Agenda 06/24/2014 Item #16K36/24/2014 16.K.3.
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $3,500 for all
costs associated with the taking of Parcel 134TDRE for the construction of Oil Well Road
(Project No. 60044) in the case styled Collier County v Christopher Link, et al., Case No. 07-
4218-CA. (Fiscal Impact: $3,570)
OBJECTIVE: To settle the compensation due for the taking of Parcel 134TDRE in the case
styled Collier County v. Christopher Link, et al.
CONSIDERATIONS: On January 9, 2008, an Order of Taking was entered and $100 was
deposited for the taking of Parcel 134TDRE, which was required for the improvement to Oil
Well Road, Project No. 60044. The owners were concerned with the construction plans for the
rebuild of their driveway. County staff agreed to the widening of their driveway apron beyond
what was originally contemplated in the construction plans to provide for adequate ingress and
egress onto their property. In succeeding with obtaining a redesign of the project to suit his
clients' needs, opposing counsel would have been entitled to attorney's fees for what is called a
"non- monetary benefit" under Section 73.092(1)(b), Florida Statutes. The County is also
required to compensate all experts employed by the property owners.
Staff is recommending a counteroffer of $3,500, for all costs associated with the taking of Parcel
134TDRE, including all attorney's fees and costs and experts' fees pursuant to Sections 73.091
and 73.092.
The cost to the County if the counteroffer is accepted is summarized as below:
Additional Funds Owed: $3,400
Clerk's Deposit Fee: $170
Total: $3,570
Considering the cost of going to trial, the County Attorney's Office and Staff are recommending
this counteroffer in order to settle all claims associated with the taking of Parcel 134TDRE.
FISCAL IMPACT: Funds in the amount of $3,570 are available in Transportation gas taxes
and /or impact fees. Project: Oil Well Road Segment 1. Operating and maintenance costs were
considered when the construction contract was brought before the Board for approval.
LEGAL CONSIDERATIONS: This item has been approved as to fonn and legality and
requires majority vote for approval. — ERP
RECOMMENDATION: That the Board of County Commissioners approve a Stipulated Final
Judgment in the amount of $3,500 as full and final compensation, including all claims of
severance damages, attorney fees and all other costs associated with the taking of Parcel
134TDRE for the construction of the improvements to Oil Well Road (Project No. 60044).
Prepared by: Emily R. Pepin, Assistant County Attorney
07- 4218- CA/828
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6/24/2014 16.K.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16. K. 16. K. 3.
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount
of $3,500 for all costs associated with the taking of Parcel 134TDRE for the construction of Oil
Well Road (Project No. 60044) in the case styled Collier County v. Christopher Link, et al., Case
No. 07- 4218 -CA. (Fiscal Impact: $3,570)
Meeting Date: 6/24/2014
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, CAO Office Administration
6/9/2014 4:29:27 PM
Approved By
Name: TaylorLisa
Title: Management/Budget Analyst, Transportation Administration
Date: 6/12/2014 10:24:33 AM
Name: ShueGene
Title: Director - Operations Support, Transportation Administration
Date: 6/12/2014 12:13:57 PM
Name: HendricksKevin
Title: Manager - Right of Way, Transportation Engineering & Construction Management
Date: 6/12/2014 2:59:20 PM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Transportation Administration
Date: 6/12/2014 3:58:28 PM
Name: AhmadJay
Title: Director - Transportation Engineering, Transportation Engineering & Construction Management
Date: 6/16/2014 10:53:20 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
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Date: 6/16/2014 11:25:07 AM
Name: MarcellaJeanne
6/24/2014 16. K. 3.
Title: Executive Secretary, Transportation Planning
Date: 6/16/2014 11:39:14 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/16/2014 1:13:10 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 6/16/2014 1:51:48 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 6/16/2014 2:25:56 PM
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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.
CHRISTOPHER LINK, et al.,
Respondents.
Case No. 07- 4218 -CA
Parcel(s): 134TDRE
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
The parties hereby stipulate and respectfully request this Court to enter the foregoing
Stipulated Final Judgment as to Parcel 134TDRE attached hereto at Exhibit "A ".
Dated:- Dated:
_,.�, .._ EMILY R PEPIN, ESQUIRE
Florida Bar No.3�9i36' -7 ` ` qq Florida Bar No. 92956
BROAD AND CASSEL COLLIER COUNTY ATTORNEY'S OFFICE
P.O. Drawer 11300 3299 Tamiami Trail East, Suite 800
Tallahassee, Florida 32302 Telephone: (239) 252 -8400
Telephone: (850) 681 -6810 emilypepin@collier og v.net
_ m kathynellcrotteau (a- )colliergov.net
ATTORNEY FOR RESPONDENTS , nancybradleypa collier ov.net
l�oz^^�� Ztas� •+mot C �^- ATTORNEY FOR PETITIONER
COLLIER COUNTY, FLORIDA
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was filed
with the Clerk of Court, using the Florida Courts E- Filing Portal, and that a true and correct copy
was furnished via Electronic Mail and/or U.S. Mail this day of , 2014
to all parties listed on the attached Service List as indicated.
Via Email
Jack W. Craft, Jr.
James Craft
c/o Charles S. Stratton, P.A.
Gino Luzietti, Esq.
Broad & Cassel
P.O. Drawer 11300
Tallahassee, FL 32302
cstrattonna broadandcassel.com
;luzietti@broadandcassel.com
Via Regular US Mail
David R. Kading
8680 S. Forest Drive
Highlands Ranch, CO 80126
Via Regular US Mail
Gregory J. Kading
8680 S. Forest Drive
Highlands Ranch, CO 80126
07- 4218- CA/825
EMILY R. PEPIN, ESQUIRE
2
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EXHIBIT A
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. 07- 4218 -CA
V.
