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Agenda 09/27/2011 Item #16K2912712011 Item 16.K.2. Ex~utive S.m"lrY "-....,, ReeomDleDdation to Approve a Mediated SettleDleBt Agreement and a Stipulated Fiaat Judgment to be drafted iaeorporatiag the same tenas and eo.ditions as the Mecliated Settlemeat Agreemeat in the ,mount 01S30,OOO plus $1%_ in costs and attorney fees, for. tile acquisition of Parcels 188FEE aad 18STCE in the Lawsuit styled CoIlIo COIlIUy, FJtmdiI.. LimftminePetitMonsieur, tit Ill., Cue No. lo..2681-CA(CoJlier Blvd.Projeet No. 68856). . (Fiscal Impact: 537,6(0) OBJECTIVE: That the BQard approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement, as full and final compensation to be paid for the acquisition of.Parcels 108FEE and 108TCE, in the lawsuit styled Collier County,' Florida v. Lamartine Petit M()nsieur, et al., Case No. lo..2681-CA (Collier Blvd. Project No. 68056). CONSIDEIlATlQJ'liS: Collier County condemned a 0.121 Acre (5,250 square feet) strip of perpetual, non-exclusive, road right-of-way and 0.017 acres (750 square feet) for a temporary construction easement . from propertyowner8, John and Elizabeth Lamb, for the expansion of Collier Boulevard from Green Bo1devard to Golden Gate Boulevard. The County's initial appraisal valued compensation at $13,900 and in June 2008 the County made its statutory offer for that amount. The County's updated 2010 appraisal showed a decline in the market and valued.the compensation at $4,400. The Order of Taking hearing. was held on October 19, 2010 and $4,400 was ordered r'\ deposited into the Registry of the Court for the benefit' of the Respondents, John and Elizabeth Lamb. This amount was subsequently withdrawn by the Respondents. This settlement has a unique history in that the property owners coristructed a driveway off of II th Ave. SW',within an old Estates perimeter easement, using a. right-of-way permit issued by the County to the owners' predecessor in title, and thereafter failed to perfect a claim to the easement rights as required by Jaw. Because of this failure to perfect easement rights, the perimeter easements are presumed to be abolished. Because of the legally uncertain state of access via 11th Ave. SW, this settlement includes a provision for access via Collier Boulevard. The principal issues in this case were the per acre valuation of the land taken and seVerance damages. The County's appraiser did not find a severance damage. The owners' appraiser v"ued the taking at $74,500. At a mediation conference held on July 18, 2011,the County and Respondents successfully negotiated the land values and improvement values and reached a settlement of $30,000 for full compensation and $12,000 for attorney fees, costs, and ex~ fees and costs. The Mediated Settlement agreement, which is attached hereto, also provides for the following: a. Petitioner will not utilize Parcel 108TCE until a notice . of commencement of construction is issued by the Board of County Commissioners for the Collier BOU:iev_ 6-laning project. Petitioner is entitled to use Parcel' 1 08TCE for a periC)(i of 3 yearsoom the date said notice is issued. r""-. b. Petitioner shall provide an official zoning interpretation that owners ,and their successors and assigns retain the same development rights following ,the taking as were prior to the taking, and this zoning interpretation runs with the land. Petitioner Packet Page -2463- 9/27/2011 Item 16.K.2. --... further acknowledges that the taking in this action does not render the remainder parcel non-conforming as to size, and that the remainder parcel is deemed conforming as to lot size notwithstanding the taking. c. Petitioner agrees to construct a driveway connection onto County Road 951 (Standard Index), during construction which shall include full driveway apron to the property line and include related pipe culverts under the driveway as part of its Collier Boulevard 6-laning project (#68056). Said driveway is to be located towards the southern portion of the property's frontage as shown on Exhibit "A", which is attached to the mediated settlement agreement that is included in the backup materials for this agenda item. Petitioner is responsible for the engineering and permitting for said driveway. d. In the event the Defendant chooses to apply for a driveway connection permit (a "Right-of-Way permit") in order to provide a temporary construction access point from 951 onto property, Defendant will not be required to pay an application fee for said permit. If the settlement is approved, the County is responsible for the following costs: · Additional Deposit/Disbursement Amount: $ 25,600* · Attorney's Fees/Expert Fees and Costs: $ 12.000 TOTAL: $ 37,600 --... (* $30,000, less $4,400 previously paid to Respondents.) Attached is the Mediated Settlement Agreement providing for the above-stated funds. FISCAL IMPACT: Funds in the amount of$37,600 are available in Impact Fees. GROWTH MANAGEMENT IMP ACT: None. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires a majority vote for approval. JW RECOMMENDATION: That the Board of County Commissioners approve the attached Mediated Settlement Agreement; approve a Stipulated Final Judgment, incorporating the terms and conditions of the Mediated Settlement Agreement, to be presented to the Court for approval and entry; and approve the expenditure and disbursement offunds, as stated above. PREPARED BY: JeffE. Wright, Assistant County Attorney, Office of the County Attorney IO-2681CAl1246 -., Packet Page -2464- 9/27/2011 Item 16.K.2. COLLIER COUNTY -------- Board of County Commissioners Item Number: 16.K.2. Item Summary: Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement in the amount of $30,000 plus $12,000 in costs and attorney fees, for the acquisition of Parcels 108FEE and 108TCE in the lawsuit styled Collier County, Florida v. lamartine Petit Monsieur, et aI., Case No. 10-2681-CA (Collier Blvd. Project No. 68056). (Fiscal Impact: $37,600) Meeting Date: 9/27/2011 Prepared By Name: CrotteauKathynell Title: Legal Secretary, County Attorney 8/31/2011 8:36:19 AM ,~ Approved By Name: AhmadJay Title: Director - Transportation Engineering,Transportation Engineering & Construction Management Date: 9/1/2011 10:35:39 AM Name: HendricksKevin Title: Manager - Right of Way, Transportation Engineering Date: 9/8/2011 3:26:23 PM Name: TaylorLisa Title: Management/Budget Analyst,Transportation Administr Date: 9/9/2011 1:39:23 PM Name: FederNonnan Title: Administrator - Growth Management Div,Transportati Date: 9/15/2011 8:57:01 AM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 9/16/2011 12:44:21 PM ,.--... Packet Page -2465- ,.-., ...-.. .,.-.. 9/27/2011 Item 16.K.2. Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Manage Date: 9/18/20111:10:42 PM Name: KlatzkowJeff Title: County Attorney, Date: 9/19/2011 3:24:32 PM Name: OchsLeo Title: County Manager Date: 9/19/2011 9:01:17 PM Packet Page -2466- ... 9/27/2011 Item 16.K.2. 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, CASE NO. 1O-2681-CA Petitioner, v. Parcels: 108FEE, 108TCE LAMARTINE PETIT MONSIEUR, et al. Respondents. / MEDIATED SETTLEMENT AGREEMENT At the Mediation Conference held on July 18, 20 II, the parties reached the following Settlement Agreement: 1. Petitioner will pay to Respondents, John L. Lamb and Elizabeth J. Lamb, the sum of $30,000 of which $25,000 is allocated for Parcel 108FEE and $5,000 is allocated for Parcel 108TCE in full settlement of all claims for compensation from Petitioner but excluding attorney's fees, experts' fees, and costs. ,.-.. 2. In addition to the settlement amount referenced in Paragraph 1 of this Settlement Agreement, Petitioner will pay to the trust account of Respondent's attorney $12,000 in full settlement and satisfaction of all attorney's fees and attorney litigation costs in this case, including fees related to monetary benefits, non-monetary benefits and supplemental proceedings, if any, as well as any and all expert fees and costs. 3. This Settlement Agreement is subject to and conditioned upon final approval by the Board of County Commissioners of Collier County. 4. 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 ten days following the final approval of this Settlement Agreement by the Collier County Board of County Commissioners. 5. Petitioner will not utilize Parcel 108TCE until a notice of commencement of construction is issued by the Board of County Commissioners for the Collier Boulevard 6-laning project Petitioner is entitled to use Parcel 108TCE for a period of 3 years from the date said notice is issued. -., 1 of2 Packet Page -2467- . ~ 9/27/2011 Item 16.K.2. 6. Petitioner shall provide an official zoning interpretation that owners and their. successors and assigns retain the same development rights following the taking as were prior to the taking, and this zoning interpretation runs with the land. Petitioner further acknowledges that the taking in this action does not render the remainder parcel non-conforming as to size, and the remainder parcel is deemed conforming as to lot size notwithstanding the taking. 7. Petitioner agrees to construct a driveway connection onto County Road 951 (Standard Index), during construction which shall include full driveway apron to the property line and include related pipe culverts under the driveway as part of its Collier Boulevard 6-laning project (#68056). Said driveway is to be located towards the southern portion of the property's frontage as shown on Exhibit "A", attached hereto. Petitioner is responsible for the engineering and permitting for said driveway. 8. In the event the Defendant chooses to apply for a driveway connection permit (a "Right-of- Way permit") in order to provide a temporary construction access point from 951 onto property, Defendant will not be required to pay an application fee for said permit. greoment, dated July 18, 2011, contains all of the agreements of the parties. ,/'/ ~7 .{t2rfJ+-- ~ ~ John~. Lamb and El' beth J. L Rei:t~ #( Thomas R. Bolf, Esq. Attorney for Respondent -., J , I ,.-.. 20f2 Packet Page -2468- ,~..... \, .~. 9/27/2011 Item 16.K.2. Not to Scale ~xtt)(jll A Packet Page -2469- --.... i i I I i I I ~ --....