Agenda 04/24/2018 Item #16K 504/24/2018
EXECUTIVE SUMMARY
Recommendation to approve two Mediated Settlement Agreements in the total amount of $202,052
for full compensation for the taking of Parcels 314RDUE and 325RDUE, including statutory
attorney fees, and expert fees and costs, in the case styled Collier County v. CKC Property Holdings,
LLC, et al., Case No. 16-CA-1242 required for improvements to Golden Gate Blvd. (Project No.
60145). [Fiscal Impact: $90,622]
OBJECTIVE: To settle full compensation owed for the taking of Parcels 314RDUE and 325RDUE
required for the road widening of Golden Gate Blvd. from 20th Street E. to Everglades Blvd., Project No.
60145, hereinafter referred to as the “Project.”
CONSIDERATIONS: On April 26, 2016, the Board of County Commissioners approved
Condemnation Resolution 2016-87 to acquire the necessary property to construct the Project. On March
13, 2017, the County condemned Parcels 314RDUE and 325RDUE and deposited into the Court Registry
its good faith estimates of value of $60,900 and $50,700, respectively, bringing the total amount
deposited to $111,600. Both Parcels were acquired from property owned by CKC Property Holdings,
LLC and both properties had residences located on the parent tract. The County’s appraiser opined that
the value of both residences would be damaged by their respective setbacks to the new right-of-way line.
Parcel 314RDUE is a perpetual, road right-of-way drainage and utility easement containing 2,625 square
feet. The taking will reduce the setback to the existing residence from 80 feet to 45 feet which will render
the residence legally non-conforming per the Land Development Code since the required setback is 75
feet. The property owner’s appraiser estimated compensation in the amount of $108,000, exclusive of
attorney’s and expert’s fees and costs, most of that amount consisting of severance damages because of
the reduced setback and a cost to cure required to reestablish a driveway, construct a gravity wall to
protect the septic system and plant a landscaping buffer.
Parcel 325RDUE is a perpetual, road right-of way drainage and utility easement containing 1,500 square
feet. This taking will reduce the setback to the existing residence from 100 feet to 80 feet. The property
owner’s appraiser estimated compensation in the amount of $88,000, exclusive of attorney’s fees and
expert fees and costs, mostly consisting of severance damages and a cost to cure for the replacement of a
landscaping buffer.
At mediation held April 11, 2018, the parties agreed to final compensation for both Parcels as follows:
Parcel 314RDUE
Land taken (including severance damages) $87,500
Statutory attorney fees: $12,969
Negotiate expert fees: $12,255
Total: $112,724
Parcel 325RDUE
Land taken (including severance damages): $66,000
Statutory attorney fees: $10,428
Negotiated expert fees: $12,900
Total: $89,328
If the settlements are approved, the County will be required to pay $90,452 over the $111,600 previously
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04/24/2018
deposited into the Court Registry. A fee of $170 is required by the Clerk for deposit of funds into the
Court Registry.
The County Attorney’s Office (CAO) and Transportation staff recommend approval of the attached
Mediated Settlement Agreements since a better result is not expected at trial. Upon approval, the CAO
will file a Stipulated Final Judgment incorporating the same terms and conditions with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $90,622 will be paid from gas taxes and/or impact fees from
Golden Gate Blvd. Project No. 60145. The primary funding source for the acquisition of right -of-way is
impact fees. Should impact fees not be sufficient within a particular project, the secondary funding
source will be gas taxes.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
item.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - ERP
RECOMMENDATION: Recommendation to approve two Mediated Settlement Agreements in the total
amount of $202,052 for full compensation of the taking of Parcels 314RDUE and 325RDUE, in the case
styled Collier County v. CKC Property Holdings, LLC, et al., Case No. 16-CA-1242, required for
improvements to Golden Gate Blvd. (Project No. 60145).
Prepared by: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Mediated Settlement Agreements.parcels 314 and 325 (PDF)
2. Aerial Photograph.parcel 314rdue (PDF)
3. Aerial Photograph parcel 325rdue (PDF)
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04/24/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doc ID: 5368
Item Summary: Recommendation to approve two Mediated Settlement Agreements in the total
amount of $202,052 for full compensation for the taking of Parcels 314RDUE and 325RDUE, including
statutory attorney fees, and expert fees and costs, in the case styled Collier County v. CKC Property
Holdings, LLC, et al., Case No. 16-CA-1242 required for improvements to Golden Gate Blvd. (Project
No. 60145). [Fiscal Impact: $90,622]
Meeting Date: 04/24/2018
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
04/13/2018 9:04 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
04/13/2018 9:04 AM
Approved By:
Review:
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 04/13/2018 10:50 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 04/13/2018 11:11 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 04/13/2018 11:19 AM
Growth Management Department Gene Shue Additional Reviewer Completed 04/13/2018 11:25 AM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 04/13/2018 3:02 PM
Growth Management Department Debbie Allen Deputy Department Head Review Skipped 04/13/2018 9:01 AM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 04/13/2018 4:50 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 04/15/2018 10:21 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/16/2018 7:50 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/16/2018 8:35 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 04/16/2018 11:03 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/16/2018 11:37 AM
Board of County Commissioners MaryJo Brock Meeting Pending 04/24/2018 9:00 AM
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IN THE CIRCUIT COURT FOR THE 2OTH IUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, a politica I subdivision of
the State of Florida,
Petitioner
vs-
CKC PROPERTY HOLDINGS, LLC;
INSOUTH BANK; UNKONWN TENANTS, if any
et al
Resoondents
Case NO: L6-C -1242
PARCELS: 314R0UE#Err
MEDIATED SETTLEMENT AGREEMENT
At a Mediation Conference held on the 1lth day of April 2018 at 10:00 a.m., the parties reached
the followinB Settlement ABreement:
]- Petitioner will pay to Respondent(s), CKC Property Holdings, LLC the sum of
S //'(t714, aa ,infull settlementofall claims for compensation from Petitioner whatsoever.
including attorney's fees, expert fees, costs and expenses.
