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Agenda 02/28/2017 Item #16K 602/28/2017 EXECUTIVE SUMMARY Recommendation to accept a Mediated Settlement Agreement and approve a proposed Stipulated Final Judgment for the taking of Parcel 268RDUE required for the Golden Gate Blvd. Project No. 60040 (west of 18th St. E. to east of Everglades Blvd.), in the pending case styled Collier County v. Taimy Morales, et al., Case No. 15-CA-0393. (Fiscal Impact: $36,113) OBJECTIVE: To accept a Mediated Settlement Agreement and approve a proposed Stipulated Final Judgment for the taking of Parcel 268RDUE required for the Golden Gate Blvd. Project No. 60040 (west of 18th St. E. to east of Everglades Blvd.). CONSIDERATIONS: On June 10, 2014, the Board authorized the condemnation of Parcel 268RDUE in order to construct roadway, drainage and utility improvements required for the expansion of Golden Gate Blvd. from west of 18th St. E. To east of Everglades Blvd. On July 30, 2015, the Court entered an Order of Taking for the required property and the County subsequently deposited a good faith estimate of value in the amount of $8,500.00 into the Court Registry. The Road Right -of-way Drainage and Utility Easement, approximately 6,450 square feet in size, was taken from property owned by Luis and Yolanda LeBron. An aerial photograph of the subject property is attached to this item for reference. At the Court Ordered Mediation held February 10, 2017, the owners, through their representatives and counsel, presented their demand for damages based on an independent engineering report, and the County countered with its own expert reports and staff experience. The County Attorney’s Office and Transportation staff recommends the Board accept the attached Mediated Settlement Agreement and approve the attached proposed Stipulated Final Judgment since a better r esult is not anticipated at Trial. The Court has set a Judicial Status Conference in this case for March 29, 2017. If this item is accepted and approved, the County will be obligated to pay an additional $36,113 over the amount already deposited; this amount includes all damages, attorneys and experts fees and costs. Upon approval, the County Attorney’s Office will file the Joint Motion with the Circuit Court. FISCAL IMPACT: Funds in the amount of $36,113 are available in the Golden Gate Blvd. Transportation Capital Improvement Project No. 60040. 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 action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. - JAB RECOMMENDATION: To accept a Mediated Settlement Agreement and approve a proposed Stipulated Final Judgment in the pending case styled Collier County v. Taimy Morales, et al., Case No. 15-CA-0393, for the taking of Parcel 268RDUE required for the Golden Gate Blvd. Project No. 60040 (west of 18th St. E. to east of Everglades Blvd.). Prepared by: Jennifer A. Belpedio, Assistant County Attorney ATTACHMENT(S) 1. Mediated Settlement Agreement (PDF) 16.K.6 Packet Pg. 1462 02/28/2017 2. Aerial Photograph of Parcel 268RDUE (PDF) 3. Proposed Stipulated Final Judgment parcel 268 (PDF) 16.K.6 Packet Pg. 1463 02/28/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.6 Doc ID: 2735 Item Summary: Recommendation to accept a Mediated Settlement Agreement and approve a proposed Stipulated Final Judgment for the taking of Parcel 268RDUE required for the Golden Gate Blvd. Project No. 60040 (west of 18th St. E. to east of Everglades Blvd.), in the pending case styled Collier County v. Taimy Morales, et al., Case No. 15-CA-0393. (Fiscal Impact: $36,113) Meeting Date: 02/28/2017 Prepared by: Title: Legal Office Administrator – County Attorney's Office Name: Debbie Allen 02/14/2017 10:52 AM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 02/14/2017 10:52 AM Approved By: Review: Transportation Engineering Jay Ahmad Additional Reviewer Completed 02/14/2017 11:07 AM Transportation Engineering Kevin Hendricks Additional Reviewer Completed 02/14/2017 12:10 PM Growth Management Department Gene Shue Additional Reviewer Completed 02/14/2017 4:59 PM Growth Management Department Jeanne Marcella Level 1 Division Reviewer Completed 02/15/2017 8:11 AM Growth Management Department Lisa Taylor Additional Reviewer Completed 02/15/2017 3:46 PM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 02/15/2017 3:49 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 02/16/2017 9:34 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/16/2017 9:59 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/16/2017 2:48 