion and Final Judgment with the Circuit Court incorn Attorney's Office will file a
conditions as the Mediated Settlement Agreement. orating the same terms and
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: Funds in the amount of 5357.436.00 will bt
impact fees from Golden Gate Blvd Project #60040. The prim' paid from gas taxes and/or
iary funding source for the
Packet Page -160 -
10/27/2015 16.K.1 .
acquisition of right-of-way is impact fees. Should impact fees not be
particular project, the secondary funding source will be gas taxes. sufficient within a
LEGAL CONSIDERATIONS: This item has been approved as to forn
requires a majority vote for Board approval.—ERP nand legality and
RECOMMENDATION: That the Board approves the attached ME
Agreement for the taking of Parcels 136FEE1 and 136FEE2. authorizes the p;diated Settlement
stated therein, and authorizes the County Attorney's Office to file a Jointayment of funds as
Judgment incorporating the same terms and conditions. Motion and Final
Prepared By: Emily R. Pepin, Assistant County Attorney
Attachments:
1) Mediated Settlement Agreement
2) Aerial of subject property
Faccet Face -1604-
•
10/27/2015 16.K.1 .
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.1.
Item Summary: Recommendation to approve a Mediated Settlement Agreement in the
amount of$462,500 as total compensation for Parcels 136FEE1 and 136FEE2 in the case styled
Collier County v. Grover C. Woody, et al., Case No. 15-CA-00199, which was condemned as part
of the Golden Gate Boulevard Road Widening Project, Project No. 60040. (Fiscal Impact:
$357,436).
Meeting Date: 10/27/2015
Prepared By
Name: AllenDebbie
Title: Legal Office Administrator, CAO Office Administration
10/7/2015 8:27:19 AM
Submitted by
Title: Assistant County Attorney, CAO Litigation
Name: PepinEmily
10/7/2015 8:27:21 AM
Approved By
Name: KearnsAllison
Title: Manager-Financial & Operational Sort, Growth Management Department
Date: 10/7/2015 8:52:35 AM
Name: HendricksKevin
Title: Manager-Right of Way, Growth Management Department
Date: 10/7/2015 12:24:56 PM
Name: ShueGene
Title: Division Director-Operations Support,Growth Management Department
Date: 10/8/2015 1:21:53 PM
Name: AhmadJay
Title: Division Director-Transportation Eng, Growth Management Department
Packet Page-1605-
10/27/2015 16.K.1 .
Date: 10/9/2015 10:17:19 AM
Name: TaylorLisa
Title: Management/Budget Analyst. Senior, Capital Construction&Maintenance Budget/Fiscal
Date: 10/12/2015 2:02:33 PM
Name: PepinEmiiy
Title: Assistant County Attorney, CAO Litigation
Date: 10/13/2015 9:02:39 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Administration
Date: 10/13/2015 2:36:15 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/14/2015 9:40:32 AM
Name: IsacksonMark
Title: Division Director- Corp Fin &Mgmt Svc,Office of Management&Budget
Date: 10/14/2015 9:44:31 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 10/l 5/2015 9:45:46 AM
Parke: Page 4506-
10/27/2015 16.K.1.
Parcels 136FEE1 and 136FEE2
,t„ t
r�
fly # � q1
E 9tt,.-Jy ". l
r r
. e. � „N„, iGdhGavdx, x rfi„s '"
I
q
-j' "2 °� .,-b
, 'l Qom, ' -
VFW!g 'K 31G M'
v"M [^3 V-. a {h
Nsra..t_'
fl�"�$H t t... rGonmN•rooenrmucam
,1;-CA-199/1213928/1;
Packe Page-1507-
10/27/2015 16.K.1 .
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT, IN
AND FOR COLLIER COUNTY.
FLORIDA
CASE NO. : 201 5-CA-00199
COLLIER COUNTY. FLORIDA. a political
Subdivision of the State of Florida,
Petitioner.
v.
GROVER C. WOODY, III, ET AL..
Respondent.
MEDIATED SETTLEMENT AGREEMENT
As a result of a Mediation Conference held on October 2, 2015.the parties
1 Settlement y P v ,
reached the following Settlement Agreement: �� ��r e,_ 7
1. Petitioner will pay to Respondent. e• w
p , Grover C. Woody. III the sum of (c C� ill s.,
$ ``16 4., `' in full settlement of all claims for compensation
from Petitioner whatsoever, including business damages, etiog attorney's fees.
experts' fees, and costs.
I _
_. ti if i'eft�:e• • _ i-of-t tis /
II •n. s • e t7 fl • - •'C -be 1—cfi fi{`.
an - • • • •
3. I� �(di1inn try f e - . •:arenced in-P-aretrapii 1 n4 1his> t"--17
d}4-c-aSe7—
4. Counsel for Petitioner and Respondent will jointly submit to the Court for
signature a mutually approved Stipulated Final Judgment in this matter as soon as
practical hereafter,but not prior to the satisfaction of all conditions contained herein.
5. Petitioner shall be entitled to a credit in the amount of$ 11 for its
initial deposit.
6. Petitioner will pay Respondent the balance due of$ 7,:.> `� = '
Packet Page -160S-
10/27/2015 16.K.1 .
within thirty (30) days of the actual date of receipt by the Petitioner's counsel of a
conformed copy of the aforesaid Stipulated Final Judgment from the Court.
7. Attached hereto is an addendum to this Agreement.
Yes t,"r No
8. This Agreement. dated October,.-201 contains all of the agreements of
the panics.
/"
--_ •?
".., ' ' i':,_,, /j.) ,,, ''•:'-'''\' EA . ..:„..41.1)
Pet Oner/Collier County ( ,•' /Respondent, Grover c. Woo -1-.1
( -i 4 A.x.1.- --)—, ,----".(2,,. .171,--1 V. -e 1/ttj 6
Attorney tor)Petitioner, Emily R. Pepin Attorney for Resp., Bella Y. Patel
‹/ f
~---Mediator. Lawrence S. G.end icr
Packet Page 4609-