Agenda 05/28/2013 Item #16A3 5/28/2013 16.A.3.
EXECUTIVE SUMMARY
Recommendation to ratify and approve a stipulated Final Judgment as to Parcel 106FEE, et al, as
part of the US-41 / Collier Boulevard Intersection Improvement project (Project No. 60116) Fiscal
Impact: $5,455
OBJECTIVE: To settle the lawsuit styled Collier County v. KRG 951 & 41, LLC., et al, as to Parcels
106FEE and 106TCE(Embarq Florida, Inc., a Florida corporation d/b/a Century link, f/k/a Sprint-Florida,
Incorporated, successor by merger to United Telephone Company of Florida.) and eliminate exposure to
further costs arising out of extended litigation.
CONSIDERATIONS: The above referenced parcels were taken by Collier County for the purpose of
constructing at-grade improvements to the intersection of US41 and Collier Boulevard via the entry with
the circuit court of a stipulated Order of Taking and the deposit into the court registry of$203,000 (the
estimate of full compensation according to the County's real estate appraiser). The County's appraiser
included in his appraisal a payment to the owner to"cure"the loss of the parking lot that is wholly within
the taking, i.e.,to replace the lost parking elsewhere on the remainder property.
However, Century Link staff has requested that the County's contractor replace the lost parking as part of
our intersection improvement construction project. Therefore, a credit is being returned to the County
since Embarq was already paid to replace the parking lot themselves.
The parties have long known that the right-of-way being taken for the project would wipe out the existing
parking lot on the west side of Embarq's unmanned switching station located on the east side of Collier
Boulevard just south of the intersection at US-41, and that the parking would have be restored somehow.
The plan being recommended is for the County to pay Embarq $148,600 for the land and improvements
within the take area and another$31,624 so that Embarq could pay the engineering firm of Ash Engineers
to develop plans and specifications that the County's contractor could follow to re-establish the lost
parking as part of our roadway construction project. Subtracting these amounts from the County's
deposit into the court registry of $203,000 yields a credit of $22,776 that the court will return to the
County.
FISCAL IMPACT: Since the engineer's estimate of the probable cost of the parking lot restoration has
been updated to $28,000 the net fiscal impact to the County of this settlement proposal is estimated to be
$5,224, recording fees of$61, and the Clerk's Service Fee of$170, for a total of$5,455. Source of funds
are impact fees.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the
approval of this agenda item.
LEGAL CONSIDERATIONS: This item has been reviewed for form and legality and requires majority
vote for approval. -JW
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida, approve
entry of the attached Stipulated Final Judgment with the Circuit Court.
Prepared by: Kevin Hendricks, Right-of-Way Acquisition Manager
Attachment: Stipulated Final Judgment with legal description attached thereto.
Packet Page -394-
5/28/2013 16.A.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.3.
Item Summary: Recommendation to ratify and approve a stipulated Final Judgment as to
Parcel 106FEE, et al, as part of the US-41/Collier Boulevard Intersection Improvement project
(Project No. 60116) Fiscal Impact: $5,455
Meeting Date: 5/28/2013
Prepared By
Name: HendricksKevin
Title: Manager-Right of Way,Transportation Engineering
3/8/2013 4:23:09 PM
Approved By
Name: LynchDiane
Title: Administrative Assistant
Date: 4/25/2013 2:01:44 PM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 4/30/2013 11:08:55 AM
Name: AhmadJay
Title: Director-Transportation Engineering,Transportation Engineering&Construction Management
Date:4/30/2013 12:15:12 PM
Name: ShueGene
Date: 4/30/2013 12:34:17 PM
Name: KearnsAllison
Date: 5/7/2013 8:58:59 AM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 5/14/2013 10:32:06 AM
Name: MarcellaJeanne
Packet Page-395-
5/28/2013 16.A.3.
Title: Executive Secretary,Transportation Planning
Date: 5/15/2013 2:14:55 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 5/17/2013 9:37:36 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/17/2013 11:11:46 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 5/19/2013 10:29:11 AM
osokk
Packet Page -396-
5/28/2013 16.A.3.
