Agenda 03/12/2019 Item #16K103/12/2019
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement in the total amount of $72,329.50,
including attorney and expert fees and costs, for the taking of Parcel 460RDUE 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: $52,439.50)
OBJECTIVE: To settle full compensation owed for the taking of Parcel 460RDUE 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 Stipulated Order of Taking
entered December 19, 2017, the County condemned Parcel 460RDUE and deposited a good faith estimate
of value in the amount of $20,060 into the Court Registry. Parcel 460RDUE is a road right-of-way,
drainage, and utility easement containing almost ½ acre of land or 21,565 square feet taken from
improved property owned by Dan and Victoria Scarnecchia. An aerial photograph of Parcel 460RDUE is
attached.
At Mediation held January 14, 2019, the property owners’ initial claim for total compensation was
$100,800, not including attorney and expert fees and costs. The parties negotiated a full settlement of
$72,329.50, including all attorney and expert fees and costs, and a credit for the County for the amount
previously deposited into the Court Registry. Based on the location of the owners’ current driveway and
the proposed bridge at this location, a portion of the owners’ driveway will need to be relocated. The
owners agreed to execute a temporary construction easement to permit County access on the property to
construct a driveway that will connect into the existing driveway, and agreed to the County’s proposed
location. An aerial photograph that details the driveway construction is attached for reference. The
County will be required to construct a driveway opening that will end at the property line and preserve a
15 foot strip of existing trees between the right-of-way line and the driveway. Construction of the
driveway shall occur only at such time as the County constructs the adjacent roadway improvements
including the bridge. The County Attorney’s Office (CAO) and Transportation staff recommend the
Board approve the attached Mediated Settlement Agreement since a better result is not anticipated at trial.
If this item is approved, the County will be obligated to pay an additional $52,439.50, over the amount
already deposited into the Court Registry, said amount includes a $170 Clerk’s Registry fee.
Upon Board approval of the Mediated Settlement Agreement, and when all conditions contained in the
Agreement are satisfied, the CAO will file a Joint Motion with the Circuit Court incorporating the same
terms as the Agreement.
FISCAL IMPACT: Funds in the amount of $52,439.50 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. - CMG
RECOMMENDATION: To approve a Mediated Settlement Agreement in the total amount of
$72,329.50 for full compensation of the taking of Parcel 460RDUE required for the expansion of Golden
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03/12/2019
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: Colleen M. Greene, Assistant County Attorney
ATTACHMENT(S)
1. Mediated Settlement Agreement (PDF)
2. Aerial Photograph of Parcel 460RDUE (PDF)
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03/12/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doc ID: 8131
Item Summary: Recommendation to approve a Mediated Settlement Agreement in the total
amount of $72,329.50, including attorney and expert fees and costs, for the taking of Parcel 460RDUE
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: $52,439.50)
Meeting Date: 03/12/2019
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
02/21/2019 9:25 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
02/21/2019 9:25 AM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 02/21/2019 9:27 AM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 02/21/2019 9:28 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 02/21/2019 10:02 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 02/21/2019 11:20 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 02/21/2019 1:08 PM
Growth Management Department Gene Shue Additional Reviewer Completed 02/21/2019 4:44 PM
Growth Management Department Jeanne Marcella Department Head Review Completed 02/22/2019 8:03 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 02/25/2019 2:03 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/26/2019 8:59 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/27/2019 10:22 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 03/04/2019 8:24 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/04/2019 4:59 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/12/2019 9:00 AM
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IN TTIE CIRCUIT COURT OF TIIE TWENTTETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY' FLORIDA
CTVIL ACTION
COLLIER COTINTY BOARD OF COTINTY
COMMISSIONERS, a political subdivision of
the State of Florida,
Petitioner.
Case No.: 17-CA-1398
PARCEL: 460RDUE
CKC Property Holdings, ZIC; FIRST FLORIDA
.
INTEGRiTYBANK, as successor to First National
Bank of the Gulf Coast, N.A.; INSOUTH BANK;
I-INKNOWN TENANTS, n/k/a Shamus Gill;
Diana M. Starr; (Jnknown Spouse of Diana M Starr'
if any; Third Federal Savings and Loan Association of
bkirland;DAN BRIAN SCARNECCHIA; VICTORIA
SCARNECCHIA, Spousal Interest, if any;
LOANDEPOT.COM, LLC, d/b/a IMORTGAGE;
Mortgage Electronic Registration Systems, Inc';
-
Fifth- Tiird Mortgage Company; Edward J -Frank;
RiJBEN HoMES covERING GAPE, INC.; and
Larry Ray, Collier County Tm Collector;
Respondents.
