Agenda 09/10/2013 Item #16K4 9/10/2013 16.K.4.
EXECUTIVE SUMMARY
Recommendation to approve a Final Judgment in the amount of$25,000 for Parcel 195DAME
in the lawsuit styled Collier County v. Tony Guarino, III, et al., Case No. 11-CA-3208 (LASIP-
Outfalls 3 & 4 Project#51101). (Fiscal Impact $4,600)
OBJECTIVE: That the Board of County Commissioners approves a Joint Motion and Final
Judgment for payment of full compensation in the amount of $25,000, for the taking of Parcel
195DAME in the lawsuit styled Collier County v. Tony Guarino III, et. al., Case No. 11-CA-3208
(LASIP-Outfalls 3 &4 Project#51101).
CONSIDERATIONS: Collier County has condemned 3,900 square feet of proposed perpetual,
drainage, access and maintenance easement for the LASIP Outfalls 3 & 4 which Project #51101
(Parcel 195DAME) from property owner Wells Fargo Bank, National Association. The County's
initial appraisal dated April 14, 2011, valued the taking at $20,400. The County offered the prior
owner $20,400 as the County's statutory offer on July 29, 2011. Prior to the Order of Taking
hearing, Wells Fargo Bank acquired the property from the previous owner. An Order of Taking
hearing was held on March 6, 2012, and the County deposited the sum of $20,400 in the Court
Registry for Parcel 195DAME. On December 6, 2012, in an apportionment hearing set by the prior
owner, Wells Fargo successfully asserted their right to the monies on deposit.
Settlement negotiations were held with counsel for owner and a settlement was reached. Staff
recommends settlement for full compensation in the amount of $25,000, inclusive of attorney's
fees, expert fees and costs. The settlement amount reflects the value of the land as well as
negotiated attorney's fees, expert fees and costs.
If approved, the County will be responsible for the following costs:
Additional Amount Owed: $4,600
TOTAL $4,600
The County Attorney's Office and staff are recommending this settlement since a better result at
trial is not anticipated.
FISCAL IMPACT: Funds in the amount of$4,600 are available in Stormwater Capital Project Fund 325
Project 51101. Source of funds is General Fund.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires a
majority vote for approval- ERP
RECOMMENDATION: That the Board of County Commissioners approves a Joint Motion
and Final Judgment as to Parcel 195DAME and authorize payment of the funds as stated.
PREPARED BY: Emily R. Pepin, Assistant County Attorney
Attached: Final Judgment
11-3208CA/5446
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.4.
Item Summary: Recommendation to approve a Final Judgment in the amount of$25,000
for Parcel 195DAME in the lawsuit styled Collier County v.Tony Guarino, Ill, et al., Case No. 11-
CA-3208 (LASIP-Outfalls 3 &4 Project#51101). (Fiscal Impact $4,600)
Meeting Date: 9/10/2013
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
8/27/2013 10:08:57 AM
Approved By
Name: HendricksKevin
Title: Manager-Right of Way,Transportation Engineering
Date: 8/27/2013 12:14:04 PM
Name: AhmadJay
Title: Director-Transportation Engineering,Transportation Engineering&Construction Management
Date: 8/28/2013 7:41:23 AM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 8/28/2013 9:27:53 AM
Name: ShueGene
Date: 8/28/2013 12:19:49 PM
Name: KearnsAllison
Date: 8/28/2013 2:07:20 PM
Name:MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 8/28/2013 2:39:09 PM
Name: PepinEmily
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Title: Assistant County Attorney,CAO Litigation Arnike
Date: 8/28/2013 2:56:25 PM =-
Name: KlatzkowJeff
Title: County Attorney
Date: 8/28/2013 3:31:23 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 8/30/2013 12:13:51 PM
Name: OchsLeo
Title: County Manager
Date: 8/30/2013 2:18:14 PM
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY,FLORIDA
CIVIL ACTION
COLLIER COUNTY, a political subdivision
of the State of Florida,
Petitioner, Case No.: 11-3208-CA
vs. Parcel No.: 195DAME
TONY GUARINO, III,ET AL.,
Respondents.
