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Agenda 02/27/2018 Item #16K 902/27/2018 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment in the total amount of $9,300 for the taking of Parcel 457RDUE required for the expansion of Golden Gate Blvd., Project No. 60145 (from east of Everglades Blvd. to the Faka Union Canal), in the pending case styled Collier County v. CKC Property Holdings, LLC, et al., Case No. 17-CA-1398. (Fiscal Impact: $4,070) OBJECTIVE: To settle full compensation owed for the taking of Parcel 457RDUE required for the expansion of Golden Gate Blvd., Project No. 60145 (from east of Everglades Blvd. to the Faka Union Canal), hereinafter the “Project”. CONSIDERATIONS: On March 28, 2017, the Board approved Condemnation Resolution 2017-65 to acquire the necessary property to construct the Project. Pursuant to the Order of Taking entered December 19, 2017, the County condemned Parcel 457RDUE and deposited a good faith estimate of value in the amount of $5,400 into the Court Registry. Parcel 457RDUE is a road right-of-way, drainage, and utility easement containing 3,750 square feet taken from improved property owned by CKC Property Holdings, LLC. An aerial photograph of Parcel 457RDUE is attached. Through negotiations, the County Attorney’s Office (CAO), arrived at a global settlement amount of $9,300, including all attorney and expert fees and costs. Upon approval of this settlement by the Board, the County will be obligated to pay an additional $3,900 over the previous deposit in the Court Registry. A fee of $170 is required by the Clerk for deposit of funds into the Court Registry. The CAO and Transportation staff recommend the Board approve this settlement 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 $4,070 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: None. 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 $9,300 for full compensation of the taking of Parcel 457RDUE required for the expansion of Golden Gate Blvd., Project No. 60145 (from east of Everglades Blvd. to the Faka Union Canal), in the pending case styled Collier County v. CKC Property Holdings, LLC, et al., Case No. 17-CA-1398. PREPARED BY: Emily R. Pepin, Assistant County Attorney ATTACHMENT(S) 1. Proposed Stipulated Final Judgment (PDF) 2. Aerial Photograph of Parcel 457RDUE (PDF) 16.K.9 Packet Pg. 1632 02/27/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.9 Doc ID: 4910 Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of $9,300 for the taking of Parcel 457RDUE required for the expansion of Golden Gate Blvd., Project No. 60145 (from east of Everglades Blvd. to the Faka Union Canal), in the pending case styled Collier County v. CKC Property Holdings, LLC, et al., Case No. 17-CA-1398. (Fiscal Impact: $4,070) Meeting Date: 02/27/2018 Prepared by: Title: Legal Office Administrator – County Attorney's Office Name: Debbie Allen 02/20/2018 2:20 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 02/20/2018 2:20 PM Approved By: Review: Growth Management Department Diane Lynch Level 1 Reviewer Completed 02/20/2018 2:28 PM Growth Management Department Lisa Taylor Additional Reviewer Completed 02/20/2018 2:52 PM Transportation Engineering Jay Ahmad Additional Reviewer Completed 02/20/2018 2:59 PM Growth Management Department Gene Shue Additional Reviewer Completed 02/20/2018 5:55 PM Growth Management Operations Support Allison Kearns Additional Reviewer Completed 02/20/2018 8:15 PM Transportation Engineering Kevin Hendricks Additional Reviewer Completed 02/21/2018 9:10 AM Growth Management Department Jeanne Marcella Department Head Review Completed 02/21/2018 9:25 AM Growth Management Department James French Deputy Department Head Review Completed 02/21/2018 9:39 AM