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.:2013-CA-0178
vs. Parcels: 106FEE,106TCE
KRG 951 &41,LLC.an Indiana limited
liability company;EMB' ARQ FLORIDA,INC.,
a Florida corporation d/b/a Centurylink, f/k/a
Sprint-Florida. Incorporated,successor by
merger to United Telephone Company of
Florida;THE BANK OF NEW YORK
MELLON TRUST COMPANY,N.A., a
national association;BARRON COLLIER
RESOURCES,LLLP,a Florida limited liability
limited partnership;COLLIER LAND AND
CATTLE CORPORATION,a Florida
corporation;LARRY H.RAY,as Collier
County Tax Collector,
Respondents.
STIPULATED FINAL JUDGMENT AS TO PARCELS 1O6FEE AND 1O6TCE
WITH DISBURSEMENT ORDERS TO CLERK
THIS CAUSE came before the Court upon the Joint Motion for Entry of Stipulated Final
Judgment as to Parcels 106FEE and 106TCE ("Joint Motion") filed by Petitioner. COLLIER
COUNTY ("COUNTY"), and Respondent, ElvLBARQ FLORIDA, INC, a Florida corporation
d/b/a Centurylink, f/k/a Sprint-Florida. Incorporated, successor by merger to United Telephone
Company of Florida ("OWNER"). The Court having reviewed the record and it appearing that
the parties hereto were authorized to enter into the Joint Motion and that the papers filed herein
by COUNTY are in proper and sufficient form, and the Court finding that the compensation to be
Page 1 of 7
Packet Page -397-
5/28/2013 16.A.3.
paid by COUNTY is full,just and reasonable for all parties concerned, and being otherwise fully
advised in the premises, it is hereby
ORDERED and ADJUDGED that:
1. All parties have been properly served with process or otherwise have submitted
themselves to this Court's jurisdiction. The Court has jurisdiction over the parties and the
subject matter of this cause pursuant to Florida Statutes, Chapters 73, 74 and 127.
2. COUNTY and OWNER each stipulate to the entry of this Final Judgment as to
Parcels 106FEE and 106TCE.
3. As set forth in the Court's March 4. 2013 Order of Taking, as to Parcels 106FEE
and 106TCE (''Order of Taking"). COUNTY's good faith estimate of the value of Parcels
106FEE and 106TCE is TWO HUNDRED THREE THOUSAND AND NO/100 Dollars
($203,000.00).
4. Pursuant to Fla. Stat. §74.051(2) and the Order of Taking, COUNTY timely
deposited the sum of TWO HUNDRED THREE THOUSAND AND NO/100 Dollars
($203,000.00) into the court registry on March 18, 2013. being the amount of COUNTY's good
faith estimate of the value of Parcels 106FEE and 106TCE, and thereupon COUNTY became
vested with such fee simple interests and temporary construction easements in and to Parcels
I06FEE and 106TCE as described in the Order of Taking and in Schedules 1, II, Ill and IV
attached thereto. Said Order of Taking is hereby ratified and confirmed, and incorporated herein
by this reference.
5. Respondent, THE BANK OF NEW YORK MELLON TRUST COMPANY,
N.A.,has released its interest in Parcels 106FEE and 106TCE and has been dropped as a party in
this action.
Page 2 of 7
Packet Page -398-
5/28/2013 16.A.3.
6. Based upon the foregoing, it is proper that this Final Judgment as to Parcels
106FEE and 106TCE should enter in favor of COUNTY and against the respondents named in
the Petition in Eminent Domain as their interests may appear.
7. The Joint Motion is GRANTED and is incorporated by reference into this Final
Judgment.
8. COUNTY and OWNER nree that OWNER shall recover from COUNTY the
total sum of ONE HUNDRED FORTY-EIGHT THOUSAND SIX HUNDRED AND NO/100
DOLLARS (5148.600.00), in full compensation for the property interests taken, improvements
taken, severance damages, cure costs and all other damages or compensation claimed by or
through OWNER, its successors and assigns, now and in the future arising from the taking of
Parcels 106FEE and 106TCE in this cause, subject to the possible payment of any unpaid pro-
rated ad valorem taxes assessed against said Parcels through the date of taking. The
aforementioned compensation paid by COUNTY includes full payment of all of OWNER's
attorneys' fees and costs expended or incurred in this cause by or on behalf of OWNER, but
excludes such litigation costs expended or incurred in this cause by or on behalf of OWNER as
are awarded in paragraph 11 below.