2. Petitioner is entitled to a credit in the amount of S_lL2 7oo-t:o which was deoosited
previously in this case by Petitioner and received by Respondent(s).
3. Counsel for Petitioner and Respondent(s) willjointly submit to the Court for execution a
mutually approved form of final disposition of this matter as soon as practical, hereafter. The Judgment
shall reflect that this settlement is based upon the construction plans either entered into evidence at
the hearing on the Order of Taking or otherwise furnished to Respondent{s)-
4. Petitioner will pay Respondent(s) the balance due oI 5 5'/, .8Jq, cs'within 30 days of the
actual date of receipt by Petitioner's counsel of a conformed copy of the final disposition from the
Court.
PARTIES. NO OTHER AGREEMENT EXISTS AS TO THE DISPOSITION OF THIS CAsE.
Attorney
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Attached hereto is an addendum to this Agreement: llYes -tto.
THIS AGREEMENT (ANO ADDENDUM, IF ANY} CONTAIN(S} AtL OF THE AGREEMENT(S) OF THE
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16.K.5.a
Packet Pg. 1248 Attachment: Mediated Settlement Agreements.parcels 314 and 325 (5368 : Mediated Settlement Agreements - $202,052 - Parcels 314RDUE and
IN THE CIRCUIT COURT FOR THE 2OTH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, a political subdivision of
the STATE OF FLORIDA,
Petitioner
CKC PROPERTY HOLDINGS, LLC;
INSOUTH BANK; UNKNOWN TENANTS, if any;
ET AL
Respondents
Case No: 16-CA-1242
PARCELS: 314RDUE.d
AODENDUM TO MEDIATED SETTLEMENT AGREEMENT
Pursuant to the Mediation conference held on the 11th day of April 2018 at 10:00 a.m., the
parties have agreed to the following:
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Packet Pg. 1249 Attachment: Mediated Settlement Agreements.parcels 314 and 325 (5368 : Mediated Settlement Agreements - $202,052 - Parcels 314RDUE and
IN THE CIRCUIT COURT FOR THE 2OTH JUOICIAL CIRCUIT
IN AND FOR COLLIER COUNTY. FLORIDA
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, a political subdivision of
the State of Florida,
Petitioner
vs-
CKC PROPERTY HOLDINGS, LLC;
INSOUTH BANK; UNKONWN TENANTS, if any
et al
Resoondents
Case NO: 16-CA-1242
PARCELS: M325RDUE
MEDIATEO SETTLEMENT AGREEMENT
At a Mediation conference held on the llth dav ofApril 2018 at 10:m a.m., the parties reached
the following Settlement Agreement;
1. Petitioner will pay to Respondent(s), CKC Property Holdings, ILC the sum of
S_21_rJZ!.::_-.__, in full settlement of all claims for compensation from Petitioner whatsoever.
including attorney's fees, expert fees, costs and expenses.
Z. petitioner is entitled to a credit in the amount of S JdJ Zdd , co . which was deposited
previously in this case by Petitioner and received by Respondent(s).
3. Counsel for Petitioner and Respondent(s) willjointly submit to the Court for execlrtion a
mutually approved form of final disposition of this matter as soon as practical, hereafter. The Jud8ment
shall reflect that this settlement is based upon the construction plans either entered into evidence at
the hearing on the Order of Taking ot otherwise furnished to Respondent(s).
4. Petitioner will pay Respondent(s) the balance due of S .J t, 6.t 9 ctr within 30 days of the
actual date of receipt by Petitioner's counsel of a conformed copv of the final disposition from the
Court.
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5. Attached hereto is an addendum to this Agreement: Y__Yes -No.
7. THIS AGREEMENT (AND ADDENDUM, IF ANY} CONTAIN(s}ALt OF THE AGREEMENT(S) OF THE
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16.K.5.a
Packet Pg. 1250 Attachment: Mediated Settlement Agreements.parcels 314 and 325 (5368 : Mediated Settlement Agreements - $202,052 - Parcels 314RDUE and
IN THE CIRCUIT COURT FOR THE 2OTH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY. FLORIDA
COLLIER COUNW BOARD OF COUNTY
COMMISSIONERS, a political subdivision of
the STATE OF FLORIOA,
Petitioner
CKC PROPERTY HOLDINGS, LLC;
INSOUTH BANK; UNKNOWN TENANTS, if any;
ET AL
Respondents
Case No: 16-CA-1242
PARCELS: aryF€r'Ut*
325RDUE
ADDENDUM TO MEDIATED SETTLEMENT AGREEMENT
Pursuant to the Mediation Conference held on the 11th day of April 2018 at 10:00 a.m., the
parties have aBreed to the following:
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16.K.5.a
Packet Pg. 1251 Attachment: Mediated Settlement Agreements.parcels 314 and 325 (5368 : Mediated Settlement Agreements - $202,052 - Parcels 314RDUE and
16.K.5.b
Packet Pg. 1252 Attachment: Aerial Photograph.parcel 314rdue (5368 : Mediated Settlement Agreements - $202,052 - Parcels 314RDUE and 325RDUE - 16-CA-
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Packet Pg. 1253 Attachment: Aerial Photograph parcel 325rdue (5368 : Mediated Settlement Agreements - $202,052 - Parcels 314RDUE and 325RDUE - 16-CA-