County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 02/21/2018 10:08 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/21/2018 10:26 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/21/2018 10:52 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 02/21/2018 11:02 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/21/2018 11:23 AM Board of County Commissioners MaryJo Brock Meeting Pending 02/27/2018 9:00 AM 16.K.9 Packet Pg. 1633 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida, Petitioner, V. Case No.: PARCEL: I7-CA-1398 457RDUE CKC PROPERTY HOLDINGS, LLC; FIRST FLORIDA INTEGRITY BANK, as successor to First National Bank of the Gulf Coast, N A.; INSOUTH BANK: UNKNOWN TENANTS, n/k/a Shanius Gill; Diana M. Starr, Unknown Spouse of Diana M. Starr, ifany. Third Federal Savings and Loan Association of Cleveland-, DAN BRIAN SCARNECCHIA; VICTORIA SCARNECCHIA, Spousal Interest, ifany; LOANDIiPOT.COM, LLC, d/b/a IMORTGAGE; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; and FIFTH THIRD MORTGAGE COMPANY; Respondents. / PETITIONER COLLIER COUNTY AND RESPONDENT CKC PROPERTY HOLDINGS, LLC'S JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCEL 457RDUE COMES NOW, Petitioner, COLLIER COUNTY, together with Respondent, CKC PROPERTY HOLDINGS, LLC, by and through undersigned counsel, and jointly move this Honorable Court for entry of the proposed Stipulated Final Judgment Order as to Parcel 457RDUE attached hereto as Exhibit "1". EMILY R.PEPIN, ESQ. Florida Bar No. 92956 Collier County Attorney's Office 3299 East Tamiami Trail, Suite 800 Naples, FL 34112 Telephone: (239) 252-8400 COUNSEL FOR PETITIONER Emilv.Pepin@colliercountvfi.uov Jennifer. Bclncdio@cojlicrcoiiittvn.gov Nanev.Bradlev@colliercoiintvfl.uov MICl-IAELTl. WHll^fESQ. Norida BarNcf:o725020 Rpbttis Kaplan LLP 711 Fifth Avenue South, Suite 201 Naples, FL34I02 Telephone: (239) 430-7070 COUNSEL FOR RESPONDENT CKC PROPERTY HOLDINGS, LLC mwhilt@rQbinskaplan.com awamback@robinskanlan,com 117-CA-1398/13M354/I1 16.K.9.a Packet Pg. 1634 Attachment: Proposed Stipulated Final Judgment (4910 : Stipulated Final Judgment $9,300 Parcel 457RDUE Project No. 60145 Case No. 17- [17-CA-1398/1394354/1] 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 to parties appearing via electronically; and by U.S. mail to parties as indicated on the Service List below on this _____ day of February, 2018. BY: _______________________________ EMILY R. PEPIN, ESQ. SERVICE LIST COLLIER COUNTY v. CKC PROPERTY HOLDINGS, LLC, et al. Case No. 17-CA-1398 PARCEL 457RDUE CKC PROPERTY HOLDINGS, LLC c/o Michael R. Whitt, Esq. MWhitt@RobinsKaplan.com AWamback@RobinsKaplan.com FIRST FLORIDA INTEGRITY BANK, as Successor to First National Bank of the Gulf Coast, N.A. 3580 Pine Ridge Road Naples, FL 34109 INSOUTH BANK 111 S. Washington Street Brownsville, TN 38012 UNKNOWN TENANTS, n/k/a Shamus Gill 3841 Golden Gate Blvd. E. Naples, FL 34120 16.K.9.a Packet Pg. 1635 Attachment: Proposed Stipulated Final Judgment (4910 : Stipulated Final Judgment $9,300 Parcel 457RDUE Project No. 60145 Case No. 17-CA- [17-CA-1398/1394354/1] IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida, Petitioner, Case No.: 17-CA-1398 v. PARCEL: 457RDUE CKC PROPERTY HOLDINGS, LLC; FIRST FLORIDA INTEGRITY BANK, as successor to First National Bank of the Gulf Coast, N.A.; INSOUTH BANK; UNKNOWN TENANTS, n/k/a Shamus Gill; Diana M. Starr; Unknown Spouse of Diana M. Starr, if any; Third Federal Savings and Loan Association of Cleveland; DAN BRIAN SCARNECCHIA; VICTORIA SCARNECCHIA, Spousal Interest, if any; LOANDEPOT.COM, LLC, d/b/a IMORTGAGE; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; and FIFTH THIRD MORTGAGE COMPANY; Respondents. _____________________________________________/ STIPULATED FINAL JUDGMENT AS TO PARCEL 457RDUE