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Agenda 05/14/2019 Item #16K 4 (Stipulated Final Judgement for Parcel 332RDUE)05/14/2019 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment to settle final compensation for the taking of Parcel 332RDUE, in the amount of $39,412, including statutory attorney fees and costs, and expert fees and costs, in the lawsuit styled Collier County v. Priscilla Dias, et al, Case No. 16- CA-1393, required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact: $39,412) OBJECTIVE: To settle final compensation owed for the taking of Parcel 332RDUE required for the expansion of roadway and related drainage and utility improvements to Golden Gate Boulevard Expansion Project, (Project No. 60145), hereinafter referred to as the “Project.” CONSIDERATIONS: On November 18, 2016, the County condemned Parcel 332RDUE and deposited $9,600 into the Court Registry as a good faith estimate of value pursuant to an Order of Taking in the lawsuit styled Collier County v. Priscilla Dias, et al, Case No. 16-CA-1393. Parcel 332RDUE is on improved property owned by Mary Chackal, was required for the construction of the Project, and is a non-exclusive, road right-of-way, drainage and utility easement, containing 3,725 square feet. An aerial photograph of the property is attached. The County Attorney’s Office, (“CAO”), with Transportation staff, negotiated with Respondent’s counsel and agreed to settlement terms contingent upon approval of the Board of County Commissioners, saving the County the added cost of Mediation. The attached proposed Stipulated Final Judgment requires the County pay Respondent $39,412 over the amount the County previously deposited into the Court Registry, and includes statutory attorney fees and costs and expert fees and costs. The CAO and staff recommend approval of the proposed Stipulated Final Judgment 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 $39,412 will be paid from impact fees from the Golden Gate Boulevard Expansion 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 prepared by the County Attorney’s Office, is approved as to form and legality, and requires a majority vote for Board approval. - CMG RECOMMENDATION: To approve a Stipulated Final Judgment to settle final compensation for the taking of Parcel 332RDUE, in the amount of $39,412, including statutory attorney fees and costs, and expert fees and costs, in the lawsuit styled Collier County v. Priscilla Dias, et al, Case No. 16-CA-1393, required for the Golden Gate Boulevard Expansion Project No. 60145. Prepared by: Colleen M. Greene, Assistant County Attorney ATTACHMENT(S) 1. Joint Motion for Stipulated Final Judgment Order (PDF) 2. Aerial Photograph of Parcel 332RDUE (PDF) 16.K.4 Packet Pg. 1805 05/14/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.4 Doc ID: 8798 Item Summary: Recommendation to approve a Stipulated Final Judgment to settle final compensation for the taking of Parcel 332RDUE, in the amount of $39,412, including statutory attorney fees and costs, and expert fees and costs, in the lawsuit styled Collier County v. Priscilla Dias, et al, Case No. 16-CA-1393, required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact: $39,412) Meeting Date: 05/14/2019 Prepared by: Title: Legal Office Administrator – County Attorney's Office Name: Debbie Allen 04/29/2019 12:07 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 04/29/2019 12:07 PM Approved By: Review: Transportation Engineering Robert Bosch Additional Reviewer Completed 04/29/2019 1:26 PM Transportation Engineering Jay Ahmad Additional Reviewer Completed 04/29/2019 1:49 PM Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 04/29/2019 2:10 PM Growth Management Department Gene Shue Additional Reviewer Completed 04/29/2019 2:12 PM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 04/29/2019 2:42 PM Growth Management Department Lisa Taylor Additional Reviewer Completed 04/30/2019 10:11 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 04/30/2019 11:09 AM Growth Management Department James C French Deputy Department Head Review Completed 05/01/2019 5:35 PM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 05/02/2019 12:03 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/03/2019 7:48 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/03/2019 1:15 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 05/06/2019 10:46 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/06/2019 11:25 AM Board of County Commissioners MaryJo Brock Meeting Pending 05/14/2019 9:00 AM 16.K.4 Packet Pg. 1806 16.K.4.a Packet Pg. 1807 Attachment: Joint Motion for Stipulated Final Judgment Order (8798 : Stipulated Final Judgment Parcel 332RDUE $39,412 16-CA-1393 Project [16-CA-1393/1471637/1] 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 