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Agenda 09/10/2013 Item #16K4 9/10/2013 16.K.4. EXECUTIVE SUMMARY Recommendation to approve a Final Judgment in the amount of$25,000 for Parcel 195DAME in the lawsuit styled Collier County v. Tony Guarino, III, et al., Case No. 11-CA-3208 (LASIP- Outfalls 3 & 4 Project#51101). (Fiscal Impact $4,600) OBJECTIVE: That the Board of County Commissioners approves a Joint Motion and Final Judgment for payment of full compensation in the amount of $25,000, for the taking of Parcel 195DAME in the lawsuit styled Collier County v. Tony Guarino III, et. al., Case No. 11-CA-3208 (LASIP-Outfalls 3 &4 Project#51101). CONSIDERATIONS: Collier County has condemned 3,900 square feet of proposed perpetual, drainage, access and maintenance easement for the LASIP Outfalls 3 & 4 which Project #51101 (Parcel 195DAME) from property owner Wells Fargo Bank, National Association. The County's initial appraisal dated April 14, 2011, valued the taking at $20,400. The County offered the prior owner $20,400 as the County's statutory offer on July 29, 2011. Prior to the Order of Taking hearing, Wells Fargo Bank acquired the property from the previous owner. An Order of Taking hearing was held on March 6, 2012, and the County deposited the sum of $20,400 in the Court Registry for Parcel 195DAME. On December 6, 2012, in an apportionment hearing set by the prior owner, Wells Fargo successfully asserted their right to the monies on deposit. Settlement negotiations were held with counsel for owner and a settlement was reached. Staff recommends settlement for full compensation in the amount of $25,000, inclusive of attorney's fees, expert fees and costs. The settlement amount reflects the value of the land as well as negotiated attorney's fees, expert fees and costs. If approved, the County will be responsible for the following costs: Additional Amount Owed: $4,600 TOTAL $4,600 The County Attorney's Office and staff are recommending this settlement since a better result at trial is not anticipated. FISCAL IMPACT: Funds in the amount of$4,600 are available in Stormwater Capital Project Fund 325 Project 51101. Source of funds is General Fund. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires a majority vote for approval- ERP RECOMMENDATION: That the Board of County Commissioners approves a Joint Motion and Final Judgment as to Parcel 195DAME and authorize payment of the funds as stated. PREPARED BY: Emily R. Pepin, Assistant County Attorney Attached: Final Judgment 11-3208CA/5446 Packet Page-3075- 9/10/2013 16.K.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.4. Item Summary: Recommendation to approve a Final Judgment in the amount of$25,000 for Parcel 195DAME in the lawsuit styled Collier County v.Tony Guarino, Ill, et al., Case No. 11- CA-3208 (LASIP-Outfalls 3 &4 Project#51101). (Fiscal Impact $4,600) Meeting Date: 9/10/2013 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 8/27/2013 10:08:57 AM Approved By Name: HendricksKevin Title: Manager-Right of Way,Transportation Engineering Date: 8/27/2013 12:14:04 PM Name: AhmadJay Title: Director-Transportation Engineering,Transportation Engineering&Construction Management Date: 8/28/2013 7:41:23 AM Name: TaylorLisa Title: Management/Budget Analyst,Transportation Administr Date: 8/28/2013 9:27:53 AM Name: ShueGene Date: 8/28/2013 12:19:49 PM Name: KearnsAllison Date: 8/28/2013 2:07:20 PM Name:MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 8/28/2013 2:39:09 PM Name: PepinEmily Packet Page-3076- 9/10/2013 16.K.4. Title: Assistant County Attorney,CAO Litigation Arnike Date: 8/28/2013 2:56:25 PM =- Name: KlatzkowJeff Title: County Attorney Date: 8/28/2013 3:31:23 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 8/30/2013 12:13:51 PM Name: OchsLeo Title: County Manager Date: 8/30/2013 2:18:14 PM Packet Page-3077- 9/10/2013 16.K.4. 