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Agenda 02/28/2017 Item #16K 902/28/2017 EXECUTIVE SUMMARY Recommendation to approve a proposed Stipulated Final Judgment for the taking of Parcel 239DAME required for LASIP Project No. 51101, (Crews Road, Cope Lane and Sandy Lane/Wing South Interconnect), in the pending case styled Collier County v. John Lespade, et al., Case No. 14- CA-2316. (Fiscal Impact: $18,557) OBJECTIVE: To approve a proposed Stipulated Final Judgment for the taking of Parcel 239DAME required for the LASIP Project No. 51101, (Crews Road, Cope Lane and Sandy Lane/Wing South Interconnect). CONSIDERATIONS: On June 11, 2013, the Board of County Commissioners (Board) authorized the condemnation of Parcel 239DAME in order to construct stormwater improvements as part of the Lely Area Stormwater Improvement Project (“LASIP”). On January 8, 2015, the court entered a Stipulated Order of Taking for the required property and the County subsequently deposited a good faith estimate of value in the amount of $9,700 into the Court Registry. The perpetual, non-exclusive Drainage, Access and Maintenance Easement, approximately 9,900 square feet in size, was taken from property owned by Michael and Deborah Lee. An aerial photograph of the subject property is attached to this item for reference. After an exchange and review of appraisals, the parties negotiated a tentative settlement, and were able to avoid the cost of the Court Ordered Mediation scheduled for February 21, 2017. The County Attorney’s Office (CAO) and Transportation staff recommends the Board approve the attached proposed Stipulated Final Judgment since a better result is not anticipated at Trial. The Court has set a Judicial Status Conference in this case for May 9, 2017. If the Board approves this item, the County will be obligated to pay an additional $18,557 over the amount already deposited; this amount includes all damages, attorneys and experts fees and costs. Upon approval, the CAO will file the Joint Motion with the Circuit Court. FISCAL IMPACT: Funds in the amount of $18,557 are available in the LASIP Project No. 51101, (Crews Road, Cope Lane and Sandy Lane/Wing South Interconnect). The primary funding source for this acquisition is within the Stormwater Capital Improvement Fund 325. Source of funds is transfers from the General Fund (001) and Unincorporated Area General Fund (111). 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 approve a proposed Stipulated Final Judgment for the taking of Parcel 239DAME required for the LASIP Project No. 51101, (Crews Road, Cope Lane and Sandy Lane/Wing South Interconnect), in the pending case styled Collier County v. John Lespade, et al., Case No. 14-CA- 2316. PREPARED BY: Jennifer A. Belpedio, Assistant County Attorney ATTACHMENT(S) 1. Aerial Photograph of Parcel 239DAME (DOCX) 2. Proposed Stipulated Final Judgment p 239 (PDF) 16.K.9 Packet Pg. 1519 02/28/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.9 Doc ID: 2765 Item Summary: Recommendation to approve a proposed Stipulated Final Judgment for the taking of Parcel 239DAME required for LASIP Project No. 51101, (Crews Road, Cope Lane and Sandy Lane/Wing South Interconnect), in the pending case styled Collier County v. John Lespade, et al., Case No. 14-CA-2316. (Fiscal Impact: $18,557) Meeting Date: 02/28/2017 Prepared by: Title: Legal Office Administrator – County Attorney's Office Name: Debbie Allen 02/16/2017 2:08 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 02/16/2017 2:08 PM Approved By: Review: Transportation Engineering Jay Ahmad Additional Reviewer Completed 02/16/2017 2:11 PM Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 02/16/2017 2:16 PM Transportation Engineering Kevin Hendricks Additional Reviewer Completed 02/16/2017 2:28 PM Capital Project Planning, Impact Fees, and Program Management Rookmin Nauth Additional Reviewer Completed 02/16/2017 2:32 PM Growth Management Department Gene Shue Additional Reviewer Completed 02/16/2017 3:09 PM Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 02/17/2017 9:50 AM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 02/17/2017 1:17 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 02/17/2017 2:34 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/17/2017 2:52 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 02/17/2017 3:32 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/17/2017 3:46 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/19/2017 12:06 PM Board of County Commissioners MaryJo Brock Meeting Pending 02/28/2017 9:00 AM 16.K.9 Packet Pg. 1520 AERIAL PHOTO OF LEE PROPERTY & PARCEL 239DAME - PARCEL 239DAME 16.K.9.a Packet Pg. 1521 Attachment: Aerial Photograph of Parcel 239DAME (2765 : Stipulated Final Judgment - John Lespade - 14-CA-2316 - project 51101 - parcel 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.: 14-CA-2316 PARCEL: 239DAME John Lespade; Charlene Lespade; Building Investmenet Corporation, a Florida Corporation; Earl K. Oman Trustee, Unnamed Trust; MICHAEL C. LEE; DEBORAH A. LEE; Wells Fargo Bank, N.A.; S.D. Corporation of Naples, Inc., as General Partner of Wing South Development, Ltd., a Florida Limited Partnership, Respondents. [Respondents & Parcels reflected in italics indicate removal