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Agenda 10/26/2010 Item #16K 2Agenda Item No. 16K2 October 26, 2010 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment in the amount of $127,500 for Parcels 169FEE and 169TCE in the lawsuit styled Collier County v. Scott Faunce., et al., Case No. 10- 2684 -CA (Collier Blvd. Project No. 68056) (Fiscal Impact $85,300) OBJECTIVE: That the Board of County Commissioners approve the attached Stipulated Final Judgment for payment of full compensation, for the taking of Parcels 169FEE and 169TCE in the lawsuit styled Collier County v.Scott Faunce, et. al., Case No. 10- 2684 -CA (Collier Blvd. Project No. 68056) CONSIDERATIONS: Collier County has condemned a 0.265 acre parcel from property owners, Richard E. Bravieri and Margaret J. Bravieri, for the expansion of Collier Boulevard from Green Boulevard to Golden Gate Boulevard. The County's initial appraisal valued compensation at $113,800 and in June 2008 the County made its statutory offer for that amount. The County's appraiser found damages for a reduced set -back from the road of $52,000 with a cost to cure of $2,000, which was included in the $113,800. The owner's appraiser also found damages for a reduced set -back and also for potential flooding to the property. The owner's appraiser, besides valuing the land and improvements higher than the County, proposed a cost to cure of $235,900 for an 8 foot privacy wall and drainage improvements for a total compensation of $334,900. The County's updated 2010 appraisal valued compensation at $64,700. The owner's updated appraisal valued compensation at $289,700. On October 4, 2010, mediation was held prior to the Order of Taking hearing and a settlement was reached in the amount of $127,500 for compensation and $22,500 for all attorney's fees and expert fees and costs which included the appraiser and engineer, as well as a stipulation to the Order of Taking. $64,700 will be deposited into the Court Registry subsequent to the Order of Taking. If the attached Stipulated Final Judgment is approved, the County will be responsible for the following costs: Additional Amount Owed: $62,800 Attorney's fees, Expert fees and Costs: $22,500 TOTAL $85,300 FISCAL IMPACT: Funds in the amount of $85,300 are available in gas taxes and impact fees. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ RECOMMENDATION: That the Board of County Commissioners authorize the Stipulated Final Judgment as to Parcels 169FEE and 169TCE and authorize payment of the funds as stated. PREPARED BY: Robert N. Zachary, Assistant County Attorney 10- 2684CA/243 Agenda Item No. 16K2 October 26, 2010 Page 2 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K2 Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of $127,500 for Parcels 169FEE and 169TCE in the lawsuit styled Collier County v. Scott Faunce., et al., Case No. 10- 2684-CA (Collier Blvd. Project No. 68056) (Fiscal Impact $85,300) Meeting Date: 10/26/2010 9:00:00 AM Prepared By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney 10/11/2010 4:06:40 PM Approved By Najeh Ahmad Director -Transportation Engineering Date Transportation Engineering & Transportation Division Construction Management 10/12/2010 10:39 AM Approved By Norm E. Feder, AICP Administrator - Transportation Date Transportation Division Transportation Administration 10112/2010 11:03 AM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney 1011212010 3:46 PM Approved By Kevin Hendricks Manager - Right of Way Date Transportation Division Transportation Engineering & Construction Management 10/1412010 12:45 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Division Transportation Administration 10/14/2010 3:27 PM Approved By Jeff Klatzkow County Attorney Date 10/1812010 10:37 AM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 10/1812010 12:52 PM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 10/18/2010 4:01 PM Agenda Item No. 16K2 October 26, 2010 Page 3 of 11 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. 