Agenda 06/27/2017 Item #16K 306/27/2017
EXECUTIVE SUMMARY
Recommendation to approved a Mediated Settlement Agreement for the total amount of $77,500
for the taking of Parcel 190RDUE in the pending case styled Collier County v. Jose Acosta, et al,
Case No. 15-CA-77, required for the Golden Gate Boulevard Project, Project No. 60040 (From 8th
Street East to 12th Street East). (Fiscal Impact: $74,070)
OBJECTIVE: To settle full compensation owed for the taking of Parcel 190RDUE required for
improvements to Golden Gate Boulevard, Project No. 60040.
CONSIDERATIONS: On June 10, 2014, the Board of County Commissioners (Board) authorized, via
Resolution No. 2014-124, the condemnation of Parcel 190RDUE to construct roadway, drainage and
utility improvements required for the widening of Golden Gate Boulevard in the section of road from 8th
Street East to 12th Street East. On July 30, 2015, the Court entered an Order of Taking for the required
property, and the County subsequently deposited a good faith estimate of value of $3,600.00 into the
Court Registry. The roadway, drainage and utility easement, approximately 9,720 square feet in size, was
taken from the property owned by Nguyet Thi Minh Pham. An aerial photograph of the subject property
is attached to this item for reference.
At the Court Ordered Mediation, the property owner, through her representatives and counsel, presented
her demand for damages in the amount of $62,600 based on a real estate appraisal report and an
engineer’s analysis of access to the remainder after the taking and the construction of the proposed
improvements. The property owner based her claim on the fact that construction of the improvements to
the bridge over the Golden Gate Main Canal made vehicular ingress and egress to the remainder unsafe,
and any cure to provide safe access was cost prohibitive. The County reviewed the property owner’s
engineering report and agreed that access was not feasible after the taking. Based on this information, at
mediation the County negotiated for a taking of the entire lot in fee simple but the property owner would
not entertain those negotiations.
The County Attorney’s Office and Transportation staff recommends the Board accept the attached
Mediated Settlement Agreement in the total amount of $77,500 since a better result is not a nticipated at
trial. The agreement includes a provision, running with the land, that all rights of access to Golden Gate
Boulevard have been taken. Accordingly, access would have to be through an adjacent property. If this
item is accepted and approved, the County will be obligated to pay an additional $73,900.00 over the
amount already deposited, plus a $170 Clerk’s Deposit Fee required to make the additional deposit into
the Court Registry. This amount includes all damages, attorneys’ fees, interest, and costs. Upon approval,
the County Attorney’s Office will file a Joint Motion with the Circuit Court incorporating the same terms
as the Mediated Settlement Agreement
FISCAL IMPACT: Funds in the amount of $74,070.00 are available in the Golden Gate Blvd.
Transportation Capital Improvement Project No. 60040. The primary funding source for the acquisition
of right-of-way is impact fees. Should impact fees not be sufficient within the project, the secondary
funding source will be gas taxes.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - JAB
RECOMMENDATION: To approve a Mediated Settlement Agreement for the total amount of $77,500
for the taking of Parcel 190RDUE in the pending case styled Collier County v. Jose Acosta, et al, Case
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06/27/2017
No. 15-CA-77, required for the Golden Gate Boulevard Project, Project No. 60040 (8th Street East to
12th Street East).
PREPARED BY: Jennifer A. Belpedio, Assistant County Attorney
ATTACHMENT(S)
1. Mediated Settlement Agreement - Parcel 190RDUE (PDF)
2. Aerial Photo 190RDUE (PDF)
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06/27/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 3368
Item Summary: Recommendation to approved a Mediated Settlement Agreement for the total
amount of $77,500 for the taking of Parcel 190RDUE in the pending case styled Collier County v. Jose
Acosta, et al, Case No. 15-CA-77, required for the Golden Gate Boulevard Project, Project No. 60040
(From 8th Street East to 12th Street East). (Fiscal Impact: $74,070)
Meeting Date: 06/27/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
06/14/2017 8:48 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/14/2017 8:48 AM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 06/14/2017 9:36 AM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 06/14/2017 10:19 AM
Growth Management Department Jeanne Marcella Level 1 Division Reviewer Completed 06/14/2017 2:56 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 06/14/2017 3:24 PM
Growth Management Department Debbie Allen Level 2 Division Administrator Skipped 06/14/2017 8:45 AM
Growth Management Department James French Additional Reviewer Completed 06/14/2017 3:45 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/16/2017 1:42 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/16/2017 1:57 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/16/2017 2:37 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 06/16/2017 5:06 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/17/2017 11:22 AM
Board of County Commissioners MaryJo Brock Meeting Pending 06/27/2017 9:00 AM
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Packet Pg. 1475 Attachment: Mediated Settlement Agreement - Parcel 190RDUE (3368 : Mediated Settlement Agreement - Parcel 190RDUE - $77,500 - Collier
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Packet Pg. 1476 Attachment: Mediated Settlement Agreement - Parcel 190RDUE (3368 : Mediated Settlement Agreement - Parcel 190RDUE - $77,500 - Collier
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Packet Pg. 1477 Attachment: Mediated Settlement Agreement - Parcel 190RDUE (3368 : Mediated Settlement Agreement - Parcel 190RDUE - $77,500 - Collier
AERIAL – PARCEL 190RDUE
GOLDEN GATE BLVD. PROJECT NO. 60040
PARCEL 190RDUE
GOLDEN GATE BLVD.
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Packet Pg. 1478 Attachment: Aerial Photo 190RDUE (3368 : Mediated Settlement Agreement - Parcel 190RDUE - $77,500 - Collier County v. Acosta - 15-CA-77)