Agenda 05/23/2017 Item #16K 205/23/2017
EXECUTIVE SUMMARY
Recommendation to accept two Mediated Settlement Agreements in the total amount of $112,972
and approve Stipulated Final Judgments for the taking of Parcels 253DE, 254DE, and 254TCE
required for the Lely Area Stormwater Improvement Project (“LASIP”), Wing South portion,
Project No. 51101, in the pending case styled Collier County v. Lori R. Lear, et al., Case No. 15-CA-
1599.
OBJECTIVE: To accept two Mediated Settlement Agreements and approve Stipulated Final Judgments
to settle full compensation owed for the taking of Parcels 253DE, 254DE, and 254TCE, required for the
Lely Area Stormwater Improvement Project (“LASIP”), Wing South portion, Project No. 51101.
CONSIDERATIONS: On June 9, 2015, the Board authorized the condemnation of Parcels 253DE,
254DE, and 254TCE for improvements to an existing drainage system as part of the LASIP Project No.
51101, Wing South portion.
Parcel 253DE
On November 4, 2015, the Court entered a Stipulated Order of Taking for Parcel 253DE and the County
subsequently deposited a good faith estimate of value of $6,300 into the Court Registry. Parcel 253DE is
a drainage easement totaling approximately 1,434 square feet in size, and was taken from property owned
by Lori & Gregory Lear. An aerial photograph of the subject property is attached for reference.
At the outset of the Court Ordered Mediation held April 26, 2017, the owners, through their
representatives and counsel, presented their demand for full compensation (inclusive of the value of the
easement rights taken, improvements located within the easement, severance damages to the remainder
and costs-to-cure) based on independent appraisals and engineering reports which totaled $19,300.
Demands for expert costs were $12,696, bringing the total amount demanded for final compensation of
the property and expert costs to $31,996, excluding statutory attorney fees. A Mediated Settlement
Agreement was negotiated for full compensation of the property of $16,000, plus expert fees and costs of
$10,791, for a total cost of $26,791, $5,000 less than the original demand. Property owner attorney fees
based upon the statutory benefit formula totaled $3,267.
Parcels 254DE and 254TCE
On November 4, 2015, the Court entered a Stipulated Order of Taking for Parcels 254DE and 254TCE
and the County subsequently deposited a good faith estimate of value in the amount of $19,000 into the
Court Registry. The Drainage and Temporary Construction Easements total approximately 5,488 square
feet in size, and were taken from two separate lots each developed with a single family residence owned
by Paul & Elaine Witten. Aerial photographs of the subject property are attached for reference.
At the outset of the Court Ordered Mediation held April 26, 2017, the owners, through their
representatives and counsel, presented their demand for full compensation (inclusive of the value of the
easement rights taken, improvements located within the easements, severance damages to the remainders
and costs-to-cure) based on independent appraisals and engineering reports which totaled $91,600.
Demands for expert costs were $12,696, bringing the total amount demanded for final compensation of
the property and expert costs to $31,996, excluding attorney fees. A Mediated Settlement Agreement was
negotiated for full compensation of the property of $68,500, plus expert fees and costs of $18,084, for a
total cost of $86,584, $26,292 less than the original demand. Property owner attorney fees based upon
the statutory benefit formula totaled $21,630.
16.K.2
Packet Pg. 1000
05/23/2017
The Mediated Settlement Agreement for Parcels 254DE and 254TCE also requires the County to install
fencing and gating that would result in an unbroken fence barrier on the easterly boundary of the
properties encumbered by the easement and running the entire north/south span to prevent public access
to the drainage easement.
The County Attorney’s Office (“CAO”) and Transportation staff recommends the Board approve the
attached Mediated Settlement Agreements and authorize the entry with the Circuit Court of the attached
proposed Stipulated Final Judgments since a better result is not anticipated at Trial. The Court has
ordered a Judicial Status Conference in this case for June 7, 2017. Upon Board approval, the CAO will
file with the Circuit Court the Joint Motions for entry of Stipulated Final Judgments incorporating the
terms of the Mediated Settlement Agreements.
