Agenda 11/14/2017 Item #16K 111/14/2017
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement for the total amount of $65,664 for
the taking of Parcel 281RDUE in the pending case styled Collier County v. Nabil Joseph, et al, Case
No. 16-CA-1256, required for the Golden Gate Boulevard Project, Project No. 60145 (From 20th
Street East to east of Everglades Boulevard). (Fiscal Impact: $53,464)
OBJECTIVE: To settle full compensation owed for the taking of Parcel 281RDUE required for
improvements to Golden Gate Boulevard, Project No. 60145.
CONSIDERATIONS: On April 26, 2016, the Board authorized, via Resolution No. 2016-86, the
condemnation of Parcel 281RDUE to construct roadway, drainage and utility improvements required for
the widening of Golden Gate Boulevard in the section of road from 20th Street East to east of Everglades
Boulevard. On November 16, 2016, the Court entered a Stipulated Order of Taking for the required
property, and the County subsequently deposited a good faith estimate of value of $12,200 into the Court
Registry. The roadway, drainage and utility easement, approximately 4,614 square feet in size, was taken
from the northerly portion of property owned by Nabil Joseph. The parent tract contains a single -family
residence, and site improvements including landscaping, a gravel driveway, and well and septic systems.
Parcel 281RDUE contains natural vegetation that serves as a visual and sound barrier along the southern
portion of the property abutting Golden Gate Boulevard. Included in the settlement is compensation for
the costs to replant a similar buffer. An aerial photograph of the subject property is attached to this item
for reference.
At Mediation, the property owner, through counsel, presented his claim of compensation in the amount of
$64,500 (Land taken - $2,600; Damages - $27,400; Cost to Cure - $34,500), plus expert fees, attorney
fees, and costs. At mediation, the parties agreed to a settlement of $41,000 for the property taken, all
damages, any improvements, and the cost-to cure. The statutory attorney’s fee is $10,164, and the total
expert fees and costs are $14,500, bringing the total settlement figure to $65,664. The County Attorney’s
Office and Transportation staff recommend the Board approve the 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 $53,464 over the amount already deposited into the Court Registry. Upon approval, the
County Attorney’s Office will file a Joint Motion with the Circuit Court incorporating the same terms as
the attached Mediated Settlement Agreement.
FISCAL IMPACT: Funds in the amount of $53,464 are available in the Golden Gate Blvd.
Transportation Capital Improvement Project No. 60145. The primar y 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: None.
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 $65,664
for the taking of Parcel 281RDUE in the pending case styled Collier County v. Nabil Joseph, et al, Case
No. 16-CA-1256, required for the Golden Gate Boulevard Project, Project No. 60145 (20 th Street East to
east of Everglades Boulevard).
PREPARED BY: Jennifer A. Belpedio, Assistant County Attorney
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Packet Pg. 1994
11/14/2017
ATTACHMENT(S)
1. Nabil Joseph - Mediated Settlement Agreement (PDF)
2. Aerial Photo of Parcel 281RDUE (PDF)
16.K.1
Packet Pg. 1995
11/14/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doc ID: 3996
Item Summary: Recommendation to approve a Mediated Settlement Agreement for the total
amount of $65,664 for the taking of Parcel 281RDUE in the pending case styled Collier County v. Nabil
Joseph, et al, Case No. 16-CA-1256, required for the Golden Gate Boulevard Project, Project No. 60145
(From 20th Street East to east of Everglades Boulevard). (Fiscal Impact: $53,464)
Meeting Date: 11/14/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
10/19/2017 2:13 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
10/19/2017 2:13 PM
Approved By:
Review:
Growth Management Department Lisa Taylor Additional Reviewer Completed 10/19/2017 2:55 PM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 10/19/2017 3:09 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 10/20/2017 7:07 AM
Transportation Engineering Diane Lynch Additional Reviewer Skipped 10/20/2017 9:09 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 10/20/2017 10:09 AM
Growth Management Department James French Deputy Department Head Review Completed 10/20/2017 7:36 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/23/2017 10:42 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/23/2017 11:04 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/24/2017 2:21 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 11/03/2017 10:49 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/03/2017 11:45 AM
Board of County Commissioners MaryJo Brock Meeting Pending 11/14/2017 9:00 AM
16.K.1
Packet Pg. 1996
16.K.1.a
Packet Pg. 1997 Attachment: Nabil Joseph - Mediated Settlement Agreement (3996 : Mediated Settlement Agreement - $65,664.00 - Parcel 281RDUE - Project No.
16.K.1.a
Packet Pg. 1998 Attachment: Nabil Joseph - Mediated Settlement Agreement (3996 : Mediated Settlement Agreement - $65,664.00 - Parcel 281RDUE - Project No.
AERIAL PHOTO OF PARCEL 281RDUE
-
PARCEL 281RDUE
EXISTING ROW
16.K.1.b
Packet Pg. 1999 Attachment: Aerial Photo of Parcel 281RDUE (3996 : Mediated Settlement Agreement - $65,664.00 - Parcel 281RDUE - Project No. 60145 -Nabil