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Agenda 12/12/2017 Item #16K 412/12/2017 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment in the total amount of $75,000 for the taking of Parcel 366RDUE required for the Golden Gate Blvd. Project No. 60145 (from 20th St. E. to east of Everglades Blvd.), in the pending case styled Collier County v. Steven A. Edwards, et al., Case No. 16-CA-1327. (Fiscal Impact: $34,700) OBJECTIVE: To settle full compensation owed for the taking of Parcel 366RDUE required for the Golden Gate Blvd. Project No. 60145 (from 20th St. E. to east of Everglades Blvd.), hereinafter the “Project”. CONSIDERATIONS: On April 26, 2016, the Board approved Condemnation Resolution 2016-89 to acquire the necessary property to construct the Project. Pursuant to the Order of Taking entered November 22, 2016, the County condemned Parcel 366RDUE and deposited a good faith estimate of value in the amount of $40,300 into the Court Registry. Parcel 366RDUE is a road right -of-way, drainage, and utility easement containing 4,350 square feet taken from prop erty owned by Edward Bock. An aerial photograph of Parcel 366RDUE is attached. Respondent originally claimed $64,000, exclusive of fees and costs, the majority of which resulted from a $29,000 cost to cure to replace an existing buffer and well within the area taken. The parties reached a settlement of $75,000 total, including all statutory attorney and expert fees and costs. Upon approval of this settlement by the Board, the County will be obligated to pay an additional $34,700 over the previous deposit in the Court Registry of $40,300. The County Attorney’s Office (CAO) and Transportation staff recommend the Board approve this settlement as it will avoid the cost of a Court ordered mediation, which the County is statutorily required to pay, and since a better result is not anticipated at trial. Upon approval, the CAO will file the attached Joint Motion for Stipulated Final Judgment with the Circuit Court. FISCAL IMPACT: Funds in the amount of $34,700 are available in the Golden Gate Blvd. Transportation Capital Improvement Project No. 60145. 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 Executive Summary. 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 Stipulated Final Judgment in the total amount of $75,000 for the taking of Parcel 366RDUE, required for the Golden Gate Blvd. Project No. 60145 (from 20th St. E. to east of Everglades Blvd.), in the pending case styled Collier County v. Steven A. Edwards, et al., Case No. 16- CA-1327. Prepared by: Emily R. Pepin, Assistant County Attorney ATTACHMENT(S) 1. Proposed Stipulated Final Judgment Order (PDF) 2. Aerial photograph.bock parcel 366RDUE (PDF) 12/12/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.4 Doc ID: 4280 Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of $75,000 for the taking of Parcel 366RDUE required for the Golden Gate Blvd. Project No. 60145 (from 20th St. E. to east of Everglades Blvd.), in the pending case styled Collier County v. Steven A. Edwards, et al., Case No. 16-CA-1327. (Fiscal Impact: $34,700) Meeting Date: 12/12/2017 Prepared by: Title: Legal Assistant – County Attorney's Office Name: Rosa Villarreal 11/27/2017 3:10 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 11/27/2017 3:10 PM Approved By: Review: Growth Management Department Lisa Taylor Additional Reviewer Completed 11/27/2017 3:13 PM Growth Management Department Diane Lynch Level 1 Reviewer Completed 11/27/2017 3:23 PM Transportation Engineering Jay Ahmad Additional Reviewer Completed 11/28/2017 7:27 AM Growth Management Operations Support Allison Kearns Additional Reviewer Completed 11/28/2017 8:57 AM Growth Management Department Gene Shue Additional Reviewer Completed 11/28/2017 10:56 AM Transportation Engineering Kevin Hendricks Additional Reviewer Completed 11/28/2017 11:39 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 11/28/2017 3:17 PM County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 11/28/2017 5:18 PM Growth Management Department James French Deputy Department Head Review Skipped 11/28/2017 6:24 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/29/2017 8:08 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/29/2017 11:08 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 11/29/2017 2:42 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/29/2017 2:53 PM Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida, Petitioner, V. Case No.; PARCEL: 16-CA-1327 366RDUE STEVEN A. EDWARDS; Carlos R. Morales-, Jorge E. Morales; The Estate ofCorabell D. Morales-, OSTIN STINFILA. a/k/a OSTIN STINFIL; YONEL .lOSEPH; FELIX IGLESIAS, ti/k/a FELIX IGLESIA; BANK OF NEW YORK, as trustee for the certincate holders CWABS, Inc., Asset backed certificates. Series 2005-7; LHR, INC., as successor in interest to First Equit)' Card] Midland Funding, LLC-, Naples HMA, LLC, d/b/a Physicians Regional Medical Center, Collier County Board of County Commissioners-, Petra Diaz-, Deul.sche Bank National Trust Company, as trustee for GSAMP Trust 2005-WMC3-, OCWEN Loan Servicing, LLC, as servicer of Deutsche Bank Notional Trust Company, EDWARD BOCK; and