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
The Parties hereby jointly and respectfully request this Court enter the Final Judgment
attached hereto as Exhibit"A", as to Parcel 195DAME.
Dated: 4v,,vS?G/O odd l L . .. . Dated:
OND C. FLOWERS, ESQUIRE EMILY R.PENN,ESQUIRE
Florida Bar No. 106828 Florida Bar No.: 92956
ADAMS AND REESE,LLP COLLIER COUNTY ATTORNEY'S OFFICE
150 Second Avenue North-Suite 1700 3299 East Tamiami Trail, Suite 800
St.Petersburg, Florida 33701 Naples, Florida 34112
Rick.Flowers @arlaw.com Telephone: (239)252-8400
Sue.Batchelder@arlaw.com emilypepin @colliergov.net
ATTORNEY FOR WELLS FARGO BANK, rosavillarreal@,colliergov.net
NATIONAL ASSOCIATION nancybradley(,colliergov.net
ATTORNEY FOR PETITIONER
COLLIER COUNTY, FLORIDA
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY,FLORIDA
CIVIL ACTION
COLLIER COUNTY, a political subdivision
of the State of Florida,
Petitioner, Case No.: 11-3208-CA
vs. Parcel No.: 195DAME
TONY GUARINO,III,ET AL.,
Respondents.
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 Respondent,
WELLS FARGO BANK, NATIONAL ASSOCIATION, by and through their undersigned
counsel for entry of a Final Judgment as to Parcel I95DAME, 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 Respondents have and recover from Petitioner,
COLLIER COUNTY, FLORIDA, the sum of Twenty Thousand Four Hundred Dollars and
No/100 ($20,400.00) inclusive of full compensation, business damages, statutory interest, and
expert fees and costs in connection with said parcels, except for attorney's fees and costs; it is
further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a
credit in the amount of Twenty Thousand Four Hundred Dollars and No/100 ($20,400.00)
,
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which was deposited into the registry of the Clerk of the Circuit Court toward the acquisition of
Parcel 195DAME, at which time title to said parcels as described in Exhibit "A" vested in the
name of Petitioner; it is further
ORDERED that within thirty (30) days of receipt by Petitioner of the Final Judgment
entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall send a check for Four
Thousand Six Hundred Dollars and No/100 ($4,600.00) payable to Wells Fargo Bank to
Adams and Reese LLP, do Richmond C. Flowers, Esq., 150 2nd Avenue North, Suite 1700, Saint
Petersburg, Florida 33701, as settlement for all attorney's fees and costs in connection with this
case, it is further
ORDERED that except as provided herein, no additional fees or costs shall be awarded to
Respondents; it is further
ORDERED that this Court determined and ordered that Wells Fargo is entitled to the
funds of Twenty Thousand Four Hundred dollars and No/100 ($20,400.00) referred to above
for the taking of Parcel 195DAME and Wells Fargo has successfully withdrawn those funds
from the Court Registry, it is further
ORDERED that title to Parcel 195DAME, 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 March 6, 2012, and the deposit of money heretofore made,
is approved, ratified, and confirmed; it is further
ORDERED that this Court reserves jurisdiction to enforce the terms of this Final
Judgment; it is further
ORDERED that this Final Judgment is subject to approval by the Board of County
Commissioners of Collier County, Florida; it is further
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ORDERED that the Notices of Lis Pendens filed in this action and recorded in Official
Record Book 4723, Page 2130,of the Public Records of Collier County, Florida be dismissed as
to Parcel 195DAME; it is further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records
of Collier County, Florida; it is further
ORDERED that this Order disposes of all claims arising out of the taking of Parcel
195DAME that have or could have been asserted in this cause; it is therefore
DONE AND ORDERED in Chambers at Naples, Collier County, Florida this day
of ,2013.
CYNTHIA A. PIVACEK
Circuit Court Judge
Conformed Copies to:
Emily R.Pepin,Esquire
Richmond C.Flowers,Esquire
J.D.Allen and Associates,Inc.
Dret Trust II
Kevin Hendricks,Transportation ROW Acquisition Manager
Bookkeeping
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