10- 2684 -CA V. SCOTT FAUNCE, SR., ET AL. Parcels: 169FEE, 169TCE Respondents. 1 STIPULATED FINAL JUDGMENT THIS CAUSE having come before this Court upon Joint Motion made by Petitioner, COLLIER COUNTY, and Respondents, RICHARD E. and MARGARET J. BRAVIERI, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcels 169FEE and 169TCE for Project No. 68056, 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 is the full compensation due the Respondents,: RICHARD E. and MARGARET J. BRAVIERI, and the Court being fully advised in the premises, it is therefore ORDERED AND ADJUDGED that Respondents, RICHARD E. and MARGARET J. BRAVIERI, have and recover from Petitioner, COLLIER COUNTY, the total sum of One Hundred Twenty Seven Thousand Five Hundred and No/100 Dollars ($127,500.00) for Parcels 169FEE and 169TCE, as full payment for the property interest taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said parcel; it is further Agenda Item No. 16K2 October 26, 2010 Page 4 of 11 ORDERED AND ADJUDGED that the Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good faith estimate of value previously deposited in the amount of $64,700.00; it is further ORDERED AND ADJUDGED that Petitioner, COLLIER. COUNTY, FLORIDA, shall pay an additional Eighty Five Thousand Three Hundred and No /100 Dollars ($85,300.00), which includes Sixty Two Thousand Eight Hundred and No /100 Dollars ($62,800.00) in additional compensation and Twenty Two Thousand Five Hundred and No /100 Dollars ($22,500.00) for attorney's fees, expert fees and costs. No other attorney's fees or expert fees or costs shall be awarded in this case; it is further ORDERED AND ADJUDGED that that without further order of the Court, that within thirty (30) days hereof, Petitioner, COLLIER COUNTY, FLORIDA, deposit $62,800.00 into the Courts Registry; it is further ORDERED AND ADJUDGED that without further order of the Court, that within thirty (30) days hereof, Petitioner, COLLIER COUNTY, FLORIDA, shall pay for the benefit of Respondents, RICHARD E. BRAVIERI and MARGARET J. BRAVIERI, the sum of $22,500.00 to the Trust Account of the Law Offices of Bella Y. Patel, c/o Bella Y. Patel, Esquire, 13026 Waterford Drive, Riverview, Florida 33569 for proper disbursement in accordance with this order; it is further ORDERED AND ADJUDGED that fee simple title to Parcel 169FEE and temporary construction easement to Parcel 169TCE, being fully described in Exhibit "N' attached hereto and incorporated herein, which vested in Petitioner pursuant to the Stipulated Order of Taking dated October 7, 2010, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further 2 Agenda Item No. 16K2 October 26, 2010 Page 5 of 11 ORDERED AND ADJUDGED that the Mediated Settlement Agreement of October 4, 2010 attached hereto as Attachment "B ", be incorporated into and made part of this Stipulated Final Judgment; it is further ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above - styled cause and recorded in Official Records Book 4559 Page 1130 of the Public Records of Collier County, Florida be dismissed as to Parcels 169FEE and 169TCE; it is further ORDERED AND ADJUDGED that the Stipulated Final Judgment is recorded in the Official Records of Collier County, Florida, it is further ordered ORDERED AND ADJUDGED that this Court reserves jurisdiction to issue a future order on disbursement of the compensation award and conduct apportionment proceedings, if needed; it is further ORDERED AND ADJUDGED that this Order disposes of all claims arising out of the taking of Parcels 169FEE and 169TCE and that have or could have been asserted in this cause; it is further DONE AND ORDERED at