of electronic filing to parties appearing via electronically, or by U.S. Mail, postage prepaid, to parties as indicated on the Service List below on this _____ day of May, 2019. BY: _______________________________ COLLEEN M. GREENE, ESQ. SERVICE LIST COLLIER COUNTY, PRISCILLA DIAS, ET. AL., Case No. 16-CA-1393 PARCEL 332RDUE MARY CHACKAL c/o Joshua Smith, Esq. Buchanan, Ingersoll & Rooney, PC Joshua.smith@bipc.com Deutsche Bank National Trust Company, as trustee for Alliance Bancorp Trust [Clerk’s Default, Docket #169] 16-CA-1393/741 16.K.4.a Packet Pg. 1808 Attachment: Joint Motion for Stipulated Final Judgment Order (8798 : Stipulated Final Judgment Parcel 332RDUE $39,412 16-CA-1393 Project [16-CA-1393/1471637/1] 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. Case No.: 16-CA-1393 PARCEL: 332RDUE PRISCILLA DIAS, ET. AL., Respondents. _____________________________________/ STIPULATED FINAL JUDGMENT ORDER AS TO PARCEL 332RDUE THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, and Respondent, MARY CHACKAL, by and through their counsel, for entry of a Stipulated Final Judgment as to Parcel 332RDUE 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, MARY CHACKAL, 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.4.a Packet Pg. 1809 Attachment: Joint Motion for Stipulated Final Judgment Order (8798 : Stipulated Final Judgment Parcel 332RDUE $39,412 16-CA-1393 Project [16-CA-1393/1471637/1] ORDERED AND ADJUDGED that Respondent, MARY CHACKAL, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Thirty Four Thousand and No/100 Dollars, ($34,000.00), for Parcel 332RDUE, as full compensation for the property interest taken and for damages resulting to the remainder, and for all other damages, statutory interest, in connection with said parcel, 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 Nine Thousand Six Hundred and No/100 Dollars, ($9,600.00), as payment for acquisition of Parcel 332RDUE, at which time title to said parcel as described in Exhibit “A” vested in the name of the Petitioner; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay Fifteen Thousand Twelve Dollars and 00/100 Dollars ($15,012.00), to Respondent in c/o Buchanan, Ingersoll, Rooney, PC, c/o Joshua Smith, Esq., 401 E. Jackson St., Suite 2400, Tampa, FL 33602, for all attorney fees and costs, expert fees and costs, and no other attorney or expert fees or costs shall be awarded in this case as to said parcel; it is further ORDERED that within thirty (30) days hereof, Petitioner shall pay the total sum of Twenty Four Thousand and Four Hundred and No/100 Dollars, ($24,400.00), to Respondent in c/o Buchanan, Ingersoll, Rooney, PC, c/o Joshua Smith, Esq., 401 E. Jackson St., Suite 2400, Tampa, FL 33602,in additional funds over the amount previously deposited into the Court Registry; it is further ORDERED that this Stipulated Final Judgment Order disposes of all claims arising out of the taking of Parcel 332RDUE 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 as to said parcel; it is further Exhibit “1” to Joint Motion for Stipulated Final Judgment 16.K.4.a Packet Pg. 1810 Attachment: Joint Motion for Stipulated Final Judgment Order (8798 : Stipulated Final Judgment Parcel 332RDUE $39,412 16-CA-1393 Project [16-CA-1393/1471637/1] ORDERED that the roadway drainage and utility easement interest to Parcel 332RDUE, being fully described in Exhibit “A” attached hereto and incorporated herein, which vested in Petitioner pursuant to the Stipulated Order of Taking dated November 14, 2016, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in this cause and recorded in Official Record Book 5301, Page 3275, of the Public Records of Collier County, Florida be dismissed as to Parcel 332RDUE; 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 May, 2019. ______________________________________ THE HONORABLE HUGH D. HAYES Circuit Court Judge conformed copies to: Colleen M. Greene, Esq., Counsel for PETITIONER, Colleen.Greene@colliercountyfl.gov Joshua Smith, Esq., Counsel for RESPONDENT MARY CHACKAL, Joshua.smith@bipc.com Clerk’s Office, Accounting Exhibit “1” to Joint Motion for Stipulated Final Judgment 16.K.4.a Packet Pg. 1811 Attachment: Joint Motion for Stipulated Final Judgment Order (8798 : Stipulated Final Judgment Parcel 332RDUE $39,412 16-CA-1393 Project Exhibit "1" to Joint Motion for Stipulated Final Judgment 16.K.4.a Packet Pg. 1812 Attachment: Joint Motion for Stipulated Final Judgment Order (8798 : Stipulated Final Judgment Parcel 332RDUE $39,412 16-CA-1393 Project AERIAL – PARCEL 332RDUE GOLDEN GATE BLVD. PROJECT NO. 60145 /  EXISTING RIGHT-OF-WAY PER PLAT PARCEL 332RDUE 16.K.4.b Packet Pg. 1813 Attachment: Aerial Photograph of Parcel 332RDUE (8798 : Stipulated Final Judgment Parcel 332RDUE $39,412 16-CA-1393 Project No. 60145)