Agenda 12/08/2015 Item #16K512/8/2015 16. K. 5.
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement providing for a global
settlement in the amount of $35,000 for Parcel 143DAME in the case styled Collier County
v. April L. Chappell, et al., Case No. 10- 3932 -CA, taken as part of the Royalwood/Whitaker
portion of the Lely Area Stormwater Improvement Project, Project No. 51101. (Fiscal
Impact: $31,860).
OBJECTIVE: To settle full compensation due for the taking of Parcel 143DAME required for
the Lely Area Stormwater Improvement Project, Project No. 51101 ( "LASIP ").
CONSIDERATIONS: On October 27, 2010, Collier County condemned Parcel 143DAME and
deposited a good faith estimate of value of $3,350.00 into the Court Registry. Parcel 143DAME
is a ten -foot wide drainage, access, and maintenance easement along the north side of Whitaker
Road over property owned by April L. Chappell to be used for drainage improvements as a part
of LASIP. See attached photographs of the subject property. The County's estimate included the
cost of land was well as minor site improvements. This case was set for trial beginning January
12, 2016. Prior to mediation, the property owner's real estate appraiser estimated compensation
to the owner of $48,400 for the land taken as well as severance damages to the remainder. If this
parcel were to continue to trial, the property owner would have put on testimony of damages
resulting from negative drainage, as well as a diminution of value from the construction of a weir
and guardrail in front of the subject property.
At mediation the parties agreed to a global settlement in the amount of $35,000 for all costs
associated with the taking of Parcel 143DAME including land taken, severance damages,
improvements, statutory interest, attorney's fees, expert fees and costs. If approved, the County
will also be responsible for a $170 Clerk's deposit fee and roughly $40 in recording fees. The
County Attorney's Office and staff recommend approval of the attached Mediated Settlement
Agreement setting forth such terms since a better result is not expected at trial and the County is
responsible to bear the cost of litigating such matters.
Upon approval, the County Attorney's Office will file a Joint Motion for Stipulated Final
Judgment with the Circuit Court incorporating the same terms and conditions as the attached
Mediated Settlement Agreement.
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: Funds in the amount of $31,860.00 are available in Stormwater Capital
Improvement Fund 325, LASIP Project 51101.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires a majority vote for Board approval. — ERP
RECOMMENDATION: That the Board of County Commissioners approves the attached
Mediated Settlement Agreement for the taking of Parcel 143DAME and authorizes the payment
of funds as stated herein.
[ 1 0- 3932- CA/1225417/1 ]
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12/8/2015 16.K.5.
Prepared By: Emily R. Pepin, Assistant County Attorney
Attachments: (1) Mediated Settlement Agreement
(2) Photographs of Parcel 143DAME
10- 3932- CA/4999
[I 0-3932-CA/I 225417/1]
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12/8/2015 16.K.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.5.
Item Summary: Recommendation to approve a Mediated Settlement Agreement
providing fora global settlement in the amount of $35,000 for Parcel 143DAME in the case
styled Collier County v. April L. Chappell, et al., Case No. 10- 3932 -CA, taken as part of the
Royalwood /Whitaker portion of the Lely Area Stormwater Improvement Project, Project No.
51101. (Fiscal Impact: $31,860).
Meeting Date: 12/8/2015
Prepared By
Name: A1lenDebbie
Title: Legal Office Administrator, CAO Office Administration
11/25/2015 9:00:42 AM
Submitted by
Title: Assistant County Attorney, CAO Litigation
Name: PepinEmily
11/25/2015 9:00:44 AM
Approved By
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 11/30/2015 8:15:34 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/30/2015 9:08:12 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 11/30/2015 2:37:16 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
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Date: 11/30/2015 3:24:08 PM
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Photographs of Parcel 143DAME
Aerial View of Parent Tract
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View of Guardrail and Ditch from Whitaker Road
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View of Guardrail and Drainage Structure looking east from Whitaker Road
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View of Drainage Structure looking west from Whitaker Road
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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.
APRIL L. CHAPPELL, et al.,
Case No. 10- 3932 -CA
Parcel 143DAME
Respondents.
MEDIATED SETTLEMENT AGREEMENT
At a Mediation Conference held on Tuesday, November 24, 2015, the parties
reached the following Settlement Agreement.
1. Petitioner, COLLIER COUNTY ( "Petitioner "), will pay to Respondent,
aL
APRIL L. CHAPPELL ( "Respondent ") the sum of $ � -S pUL� /&v in fiill
settlement of all claims for compensation from Petitioner whatsoever, including statutory
interest and all claims related to real estate and business damages, if any,
�( attorney's fees and expert witness costs. The settlement sum may be subject to claims of
apportionment by any parry in this case having a property interest in or a lien on the
subject property.
2. Petitioner is entitled to a credit in the amount of $3,350.00, which was
previously deposited in the registry of the Court in this case by Petitioner.
3. 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.
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• 12/8/2015 16. K. 5.
4. In addition the se ment am o t referenced ' paragraph I of this
Settlement Agreem , Petiti er will pa o the trust ac unt of Respo enfs attorney
the sum of i 11 settlement d satisfaction o 1 /J
alto y's fees 'ncluding a ees related to netary benefit non- monetary b efits andyl�
upple ntal proceedi gs, if any, and a attorney litiga 'on costs in this c e.
5. In a tion to the abov referenc settle nt sum d the above -
referenced att ey's fee d atto ey's liti tion cos , Petition ill pay to the st
accoun of Respo ent's at mey the sum of in full
ttlement satisfacti of all ex ert witne costs incurs d by Responde in this ease.
S _ r Counsel for Petitioner and Respondent will jointly submit to the Court a
mutually approved Stipulated Final Judgment containing the terms and conditions of this
Settlement Agreement within thirty (30) days of the date of this Settlement Agreement.
. -7"-- This Settlement Agreement, executed by the parties and their counsel on
November 24, 2015, contains all of the agreements of the parties.
`7, 9-"- Settlement of this case is conditioned upon final approval by Collier
County Board of County Commissioners.
ttached hereto is an add dum to this agreement: Yes No.
r
CO E OUN
{ By:
YgWin endn , APRIL L. CHAPPELL, R s ondent
ROW Acquisition Manager
LL
Emily l. IkWin 9 ire LEWIS E. GARLISI, Esquire
Attorney or of my Attorney for Respondent
a�x
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