It is important to note that, while testimony regarding severance damages caused as a result of the project
and compensation for costs to cure said damages may be stricken at a jury trial if inappropriate
methodology was employed by the real estate appraiser; it costs so much just to conduct an eminent
domain jury trial (with virtually ALL of the costs being borne by the petitioner Collier County) often
resulting in an unpredictable verdict. Accordingly, a negotiated settlement is often prudent in light of
unpredictable severance damages and the costs-to-cure. While the real estate appraiser’s task is to
estimate market value and to extrapolate from the real estate market the severance damages accruing to
the remainder property as a result of the loss of the part taken and the construction of the improvements
proposed to constructed, it is not unusual for the construction of the proposed improvements to have
unintended consequential impacts upon the remainder property which are difficult to measure using
accepted standards of market valuation. In such instances, juries in eminent domain trials are free to
reach consensus and render verdicts which express their collective sense of justice and fairness in making
the property owners “whole” again.
FISCAL IMPACT: Funds in the amount of $112,972 to pay the property owners and their experts and
attorney are available in the LASIP Project No. 51101, (Wing South portion). 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: None.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - JAB
RECOMMENDATION: To approve two Mediated Settlement Agreements and authorize the entry by
the Circuit Court of the proposed Stipulated Final Judgments for the taking of Parcels 253DE, 254DE,
and 254TCE required for the Lely Area Stormwater Improvement Project (“LASIP”), Wing South
portion, Project No. 51101, in the pending case styled Collier County v. Lori R. Lear, et al., Case No. 15-
CA-1599.
PREPARED BY: Jennifer A. Belpedio, Assistant County Attorney, and
Kevin Hendricks, Right-of-Way Acquisition Manager
ATTACHMENT(S)
1. Mediated Settlement Agreement - parcel 253 (PDF)
2. Aerial photograph - Parcel 253 (PDF)
3. Mediated Settlement Agreement - Parcel 254 (PDF)
4. Aerial photograph - Parcel 254 (PDF)
16.K.2
Packet Pg. 1001
05/23/2017
5. Joint Motion for Stipulated Final Judgment - Parcel 253 (PDF)
6. Joint Motion for Stipulated Final Judgment - Parcel 254 (PDF)
16.K.2
Packet Pg. 1002
05/23/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2
Doc ID: 3193
Item Summary: Recommendation to accept two Mediated Settlement Agreements in the total
amount of $112,972 and approve Stipulated Final Judgments for the taking of Parcels 253DE, 254DE,
and 254TCE required for the Lely Area Stormwater Improvement Project (“LASIP”), Wing South
portion, Project No. 51101, in the pending case styled Collier County v. Lori R. Lear, et al., Case No. 15-
CA-1599.
Meeting Date: 05/23/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
05/15/2017 3:52 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
05/15/2017 3:52 PM
Approved By:
Review:
Growth Management Department Lisa Taylor Additional Reviewer Completed 05/15/2017 4:02 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 05/15/2017 4:04 PM
Growth Management Department Jeanne Marcella Level 1 Division Reviewer Completed 05/16/2017 8:44 AM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 05/16/2017 10:43 AM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 05/16/2017 1:39 PM
Growth Management Department Debbie Allen Level 2 Division Administrator Skipped 05/10/2017 3:49 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 05/16/2017 2:04 PM
Growth Management Department James French Additional Reviewer Completed 05/16/2017 5:45 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/17/2017 7:55 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/17/2017 9:21 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 05/17/2017 10:26 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 05/17/2017 1:18 PM
Board of County Commissioners MaryJo Brock Meeting Pending 05/23/2017 9:00 AM
16.K.2
Packet Pg. 1003
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.
LORI R. LEAR; GREGORY E. LEAR;
MARKETPLACE HOME MORTGAGE, LLC;
Community Shores Bank; Larry H. Ray,
Collier County Tax Collector;PAUL WITTEN;
ELAINE WITTEN; and Wells Fargo Bank,
National Association, successor by merger or
acquisition to Wachovia Bank, National Association;
Respondents.
[Respondents & Parcels reflected in italics indicate removal
from action by Dismissal, Final Judgment, or DefaultJ
Case No.: 15-CA-1599
PARCELS: 253D8:
MEDIATION SETTLEMENT AGREEMENT
At a Mediation Conference held on Wednesday, April 26, 2017, the parties reached the
following Settlement Agreement.
1. Petitioner will pay to Respondents, Lori R. Lear and Gregory E. Lear as to Parcel
253DE, the sum of $16,000.00 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.
2. Petitioner is entitled to a credit in the amount of $6, 300.00, which was previously
deposited in the Registry of the Court in this case by Petitioner.