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.: 11-3208-CA vs. Parcel No.: 195DAME TONY GUARINO, III,ET AL., Respondents. JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby jointly and respectfully request this Court enter the Final Judgment attached hereto as Exhibit"A", as to Parcel 195DAME. Dated: 4v,,vS?G/O odd l L . .. . Dated: OND C. FLOWERS, ESQUIRE EMILY R.PENN,ESQUIRE Florida Bar No. 106828 Florida Bar No.: 92956 ADAMS AND REESE,LLP COLLIER COUNTY ATTORNEY'S OFFICE 150 Second Avenue North-Suite 1700 3299 East Tamiami Trail, Suite 800 St.Petersburg, Florida 33701 Naples, Florida 34112 Rick.Flowers @arlaw.com Telephone: (239)252-8400 Sue.Batchelder@arlaw.com emilypepin @colliergov.net ATTORNEY FOR WELLS FARGO BANK, rosavillarreal@,colliergov.net NATIONAL ASSOCIATION nancybradley(,colliergov.net ATTORNEY FOR PETITIONER COLLIER COUNTY, FLORIDA 1 Packet Page-3078- 9/10/2013 16.K.4. 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.: 11-3208-CA vs. Parcel No.: 195DAME TONY GUARINO,III,ET AL., Respondents. FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondent, WELLS FARGO BANK, NATIONAL ASSOCIATION, by and through their undersigned counsel for entry of a Final Judgment as to Parcel I95DAME, 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, COLLIER COUNTY, FLORIDA, is the full compensation due Respondents, and the Court being otherwise fully advised in the premises thereof, it is thereupon, ORDERED AND ADJUDGED that Respondents have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Twenty Thousand Four Hundred Dollars and No/100 ($20,400.00) inclusive of full compensation, business damages, statutory interest, and expert fees and costs in connection with said parcels, except for attorney's fees and costs; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit in the amount of Twenty Thousand Four Hundred Dollars and No/100 ($20,400.00) , 1 Packet Page-3079- 9/10/2013 16.K.4. which was deposited into the registry of the Clerk of the Circuit Court toward the acquisition of Parcel 195DAME, at which time title to said parcels as described in Exhibit "A" vested in the name of Petitioner; it is further ORDERED that within thirty (30) days of receipt by Petitioner of the Final Judgment entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall send a check for Four Thousand Six Hundred Dollars and No/100 ($4,600.00) payable to Wells Fargo Bank to Adams and Reese LLP, do Richmond C. Flowers, Esq., 150 2nd Avenue North, Suite 1700, Saint Petersburg, Florida 33701, as settlement for all attorney's fees and costs in connection with this case, it is further ORDERED that except as provided herein, no additional fees or costs shall be awarded to Respondents; it is further ORDERED that this Court determined and ordered that Wells Fargo is entitled to the funds of Twenty Thousand Four Hundred dollars and No/100 ($20,400.00) referred to above for the taking of Parcel 195DAME and Wells Fargo has successfully withdrawn those funds from the Court Registry, it is further ORDERED that title to Parcel 195DAME, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, FLORIDA, pursuant to the Order of Taking dated March 6, 2012, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that this Court reserves jurisdiction to enforce the terms of this Final Judgment; it is further ORDERED that this Final Judgment is subject to approval by the Board of County Commissioners of Collier County, Florida; it is further 2 Packet Page -3080- 9/10/2013 16.K.4. ORDERED that the Notices of Lis Pendens filed in this action and recorded in Official Record Book 4723, Page 2130,of the Public Records of Collier County, Florida be dismissed as to Parcel 195DAME; it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is further ORDERED that this Order disposes of all claims arising out of the taking of Parcel 195DAME that have or could have been asserted in this cause; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida this day of ,2013. CYNTHIA A. PIVACEK Circuit Court Judge Conformed Copies to: Emily R.Pepin,Esquire Richmond C.Flowers,Esquire J.D.Allen and Associates,Inc. Dret Trust II Kevin Hendricks,Transportation ROW Acquisition Manager Bookkeeping 3 Packet Page-3081- 9/10/2013 16.K.4. as 44, o Q R Ioca C co OTC t t A ii Li- W � - ° m. 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