CHRISTOPHER LINK, et al., Parcel(s): 134TDRE
Respondents.
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner
COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents,
JACK CRAFT, JR and JAMES CRAFT, by and through their undersigned counsel for entry of a
Stipulated Final Judgment as to Parcel 134TDRE, 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, COLLIER COUNTY, FLORIDA, is the full compensation due Respondents, and the
Court being otherwise fully advised in the premises thereof, it is thereupon,
ORDERED AND ADJUDGED that:
1. Respondents have and recover from the Petitioner, COLLIER COUNTY,
FLORIDA, the sum of Three Thousand Five Hundred and No /100 Dollars ($3,500.00) inclusive
of full compensation, statutory interest, all attorney fees, except attorney's fees for
apportionment, including compensation for all non - monetary benefits to the Respondents,
business damages, and expert fees and costs in connection with said parcel.
2. Except as provided herein, no additional fees or costs shall be awarded to
Respondents.
3. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit in the amount
of One Hundred and No /100 Dollars ($100.00) which was deposited into the registry of the clerk
of the Circuit Court pursuant to and Order of Taking dated January 9, 2008.
1
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6!24/2014 16.K.3.1
4. Within thirty (30) days, Petitioner COLLIER COUNTY, FLORIDA, shall deposit
an additional Three Thousand Four Hundred and No /100 Dollars ($3,400.00) into the registry of
the Court.
5. Title to Parcel 134TDRE, being fully described in Exhibit "A" attached hereto
and incorporated herein, which vested in Petitioner, COLLIER COUNTY, FLORIDA, pursuant
to the Order of Taking dated January 9, 2008 and the deposit of money heretofore made, is
approved, ratified, and confirmed.
6. The Notice of Lis Pendens filed in this action and recorded in Official Record
Book 4300, Page 2512, et seq., of the Public Records of Collier County, Florida is dismissed as
to Parcel 134TDRE.
7. This Court reserves jurisdiction for apportionment of the funds on deposit,
attorney's fees relating to apportionment and to enforce the terms of this Final Judgment.
8. This Final Judgment is to be recorded in the Official Records of Collier County,
Florida.
IT IS THEREFORE DONE AND ORDERED in Chambers in Naples, Collier County,
Florida this day of
Conformed Copies to:
Emily R. Pepin, Esquire
Gino Luzietti, Esquire
Jack Craft, Jr., Owner
James Craft, Owner
Kevin Hendricks, Transportation ROW Acquisition Manager
Bookkeeping
0711218- CA/824
2014.
HONORABLE LAUREN L. BRODIE
CIRCUIT COURT JUDGE
2
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EXHIBIT,_
Page"_ _ of_
LEGAL DESCRIPTION AND SKETCH
Temporary Driveway Restoration Easement Parcel No. 134 TDRE
(This Is not a Field Survey)
DESCRIPTION
The East 35.0 feet of the West 167.0 feet of the North 15.0 feet of
Tract 97A, Golden Gate Estates, Unit No. 64, as recorded In Plat
Book 7, Page 64 of the Public Records of Collier County, Florida.
Containing 540.0 square feet, more or less.
N 89'40'50" W 330.0'
BEARINGS AND DIMENSIONS SHOWN ARE
BASED ON THE PLAT OF GOLDEN GATE
ESTATES, UNIT 64, COLLIER COUNTY, FL.
OIL WELL RD. (C.R. 858)
LEGAL DESCRIPTION AND SKErC H PREPARED BY M014NLORE£D, PA
STATE OF FLORIDA CERTIFICATE OF AVTHORIZ MON No, LB e58e.
CLIENr; COLLIER CO. CFI?.M>-nt
I
PROJECT: OIL WELL ROAD
(100, R"
EXISTING
RIGHT -OF -WAY LINE S 8931'10" E 330.0'
GATE: APTTL t6, 2007
131.0' 15.0' J�� 15.0'
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8241 ARO WAY
FORT 2 `
-"
TEMPORARY DRNNO
LO
RESTORATION EASEMENT
N
i
PJRATIQN- 3 YEAR$ •
,po-
N
N
TEMPORARY DRIVEWAY
RESTORATION EASEMENT
NOT TO SCALE
w
NO, 134 TDRE
o
(540.Ot SQUARE FEET)
o
m
O
TRACT 97A
M
o
z
In
N 89'40'50" W 330.0'
BEARINGS AND DIMENSIONS SHOWN ARE
BASED ON THE PLAT OF GOLDEN GATE
ESTATES, UNIT 64, COLLIER COUNTY, FL.
J
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SHEET 1 OF 1
LEGAL DESCRIPTION AND SKErC H PREPARED BY M014NLORE£D, PA
STATE OF FLORIDA CERTIFICATE OF AVTHORIZ MON No, LB e58e.
CLIENr; COLLIER CO. CFI?.M>-nt
I
PROJECT: OIL WELL ROAD
JEFFAEYM, VILL, - PROFMIONALSLIWE(OR AND VAPPER
STATE OF FLDRIDA REGISTRATION LICENSE No. LS 8350
GATE: APTTL t6, 2007
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8241 ARO WAY
FORT 2 `
-"
Cam' ,1� �^y,'.��- y��
8875 Fox (239) 76.70
NVM4 C.LWL.tL PHONE: (230) 276.5878 F�fc (23� 2767028
FLORIDA 0ERTVW kTE OF AVTHOARATION No. LS 6688
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