Agenda 09/10/2013 Item #16K3 9/10/2013 16.K.3.
EXECUTIVE SUMMARY
Recommendation to approve a Final Judgment with property owner, CAMADA, LLC, awarding
compensation for Parcel 104DAME in the lawsuit styled Collier County v.Alan Castle, et al., Case No.
11-2758-CA(White Blvd.Bridge Project#66066). (Fiscal Impact: $6,121.50).
OBJECTIVE: That the Board approve a Final Judgment with property owner, CAMADA, LLC, awarding
compensation, for the taking of Parcel 104DAME in the lawsuit styled Collier County v. Alan Castle, et al.,
Case No. 11-2758-CA,White Blvd. Bridge Project#66066.
CONSIDERATIONS: Parcel 104DAME is a drainage, access, and maintenance easement required for the
improvements to the White Boulevard Bridge, Project 66066. On May 26, 2011, a statutory purchase offer
for Parcel No. 104DAME was tendered to previous property owners, Alan &Janice Castle, in the amount of
$5,717. On August 22, 2011, the Castles sold this property to CAMADA, LLC. On January 25, 2012, by
Order of Taking, Collier County condemned Parcel 104DAME, and deposited$2,950 into the Court Registry
as a good faith deposit based on a valid updated appraisal of the parcel.
On June 25, 2013 CAMADA, LLC sent an Offer of Judgment to the County for $6,900 to settle full
compensation of the parcel taken. The County countered in the amount of$6,500 and the property owner
accepted the counteroffer.
Staff recommends this settlement because it is reasonable and the County is not expected to achieve better
results at trial. If approved,the County will be responsible for the following costs:
Additional Compensation Amount Owed: $3,550.00
Expert Fees&Costs: $1,400.00
Statutory Attorney Fees $1,171.50
TOTAL $6,121.50
FISCAL IMPACT: Funds in the amount of$6,121.50 are available in Gas Tax Capital Fund 313 Project
66066. Source of funds is gas tax.
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: That the Board of County Commissioners approve the Final Judgment and
approve the expenditure and disbursement of funds as stated.
PREPARED BY: Kevin Hendricks, Right-of-Way Acquisition Manager
Attachment: Final Judgment
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.3.
Item Summary: Recommendation to approve a Final Judgment with property owner,
CAMADA, LLC, awarding compensation for Parcel 104DAME in the lawsuit styled Collier County
v. Alan Castle, et al., Case No. 11-2758-CA (White Blvd. Bridge Project#66066). (Fiscal Impact: $
6,121.50).
Meeting Date: 9/10/2013
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
8/27/2013 9:07:59 AM
Approved By
Name: AhmadJay
Title: Director-Transportation Engineering,Transportation Engineering&Construction Management
Date: 8/27/2013 10:18:24 AM
Name: HendricksKevin
Title: Manager-Right of Way,Transportation Engineering
Date: 8/27/2013 12:13:53 PM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 8/28/2013 9:27:43 AM
Name: ShueGene
Date: 8/28/2013 12:19:39 PM
Name:KearnsAllison
Date: 8/28/2013 2:07:08 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 8/28/2013 2:38:58 PM
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Name:PepinEmily
Title: Assistant County Attorney,CAO Litigation
Date: 8/28/2013 3:05:16 PM
Name:UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 8/28/2013 4:32:04 PM
Name:KlatzkowJeff
Title: County Attorney
Date: 8/29/2013 9:47:41 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 8/29/2013 2:44:51 PM
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY,FLORIDA
CIVIL ACTION
COLLIER COUNTY,a political subdivision
of the State of Florida.
Petitioner, Case No.: 11-2758-CA
vs. Parcel Nos.: 104DAME, IO5DE,
11ORDUE, 112RDUE, 113RDUE
ALAN CASTLE,et al.,
Respondents.
I
JOINT MOTION FOR FINAL JUDGMENT
Petitioner, COLLIER COUNTY, together with Respondent, CAMADA, LLC, hereby
respectfully move for entry of the Final Judgment attached hereto as Exhibit "A", as to Parcel
I 04DAME and states as follows:
1. A Petition in Eminent Domain was filed on August 25, 2011, to acquire Parcels
1 O4FEE, 105DE, 11 ORDUE, 112RDUE, and 113RDUE for construction of a replacement bridge on
White Boulevard and a new bridge on 23rd Street SW, both over the Golden Gate Main Canal,
together with the realignment of the intersection of White Boulevard and 23rd Street SW, being part
of the Transportation Bridge Replacement Program known as Project No. 66066.
2. An Offer of Judgment was made by the Respondent on June 28, 2013. Negotiations
were had and a settlement was reached.
WHEREFORE, Petitioner, COLLIER COUNTY, respectfully requests that this Court grant
its joint motion and accepts, as filed,the attached Final Judgment.
Submitted this day of , 2013.