3. In addition to the settlement amount referenced in Paragraph 1 of this Settlement
Agreement, Petitioner will pay to the trust account of Respondents' attorney the sum of $3,267.00 in
Page I of2
16.K.2.a
Packet Pg. 1004 Attachment: Mediated Settlement Agreement - parcel 253 (3193 : Mediated Settlement Agreements - Parcels 253DE 254DE amd 254TCE - project
full settlement and satisfaction of attorney's fees, including fees related to the monetary benefits,
non-monetary benefits and supplemental proceedings, if any.
4. In addition to the above-reference settlement sum and the above-reference attorney's
fees, Petitioner will pay to the trust account of Respondents' attorney the sum ot$ .10,11 I .@
in full settlement and satisfaction of all expert witness costs and attorney litigation costs in this case.
5. Counsel for Petitioner and Respondents will jointly submit to the Court for signature
a mutually approved Stipulated Final Judgment in this matter as soon as practical hereafter.
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Petitioner will pay Respondents the balance due of $ 2 3, 1SY , tD LYS* b6.
within thirty (30) days of the actual date of receipt by Petitioner's counsel of a conformed copy of
the aforesaid Stipulated Final Judgment from the Court. Payment will be made payable to the trust
account of Robins Kaplan LLP and mailed to Respondents' counsel.
7. Settlement of this case is conditioned upon final approval by Collier County.
8. Attached hereto is an addendum to this asreement:Yes X No.
9. This agreement dated April26,2017, and attached addendum, if any contain(s) all of
the agreements of the parties.
For Collier Countv
endricks
Page 2 of 2
16.K.2.a
Packet Pg. 1005 Attachment: Mediated Settlement Agreement - parcel 253 (3193 : Mediated Settlement Agreements - Parcels 253DE 254DE amd 254TCE - project
AERIAL MAP – PARCEL 253DE
(NOT TO SCALE)
PARCEL 253DE
16.K.2.b
Packet Pg. 1006 Attachment: Aerial photograph - Parcel 253 (3193 : Mediated Settlement Agreements - Parcels 253DE 254DE amd 254TCE - project 51101 -
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.: 15-CA-1599
LORI R. LEAR; GREGORY E. LEAR; PARCELS: 254DE and254TCE
MARKETPLACE HOME MORTGAGE, LLC;
Community Shores Bank; Larry H. Ray,
Collier County Tax Collector;PAUL WITTEN;
ELAINE WITTEN; andWells Fargo Bank,
National Association, successor by merger or
acquisition to Wochovia Bank, Nationql Association;
Respondents.
[Respondents & Parcels reflected in italics indicate removal
from action by Dismissal, Final Judgment, or DefoultJ
/
MEDIATION SETTLEMENT AGREEMENT
At a Mediation Conference held on Wednesday, April 26, 2017, the parties reached the
following Settlement Agreement.
1. Petitioner will pay to Respondents, Paul Witten and Elaine Witten, as to Parcel
254D8 and Parcel 254TCE, the sum of $68,500.00 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.
2. Petitioner is entitled to a credit in the amount of $19,000.00, which was previously
deposited in the Registry of the Court in this case by Petitioner.
3. In addition to the settlement amount referenced in Paragraph I of this Settlement
Agreement, Petitioner will pay to the trust account of Respondents' attorney the sum of $21,630.00
in full settlement and satisfaction of attorney's fees, including fees related to the monetary benefits,
non-monetary benefits and supplemental proceedings, if any.
Page I of2
16.K.2.c
Packet Pg. 1007 Attachment: Mediated Settlement Agreement - Parcel 254 (3193 : Mediated Settlement Agreements - Parcels 253DE 254DE amd 254TCE -
4. In addition to the above-referenced settlement sum and the above-referenced
attomey's fees, Petitioner will pay to the trust account of Respondents' attorney the sum of
$18,084.00 in full settlement and satisfaction of all expert witness costs and attorney litigation costs
in this case.
5. Counsel for Petitioner and Respondents will jointly submit to the Court for signature
a mutually approved Stipulated Final Judgment in this matter as soon as practical hereafter.
6. Petitioner will pay Respondents the balance due of $89,214.00 within thirty (30) days
of the actual date of receipt by Petitioner's counsel of a conformed copy of the aforesaid Stipulated
Final Judgment from the Court. Payment will be made payable to the trust account of Robins
Kaplan LLP and mailed to Respondents' counsel.