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 02/17/2017 3:58 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/19/2017 11:56 AM Board of County Commissioners MaryJo Brock Meeting Pending 02/28/2017 9:00 AM 16.K.6 Packet Pg. 1464 16.K.6.a Packet Pg. 1465 Attachment: Mediated Settlement Agreement (2735 : Mediated Settlement Agreement - Taimy Morales - Case No. 15-CA-0393 - project 60040 - 16.K.6.a Packet Pg. 1466 Attachment: Mediated Settlement Agreement (2735 : Mediated Settlement Agreement - Taimy Morales - Case No. 15-CA-0393 - project 60040 - LOCATION MAP PARCEL 268RDUE - GOLDEN GATE BOULEVARD PROJECT NO. 60040 (Not to Scale) PROPOSED EASEMENT PARCEL 268RDUE EXISTING 50 FT. ROAD EASEMENT PER PLAT 16.K.6.b Packet Pg. 1467 Attachment: Aerial Photograph of Parcel 268RDUE (2735 : Mediated Settlement Agreement - Taimy Morales - Case No. 15-CA-0393 - project 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, v. Case No.: 15-CA-0393 PARCEL: 268RDUE Taimy Morales; Joanne Marin; LUIS LEBRON; YOLANDA LEBRON; Florida Community Bank; BONIFACIO CRUZ; and PERFECTA GOMEZ CRUZ; Tilberto Gonzales; Respondents. [Respondents & Parcels reflected in italics indicate resolution through Dismissal or Final Judgment] __________________________________________/ PETITIONER COLLIER COUNTY AND RESPONDENTS LUIS LEBRON AND YOLANDA LEBRON’S JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCEL 268RDUE COMES NOW, Petitioner COLLIER COUNTY, FLORIDA, and Respondents LUIS LEBRON and YOLANDA LEBRON, by and through undersigned counsel, and hereby jointly and respectfully move this Honorable Court for entry of the proposed Stipulated Final Judgment Order as to Parcel 268RDUE, attached hereto as Exhibit “1”. ____________________________________ JENNIFER A. BELPEDIO, ESQ. Florida Bar No. 186030 Collier County Attorney’s Office 3299 East Tamiami Trail, Suite 800 Naples, FL 34112 Telephone: (239) 252-8400 CO-COUNSEL FOR PETITIONER jenniferbelpedio@colliergov.net colleengreene@colliergov.net nancybradley@colliergov.net ____________________________________ KENNETH A. JONES, ESQ. Florida Bar No. 200158 Roetzel & Andress, LPA 2320 First Street, Suite 1000 Fort Myers, FL 33901 Telephone: (239) 337-3850 COUNSEL FOR RESPONDENTS LUIS LEBRON and YOLAND LEBRON kjones@ralaw.com serve.kjones@ralaw.com 16.K.6.c Packet Pg. 1468 Attachment: Proposed Stipulated Final Judgment parcel 268 (2735 : Mediated Settlement Agreement - Taimy Morales - Case No. 15-CA-0393 - CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated Final Judgment was electronically filed with the Florida Courts E-Filing Portal which will send a notice of electronic filing to parties appearing via electronically, and by U.S. mail to parties as indicated on the Service List below on this _____ day of February, 2017. BY: ______________________________ JENNIFER A. BELPEDIO, ESQ. SERVICE LIST COLLIER COUNTY V. TAIMY MORALES, ET AL., Case No. 15-CA-0393 PARCEL 268RDUE LUIS LEBRON and YOLANDA LEBRON c/o Kenneth A. Jones, Esq. kjones@ralaw.com serve.kjones@ralaw.com Florida Community Bank [default] 15-CA-393/636 16.K.6.c Packet Pg. 1469 Attachment: Proposed Stipulated Final Judgment parcel 268 (2735 : Mediated Settlement Agreement - Taimy Morales - Case No. 15-CA-0393 - 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, v. Case No.: 15-CA-0393 PARCEL: 268RDUE Taimy Morales; Joanne Marin; LUIS LEBRON; YOLANDA LEBRON; FLORIDA COMMUNITY BANK; BONIFACIO CRUZ; and PERFECTA GOMEZ CRUZ; Tilberto Gonzales; Respondents. [Respondents & Parcels reflected in italics indicate resolution through Dismissal or Final Judgment] __________________________________________/ STIPULATED FINAL JUDGMENT AS TO PARCEL 268RDUE THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, and Respondents, LUIS LEBRON, and YOLANDA LEBRON, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 268RDUE for Project No. 60040, 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, LUIS LEBRON and YOLANDA LEBRON, and the Court being otherwise fully advised in the premises thereof, it is thereupon Exhibit “1” to Joint Motion for Stipulated Final Judgment 16.K.6.c Packet Pg. 1470 Attachment: Proposed Stipulated Final Judgment parcel 268 (2735 : Mediated Settlement Agreement - Taimy Morales - Case No. 15-CA-0393 - ORDERED AND ADJUDGED that Respondents, LUIS LEBRON, and YOLANDA LEBRON, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Thirty Two Thousand and No/100 Dollars ($32,000.00) for Parcel 268RDUE, 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 ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good faith estimate of value previously deposited in the amount of Eight Thousand Five Hundred and No/100 Dollars ($8,500.00), as payment for acquisition of Parcel 268RDUE, at which time title to said parcel as described in Exhibit “A” vested in the name of the Petitioner; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay $8,613.00 to Respondents for all attorneys’ fees and costs; and $4,000 for all experts’ fees and costs; for a total sum of $12,613.00; and no other attorneys and experts fees and costs shall be awarded in this case; it is further ORDERED that within thirty (30) days hereof, Petitioner shall pay the total sum of Thirty Six Thousand One Hundred Thirteen and No/100 Dollars ($36,113.00), to Roetzel & Andress, LPA, c/o Kenneth A. Jones, Esq., 2320 First Street, Suite 1000, Fort Myers, FL 33907, in additional funds over the amount previously deposited into the Court Registry; it is further ORDERED that this Order disposes of all claims arising out of the taking of Parcel 268RDUE and that have or could have been asserted in this cause; it is further ORDERED that the road right-of-way, drainage and utility easement interest to Parcel 268RDUE, being fully described in Exhibit “A” attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated July 30, 2015, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further Exhibit “1” to Joint Motion for Stipulated Final Judgment 16.K.6.c Packet Pg. 1471 Attachment: Proposed Stipulated Final Judgment parcel 268 (2735 : Mediated Settlement Agreement - Taimy Morales - Case No. 15-CA-0393 - ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 5125, Page 734 of the Public Records of Collier County, Florida be dismissed as to Parcel 268RDUE; it is further ORDERED that the Court reserves jurisdiction to enforce the terms of this Stipulated Final Judgment; it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is further DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ______________, 2017. _______________________________________ THE HONORABLE LAUREN L. BRODIE Circuit Court Judge Conformed Copies to: Jennifer A. Belpedio, Esq., Co-Counsel for PETITIONER, jenniferbelpedio@colliergov.net Kenneth A. Jones, Esq., Counsel for Respondents LUIS LEBRON & YOLANDA LEBRON, kjones@ralaw.com Clerk’s Office, Accounting Exhibit “1” to Joint Motion for Stipulated Final Judgment 16.K.6.c Packet Pg. 1472 Attachment: Proposed Stipulated Final Judgment parcel 268 (2735 : Mediated Settlement Agreement - Taimy Morales - Case No. 15-CA-0393 - 1' EXHIBIT "A" f I GOLDEN GATE BOULEVARD (CR 876) 44+00 145400 146 00 147400 48,-00 z 49+ 00 u }2 Pr 1 lipar sr Irdigliallailridinlier r `r 1r`ir'1r-"v . r Aft.40A.A. ' 41 7/02111rAMIRTT.•AL . g PROPOSED ROADWAY EASEMENT c PARCEL 268 ROUE I6.450 SO rr i 1 i 1fTRACT59TRACT 60 TRACT 61 GOLDEN GATE ESTATES A UNIT 51x I PLAT BOOK 5 PAGE 84 1 WEST 150 OF TRACT 60 LE BRON ViLLAIWZAR OR 2073/1047 OR 2827/2410 f i 4 l W+E S SQ. FT. SQUARE FEET OR OFFICIAL RECORDS (BOOK/PAGE) TEcm-ROW r,,.:. 2 PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROLE) FEB 0 1 2010 1 EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 84 LEGAL DESCRIPTION FOR PARCEL 268 ROUE A PORTION OF TRACT 60. GOLDEN GATE ESTATES. UNIT 51 AS RECORDED IN PLAT BOOK 5. PAGE 84 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, LYING IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COuNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS INC SOUTH 43 FEET OF THE NORTH 93 FEET OF THE WEST 150 FEET OF SAID TRACT 60 CONTAINING 6,450 SQUARE FEET, MORE OR LESS. 0 40 00 160 SKETCH & DESCRIPTION ONLY N G ESSa nlleAA., a sasPaCR N.asea;REGISalse Cis,..WNOTABOUNDARYSURVEYsoALsr-oo' ooL0,4 Can laIT Same,arleal,'NC ORIG.., Seatal:04;.. Re=INOOSSID W¼txrCRCOLLIERCOUNTYGOVERNMENTBOARDOFCOUNTYCOMMISSIONERSAFL6001A*62 - o 0/42,Eutaw.SUM/Vela ielP 1.11PPIR GOLDEN CATE BOULEVARD 1;11I/A'Plamda.VisalissimSKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT NSUL INC1 Cre61266220akts1. V VA A. Slawykg&IhiffirdPARCEL288RDUEWMVASowPa*Driv4.Sule 200 Naples.Nna.341CeCOLLIER COUNTY, FLORIDA p4o,a 123915076076 FAX(230) 607-0621 LBW 0062 JOT) NUMBER I RivIr.,10+4 I SECTION I TOVONSI-0P I RANCE I SCALE I DATE I DRAWN BY TILE NAME i Slick!. C cC21-7 00 01 00011 REV 01 1 49 27 1" - o 0* DEC 2009 S 0 i SK 268 1 oF I C)Exhibit "1" to Joint Motion for Stipulated Final Judgment 16.K.6.c Packet Pg. 1473 Attachment: Proposed Stipulated Final Judgment parcel 268 (2735 : Mediated Settlement Agreement - Taimy Morales - Case No. 15-CA-0393 -