9. Pursuant to the Joint Motion, within sixty (60) days of the entry of this Final
Judgment, OWNER shall provide COUNTY plans and specifications sufficient for COUNTY to
reconstruct such portion of the parking lot taken by COUNTY on OWNER's remaining property
as OWNER requests at a location and to the specifications indicated in such plans. Thereafter,
during the course of construction of the Intersection Capacity Improvements SR 90 (US 41) and
SR/CR 951 Project, at no expense to OWNER, the COUNTY shall cause the aforementioned
parking lot to be reconstructed at a location and to the specifications indicated in such plans.
Page 3 of 7
Packet Page-399-
5/28/2013 16.A.3.
COUNTY, its agents and assigns are hereby granted all rights of entry to enter upon OWNER's
property as may be necessary to implement such site modifications. OWNER shall fully
cooperate with the COUNTY, its agents, or assigns in the implementation of the aforementioned
site modifications. Likewise, COUNTY shall maintain continuous reasonable access to
OWNER's property throughout construction. However, if OWNER fails to timely provide
COUNTY with the plans and specifications described above, COUNTY has no obligation to
reconstruct the aforementioned parking lot until OWNER reimburses COUNTY any fees or costs
associated with the delinquency (e.g. change order fees, standby charges, etc.). Notwithstanding
any other provision of this paragraph, if one hundred twenty (120) days elapses following the
entry of this of this Final Judgment and OWNER has either failed to provide COUNTY with the
plans and specifications described above, or OWNER has failed to pay to COUNTY all fees or
costs associated with delinquently providing COUNTY with the aforementioned plans and
specifications, COUNTY shall be wholly relieved of its obligation to perform under this
paragraph.
10. Pursuant to the Joint Motion, OWNER and its counsel have each agreed that no
nonmonetary benefits have been achieved in this cause and thereby have waived any additional
claim for attorney's fees or costs against Petitioner in this cause as to Parcels 106FEE and
106TCE. Such stipulation is hereby ratified and incorporated into this judgment.
11. Pursuant to the Joint Motion, the sum of THIRTY-ONE THOUSAND SIX
HUNDRED TWENTY-FOUR AND NO/100 DOLLARS ($31,624.00) is hereby taxed against
Petitioner as and for all litigation costs, expended or incurred in this cause by or on behalf of
OWNER, including but not limited to all expert fees, engineering fees, appraisal services and
costs.
Page4of7
Packet Page-400-
5/28/2013 16.A.3.
12. COUNTY shall be and is hereby credited the sum of TWO HUNDRED THREE
THOUSAND AND NO/100 Dollars ($203,000.00) deposited into the court registry on March
18, 2013 pursuant to the Order of Taking. Such sum is sufficient to satisfy the awards made
herein.
13. Without further order of this Court, the Clerk of this Court shall forthwith pay to
OWNER the total sum of ONE HUNDRED EIGHTY THOUSAND TWO HUNDRED
TWENTY-FOUR AND NO/100 DOLLARS ($180,224.00), less any unpaid pro-rated ad
valorem taxes assessed against Parcels 106FEE and 106TCE through the date of taking.
Immediately upon issue, the Clerk shall mail its check payable to the Trust Account of Mitchell
I. Kitroser, P.A. to Mitchell I. Kitroser, Esq., Mitchell 1. Kitroser, P.A., 8895 North Military
Trail, C-201, Palm Beach Gardens, Florida, 33410, for disbursement in accordance with this
judgment.
14. Without further order of this Court,the Clerk of this Court shall forthwith pay to
COUNTY the total sum of TWENTY-TWO THOUSAND SEVEN HUNDRED SEVENTY-
SIX DOLLARS AND NO/100 DOLLARS ($22,776.00), being the excess amount of
COUNTY's deposit described in paragraph 4 above that remains in the registry of the Court
following the payment to OWNER of the amount set forth in paragraph 13 above. Immediately
upon issue, the Clerk shall mail its check payable to the Trust Account of Smolker, Bartlett,
Schlosser, Loeb-& Hinds, P.A. to Jeffrey L. Hinds, Esq., Smolker, Bartlett, Schlosser, Loeb &
Hinds, P.A., 500 East Kennedy Blvd., Suite 200, Tampa, Florida 33602, for delivery to
COUNTY.