7. Settlement of this case is conditioned upon final approval by Collier County.
8. Attached hereto is an addendum to this agreement: X-. Yes No.
9. This agreement dated April26,2017, and attached addendum, if any contain(s) all of
the agreements of the parties.
65336r92.1
Belpedio,
Tara Miller Dane Mediator
Witten
Michael Whitt, Esquire
Page 2 of2
16.K.2.c
Packet Pg. 1008 Attachment: Mediated Settlement Agreement - Parcel 254 (3193 : Mediated Settlement Agreements - Parcels 253DE 254DE amd 254TCE -
v.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLTER COIJNTY. FLORIDA
CNIL ACTION
COLLIER COLINTY, FLORIDA, A
political subdivision of the State of Florida,
Petitioner.
Case No.: 15-CA-1599
LORI R. LEAR; GREGORY E. LEAR; PARCELS:254DE and254TCE
MARKETPLACE HOME MORTGAGE, LLC;
Community Shores Bank; Larry H. Ray,
Collier County Tax Collector;PAUL WITTEN;
ELAINE WITTEN; andLlrells Fargo Bank,
National Association, successor by merger or
acquisition to Wachovia Bank, National Association;
Respondents.
[Respondents & Parcels reflected in italics indicate rbmoval
from action by Dismissal, Final Judgment, or DefaultJ
t
ADDENDUM TO.N{EDI4,TIqN SETTLEMENT AGREryMENT
Collier County shall, within ninety (90) days from the entry of a Stipulated Final Judgment
in this action, install fencing and gate(s) at the easterly terminus of Parkers Hammock Road.
Such fencing and gate(s) will be installed and maintained solely at the County's expense, shall
remain locked at all times (except when being used by County personnel tq access the drainage
facilities in the vicinity). The County will maintain sole control over the keys and sole control
over access to the gate(s).
The County agrees to install fencing and gate(s) using materials similar in nature to the
fencing and gate(s) located at the eastern terminus of Adkins Avenue. The County shall ensure
that the fencing and gate(s) span the entire sixty (60) feet right-of-way across Parkers Hammock
Road, and agrees that the Respondents shall have the right to attach the fences along the easterly
property boundaries (or otherwise located on the eastern part of their properties lying north and
south of Parkers Hammock Road) to the County's fence. The parties acknowledge the intent is
to provide an unbroken fence barrier on the easterly boundary running the entire north/south span
of Respondents' properties encumbered by Parcels 254D8 and254TCE.
65336212.1
16.K.2.c
Packet Pg. 1009 Attachment: Mediated Settlement Agreement - Parcel 254 (3193 : Mediated Settlement Agreements - Parcels 253DE 254DE amd 254TCE -
Graphic depictions of this area and the location of the County fence/gate(s) are attached as
Exhibits I and2 to this Addendum
This Addendum, with Exhibits, is attached to and fully incorporated into the Mediation
Settlement Agreement dated April 26, 2017 .
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653362t2.r
16.K.2.c
Packet Pg. 1010 Attachment: Mediated Settlement Agreement - Parcel 254 (3193 : Mediated Settlement Agreements - Parcels 253DE 254DE amd 254TCE -
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16.K.2.c
Packet Pg. 1012 Attachment: Mediated Settlement Agreement - Parcel 254 (3193 : Mediated Settlement Agreements - Parcels 253DE 254DE amd 254TCE -
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16.K.2.c
Packet Pg. 1013 Attachment: Mediated Settlement Agreement - Parcel 254 (3193 : Mediated Settlement Agreements - Parcels 253DE 254DE amd 254TCE -
AERIAL – PARCELS 254DE & 254TCE
(NOT TO SCALE)
PARCEL 254DE
PARCEL 254TCE
-
16.K.2.d
Packet Pg. 1014 Attachment: Aerial photograph - Parcel 254 (3193 : Mediated Settlement Agreements - Parcels 253DE 254DE amd 254TCE - project 51101 -
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-1599
LORI R. LEAR; GREGORY E. LEAR; PARCEL: 253DE
MARKETPLACE HOME MORTGAGE, LLC;
Community Shores Bank; Larry H. Ray,
Collier County Tax Collector; PAUL WITTEN;
ELAINE WITTEN; and Wells Fargo Bank,
National Association, successor by merger or
acquisition to Wachovia Bank, National Association;
Respondents.
