Agenda 02/27/2018 Item #16K 802/27/2018
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $80,000 as full
compensation for the taking of Parcel 429RDUE, as well as $11,789 in statutory attorney and expert
fees and costs, required for the expansion of Golden Gate Blvd., Project No. 60145 (from east of
Everglades Blvd. to the Faka Union Canal), in the pending case styled Collier County v. Angel
Crespo, et al., Case No. 17-CA-1386. (Fiscal Impact: $38,759)
OBJECTIVE: To settle full compensation owed for the taking of Parcel 429RDUE required for the
expansion of Golden Gate Blvd., Project No. 60145 (from east of Everglades Blvd. to the Faka Union
Canal), hereinafter the “Project”.
CONSIDERATIONS: On March 28, 2017, the Board approved Condemnation Resolution 2017-64 to
acquire the necessary property to construct the Project. Pursuant to the Stipulated Order of Taking
entered December 19, 2017, the County condemned Parcel 429RDUE and deposited a good faith estimate
of value in the amount of $53,200 into the Court Registry. Parcel 429RDUE is a road right-of-way,
drainage, and utility easement containing 4,515 square feet taken from improved property owned by
Angel Crespo and Mayelin Herrada. An aerial photograph of Parcel 429RDUE is attached. The bulk o f
the estimated compensation stems from the cost of the driveway, fence, and gate taken as well as damages
resulting from the home’s setback being reduced from 125 feet to 82 feet from the road in the after
condition. Through negotiations, the County Attorney’s Office (CAO), arrived at a settlement amount of
$80,000 for the land taken, all improvements, and damages, plus $11,789 for all statutory attorney and
expert fees and costs. Upon approval of this settlement by the Board, the County will be obligated to pay
an additional $38,589 over the previous deposit in the Court Registry. A fee of $170 is required by the
Clerk for deposit of funds into the Court Registry.
The CAO and Transportation staff recommend the Board approves this settlement since a better result is
not anticipated at trial. Upon approval, the CAO will file the attached Joint Motion for Stipulated Final
Judgment with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $38,759 are available in the 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 approved as to form and legality and requires a
majority vote for Board approval. - ERP
RECOMMENDATION: To approve a Stipulated Final Judgment in the amount of $80,000 as full
compensation for the taking of Parcel 429RDUE, as well as $11,789 in statutory attorney and expert fees
and costs, required for the expansion of Golden Gate Blvd., Project No. 60145 (from east of Everglades
Blvd. to the Faka Union Canal), in the pending case styled Collier County v. Angel Crespo, et al., Case
No. 17-CA-1386.
PREPARED BY: Emily R. Pepin, Assistant County Attorney
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02/27/2018
ATTACHMENT(S)
1. Proposed Stipulated Final Judgment parcel 429RDUE (PDF)
2. Aerial Photograph Showing Parcel 429RDUE (PDF)
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02/27/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.8
Doc ID: 4915
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$80,000 as full compensation for the taking of Parcel 429RDUE, as well as $11,789 in statutory attorney
and expert fees and costs, required for the expansion of Golden Gate Blvd., Project No. 60145 (from east
of Everglades Blvd. to the Faka Union Canal), in the pending case styled Collier County v. Angel Crespo,
et al., Case No. 17-CA-1386. (Fiscal Impact: $38,759)
Meeting Date: 02/27/2018
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
02/20/2018 5:05 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
02/20/2018 5:05 PM
Approved By:
Review:
Growth Management Department Gene Shue Additional Reviewer Completed 02/20/2018 5:55 PM
Growth Management Operations Support Allison Kearns Additional Reviewer Completed 02/20/2018 8:18 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 02/21/2018 7:07 AM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 02/21/2018 9:13 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 02/21/2018 9:17 AM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 02/21/2018 9:24 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 02/21/2018 9:25 AM
Growth Management Department James French Deputy Department Head Review Completed 02/21/2018 9:39 AM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 02/21/2018 10:07 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/21/2018 10:27 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/21/2018 10:52 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 02/21/2018 11:01 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/21/2018 11:23 AM
Board of County Commissioners MaryJo Brock Meeting Pending 02/27/2018 9:00 AM
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16.K.8.aPacket Pg. 1626Attachment: Proposed Stipulated Final Judgment parcel 429RDUE (4915 : Stipulated Final Judgment $80,000 Parcel 429RDUE Project No. 60145
16.K.8.aPacket Pg. 1627Attachment: Proposed Stipulated Final Judgment parcel 429RDUE (4915 : Stipulated Final Judgment $80,000 Parcel 429RDUE Project No. 60145
16.K.8.aPacket Pg. 1628Attachment: Proposed Stipulated Final Judgment parcel 429RDUE (4915 : Stipulated Final Judgment $80,000 Parcel 429RDUE Project No. 60145
16.K.8.aPacket Pg. 1629Attachment: Proposed Stipulated Final Judgment parcel 429RDUE (4915 : Stipulated Final Judgment $80,000 Parcel 429RDUE Project No. 60145
16.K.8.aPacket Pg. 1630Attachment: Proposed Stipulated Final Judgment parcel 429RDUE (4915 : Stipulated Final Judgment $80,000 Parcel 429RDUE Project No. 60145
AERIAL PHOTO SHOWING PARCEL 429 (CRESPO)
EXISTING ROW
PROPOSED ROW
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Packet Pg. 1631 Attachment: Aerial Photograph Showing Parcel 429RDUE (4915 : Stipulated Final Judgment $80,000 Parcel 429RDUE Project No. 60145 Case