Agenda 10/24/2017 Item #16K 410/24/2017
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion for Final Judgment and Final Order of
Apportionment and Disbursement in the amount of $17,513 for Parcel 282RDUE, in the lawsuit
captioned Collier County v. Nabil Joseph, et al, Case No. 16-CA-1256 required for the Golden Gate
Boulevard Expansion Project No. 60145. (Fiscal Impact: $13,713)
OBJECTIVE: To acquire Parcel 282RDUE and settle full compensation due for the taking which is
necessary for the construction of roadway and related drainage and utility improvements for the Golden
Gate Boulevard Expansion (Project 60145).
CONSIDERATIONS: On April 26, 2016, the Board authorized the condemnation of Parcel 282RDUE
required for the construction of the Project. Parcel 282RDUE is a 8,153 square foot roadway, drainage
and utility easement on Golden Gate Boulevard over a tract of land owned by Jose Colon. By virtue of the
County’s deposit of $3,800 into the court registry on November 29, 2016 (the County’s appraisal
testimony as to the good faith estimate of value), title and possession of the easement interest passed to
the County. A Mediation was scheduled for October 9, 2017. Prior to the Mediation, the parties agreed
to a total compensation in the amount of $12,600 for the property interest taken and all damages, plus
$1,910 for expert fees and costs ($190 for the engineer fee, and $1,720 for the appraiser’s fee), plus
$3,003 in statutory attorneys’ fees, for a total amount of $17,513. The County will be obligated to pay an
additional $13,713 over the $3,800 previously deposited into the Clerk’s Registry.
The County Attorney’s Office and Transportation staff recommend approval of this Final Judgment and
Final Order of Apportionment and Disbursement since a better result is not anticipated at t rial. Upon
approval, the County Attorney’s Office will file the Joint Motion for Final Judgment with the Circuit
Court.
FISCAL IMPACT: Funds in the amount of $13,713 will be paid from gas taxes and/or impact fees from
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 prepared by the County Attorney’s Office, is
approved as to form and legality, and requires a majority vote for Board approval. - JAB
RECOMMENDATION: To approve a Final Judgment and Final Order of Apportionment and
Disbursement in the total amount of $17,513 for the taking of Parcel 282RDUE in the pending case styled
Collier County v. Nabil Joseph, et al, Case No. 16-CA-1256, required for the widening of Golden Gate
Boulevard, Project No. 60145.
Prepared By: Jennifer A. Belpedio, Assistant County Attorney
ATTACHMENT(S)
1. Joint Motion for Final Judgment and Final Order of Apportionment and Disbursement (PDF)
2. Aerial of Parcel 282RDUE (PDF)
16.K.4
Packet Pg. 1056
10/24/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doc ID: 3977
Item Summary: Recommendation to approve a Joint Motion for Final Judgment and Final Order
of Apportionment and Disbursement in the amount of $17,513 for Parcel 282RDUE, in the lawsuit
captioned Collier County v. Nabil Joseph, et al, Case No. 16-CA-1256 required for the Golden Gate
Boulevard Expansion Project No. 60145. (Fiscal Impact: $13,713)
Meeting Date: 10/24/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
10/16/2017 3:08 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
10/16/2017 3:08 PM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 10/16/2017 3:41 PM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 10/16/2017 3:45 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 10/17/2017 7:15 AM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 10/17/2017 7:31 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 10/17/2017 7:31 AM
Growth Management Department James French Deputy Department Head Review Completed 10/17/2017 11:20 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/17/2017 1:23 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/17/2017 1:46 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/17/2017 1:54 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 10/17/2017 2:31 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 10/17/2017 2:48 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/24/2017 9:00 AM
16.K.4
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16.K.4.aPacket Pg. 1058Attachment: Joint Motion for Final Judgment and Final Order of Apportionment and Disbursement (3977 : Joint Motion for Final Judgment and
16.K.4.aPacket Pg. 1059Attachment: Joint Motion for Final Judgment and Final Order of Apportionment and Disbursement (3977 : Joint Motion for Final Judgment and
16.K.4.aPacket Pg. 1060Attachment: Joint Motion for Final Judgment and Final Order of Apportionment and Disbursement (3977 : Joint Motion for Final Judgment and
16.K.4.aPacket Pg. 1061Attachment: Joint Motion for Final Judgment and Final Order of Apportionment and Disbursement (3977 : Joint Motion for Final Judgment and
16.K.4.aPacket Pg. 1062Attachment: Joint Motion for Final Judgment and Final Order of Apportionment and Disbursement (3977 : Joint Motion for Final Judgment and
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16.K.4.aPacket Pg. 1069Attachment: Joint Motion for Final Judgment and Final Order of Apportionment and Disbursement (3977 : Joint Motion for Final Judgment and
AERIAL PHOTO SHOWING PARCEL 282RDUE
16.K.4.b
Packet Pg. 1070 Attachment: Aerial of Parcel 282RDUE (3977 : Joint Motion for Final Judgment and Final Order - $17,513.00 for Parcel 282RDUE - Project No.