from action by Dismissal, Final Judgment, or Default] _____________________________________________/ PETITIONER COLLIER COUNTY AND RESPONDENTS MICHAEL C. LEE AND DEBORAH A. LEE’S JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCEL 239DAME COMES NOW, Petitioner COLLIER COUNTY, FLORIDA, together with Respondents MICHAEL C. LEE and DEBORAH A. LEE, by and through undersigned counsel, and hereby respectfully move for entry of the proposed Stipulated Final Judgment as to Parcel 239DAME, 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 COUNSEL FOR PETITIONER jenniferbelpedio@colliergov.net colleengreene@colliergov.net nancybradley@colliergov.net _________________________________ JOHN G. VEGA, ESQ. Florida Bar No. 946265 John G. Vega, P.A. 2666 Airport Road South Naples, FL 34112 Telephone: (239) 659-3251 COUNSEL FOR RESPONDENTS MICHAEL C. LEE and DEBORAH A. LEE vegaoffice@gate.net 16.K.9.b Packet Pg. 1522 Attachment: Proposed Stipulated Final Judgment p 239 (2765 : Stipulated Final Judgment - John Lespade - 14-CA-2316 - project 51101 - parcel CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated Final Judgment as to Parcel 239DAME 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 PARCEL 239DAME MICHAEL C. LEE and DEBORAH A. LEE c/o John G. Vega, Esq. vegaoffice@gate.net Wells Fargo Bank, N.A. [dropped 12-04-14] 14-2316-CA/1156 16.K.9.b Packet Pg. 1523 Attachment: Proposed Stipulated Final Judgment p 239 (2765 : Stipulated Final Judgment - John Lespade - 14-CA-2316 - project 51101 - parcel 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.: 14-CA-2316 PARCEL: 239DAME John Lespade; Charlene Lespade; Building Investmenet Corporation, a Florida Corporation; Earl K. Oman Trustee, Unnamed Trust; MICHAEL C. LEE; DEBORAH A. LEE; Wells Fargo Bank, N.A.; S.D. Corporation of Naples, Inc., as General Partner of Wing South Development, Ltd., a Florida Limited Partnership, Respondents. [Respondents & Parcels reflected in italics indicate removal from action by Dismissal, Final Judgment, or Default] _____________________________________________/ STIPULATED FINAL JUDGMENT AS TO PARCEL 239DAME THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, and Respondents, MICHAEL C. LEE, and DEBORAH A. LEE, by and through counsel, for entry of a Stipulated Final Judgment as to Parcel 239DAME for Project No. 51101, 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, MICHAEL C. LEE and DEBORAH A. LEE, 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.9.b Packet Pg. 1524 Attachment: Proposed Stipulated Final Judgment p 239 (2765 : Stipulated Final Judgment - John Lespade - 14-CA-2316 - project 51101 - parcel ORDERED AND ADJUDGED that Respondents, MICHAEL C. LEE, and DEBORAH A. LEE, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Twenty Eight Thousand Two Hundred Fifty Seven and No/100 Dollars ($28,257.00) for Parcel 239DAME, 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, attorneys’ fees and costs, and experts’ fees and costs, 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 Nine Thousand Seven Hundred and No/100 Dollars ($9,700.00), as payment for acquisition of Parcel 239DAME, at which time title to said parcel as described in Exhibit “A” vested in the name of the Petitioner; it is further ORDERED, that within thirty (30) days of entry of this Stipulated Final Judgment, the Clerk shall disburse from the Court Registry the amount of Nine Thousand Seven Hundred and No/100 Dollars ($9,700.00) to John G. Vega, P.A., c/o John G. Vega, Esq., 2666 Airport Road South, Naples, FL 34112; it is further ORDERED that within thirty (30) days hereof, Petitioner shall pay the total sum of Eighteen Thousand Five Hundred Fifty Seven and No/100 Dollars ($18,557.00), to John G. Vega, P.A., c/o John G. Vega, Esq., 2666 Airport Road South, Naples, FL 34112, 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 239DAME and that have or could have been asserted in this cause; it is further Exhibit “1” to Joint Motion for Stipulated Final Judgment 16.K.9.b Packet Pg. 1525 Attachment: Proposed Stipulated Final Judgment p 239 (2765 : Stipulated Final Judgment - John Lespade - 14-CA-2316 - project 51101 - parcel ORDERED that the perpetual, non-exclusive Drainage, Access and Maintenance Easement interest to Parcel 239DAME, being fully described in Exhibit “A” attached hereto and incorporated herein, which vested in Petitioner pursuant to the Stipulated Order of Taking dated January 8, 2015, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 5087, Page 3171 of the Public Records of Collier County, Florida be dismissed as to Parcel 239DAME; 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., Counsel for PETITIONER, jenniferbelpedio@colliergov.net John G. Vega, Esq., Counsel for Respondents MICHAEL C. LEE and DEBORAH A. LEE, vegaoffice@gate.net Clerk’s Accounting Exhibit “1” to Joint Motion for Stipulated Final Judgment 16.K.9.b Packet Pg. 1526 Attachment: Proposed Stipulated Final Judgment p 239 (2765 : Stipulated Final Judgment - John Lespade - 14-CA-2316 - project 51101 - parcel Exhibit "1" to Joint Motion for Stipulated Final Judgment 16.K.9.b Packet Pg. 1527 Attachment: Proposed Stipulated Final Judgment p 239 (2765 : Stipulated Final Judgment - John Lespade - 14-CA-2316 - project 51101 - parcel