15. The interest, if any, related to the deposit(s)referenced herein shall be distributed
pursuant to the formula set forth in Fla. Stat. §74.051.
Page 5 of 7
Packet Page -401-
5/28/2013 16.A.3.
16. There is no other or further compensation, damages, attorneys' fees and costs or
experts' fees and costs due from COUNTY to OWNER in this matter as to Parcels 106FEE and
106TCE.
IT The Court retains jurisdiction for determination of unpaid taxes and for
enforcement of the terms of this Final Judgment as may be necessary.
DONE and ORDERED in chambers in Collier County, Florida on this day of
,2013.
FREDERICK R.HARDT
CIRCUIT COURT JUDGE
Copies furnished to:
Jeffrey L. Hinds, Esquire
Steven W. Young,Esquire
Mitchell I.Kitroser,Esquire
The Bank of New York Mellon Trust Company
Larry H. Ray, Collier County Tax Collector
Page 6 of 7
Packet Page-402-
5/28/2013 16.A.3.
LN 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.:2013-CA-0178
vs.
Parcels: 106FEE,106TCE
KRG 951 &41,LLC,an Indiana Iimited
liability company,et al.,
Respondents.
JOINT MOTION FOR ENTRY OF STIPULATED FINAL JUDGMENT
AS TO PARCELS 106FEE AND 106TCE
Petitioner, COLLIER COUNTY,and Respondent,EMBARQ FLORIDA, INC., a Florida
corporation d/b/a Centurylink,f/k/a Sprint-Florida, Incorporated,successor by merger to United
Telephone Company of Florida, by and through their undersigned counsel, hereby stipulate and
jointly move that the Court enter the foregoing Stipulated Final Judgment as to Parcels 1061-EE
and 106TCE.
Mitchell I.Kitroser,Esq. Jeffrey L.Hinds,Esq.
MITCHELL I.KITROSER,P.A. SMOLKER BARTLETT,SCHLOSSER,
8995 North Military Trail,C-20 LOEB&HINDS,P.A.
Palm Beach Gardens,Florida 33410 500 East Kennedy Blvd., Suite 200
(561) 721-0600 Tampa,Florida 33602
FBN: 995134 (813)223-3888
Counsel for EMBARQ FLORIDA,INC. FBN:0008710
Special Counsel to the Petitioner
rI
Dated this �S> day of April,2013. Dated this day of April,2013.
Page 7 of 7
Packet Page-403-
5/28/2013 16.A.3.
LOCATION MAP SHOWING PARCELS 106FEE & 106TCE
. . ..,•
4, --,.._.„.......
,, /
.. I
...J
r-
I
TAKING FROM EMBARQ I ~^'
UNMANNED SWITCHING ' ►�,
STATION (PARCELS I .'N.
106FEE AND 106TCE) ,.,
1
-441 I
f;:
gli 21 in
v,„.
�'
70/N2...,7 I
II
I
'444Cre. Opal II
II
NN\s,_ ------,,,
_1 I
Packet Page-404-
5/28/2013 16.A.3.
P' I ' THIS IS NOT A .SURVEYS {`
L y
1 rot. "` 1 "., t i p. ..
-77,,Rp `
0 20 .40 n ;:
GRAPHIC SCALE rF. , . . :.
- I �` , •
•
nk'F.. s
.'f .µ`t t rye,✓
J `.-'�.
:f'
1,:....014.5 .,. ; s a y fa7GRW ",.;
I
t Y .•
D I 41. _ YES `' '
Ir) a o', FEE , �I :. k
I I FEE ;
I 4i ce_ r
L� 1 zl ' - - r 46;45.Vd--'1 17'
.eat, v .a >� i1# — }+ ,t;, .
1 ••
`' . .. I .F ; U NI, E' .:, w
r: v.y I L; ' .� [ t� ..
1', f �I ''''',..1:‘ 4 7 .'
.A I. i : '' _ " L't'
I/ / I. w
- V,•I i li i- :::,tif1r1.?“!.• : ''' L''''--
w
fry 0 4�, Ems: n t`, r,�
i
1 j Y0 t� ewer
t BF
UTILITY POLE POST. •
t c",;t1 = ,LAMP -POST ..et = FIRE HYDRANT
''wv ;? ' ; 21. -� = GUY ANCHOR yyr, = 'WATER VALVE
j i e' ;"' s; MANHOLE _ :MITERED END
I VALVE +1.