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Dated: „,k49/, "(A4' rf.,2,,0 3 Dated:
4/4—e-- /
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BRIAN P. PA HEN,ESQUIRE EMILY R. PEPIN,ESQUIRE
Florida Bar No. 157545 Florida Bar No. 92956
Law Office of Brian P. Patchen,P.A. ASSISTANT COUNTY ATTORNEY
15165 N.W. 77th Avenue, Suite 2005 Harmon Turner Building
Miami Lakes,FL 33014 3299 East Tamiami Trail-Suite 800
patchlaw c2,brianpatchen.com. Naples, Florida 34112
(305) 372-1112-Telephone emilypepin tc.colliergov.net
(305)372-3691-Facsimile (239)252-8400- Telephone
ATTORNEY FOR CANADA, LLC (239) 252-6300- Facsimile
ATTORNEY FOR COLLIER COUNTY
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via
electronic mail to (patchlaw@brianpatchen.com) Camada, LLC, c/o Brian P. Patchen, Esq, Law
Office of Brian P. Patchen, P.A., 15165 N.W. 77th Avenue, Suite 2005, Miami, FL 33014 on this
day of ,2013.
EMILY R. PEPIN,ESQUIRE
11-2758-CA/396
AiNik
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, a political subdivision
of the State of Florida,
Petitioner, Case No.: 11-2758-CA
vs. Parcel Nos.: 104DAME
ALAN CASTLE, et al.,
Respondents.
FINAL JUDGMENT
THIS CAUSE having come before this Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, and Respondent, CAMADA, LLC, for entry of a Final Judgment as to Parcel
104DAME for Project No. 66066, and it appearing to the Court that the parties are authorized to
make such Joint Motion, the Court finding that the compensation to be paid by Petitioner is the full
compensation due the Respondent, CAMADA, LLC, and the Court being fully advised in the
premises, it is therefore:
ORDERED AND ADJUDGED that Respondent, CAMADA, LLC, have and recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Six Thousand, Five Hundred
Dollars and No/100 ($6,500.00) for Parcel 104DAME, as full compensation, including severance
damages, cost to cure, statutory interest, business damages, and for all other damages in connection
with said parcel, excluding attorney's fees, expert fees and costs; it is further
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled
to a credit in the amount of Two Thousand Nine Hundred Fifty Dollars and No/100 ($2,950.00)
which was previously deposited into the registry of the Clerk of the Circuit Court toward the
acquisition of Parcel 104DAME and withdrawn by Respondent; it is further
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ORDERED AND ADJUDGED that COLLIER COUNTY, FLORIDA, shall pay an
additional One Thousand Four Hundred Dollars and No/100 ($1,400.00) for expert fees and
costs; it is further
ORDERED AND ADJUDGED Petitioner, COLLIER COUNTY, FLORIDA shall pay One
Thousand One Hundred Seventy-One Dollars and 50/100 ($1,171.50) as full settlement and
satisfaction of all attorney's fees, including all supplemental attorney's fees, litigation costs,
monetary benefits, and non-monetary benefits; it is further
ORDERED AND ADJUDGED that any boat ramp that is constructed will be gated, locked
and confined to government use only; it is further
ORDERED AND ADJUDGED that except as provided herein, no additional fees or costs
shall be awarded to Respondent; it is further
ORDERED AND ADJUDGED that within thirty (30) days of execution of this Stipulated
Final Judgment, Petitioner COLLIER COUNTY, FLORIDA shall pay the additional
aforementioned payments in the total sum of Six Thousand One Hundred and Twenty-One
Dollars and 50/100 ($6,121.50) to the Law Office of Brian P. Patchen P.A., Trust Account, c/o
Brian P. Patchen, Esquire, P.A., 15165 N.W. 77th Avenue, Suite 2005, Miami, FL 33014 as full
compensation for the taking of Parcel 104DAME; it is further
ORDERED AND ADJUDGED that within thirty (30) days of execution of this Stipulated
Final Judgment, the Clerk shall disburse the interest on deposit with the Court Registry in the
amount of Two Dollars and 47/100 ($2.47) to the Law office of Brian P. Patchen P.A., Trust
Account, c/o Brian P. Patchen, Esquire, 15165 N.W. 77th Avenue, Suite 2005, Miami, FL 33014,
for the benefit of Respondent; it is further
ORDERED AND ADJUDGED that title to Parcel 104DAME being fully described in
Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the
2
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Order of Taking dated January 25, 2012, and the deposit of money heretofore made is approved,
ratified, and confirmed; it is further
ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled
cause and recorded in Official Record Book 4714, Page 346, et.seq., of the Public Records of
Collier County, Florida be dismissed as to Parcel 104DAME; it is further
ORDERED AND ADJUDGED that the Court reserves jurisdiction to enforce the terms of
this Final Judgment; it is further
ORDERED AND ADJUDGED that this Final Judgment is to be recorded in the Official
Records of Collier County, Florida; it is therefore
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this
day of , 2013.
LAUREN L. BRODIE
CIRCUIT COURT JUDGE
Conformed Copies:
Emily R.Pepin,Esquire
Brian P.Patchen,Esquire
Kevin Hendricks,Acquisition Mgr./Transp.
Bookkeeping
3
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