Loading...
Agenda 12/08/2015 Item #16K512/8/2015 16. K. 5. EXECUTIVE SUMMARY Recommendation to approve a Mediated Settlement Agreement providing for a global settlement in the amount of $35,000 for Parcel 143DAME in the case styled Collier County v. April L. Chappell, et al., Case No. 10- 3932 -CA, taken as part of the Royalwood/Whitaker portion of the Lely Area Stormwater Improvement Project, Project No. 51101. (Fiscal Impact: $31,860). OBJECTIVE: To settle full compensation due for the taking of Parcel 143DAME required for the Lely Area Stormwater Improvement Project, Project No. 51101 ( "LASIP "). CONSIDERATIONS: On October 27, 2010, Collier County condemned Parcel 143DAME and deposited a good faith estimate of value of $3,350.00 into the Court Registry. Parcel 143DAME is a ten -foot wide drainage, access, and maintenance easement along the north side of Whitaker Road over property owned by April L. Chappell to be used for drainage improvements as a part of LASIP. See attached photographs of the subject property. The County's estimate included the cost of land was well as minor site improvements. This case was set for trial beginning January 12, 2016. Prior to mediation, the property owner's real estate appraiser estimated compensation to the owner of $48,400 for the land taken as well as severance damages to the remainder. If this parcel were to continue to trial, the property owner would have put on testimony of damages resulting from negative drainage, as well as a diminution of value from the construction of a weir and guardrail in front of the subject property. At mediation the parties agreed to a global settlement in the amount of $35,000 for all costs associated with the taking of Parcel 143DAME including land taken, severance damages, improvements, statutory interest, attorney's fees, expert fees and costs. If approved, the County will also be responsible for a $170 Clerk's deposit fee and roughly $40 in recording fees. The County Attorney's Office and staff recommend approval of the attached Mediated Settlement Agreement setting forth such terms since a better result is not expected at trial and the County is responsible to bear the cost of litigating such matters. Upon approval, the County Attorney's Office will file a Joint Motion for Stipulated Final Judgment with the Circuit Court incorporating the same terms and conditions as the attached Mediated Settlement Agreement. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Funds in the amount of $31,860.00 are available in Stormwater Capital Improvement Fund 325, LASIP Project 51101. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. — ERP RECOMMENDATION: That the Board of County Commissioners approves the attached Mediated Settlement Agreement for the taking of Parcel 143DAME and authorizes the payment of funds as stated herein. [ 1 0- 3932- CA/1225417/1 ] Packet Page -2360- 12/8/2015 16.K.5. Prepared By: Emily R. Pepin, Assistant County Attorney Attachments: (1) Mediated Settlement Agreement (2) Photographs of Parcel 143DAME 10- 3932- CA/4999 [I 0-3932-CA/I 225417/1] Packet Page -2361- 12/8/2015 16.K.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.5. Item Summary: Recommendation to approve a Mediated Settlement Agreement providing fora global settlement in the amount of $35,000 for Parcel 143DAME in the case styled Collier County v. April L. Chappell, et al., Case No. 10- 3932 -CA, taken as part of the Royalwood /Whitaker portion of the Lely Area Stormwater Improvement Project, Project No. 51101. (Fiscal Impact: $31,860). Meeting Date: 12/8/2015 Prepared By Name: A1lenDebbie Title: Legal Office Administrator, CAO Office Administration 11/25/2015 9:00:42 AM Submitted by Title: Assistant County Attorney, CAO Litigation Name: PepinEmily 11/25/2015 9:00:44 AM Approved By Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 11/30/2015 8:15:34 AM Name: KlatzkowJeff Title: County Attorney, Date: 11/30/2015 9:08:12 AM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 11/30/2015 2:37:16 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Packet Page -2362- Date: 11/30/2015 3:24:08 PM Packet Page -2363- 12/8/2015 16. K. 5. 12/8/2015 16.K.5. Photographs of Parcel 143DAME Aerial View of Parent Tract Packet Page -2364- 12/8/2015 16.K.5. View of Guardrail and Ditch from Whitaker Road Packet Page -2365- 12/8/2015 16.K.5. View of Guardrail and Drainage Structure looking east from Whitaker Road Packet Page -2366- 12/8/2015 16. K. 5. View of Drainage Structure looking west from Whitaker Road Packet Page -2367- r-_. 12/8/2015 16.K.5. 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. APRIL L. CHAPPELL, et al., Case No. 10- 3932 -CA Parcel 143DAME Respondents. MEDIATED SETTLEMENT AGREEMENT At a Mediation Conference held on Tuesday, November 24, 2015, the parties reached the following Settlement Agreement. 1. Petitioner, COLLIER COUNTY ( "Petitioner "), will pay to Respondent, aL APRIL L. CHAPPELL ( "Respondent ") the sum of $ � -S pUL� /&v in fiill settlement of all claims for compensation from Petitioner whatsoever, including statutory interest and all claims related to real estate and business damages, if any, �( attorney's fees and expert witness costs. The settlement sum may be subject to claims of apportionment by any parry in this case having a property interest in or a lien on the subject property. 2. Petitioner is entitled to a credit in the amount of $3,350.00, which was previously deposited in the registry of the Court in this case by Petitioner. 3. Counsel for Petitioner and Respondent will jointly submit to the Court for signature a mutually approved Stipulated Final Judgment in this matter as soon as practical hereafter. Packet Page -2368- • 12/8/2015 16. K. 5. 4. In addition the se ment am o t referenced ' paragraph I of this Settlement Agreem , Petiti er will pa o the trust ac unt of Respo enfs attorney the sum of i 11 settlement d satisfaction o 1 /J alto y's fees 'ncluding a ees related to netary benefit non- monetary b efits andyl� upple ntal proceedi gs, if any, and a attorney litiga 'on costs in this c e. 5. In a tion to the abov referenc settle nt sum d the above - referenced att ey's fee d atto ey's liti tion cos , Petition ill pay to the st accoun of Respo ent's at mey the sum of in full ttlement satisfacti of all ex ert witne costs incurs d by Responde in this ease. S _ r Counsel for Petitioner and Respondent will jointly submit to the Court a mutually approved Stipulated Final Judgment containing the terms and conditions of this Settlement Agreement within thirty (30) days of the date of this Settlement Agreement. . -7"-- This Settlement Agreement, executed by the parties and their counsel on November 24, 2015, contains all of the agreements of the parties. `7, 9-"- Settlement of this case is conditioned upon final approval by Collier County Board of County Commissioners. ttached hereto is an add dum to this agreement: Yes No. r CO E OUN { By: YgWin endn , APRIL L. CHAPPELL, R s ondent ROW Acquisition Manager LL Emily l. IkWin 9 ire LEWIS E. GARLISI, Esquire Attorney or of my Attorney for Respondent a�x :Page-2369-