= SIGN
x^' METER
•.;I i I :+ qt
TEL =..TELEPHONE
\-, �1 : �.. ..BF. BACK—FLOW :PREVENTOR
." Vii ■
,. ..,.�„ *t -_ 9 b OR = OFFICIAL RECORDS BOOK
:.' ..PG = PAGE
I .; ' It = PROPERTY LINE
' ti TCE = TEMPORARY
I x- --7----------7, - CONSTRUCTION, EASEMENT
t'l i I% . ' : -- - U/G =. UNDERGROUND•
. I- .. . ...> . - Sian , .., -'...—:=.'�- RW = `RIGHT—OF—WAY
;rim
"ATE '25/12 SEC: 3 TWP: 5l5 ROE: 26C SCALE: I" — 45' `m
)JECT NO.: 090051.01,00 - r
PROJECT: L I.S. /C,k, : 1/5,,': 9-. CONSUL 1N
t ILE NAME.: �:C. EE..,w,a .Z.t. • •1 i
SHEET NUMBER: I OF I TITLE: XISTNG C ONP1r ONS Y11311 Sp?OuNPING 'A?C 106rc Engneets,Suneyors&'Mappers
Planners,Project Managers
DRA WIN: r A.K, (239)597-0575 FAX:(239)597-0578
CHECKED: M.A.N. CLIENT COQ I-IFI:COUP -- - 1U O Or COUNTY COMM155IO\1CC3 6610 WIiu°w Patk onav Suite 20C
Packet Page-405- "e°Ies,Fl°``fa3°'°`
5/28/2013 16.A.3.
1 THIS ':IS oT -SURVEY
�,� „�
l��vp / I , ,
< _ :'''''''.9/2i;=:._':-.,... X10<
t i'H1C St ALE `r :�
� i w
JIt v, 106
a o° TCE -
I
TM p i"a„ • .4s
•Y`d
;y a
ry � e i C fi S . fit ` 1;1,1. .> .3 f. c t E �* "''vmm ° 9 d a✓to- , ��' ! 4,:i.',,,;,,..-2:-:!' ,�t"� r �_
a ,
R-1-'‘,„\ - ' ' — • if 1 643,,Z• ' - - -,. l'.. ',.-., - - - -..,?;:e!:....;..: ,,,;,:l.r.:e,":4'...,%.,
nY �R ..r11�... II+Ck �
' E `� BF IuTh i1 ,' L'E , PAST ' `vim`
„.,,„.....4 ,. . . ..,,, ,:i ,it f ua .1 AMP,«P.CST ,4 FIRE GRANT -:
Hv -� 1 ANC DR WATER r:::::-5,„':',44;,-7.
a 1, ,, : ., HOL`E MITERED END r
' - a :” [ x +t .SJGN
It. ! f r �' .`TEL TELEPHONE
�w■ BF ACFr FLOW RREVENTO}
a '- b 0, -OR {OFF,CIAL RECORDS BOOK
, � PC PAAGE €r'
' '{1' PROPERTY LINE
TCE T.E44PDRARY -'
O STRUCT ON SEI ENT
,/C .Li DERCROJJND
" s,g�
«,� nl
DATE: 5/Z�/1?_ SEC: _' TWP: :1./ RGE: 2 C SCALE: �/ :. �PROJECT NO )C.>BI.Oi.00 �; «� _ /FILE I'.AME.. _x;:x c., ,, PROJECT: 7. ,, C,r. . 71i 7 �i, C,C)NSLi LT 4N
SHEET NUMBER: C1 F I C F,ng nee[s,Sun•egnn&\5a oers
TITLE: X15fING..ONn1�lON5�Xh'Ir31T S�pf'OUNIJING f'�?C� 106�C� Planners,rmtt<<{aoa «
DRA Wi\: C.A.I. (239)597-0575 FAX:(239)627-0578
CHECKED: M.AM
CLIENT: C0 L.L E CO UL . —' Or'COLIN7 Y COMM55/OyJ.._ 6610 Willow Park od e.sues 200
Packet Page -406- Neoies,Fiorda3a,o9