Agenda 09/26/2017 Item #16K 409/26/2017
EXECUTIVE SUMMARY
Recommendation to approve a Final Judgment for Parcel 198RDUE in the case styled Collier
County v. Baby Brothers Enterprises, Inc., et al., Case No. 15-CA-298, now pending in the Twentieth
Judicial Circuit, Collier County, required for the widening of Golden Gate Boulevard (Project No.
60040). (Fiscal Impact: $15,600)
OBJECTIVE: To settle the amount of full compensation for the taking of Parcel 198RDUE condemned
for improvements to Golden Gate Boulevard, Project No. 60040, hereinafter referred to as the “Project.”
CONSIDERATIONS: On June 10, 2014, the Board authorized the condemnation of Parcel 198RDUE
required for the construction of the Project. Parcel 198RDUE is a 7,300 square foot roadway, drainage
and utility easement on the south side of Golden Gate Boulevard over a tract of land owned by Juana
Trust, L.A. Medina, Trustee. By virtue of the County’s deposit of $2,400 into the court registry on July
21, 2015 (the County’s appraisal testimony as to the good faith estimate of value), title and possession of
the easement interest passed to the County. Through negotiation, the parties agreed to total compensation
in the amount of $18,000. Attorney's fees and costs are included in the $18,000. The County would be
required to pay an additional $15,600, over the previously deposited amount of $2,400 by the County for
Parcel 198RDUE to arrive at the total compensated amount of $18,000.
The County Attorney’s Office and Staff recommend approval of this Final Judgment to eliminate
exposure to further costs arising out of extended litigation. Should the Board approve the Final Judgment,
a Joint Motion will be filed with the Circuit Court for entry of the Final Judgment.
FISCAL IMPACT: Funds in the amount of $15,600 will be paid from gas taxes and/or impact fees from
Golden Gate Boulevard Project No. 60040. 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. - JAB
RECOMMENDATION: That the Board of County Commissioners approve the attached Final
Judgment and authorizes the payment of funds as stated herein.
Prepared by: Jennifer A. Belpedio, Assistant County Attorney
ATTACHMENT(S)
1. Proposed Final Judgment - Parcel 198RDUE (PDF)
2. Aerial of Parcel 198RDUE (PDF)
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09/26/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doc ID: 3719
Item Summary: Recommendation to approve a Final Judgment for Parcel 198RDUE in the case
styled Collier County v. Baby Brothers Enterprises, Inc., et al., Case No. 15-CA-298, now pending in the
Twentieth Judicial Circuit, Collier County, required for the widening of Golden Gate Boulevard (Project
No. 60040). (Fiscal Impact: $15,600)
Meeting Date: 09/26/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
08/30/2017 9:42 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
08/30/2017 9:42 AM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 08/30/2017 3:23 PM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 08/30/2017 3:48 PM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 08/31/2017 8:56 AM
Growth Management Operations Support Allison Kearns Additional Reviewer Completed 08/31/2017 9:09 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 08/31/2017 12:41 PM
Growth Management Department Debbie Allen Department Head Review Skipped 08/30/2017 4:00 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 08/31/2017 10:08 AM
Growth Management Department James French Deputy Department Head Review Completed 08/31/2017 5:00 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/01/2017 7:51 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/01/2017 8:28 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/01/2017 10:30 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/04/2017 9:12 AM
Board of County Commissioners Michael Cox Meeting Completed 09/12/2017 9:00 AM
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Packet Pg. 3134 Attachment: Proposed Final Judgment - Parcel 198RDUE (3719 : Final Judgment - Parcel 198RDUE - Baby Brothers Enterprises - 15-CA-298 -
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Packet Pg. 3135 Attachment: Proposed Final Judgment - Parcel 198RDUE (3719 : Final Judgment - Parcel 198RDUE - Baby Brothers Enterprises - 15-CA-298 -
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Packet Pg. 3136 Attachment: Proposed Final Judgment - Parcel 198RDUE (3719 : Final Judgment - Parcel 198RDUE - Baby Brothers Enterprises - 15-CA-298 -
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Packet Pg. 3137 Attachment: Proposed Final Judgment - Parcel 198RDUE (3719 : Final Judgment - Parcel 198RDUE - Baby Brothers Enterprises - 15-CA-298 -
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Packet Pg. 3138 Attachment: Proposed Final Judgment - Parcel 198RDUE (3719 : Final Judgment - Parcel 198RDUE - Baby Brothers Enterprises - 15-CA-298 -
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Packet Pg. 3139 Attachment: Proposed Final Judgment - Parcel 198RDUE (3719 : Final Judgment - Parcel 198RDUE - Baby Brothers Enterprises - 15-CA-298 -
AERIAL PHOTO OF GOLDEN GATE BOULEVARD PARCEL 198RDUE
PARCEL 198RDUE
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Packet Pg. 3140 Attachment: Aerial of Parcel 198RDUE (3719 : Final Judgment - Parcel 198RDUE - Baby Brothers Enterprises - 15-CA-298 - project 60040 -