Agenda 01/09/2018 Item #16K 701/09/2018
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $5,500 as full
compensation for the taking of Parcel 433RDUE in the case styled Collier County v. Angel Crespo, et
al., Case No. 17-CA-1386, required for improvements to Golden Gate Boulevard (Project No.
60145). (Fiscal Impact: $1,170)
OBJECTIVE: To settle full compensation for the taking of Parcel 433RDUE required for the road
widening of Golden Gate Boulevard from east of Everglades Boulevard to the Faka Union Canal, Project
No. 60145 (“Project”).
CONSIDERATIONS: On March 28, 2017, the Board approved Condemnation Resolution No. 2017-64,
authorizing the taking of Parcel 433RDUE in order to construct the Project. On December 19, 2017, the
Court entered an Order of Taking for Parcel 433RDUE, vesting title of the parcel with the County, and
directing the County to deposit its good faith estimate of value of $4,500 into the Court Registry. Parcel
433RDUE is a road right-of-way, drainage, and utility easement containing 2,200 square feet of land over
a portion of improved property owned by Jeremy R. Fear. An aerial photograph is attached. Through
negotiations with Transportation staff and the County Attorney’s Office (“CAO”), the parties agreed to
full compensation of the property taken in the amount of $5,500, inclusive of any statutory attorney fees,
expert fees, and costs. Attached is a Joint Motion for Stipulated Final Judgment memorializing the terms
of the settlement.
The CAO and Staff recommend approval of this settlement since a better result is not expected at trial. If
approved, the County will be required to pay $1,000 over the amount on deposit, as well as a $170
Clerk’s deposit fee. Upon approval, the CAO will file the attached Joint Motion with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $1,170 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. - ERP
RECOMMENDATION: Recommendation to approve a Stipulated Final Judgment in the amount of
$5,500 as full compensation for the taking of Parcel 433RDUE in the case styled Collier County v. Angel
Crespo, et al., Case No. 17-CA-1386, required for improvements to Golden Gate Boulevard (Project No.
60145).
Prepared by: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Proposed Stipulated Final Judgment.p433 (PDF)
2. Aerial photograph.p433. (PDF)
16.K.7
Packet Pg. 1118
01/09/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.7
Doc ID: 4473
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$5,500 as full compensation for the taking of Parcel 433RDUE in the case styled Collier County v. Angel
Crespo, et al., Case No. 17-CA-1386, required for improvements to Golden Gate Boulevard (Project No.
60145). (Fiscal Impact: $1,170)
Meeting Date: 01/09/2018
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
01/02/2018 9:41 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
01/02/2018 9:41 AM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 01/02/2018 9:47 AM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 01/02/2018 10:24 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 01/02/2018 10:32 AM
Growth Management Operations Support Allison Kearns Additional Reviewer Completed 01/02/2018 10:42 AM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 01/02/2018 11:02 AM
Growth Management Department Gene Shue Additional Reviewer Completed 01/02/2018 11:11 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 01/02/2018 11:13 AM
Growth Management Department James French Deputy Department Head Review Completed 01/02/2018 11:15 AM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 01/03/2018 8:12 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/03/2018 9:09 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 01/03/2018 9:17 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/03/2018 1:55 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/03/2018 2:31 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/09/2018 9:00 AM
16.K.7
Packet Pg. 1119
16.K.7.a
Packet Pg. 1120 Attachment: Proposed Stipulated Final Judgment.p433 (4473 : Stipulated Final Judgment - $5,500 - Parcel 433RDUE - Project No. 60145)
16.K.7.a
Packet Pg. 1121 Attachment: Proposed Stipulated Final Judgment.p433 (4473 : Stipulated Final Judgment - $5,500 - Parcel 433RDUE - Project No. 60145)
16.K.7.a
Packet Pg. 1122 Attachment: Proposed Stipulated Final Judgment.p433 (4473 : Stipulated Final Judgment - $5,500 - Parcel 433RDUE - Project No. 60145)
16.K.7.a
Packet Pg. 1123 Attachment: Proposed Stipulated Final Judgment.p433 (4473 : Stipulated Final Judgment - $5,500 - Parcel 433RDUE - Project No. 60145)
16.K.7.a
Packet Pg. 1124 Attachment: Proposed Stipulated Final Judgment.p433 (4473 : Stipulated Final Judgment - $5,500 - Parcel 433RDUE - Project No. 60145)
16.K.7.a
Packet Pg. 1125 Attachment: Proposed Stipulated Final Judgment.p433 (4473 : Stipulated Final Judgment - $5,500 - Parcel 433RDUE - Project No. 60145)
AERIAL – PARCEL 433RDUE (GOLDEN GATE BLVD. PROJECT NO. 60145)
EXISTING RIGHT-OF-WAY PER PLAT
PARCEL 433RDUE
/
16.K.7.b
Packet Pg. 1126 Attachment: Aerial photograph.p433. (4473 : Stipulated Final Judgment - $5,500 - Parcel 433RDUE - Project No. 60145)