THIS CAUSE, having come before the Court upon the Joint Motion made by Petitioner, COLLIER COUNTY, and Respondent, CKC PROPERTY HOLDINGS, LLC, by and through counsel, for entry of a Stipulated Final Judgment as to Parcel 457RDUE 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, CKC PROPERTY HOLDINGS, LLC, 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.a Packet Pg. 1636 Attachment: Proposed Stipulated Final Judgment (4910 : Stipulated Final Judgment $9,300 Parcel 457RDUE Project No. 60145 Case No. 17-CA- [17-CA-1398/1394354/1] ORDERED AND ADJUDGED that Respondent, CKC PROPERTY HOLDINGS, LLC, have and recover from Petitioner, COLLIER COUNTY, the total sum of Nine Thousand Three Hundred and No/100 Dollars ($9,300.00) for Parcel 457RDUE, 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, FLORIDA, is entitled to a credit for the good faith estimate of value previously deposited in the amount of Five Thousand Four Hundred and No/100 Dollars ($5,400.00), as payment for acquisition of Parcel 457RDUE, 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 deposit the total sum of Three Thousand Nine Hundred and No/100 Dollars ($3,900.00) into the Court Registry, which funds are subject to apportionment by further order of the Court; it is further ORDERED that this Court reserves jurisdiction for apportionment for the funds on deposit in the Court Registry as to Parcel 457RDUE. Any Motion for Apportionment must be filed in this action no later than thirty (30) days from the date of entry of this Stipulated Final Judgment, or such claim shall be waived and forever barred; it is further ORDERED that this Order disposes of all claims arising out of the taking of Parcel 457RDUE 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 Exhibit “1” to Joint Motion for Stipulated Final Judgment 16.K.9.a Packet Pg. 1637 Attachment: Proposed Stipulated Final Judgment (4910 : Stipulated Final Judgment $9,300 Parcel 457RDUE Project No. 60145 Case No. 17-CA- [17-CA-1398/1394354/1] ORDERED that the road right-of-way, drainage, and utility easement interest to Parcel 457RDUE, being fully described in Exhibit “A” attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated December 19, 2017, 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 5424, Page 885 of the Public Records of Collier County, Florida be dismissed as to Parcel 457RDUE; 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 , 2018. THE HONORABLE JAMES R. SHENKO Circuit Court Judge Conformed Copies to: Emily R. Pepin, Esq., Counsel for PETITIONER, Emily.Pepin@colliercountyfl.gov Michael R. Whitt, Esq., Counsel for RESPONDENT CKC PROPERTY HOLDINGS, LLC, MWhitt@RobinsKaplan.com Interested Party RESPONDENT FIRST FLORIDA INTEGRITY BANK, as successor to First National Bank of the Gulf Coast, N.A., 3580 Pine Ridge Road, Naples, FL 34109 Interested Party RESPONDENT INSOUTH BANK, 111 S. Washington Street, Brownsville, TN 38012 Interested Party RESPONDENT UNKNOWN TENANT, n/k/a/ Shamus Gill, 3841 Golden Gate Blvd. E., Naples, FL 34120 Clerk’s Accounting 17-CA-1398/#498 Exhibit “1” to Joint Motion for Stipulated Final Judgment 16.K.9.a Packet Pg. 1638 Attachment: Proposed Stipulated Final Judgment (4910 : Stipulated Final Judgment $9,300 Parcel 457RDUE Project No. 60145 Case No. 17-CA- Exhibit "1" to Joint Motion for Stipulated Final Judgment 16.K.9.a Packet Pg. 1639 Attachment: Proposed Stipulated Final Judgment (4910 : Stipulated Final Judgment $9,300 Parcel 457RDUE Project No. 60145 Case No. 17-CA- AERIAL – PARCEL 457RDUE GOLDEN GATE BLVD. PROJECT NO. 60145 EXISTING RIGHT-OF-WAY PER PLAT / PARCEL 457RDUE 16.K.9.b Packet Pg. 1640 Attachment: Aerial Photograph of Parcel 457RDUE (4910 : Stipulated Final Judgment $9,300 Parcel 457RDUE Project No. 60145 Case No. 17-