MEDIATED SETTLEMENT AGREEMENT
As a result of a Mediation Conference held Monday, January 14,2019, the parties reached
thefollowingSettlementAgreementcontingentupontheapprovaloftheCollierCountyBoardof
County Commissioners:
I . Petitioner will pay to Respondents Owners, DAN BRIAN SCARNECCHIA' and
VICTORIA SCARNEaCHa, as to parcel 460RDUE, the sum of $72,329.50 in full
settlement of all claims fbr compensation from Petitioner whatsoever, including business
damages, and attorney fees, expert fees, and costs'
2. Parties agree as follows:
a. Respondents will execute a temporaxy construction easement to pemit access on
the Respondents; property for thl purpose ofconstructing a driveway tying into the
existing drivewaY.
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16.K.1.a
Packet Pg. 1365 Attachment: Mediated Settlement Agreement (8131 : Mediated Settlement Agreement $72,329.50 Parcel 460RDUE project 60145 - 17-CA-1398)
b. The location of the driveway from Golden Gate Blvd. to Respondents' driveway
will be determined and approved by all Parties. This Mediated Settlement
Agreement is contingent upon such approval.
c. The County will construct a driveway opening, made of either concrete or asphalt
based onthe County's practice, at a locationto be approved by all Parties on Golden
Gate Blvd. The driveway opening will end at the property line, and the driveway
on the Respondents' property will be constructed of lime rock.
d. County will preserve approximately a 15 ft. strip ofthen existing trees between the
right-of-way line and the driveway referred to above.
e. Construction ofthe driveway shall occur only at such time as the County constructs
the adjacent roadway improvements including the bridge.
Counsel for Petitioner and Respondents will jointly submit to the Court for signature a
mutually approved Stipulated Final Judgment in this matter as soon as practical hereafter,
but not prior to the satisfaction ofall conditions contained herein.
Petitioner is entitled to a credit in the amount of$20,060 for its good faith estimate ofvalue
previously deposited into the Court Registry.
Petitioner will pay Respondents the balance due of $52,269.50 within thirty (30) days of
the actual date of receipt by the Petitioner's counsel of a conformed copy of the aforesaid
Stipulated Final Judgment from the Coufi.
Attached hereto is an addendum to this Agreement.
X Yes
7. This Agreement, dated January 14,2019, contains all of the agreements ofthe parties.
1-
4.
5.
6.
No
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16.K.1.a
Packet Pg. 1366 Attachment: Mediated Settlement Agreement (8131 : Mediated Settlement Agreement $72,329.50 Parcel 460RDUE project 60145 - 17-CA-1398)
Collier CounS' TransPortalioa Eogifleef,iog
Constructiorr Management
Co-Counsel for Petilioner
COLLIER COLTNTY
SERVICE LIST
CH, Manager, Right of WaY
JONES, ESQ.
Case No, 17-CA'1398
PARCEL 46ORDUE
Oat{ grueN SCARNECCHIA and
VICTORIA SCARNECCHIA, SPousal
Interest, if any
c/o Kenneth A. Jones, Esq.
Roetzel and Andress
kionesf@ralaw.com
Mortgage Electronic Regislration Systems,
Inc., [Clerk's Default, Docket #164
LOANDEPOT.COM, LLC, d,/b/A
IMORTGAGE
c/o Andrew Arias, Esq'
Marinosci Law GrouP, P.C.
aarias@ml g-defaultlaw.com
ServiceFL@MLG-Defaultlaw.com
ServiceFL2@MLG-Detaultlarv.com
I I?-a A-r 1qn/145<?R</l l
16.K.1.a
Packet Pg. 1367 Attachment: Mediated Settlement Agreement (8131 : Mediated Settlement Agreement $72,329.50 Parcel 460RDUE project 60145 - 17-CA-1398)
APPROXIMATE LOCATION OF NEW DRIVEWAY CONNECTION
/NEW DRIVEWAY CONNECTION Addendum to Mediated Settlement Agreement16.K.1.aPacket Pg. 1368Attachment: Mediated Settlement Agreement (8131 : Mediated Settlement Agreement $72,329.50 Parcel 460RDUE project 60145 - 17-CA-1398)
AERIAL – PARCEL 460RDUE
GOLDEN GATE BLVD. PROJECT NO. 60145
EXISTING RIGHT-OF-WAY PER PLAT
PARCEL 460RDUE
/
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Packet Pg. 1369 Attachment: Aerial Photograph of Parcel 460RDUE (8131 : Mediated Settlement Agreement $72,329.50 Parcel 460RDUE project 60145 - 17-CA-