Naples, Florida on this day of 2010. HUGH D. HAYES CIRCUIT COURT JUDGE Conformed Copies: Robert N. Zachary, Esquire Bella Y. Patel, Esquire Jennifer Dixon - Abbott, Esquire Kevin Hendricks, Acquisition Mgr./Transp. Amsouth Bank Countrywide Home Loans, Inc. Mortgage. Electronic Registration Systems, Inc. Bookkeeping Agenda Item No. 16K2 October 26, 2010 Page 6 of 11 JOINT MOTION ON STIPULATED FINAL JUDGMENT Petitioner, COLLIER COUNTY, together with Respondents RICHARD E. and MARGARET J. BRAVIERI, hereby respectfully move for entry of the foregoing Stipulated Order of Taking and Final Judgment as to Parcels 169FEE and 169TCE. Dated: BELLA Y. PATEL, ESQUIRE Florida Bar No. 961670 LAW OFFICES OF BELLA Y. PATEL 13026 Waterford Drive Riverview, Florida 33569 (813) 643 -2762 - Telephone (813) 643 -2612- Facsimile ATTORNEY FOR RESPONDENTS 10 2684CA/226 Dated: (ROBERT N. ZACHARY Florida Bar No. 816604 ASSISTANT COUNTY ATTORNEY Harmon Turner Building, 8t' Floor 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 - Telephone (239) 252 -6300 - Facsimile ATTORNEY FOR PETITIONER COLLIER COUNTY 4 N N E g TRACT 106 g 100 1 a PER • >ltr0o !_s�w0 -^�— �"•""'� 1 S f AYE &w. M10Z PER PLAT g TRACT 107 PROPOSEC TEUPORARY --1 GOLDEN CATE ESTATES tx1NSTRUCDON EASEU�T -.� UNIT 1 PLAT BOOK 4. PAGE 73 PROPOSED RWT OF WAY PARCEL 189FEE c i m E FAST 330' OF TRACT 107 OR 29� ]3• r nda Item No. 16K2 c ooer Page 7 of 11 OR 4 OFFICIAL RECORDS (BOOK /PAOO ® PROPOSED RIGHT OF WAY EKISTMG RIGHT OF WAY DED,CATED TO THE PERPETUAL USE 4, PACE 73 S IN1<EREST OF THE PUBLIC PER PLAT BOOK Lid. DESCRIMION FOR PARCEL 169FOE A PORTION Or TRAOT 107, GOLDEN CATE ESTATES, UNIT I AS RECORDED IN PLAT BOOK 4, PAGE 73 OF T1i PUBLIC RECORDS OF COLLIER COMM FLORM. LYWO IN SECTION to, TOWNSKP 49 SOUTH, RANGE 28 COf; ER a 1%r ANT— PLAT--L L1I0E1*Rr T 9 �MYf/t�1ti{6L.'�In 0t I f • ,AT low V PER PLAT 1 FUR: CALLER =HIY OOMERNMEA,T DOW OF C WJNI ' COMA � o OR 4 OFFICIAL RECORDS (BOOK /PAOO ® PROPOSED RIGHT OF WAY EKISTMG RIGHT OF WAY DED,CATED TO THE PERPETUAL USE 4, PACE 73 S IN1<EREST OF THE PUBLIC PER PLAT BOOK Lid. DESCRIMION FOR PARCEL 169FOE A PORTION Or TRAOT 107, GOLDEN CATE ESTATES, UNIT I AS RECORDED IN PLAT BOOK 4, PAGE 73 OF T1i PUBLIC RECORDS OF COLLIER COMM FLORM. LYWO IN SECTION to, TOWNSKP 49 SOUTH, RANGE 28 COf; ER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOII'S, 1%r THE EAST 35 FEET OF OF 7ME EAST 330 FEET OF SAID TRACT 107. i' 1, rt ♦, 'S CONFAINIMC 11,750 SWARE FEET, MORE OR LML �MYf/t�1ti{6L.'�In 0t 0 • MMTCH A DESCRTPTTON ONLY NOT A BOUNDARY SURM 1'-4" ►,o.m. '�'Yi M FUR: CALLER =HIY OOMERNMEA,T DOW OF C WJNI ' COMA COLLiE6 SOTd.1:Wl1III R)W SBR!'CS 4 DAN DA PSDP08ED B11iRT Of 1TAY PARCEL 1893M comm CODNST, PSARaUI ertevr.rn.tor eee.ta 10 4 A 1' a CA0, , e N w E 5 TRACT 106 TS7 AVE S.W, ME PER TRACT 107 G=EN GATE ESTATES UNIT 1 . PLAT BOOK 4, PAGE 73 i= x Fr. FAST 330' OF TRACT 107 SRAYM & MIAV1ERi OR 30YB/V5I 40, (� o a II enda Item No. 16K2 Page 8 of 11 l� .I OR - OFFM RECORDS (BOOK /PAGE) /���Q71IfC(AIY� PROPOSED s• TEMPDRARY CONSTRUCTION INMENT YO UV 11yN EFW ® PROPOSED RIGHT OF WAY KAT DURATION ® EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL I1SE 1 M& OF THE PUBLIC PER PLAT BOOR 4, PACE 73 I.M DE5CRIP(ION FOR •PARCEL IM A PORTION OF TRACT 107, GOLDEN GATE ESTATE$, UNIT I AS RECOROEO W .PLAT BOOK 4, PAGE 73 OF THE PwUC RECORDS OF COLLIER COUNTY, FLORIO& LYM IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 2S WT1,COLL'1ER COUNTY, FLORMA BEING MORE PARTICULARLY DF.SGRIBEO AS FOLLOWS. THE W=r LESS AND 3 FMr OF THE EAST 40 FEET OF OF THE EAST 730 FEEL OF SAID TRACT 107.;.; � THE NORTH 30 FEET OF PM TRACT 107 (THAT PART BEING AN EXISTING ROADWAY EAS E)N:' 1TiE t AFOREMMMMED PLAT), , CONTAINING 1,800 SQUARE FEET, MORE OR LESS. SKETCH k OFSORTPTION ONLY NOT A VOUNDARY SUIYEY amaslow FM COLLM CWJM 