[Respondents & Parcels reflected in italics indicate removal
from action by Dismissal, Final Judgment, or Default]
_____________________________________________/
PETITIONER COLLIER COUNTY AND RESPONDENTS LORI R. LEAR AND
GREGORY E. LEAR’S JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO
PARCEL 253DE
COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, and Respondents, LORI R.
LEAR, and GREGORY E. LEAR, by and through undersigned counsel, and hereby jointly move
this Honorable Court for entry of the proposed Stipulated Final Judgment Order as to Parcel 253DE,
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
emilypepin@colliergov.net
nancybradley@colliergov.net
_________________________________
MICHAEL R. WHITT, ESQ.
Florida Bar No. 0725020
Robins, Kaplan, LLP
711 Fifth Ave. South, Suite 201
Naples, FL 34102
Telephone: (239) 430-7070
COUNSEL FOR RESPONDENTS
LORI R. LEAR and
GREGORY E. LEAR
mwhitt@robinskaplan.com
awamback@robinskaplan.com
16.K.2.e
Packet Pg. 1015 Attachment: Joint Motion for Stipulated Final Judgment - Parcel 253 (3193 : Mediated Settlement Agreements - Parcels 253DE 254DE amd
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated Final
Judgment as to Parcel 253DE was electronically filed with the Florida Courts E-Filing Portal which
will send a notice of the 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: _______________________________
JENNIFER A. BELPEDIO, ESQ.
SERVICE LIST
COLLIER COUNTY V. LORI R. LEAR, ET AL.
Case No. 15-CA-1599
PARCEL 253DE
LORI R. LEAR and GREGORY E. LEAR
c/o Michael R. Whitt, Esq.
mwhitt@robinskaplan.com
Larry H. Ray, Collier County Tax Collector
[dropped 020617]
MARKETPLACE HOME MORTGAGE, LLC
c/o Registered Agent,
Corporation Service Company
1201 Hays Street
Tallahassee, FL 32301
Community Shores Bank [default 031717]
16.K.2.e
Packet Pg. 1016 Attachment: Joint Motion for Stipulated Final Judgment - Parcel 253 (3193 : Mediated Settlement Agreements - Parcels 253DE 254DE amd
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-1599
LORI R. LEAR; GREGORY E. LEAR; PARCEL: 253DE
MARKETPLACE HOME MORTGAGE, LLC;
Community Shores Bank; Larry H. Ray,
Collier County Tax Collector; PAUL WITTEN;
ELAINE WITTEN; and Wells Fargo Bank,
National Association, successor by merger or
acquisition to Wachovia Bank, National Association;
Respondents.
[Respondents & Parcels reflected in italics indicate removal
from action by Dismissal, Final Judgment, or Default]
_____________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 253DE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, LORI R. LEAR, and GREGORY E. LEAR, by
and through counsel, for entry of a Stipulated Final Judgment as to Parcel 2 53DE 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,
LORI R. LEAR, and GREGORY E. LEAR, 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.2.e
Packet Pg. 1017 Attachment: Joint Motion for Stipulated Final Judgment - Parcel 253 (3193 : Mediated Settlement Agreements - Parcels 253DE 254DE amd
ORDERED AND ADJUDGED that Respondents, LORI R. LEAR, and GREGORY E.
LEAR, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of
Sixteen Thousand and No/100 Dollars ($16,000.00) for Parcel 253DE, 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, is entitled to a credit for the
good faith estimate of value previously deposited in the amount of Six Thousand Three Hundred
and No/100 Dollars, ($6,300.00), as payment for acquisition of Parcel 253DE, 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
Petitioner shall pay the amount of Nine Thousand Seven Hundred and No/100 Dollars
($9,700.00), to Respondents LORI R. LEAR, and GREGORY E. LEAR, c/o Michael R. Whitt,
Esq., Robins Kaplan, LLP, 800 LaSalle Ave., Suite 2800, Minneapolis, MN 55402, it is further
ORDERED that within 30 days, Petitioner, COLLIER COUNTY, FLORIDA, shall pay the
amount of Fourteen Thousand Fifty Eight and No/100 Dollars, ($14,058.00) to counsel for
Respondents, c/o Michael R. Whitt, Esq., Robins Kaplan, LLP, 800 LaSalle Ave., Suite 2800,
Minneapolis, MN 55402, for all attorney’s fees and costs, and expert’s fees and costs, and no other
attorney, expert or litigation fees or costs shall be awarded in this case; it is further
ORDERED that this Order disposes of all claims arising out of the taking of Parcel 253DE
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.2.e
Packet Pg. 1018 Attachment: Joint Motion for Stipulated Final Judgment - Parcel 253 (3193 : Mediated Settlement Agreements - Parcels 253DE 254DE amd
ORDERED that the Drainage Easement interest to Parcel 253DE, being fully described in
Exhibit “A” attached hereto and incorporated herein, which vested in Petitioner pursuant to the
Stipulated Order of Taking dated November 4, 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 5192, Page 2580 of the Public Records of Collier County, Florida be
dismissed as to Parcel 253DE; 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 May, 2017.
