Agenda 09/26/2017 Item #16K 809/26/2017
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement for the total amount of $133,988.50
for the taking of Parcels 236DAME1 and 236DAME2 required for the Lely Area Stormwater
Improvement Project No. 51101 (Crews Road, Cope Lane and Sandy Lane/Wing South
Interconnect) in the pending case styled Collier County v. Andy R. Morgan, et al., Case No. 14-CA-
2308. (Fiscal Impact: $42,158.50)
OBJECTIVE: To settle full compensation due the property owners for the taking of Parcels 236DAME1
and 236DAME2 required for the Crews Road, Cope Lane and Sandy Lane/Wing South Interconnect
Portion of the Lely Area Stormwater Improvement Project (“LASIP”).
CONSIDERATIONS: On June 11, 2013, the Board authorized the condemnation of Parcels
236DAME1 and 236DAME2 to construct stormwater improvements as part of LASIP. On January 5,
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 $92,000 into the Court Registry. The two
perpetual, non-exclusive drainage, access and maintenance easements, totaling approximately 25,502
square feet in size, were taken down the middle of property owned by Andy and Beverly Morgan for the
improvement of an existing privately-maintained ditch. An aerial photograph of the subject property is
attached to this item for reference. The bulk of the compensation suggested by the County’s appraiser
comes from the incremental costs of reconnecting the two portions of the parent tract in the before
condition (with the existing smaller ditch) versus the after condition (with the larger improved ditch).
Both parties agreed that there will be increased costs to install a culvert in the after condition. The
County’s appraiser estimated this cost to cure to total $50,000, while the property owners’ appraiser
estimated approximately $62,000.
In March 2017, the property owners offered to settle the amount of compensation, excluding attorney and
expert fees and costs, for $130,500. Mediation was held August 21, 2017, and the parties negotiated full
compensation for the property in the amount of $114,250. The Mediated Settlement Agreement also
settles statutory attorney fees in the amount of $11,038.50 and experts’ fees in the amount of $8,700.
The County Attorney’s Office (“CAO”) and Transportation staff recommend that the Board approves the
attached Mediated Settlement Agreement since a better result is not anticipated at trial. If approved, the
County will be obligated to pay an additional $42,158.50 over the amount already deposited which
includes a $170 fee from the Clerk for the deposit of funds into the Court Registry. Upon approval, the
CAO will file a Stipulated Final Judgment with the Circuit Court incorporating the same terms an d
conditions as the Mediated Settlement Agreement.
FISCAL IMPACT: Funds in the amount of $42,158.50 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
item.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - ERP
RECOMMENDATION: To approve a Mediated Settlement Agreement for the total amount of
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09/26/2017
$133,988.50 for the taking of Parcels 236DAME1 and 236DAME2 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. Andy R. Morgan, et al., Case No. 14-CA-2308.
Prepared by: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Mediated Settlement Agreement (PDF)
2. Aerial Photographs of Parcels 236DAME1 and 236DAME2 (DOCX)
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09/26/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.8
Doc ID: 3721
Item Summary: Recommendation to approve a Mediated Settlement Agreement for the total
amount of $133,988.50 for the taking of Parcels 236DAME1 and 236DAME2 required for the Lely Area
Stormwater Improvement Project No. 51101 (Crews Road, Cope Lane and Sandy Lane/Wing South
Interconnect) in the pending case styled Collier County v. Andy R. Morgan, et al., Case No. 14-CA-2308.
(Fiscal Impact: $42,158.50)
Meeting Date: 09/26/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
08/30/2017 10:03 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
08/30/2017 10:03 AM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 08/30/2017 3:24 PM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 08/30/2017 3:48 PM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 08/30/2017 4:17 PM
Growth Management Operations Support Allison Kearns Additional Reviewer Completed 08/31/2017 9:14 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 08/31/2017 12:40 PM
Growth Management Department Debbie Allen Department Head Review Skipped 08/30/2017 4:01 PM
Growth Management Department James French Deputy Department Head Review Completed 08/31/2017 5:03 PM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 09/01/2017 11:14 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/01/2017 11:19 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/01/2017 11:38 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/05/2017 4:03 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/06/2017 4:28 PM
Board of County Commissioners Michael Cox Meeting Completed 09/12/2017 9:00 AM
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COIINTY, FLORIDA
CIVIL ACTION
COLLIER COI]NTY, FLORIDA, A
Political subdivision of the State of Florida"
Petitioner,
v.
ANDY R. MORGAN, et al.,
the following Settlement Agreement.
1. Petitioner will pay to Respondents,
MORGAN as to Parcels 236DAME1
Case No: 14-CA-2308
Parcels 236DAME1 and
236DANIEZ
Respondents.
MEDIATED SETTLEMENT AGREEMENT
At a Mediation Conference held on Monday, August 27,2077, the parties reached
ANDY R. MORGAN and BEVERLY
and 236DANIE2, the sum of
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 the good faith deposit
withdrawn by Respondents, 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 Respondents' attorney the sum of
S t I a 3 F. fl in tull settlement of all attomey's fees.
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Packet Pg. 3162 Attachment: Mediated Settlement Agreement (3721 : Mediated Settlement Agreement - Parcels 236DAME1 & 236DAME2 - project 51101 -
Itq
4. In addition, Petitioner will pay Respondentr,
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in full settlement and satisfaction of all expert witness 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 within thirty (30) days of
the actual date of receipt by Petitioneros counsel of a conformed copy of the aforesaid
Stipulated Final Judgment from the Court.
7. Settlement of this case is conditioned upon final approval by the Collier
County Board of County Commissioners.
8. Attached hereto is an addendum to this asreement:
9.
Yes
rhisagreementdated a /z t L? ,@' / / '---7-
&ry,all of the agre" "&
Michael
(Mediator)
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Packet Pg. 3163 Attachment: Mediated Settlement Agreement (3721 : Mediated Settlement Agreement - Parcels 236DAME1 & 236DAME2 - project 51101 -
AERIAL PHOTO SHOWING PARCELS 236DAME 1 & 2 TAKEN FROM MORGAN
Area Taken
MORGAN
MORGAN
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Packet Pg. 3164 Attachment: Aerial Photographs of Parcels 236DAME1 and 236DAME2 (3721 : Mediated Settlement Agreement - Parcels 236DAME1 &