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Agenda 04/11/2017 Item #16K 304/11/2017 EXECUTIVE SUMMARY Recommendation to approve a settlement in the amount of $28,257 for the taking of Parcel 241DAME required for the Lely Area Stormwater Improvement Project, Project No. 51101, (Crews Road, Cope Lane, and Sandy Lane/Wing South Interconnect), in the pending case styled Collier County v. Dan A. Eby, et al., Case No. 14-CA-2374. (Fiscal Impact: $18,527) OBJECTIVE: To settle full compensation owed for the taking of Parcel 241DAME required for the Lely Area Stormwater Improvement Project (LASIP), Project No. 51101 (Crews Road, Cope Lane, and Sandy Lane/Wing South Interconnect). CONSIDERATIONS: On June 11, 2013, the Board authorized the condemnation of Parcel 241DAME in order to construct stormwater improvements as part of Crews Road, Cope Lane, and Sandy Lane/Wing South Interconnect portion of LASIP. On January 5, 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 $9,730 into the Court Registry. Parcel 241DAME is a 9,810 square foot perpetual, non- exclusive Drainage, Access and Maintenance Easement, and was taken from the rear of the property owned by Dan and Karen Eby. An aerial photograph of the subject property is attached for reference. Through negotiations with counsel for the owners, the parties reached a settlement as to full compensation of the property taken of $21,000, plus $3,000 for expert’s fees and $4,257 for statutory attorney’s fees, for a total amount of $28,257. If the Board approves this item, the County will be obligated to pay the balance of $18,527 over the previously deposited $9,730. The County Attorney’s Office (CAO) and Transportation staff recommend that the Board approve the attached Stipulated Final Judgment since a better result is not anticipated at trial. Upon approval, the CAO will file the attached Joint Motion with the Circuit Court. FISCAL IMPACT: Funds in the amount of $18,527 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 prepared by the County Attorney’s Office, is approved as to form and legality, and requires a majority vote for Board approval. - ERP RECOMMENDATION: To approve a settlement in the amount of $28,257 for the taking of Parcel 241DAME required for LASIP, Project No. 51101, (Crews Road, Cope Lane, and Sandy Lane/Wing South Interconnect), in the pending case styled Collier County v. Dan A. Eby, et al., Case No. 14-CA- 2374. Prepared By: Emily R. Pepin, Assistant County Attorney ATTACHMENT(S) 1. Aerial Photo Showing Parcel 241DAME (PDF) 2. Proposed Stipulated Final Judgment as to Parcel 241DAME (PDF) 16.K.3 Packet Pg. 1217 04/11/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.3 Doc ID: 2973 Item Summary: Recommendation to approve a settlement in the amount of $28,257 for the taking of Parcel 241DAME required for the Lely Area Stormwater Improvement Project, Project No. 51101, (Crews Road, Cope Lane and Sandy Lane/Wing South Interconnect), in the pending case styled Collier County v. Dan A. Eby, et al., Case No. 14-CA-2374. (Fiscal Impact: $18,527) Meeting Date: 04/11/2017 Prepared by: Title: Legal Office Administrator – County Attorney's Office Name: Debbie Allen 03/30/2017 11:14 AM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 03/30/2017 11:14 AM Approved By: Review: Growth Management Department Lisa Taylor Additional Reviewer Completed 03/30/2017 11:22 AM Transportation Engineering Kevin Hendricks Additional Reviewer Completed 03/30/2017 12:10 PM Growth Management Department Jeanne Marcella Level 1 Division Reviewer Completed 03/30/2017 1:44 PM Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 03/30/2017 2:01 PM Transportation Engineering Jay Ahmad Additional Reviewer Completed 03/30/2017 3:11 PM Growth Management Department James French Additional Reviewer Completed 03/30/2017 4:08 PM Growth Management Department Debbie Allen Level 2 Division Administrator Skipped 03/29/2017 10:41 AM County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 03/30/2017 4:28 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/31/2017 8:06 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/31/2017 10:32 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 03/31/2017 1:27 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/03/2017 11:13 AM Board of County Commissioners MaryJo Brock Meeting Pending 04/11/2017 9:00 AM 16.K.3 Packet Pg. 1218 AERIAL PHOTO OF PARCEL 241DAME (EBY) SHOWING PARCEL TAKEN - 30’ 16.K.3.a Packet Pg. 1219 Attachment: Aerial Photo Showing Parcel 241DAME (2973 : Settlement - $28,257 - Parcel 241DAME - Lely Stormwater Improvement