_______________________________________
THE HONORABLE LAUREN L. BRODIE
Circuit Court Judge
Conformed Copies to:
Jennifer A. Belpedio, Esq., Counsel for PETITIONER, jenniferbelpedio@colliergov.net
Michael R. Whitt, Esq., Counsel for Respondents LORI & GREGORY LEAR,
mwhitt@robinskaplan.com
Clerk’s Accounting
Exhibit “1” to Joint Motion for Stipulated Final Judgment
15-CA-1599/732
16.K.2.e
Packet Pg. 1019 Attachment: Joint Motion for Stipulated Final Judgment - Parcel 253 (3193 : Mediated Settlement Agreements - Parcels 253DE 254DE amd
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16.K.2.e
Packet Pg. 1020 Attachment: Joint Motion for Stipulated Final Judgment - Parcel 253 (3193 : Mediated Settlement Agreements - Parcels 253DE 254DE amd
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-1599
LORI R. LEAR; GREGORY E. LEAR; PARCELS: 254DE and 254TCE
MARKETPLACE HOME MORTGAGE, LLC;
Community Shores Bank; Larry H. Ray,
Collier County Tax Collector; PAUL WITTEN;
ELAINE WITTEN; and Wells Fargo Bank,
National Association, successor by merger or
acquisition to Wachovia Bank, National Association;
Respondents.
[Respondents & Parcels reflected in italics indicate removal
from action by Dismissal, Final Judgment, or Default]
_____________________________________________/
PETITIONER COLLIER COUNTY AND RESPONDENTS PAUL WITTEN AND
ELAINE WITTEN’S JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO
PARCELS 254DE AND 254TCE
COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, and Respondents, PAUL
WITTEN, and ELAINE WITTEN, by and through undersigned counsel, and hereb y jointly move
this Honorable Court for entry of the proposed Stipulated Final Judgment Order as to Parcel s
254DE, and 254TCE, 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
emilypepin@colliergov.net
nancybradley@colliergov.net
_________________________________
MICHAEL R. WHITT, ESQ.
Florida Bar No. 0725020
Robins, Kaplan, LLP
711 Fifth Ave. South, Suite 201
Naples, FL 34102
Telephone: (239) 430-7070
COUNSEL FOR RESPONDENTS
LORI R. LEAR and
GREGORY E. LEAR
mwhitt@robinskaplan.com
awamback@robinskaplan.com
16.K.2.f
Packet Pg. 1021 Attachment: Joint Motion for Stipulated Final Judgment - Parcel 254 (3193 : Mediated Settlement Agreements - Parcels 253DE 254DE amd
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated Final
Judgment as to Parcels 254DE and 254TCE was electronically filed with the Florida Courts E-
Filing Portal which will send a notice of the 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 May, 2017.
BY: _______________________________
JENNIFER A. BELPEDIO, ESQ.
SERVICE LIST
COLLIER COUNTY V. LORI R. LEAR, ET AL.
Case No. 15-CA-1599
PARCEL 254DE
PAUL WITTEN and ELAINE WITTEN
c/o Michael R. Whitt, Esq.
mwhitt@robinskaplan.com
Wells Fargo Bank, National Association,
successor by merger or acquisition to Wachovia
Bank, National Association [dismissed]
Larry H. Ray, Collier County Tax Collector
[dropped 020617]
PARCEL 254TCE
PAUL WITTEN and ELAINE WITTEN
c/o Michael R. Whitt, Esq.
mwhitt@robinskaplan.com
Larry H. Ray, Collier County Tax Collector
[dropped 020617]
16.K.2.f
Packet Pg. 1022 Attachment: Joint Motion for Stipulated Final Judgment - Parcel 254 (3193 : Mediated Settlement Agreements - Parcels 253DE 254DE amd
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-1599
LORI R. LEAR; GREGORY E. LEAR; PARCELS: 254DE and 254TCE
MARKETPLACE HOME MORTGAGE, LLC;
Community Shores Bank; Larry H. Ray,
Collier County Tax Collector; PAUL WITTEN;
ELAINE WITTEN; and Wells Fargo Bank,
National Association, successor by merger or
acquisition to Wachovia Bank, National Association;
Respondents.