WILLIAM A. VINES; Respondents. / PETITIONER COLLIER COUNTY AND RESPONDENT EDWARD BOCK'S JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCEL 366RDUE COMES NOW, Petitioner, COLLIER COUNTY, and Respondent, EDWARD BOCK, by and through their undersigned counsel, and jointly move this Honorable Court for entry of a Stipulated Final Judgment as to Parcel 366RDUE, attached hereto as Exiiibit "1". EMILY R. PEPIN, ESQ. Florida Bar No. 92956 Collier County Attorney's Office 3299 E. Tamiami Trail, Suite 800 Naples, FL 34112 Telephone: (239) 252-8400 COUNSEL FOR PETITIONER emilvpenin@collicrgov.nei ienniferbelpodio@colliergov.net nancvbradlev@colliergov.net MICHAEL lyc^HITT, ESQ. FlorkkCBar No. 725020 Robins Kaplan, LLP 711 5"'Ave. S., Suite 201 Naples, FL 34102-6628 Telephone: (239)430-7070 COUNSEL FOR RESPONDENT EDWARD BOCK mwhitt@.robinskanlan.CQm awamback@rofainskaplan.com (16-CA-1327/I379682/1] [16-CA-1327/1379682/1] 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, or by U.S. Mail, postage prepaid, to parties as indicated on the Service List below on this _____ day of December, 2017. BY: _______________________________ EMILY R. PEPIN, ESQ. SERVICE LIST COLLIER COUNTY v. STEVEN A. EDWARDS, et al. Case No. 16-CA-1327 PARCEL 366RDUE EDWARD BOCK Michael R. Whitt, Esq. Robins Kaplan, LLP mwhitt@robinskaplan.com awamback@robinskaplan.com [16-CA-1327/1379682/1] IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida, Petitioner, Case No.: 16-CA-1327 v. PARCEL: 366RDUE STEVEN A. EDWARDS; Carlos R. Morales; Jorge E. Morales; The Estate of Corabell D. Morales; OSTIN STINFILA, a/k/a OSTIN STINFIL; YONEL JOSEPH; FELIX IGLESIAS, a/k/a FELIX IGLESIA; BANK OF NEW YORK, as trustee for the certificate holders CWABS, Inc., Asset backed certificates, Series 2005-7; LHR, INC., as successor in interest to First Equity Card; Midland Funding, LLC; Naples HMA, LLC, d/b/a Physicians Regional Medical Center; Collier County Board of County Commissioners; Petra Y. Diaz; Deutsche Bank National Trust Company, as trustee for GSAMP Trust 2005-WMC3; OCWEN Loan Servicing, LLC, as servicer of Deutsche Bank National Trust Company; EDWARD BOCK; and WILLIAM A. VINES; Respondents. __________________________________________________/ STIPULATED FINAL JUDGMENT AS TO PARCEL 366RDUE THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner, COLLIER COUNTY, and Respondent, EDWARD BOCK, by and through their counsel, for entry of a Stipulated Final Judgment as to Parcel 366RDUE for Project No. 60145, 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 Respondent, EDWARD BOCK, and the Court being otherwise fully advised in the premises thereof, it is thereupon Exhibit “1” to Joint Motion for Stipulated Final Judgment [16-CA-1327/1379682/1] ORDERED AND ADJUDGED that Respondent, EDWARD BOCK, have and recover from Petitioner, COLLIER COUNTY, the total sum of Seventy Five Thousand and No/100 Dollars ($75,000.00) for Parcel 366RDUE, as full compensation for the property interest taken and for damages resulting to the remainder, and for all other damages, statutory interest, attorney fees and costs, and expert fees and costs in connection with said parcel, and no further attorney or expert fees and costs shall be awarded in this matter; it is further ORDERED that Petitioner, COLLIER COUNTY, is entitled to a credit for the good faith estimate of value previously deposited in the amount of Forty Thousand Three Hundred and No/100 Dollars ($40,300.00), as payment for acquisition of Parcel 366RDUE, 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 hereof, Petitioner shall pay the total sum of Thirty Four Thousand Seven Hundred and No/100 Dollars ($34,700.00), to Robins Kaplan LLP, c/o Michael R. Whitt, Esq., 800 LaSalle Avenue, Suite 2800, Minneapolis, MN 55402, in additional funds over the amount previously deposited into the Court Registry; it is further; ORDERED that this Stipulated Final Judgment Order disposes of all claims arising out of the taking of Parcel 366RDUE that have or could have been asserted in this cause, and no further attorney or expert fees and costs shall be awarded in this matter; it is further ORDERED that the road right-of-way, drainage, and utility easement interest to Parcel 366RDUE, being fully described in Exhibit “A” attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated November 22, 2016, 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-CA-1327/1379682/1] ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book OR 5299, PG 942 of the Public Records of Collier County, Florida be dismissed as to Parcel 366RDUE; 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 December, 2017. _________________________________________ THE HONORABLE LAUREN L. BRODIE Circuit Court Judge Conformed Copies to: Emily R. Pepin, Esq., Counsel for PETITIONER, emilypepin@colliergov.net Michael R. Whitt, Esq., Counsel for RESPONDENT EDWARD BOCK, mwhitt@robinskaplan.com Clerk’s Office, Accounting Exhibit “1” to Joint Motion for Stipulated Final Judgment Exhibit "1" to Joint Motion for Stipulated Final Judgment AERIAL – PARCEL 366RDUE GOLDEN GATE BLVD. PROJECT NO. 60145 EXISTING RIGHT-OF-WAY PER PLAT / PARCEL 366RDUE