Project - 16.K.3.b Packet Pg. 1220 Attachment: Proposed Stipulated Final Judgment as to Parcel 241DAME (2973 : Settlement - $28,257 - CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated Final Judgment as to Parcel 241DAME 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 April, 2017. BY: _______________________________ EMILY R. PEPIN, ESQ. SERVICE LIST COLLIER COUNTY V. DAN A. EBY, ET AL., Case No. 14-CA-2374 PARCEL 241DAME DAN A. EBY and KAREN L. EBY c/o John G. Vega, Esq. vegaoffice@gate.net Florida Dept. of Education [dropped 121014] c/o Lois S. Tepper, Esq. 14-CA-2374/472 16.K.3.b Packet Pg. 1221 Attachment: Proposed Stipulated Final Judgment as to Parcel 241DAME (2973 : Settlement - $28,257 - Parcel 241DAME - Lely Stormwater 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.: 14-CA-2374 v. PARCEL: 241DAME DAN A. EBY; KAREN L. EBY; Florida Department of Education; James E. Poole, Jr.; Filomena A. Poole; Larry Ray, Collier County Tax Collector; and Skilac13, LLC; Respondents. [Respondents & Parcels reflected in italics indicate removal from action by Dismissal, Final Judgment, or Default] _____________________________________________/ STIPULATED FINAL JUDGMENT AS TO PARCEL 241DAME THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, and Respondents, DAN A. EBY, and KAREN L. EBY, by and through counsel, for entry of a Stipulated Final Judgment as to Parcel 241DAME 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, DAN A. EBY, and KAREN L. EBY, 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.3.b Packet Pg. 1222 Attachment: Proposed Stipulated Final Judgment as to Parcel 241DAME (2973 : Settlement - $28,257 - Parcel 241DAME - Lely Stormwater ORDERED AND ADJUDGED that Respondents, DAN A. EBY, and KAREN L. EBY, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Twenty One Thousand and No/100 Dollars ($21,000.00) for Parcel 241DAME, as full payment for the property interest taken and for any damages resulting to the remainder, if less than the entire property was taken, improvements in the take, costs to cure, and for all other damages, in connection with said parcel; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay Seven Thousand Two Hundred Fifty Seven and No/100 Dollars, ($7,257.00) to Respondents for all attorney’s fees, expert fees and costs, and no other attorney’s or expert fees or costs shall be awarded in this case; 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 Thirty and No/100 Dollars ($9,730.00), as payment for acquisition of Parcel 241DAME, 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 Thirty and No/100 Dollars ($9,730.00) 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 Twenty Seven and No/100 Dollars ($18,527.00), 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 Exhibit “1” to Joint Motion for Stipulated Final Judgment 16.K.3.b Packet Pg. 1223 Attachment: Proposed Stipulated Final Judgment as to Parcel 241DAME (2973 : Settlement - $28,257 - Parcel 241DAME - Lely Stormwater ORDERED that this Order disposes of all claims arising out of the taking of Parcel 241DAME and that have or could have been asserted in this cause; it is further ORDERED that the perpetual, non-exclusive Drainage, Access and Maintenance Easement interest to Parcel 241DAME, being fully described in Exhibit “A” attached hereto and incorporated herein, which vested in Petitioner pursuant to the Stipulated Order of Taking dated January 5, 2015, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 5090, Page 1106 of the Public Records of Collier County, Florida be dismissed as to Parcel 241DAME; 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 April, 2017. _______________________________________ THE HONORABLE LAUREN L. BRODIE Circuit Court Judge Conformed Copies to: Emily R. Pepin, Esq., Counsel for PETITIONER, emilypepin@colliergov.net John G. Vega, Esq., Counsel for Respondents, DAN A. EBY, and KAREN L. EBY, vegaoffice@gate.net Clerk’s Accounting Exhibit “1” to Joint Motion for Stipulated Final Judgment 16.K.3.b Packet Pg. 1224 Attachment: Proposed Stipulated Final Judgment as to Parcel 241DAME (2973 : Settlement - $28,257 - Parcel 241DAME - Lely Stormwater Exhibit "1" to Joint Motion for Stipulated Final Judgment 16.K.3.b Packet Pg. 1225 Attachment: Proposed Stipulated Final Judgment as to Parcel 241DAME (2973 : Settlement - $28,257 - Parcel 241DAME - Lely Stormwater Exhibit "1" to Joint Motion for Stipulated Final Judgment 16.K.3.b Packet Pg. 1226 Attachment: Proposed Stipulated Final Judgment as to Parcel 241DAME (2973 : Settlement - $28,257 - Parcel 241DAME - Lely Stormwater