[Respondents & Parcels reflected in italics indicate removal
from action by Dismissal, Final Judgment, or Default]
_____________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCELS 254DE AND 254TCE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, PAUL WITTEN, and ELAINE WITTEN, by
and through counsel, for entry of a Stipulated Final Judgment as to Parcels 254DE, and 254TCE, 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, PAUL WITTEN, and ELAINE WITTEN, 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.2.f
Packet Pg. 1023 Attachment: Joint Motion for Stipulated Final Judgment - Parcel 254 (3193 : Mediated Settlement Agreements - Parcels 253DE 254DE amd
ORDERED AND ADJUDGED that Respondents, PAUL WITTEN, and ELAINE WITTEN,
have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Sixty Eight
Thousand Five Hundred and No/100 Dollars ($68,500.00) for Parcels 254DE, and 254TCE, as
full payment for the property interest taken and for any damages resulti ng 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 parcels; 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 Nineteen Thousand and
No/100 Dollars ($19,000.00), as payment for acquisition of Parcels 254DE, and 254TCE, 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
Petitioner shall pay Respondents PAUL WITTEN and ELAINE WITTEN, the amount of Forty
Nine Thousand Five Hundred and No/100 Dollars ($49,500.00), c/o Michael R. Whitt, Esq.,
Robins Kaplan, LLP, 800 LaSalle Ave., Suite 2800, Minneapolis, MN 55402; it is further
ORDERED that within thirty days, Petitioner, COLLIER COUNTY, FLORIDA, shall pay
Thirty Nine Thousand Seven Hundred Fourteen and No/100 Dollars, ($39,714.00) to counsel
for Respondents, c/o Michael R. Whitt, Esq., Robins Kaplan, LLP, 800 LaSalle Ave., Suite 2800,
Minneapolis, MN 55402, for all attorney’s fees and costs, and expert’s fees and costs, and no other
attorney, expert or litigation fees or costs shall be awarded in this case; it is further
ORDERED that this Order disposes of all claims arising out of the taking of Parcels 254DE
and 254TCE, 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.2.f
Packet Pg. 1024 Attachment: Joint Motion for Stipulated Final Judgment - Parcel 254 (3193 : Mediated Settlement Agreements - Parcels 253DE 254DE amd
ORDERED that the Drainage Easement interest to Parcel 254DE, and the Temporary
Construction Easement interest to Parcel 254TCE, being fully described in Exhibit “A” attached
hereto and incorporated herein, which vested in Petitioner pursuant to the Stipulated Order of
Taking dated November 4, 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 5192, Page 2580 of the Public Records of Collier County, Florida be
dismissed as to Parcel 253DE; 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 May, 2017.
_______________________________________
THE HONORABLE LAUREN L. BRODIE
Circuit Court Judge
Conformed Copies to:
Jennifer A. Belpedio, Esq., Counsel for PETITIONER, jenniferbelpedio@colliergov.net
Michael R. Whitt, Esq., Counsel for Respondents LORI & GREGORY LEAR,
mwhitt@robinskaplan.com
Clerk’s Accounting
Exhibit “1” to Joint Motion for Stipulated Final Judgment
15-CA-1599/739
16.K.2.f
Packet Pg. 1025 Attachment: Joint Motion for Stipulated Final Judgment - Parcel 254 (3193 : Mediated Settlement Agreements - Parcels 253DE 254DE amd
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16.K.2.f
Packet Pg. 1026 Attachment: Joint Motion for Stipulated Final Judgment - Parcel 254 (3193 : Mediated Settlement Agreements - Parcels 253DE 254DE amd
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16.K.2.f
Packet Pg. 1027 Attachment: Joint Motion for Stipulated Final Judgment - Parcel 254 (3193 : Mediated Settlement Agreements - Parcels 253DE 254DE amd