00VER16 W BOARD OF COUNTY COMIgS9aNER8 ODLLTER ROTILRIT,IRD an Bag= & Driwal4OM Ol': PROPOl n TBMPORIM COlaTRUMON 84SJ MEwr , PA= IQOTCB �01I iI..M`Fra`i.m � COLL= COMM, lwj?MA n.retwoi� Fae�w�� EXHIBIT 0 nmu r9, OR - OFFM RECORDS (BOOK /PAGE) /���Q71IfC(AIY� PROPOSED s• TEMPDRARY CONSTRUCTION INMENT YO UV 11yN EFW ® PROPOSED RIGHT OF WAY KAT DURATION ® EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL I1SE 1 M& OF THE PUBLIC PER PLAT BOOR 4, PACE 73 I.M DE5CRIP(ION FOR •PARCEL IM A PORTION OF TRACT 107, GOLDEN GATE ESTATE$, UNIT I AS RECOROEO W .PLAT BOOK 4, PAGE 73 OF THE PwUC RECORDS OF COLLIER COUNTY, FLORIO& LYM IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 2S WT1,COLL'1ER COUNTY, FLORMA BEING MORE PARTICULARLY DF.SGRIBEO AS FOLLOWS. THE W=r LESS AND 3 FMr OF THE EAST 40 FEET OF OF THE EAST 730 FEEL OF SAID TRACT 107.;.; � THE NORTH 30 FEET OF PM TRACT 107 (THAT PART BEING AN EXISTING ROADWAY EAS E)N:' 1TiE t AFOREMMMMED PLAT), , CONTAINING 1,800 SQUARE FEET, MORE OR LESS. SKETCH k OFSORTPTION ONLY NOT A VOUNDARY SUIYEY amaslow FM COLLM CWJM 00VER16 W BOARD OF COUNTY COMIgS9aNER8 ODLLTER ROTILRIT,IRD an Bag= & Driwal4OM Ol': PROPOl n TBMPORIM COlaTRUMON 84SJ MEwr , PA= IQOTCB �01I iI..M`Fra`i.m � COLL= COMM, lwj?MA n.retwoi� Fae�w�� EXHIBIT 0 Agenda Item No. 16K2 October 26, 2010 Page 9 of 11 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL DIVISION COLLIER COUNTY, FLORIDA, a Political subdivision of the State of Florida, Petitioner, v Case No: Parcels: 169(FEE), 169(TCE) SCOTT FAUNCE, SR., et al., Defendants. MEDIATED SETTLEMENT AGREEMENT At a Mediation Conference held on October 4, 2010, the parties reached the following Settlement Agreement. Petitioner will pay to Respondents, Richard E. Bravieri and Margaret J. Bravieri, the sum of $ t�-� S�C�v v%1 uJ in full settlement of all claims for compensation from Petitioner whatsoever, including statutory interest, but excluding attorney's and expert's fees and costs. Said sum will be subject to claims of apportionment, if any. oun ' o e o g. Counsel for Petitioner and Respondents will jointly submit to the Court for t„ T � signature a mutually approved Stipulated FiO nal Judgment in this matter as soon as practical hereafter. Petitioner will pay Respondents the balance due of $ vy ry within - days of the actual .date of receipt by Petitioner's counsel of a conformed copy of L a. T. it the aforesaid Stipulated Final Judgment from the Court EXNIBR o� Agenda Item No. 16K2 October 26, 2010 Page 10 of 11 Coa W��• Settlement of this case is conditioned upon final approval by Collier County Board of County Commissioners. 0 J. � Attached hereto is an addendum to this agreement: z Yes No. Kft (;)$. This agreement dated October 4, 2010, and attached addendum, if any, contain(s) a4odthe agreeg mts of the parties. ft Vj.-j,a K►c-e-7r. Robert K.72hchpyootsquire Florida Bar N : 816604 Office of the County Attorney Harmon Turner Bldg. Naples, FL 34 Attorneys f Petition Office: 23 - 77'4 -8400 (WreV G. Diaz, Esc Florida Bar No: 816( 5001 West Cypress S Tampa, FL 33607 Office: (813) Fax: (813) -9030 (Mediator) 4V / %_ f E. Bravieri, Respondent Margaret J Bella Y. Patel, Esq�� Florida Bar No: Law Offices of Bella Y. Patel 13026 Waterford Drive Riverview, FL 33569 Attorney for Respondents, Bravieri Office: 813 - 643 -2762 EXHIBIT 12� a� I s a Agenda Item No. 16K2 October 26, 2010 Page 11 of 11 ADDENDUM This settlement is made subject to the following additional conditions: a.—%"Vvs .N 0.1) r). ae,-+ I" G-v- A@ O.l b;Vo d, t\ Nv7 irk. thn�,Gb �o ►aeS'� __ /V - G J 4N did' 'if9�+� hl �,►! aAu cQ C14eAR- 9_03.x`7 rr.4 L oZ Qf`yr ZZ00, r� om C u etiticner 'chard E. Bravien, ondent Mar Bra A'�RDespondent KJ�J� Robert N. c 'Es a Bell Y. Patel, Esquire Atto a on Attorney for Respondents EEXH,31T ew G. Diaz, Es q ' / Mediator vo I �.)