Agenda 03/27/2018 Item #16K203/27/2018
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion and Stipulated Final Judgment in the amount of
$10,000.00 for Parcel 437RDUE, in the lawsuit captioned Collier County v. Kinh Thi Pham, et al,
Case No. 17-CA-1473, required for the Golden Gate Boulevard Expansion Project No. 60145.
(Fiscal Impact: $6,500)
OBJECTIVE: That the Board approves a Joint Motion and Stipulated Final Judgment in the amount of
$10,000 concerning Parcel 437RDUE for the construction of roadway and related drainage and util ity
improvements required for the expansion of Golden Gate Boulevard from east of Everglades Boulevard to
east of the Faka Union Canal (Segment 2 - Project No. 60145).
CONSIDERATIONS: On December 19, 2017, Collier County condemned Parcel 437RDUE and
deposited $3,500.00 into the Court registry as a good faith estimate of value pursuant to an Order of
Taking in the lawsuit styled Collier County v. Kinh Thi Pham, et al, Case No. 17-CA-1473. Parcel
437RDUE is required for the construction of the Project and is a perpetual, non-exclusive road right-of-
way drainage and utility easement. An Aerial of Parcel 437RDUE is attached. Through negotiations, the
parties agreed to total compensation in the amount of $10,000. If approved, the County will be required
to pay an additional $6,500 to Respondent.
The County Attorney’s Office and Staff recommend approval of this Stipulated Final Judgment since a
better result is not anticipated at trial. Upon approval, the County Attorney’s Office will file the Joint
Motion and Stipulated Final Judgment with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $6,500 will be paid from impact fees from the Golden Gate
Boulevard Expansion 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: That the Board of County Commissioners approves the attached Joint Motion
and Stipulated Final Judgment, and authorizes the payment of funds as stated herein.
Prepared By: Jennifer A. Belpedio, Assistant County Attorney
ATTACHMENT(S)
1. Joint Motion and Stipulated Final Judgment - parcel 437RDUE (PDF)
2. Aerial of Parcel 437RDUE (PDF)
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03/27/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2
Doc ID: 5100
Item Summary: Recommendation to approve a Joint Motion and Stipulated Final Judgment in the
amount of $10,000 for Parcel 437RDUE, in the lawsuit captioned Collier County v. Kinh Thi Pham, et al,
Case No. 17-CA-1473, required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal
Impact: $6,500)
Meeting Date: 03/27/2018
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
03/12/2018 3:23 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/12/2018 3:23 PM
Approved By:
Review:
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 03/12/2018 3:52 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 03/12/2018 4:26 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 03/13/2018 6:34 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 03/13/2018 7:38 AM
Growth Management Operations Support Allison Kearns Additional Reviewer Completed 03/13/2018 10:12 AM
Growth Management Department Gene Shue Additional Reviewer Completed 03/13/2018 10:50 AM
Growth Management Department Debbie Allen Deputy Department Head Review Skipped 03/13/2018 8:01 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 03/13/2018 11:05 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/13/2018 3:07 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/14/2018 9:08 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/14/2018 2:07 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 03/17/2018 7:37 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/20/2018 9:57 AM
Board of County Commissioners MaryJo Brock Meeting Pending 03/27/2018 9:00 AM
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Packet Pg. 1672 Attachment: Joint Motion and Stipulated Final Judgment - parcel 437RDUE (5100 : Joint Motion and Stipulated Final Judgment - $10,000 -
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Packet Pg. 1673 Attachment: Joint Motion and Stipulated Final Judgment - parcel 437RDUE (5100 : Joint Motion and Stipulated Final Judgment - $10,000 -
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Packet Pg. 1674 Attachment: Joint Motion and Stipulated Final Judgment - parcel 437RDUE (5100 : Joint Motion and Stipulated Final Judgment - $10,000 -
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Packet Pg. 1675 Attachment: Joint Motion and Stipulated Final Judgment - parcel 437RDUE (5100 : Joint Motion and Stipulated Final Judgment - $10,000 -
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Packet Pg. 1676 Attachment: Joint Motion and Stipulated Final Judgment - parcel 437RDUE (5100 : Joint Motion and Stipulated Final Judgment - $10,000 -
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Packet Pg. 1677 Attachment: Joint Motion and Stipulated Final Judgment - parcel 437RDUE (5100 : Joint Motion and Stipulated Final Judgment - $10,000 -
AERIAL – PARCEL 437RDUE
GOLDEN GATE BLVD. PROJECT NO. 60145
EXISTING RIGHT-OF-WAY PER PLAT
PARCEL 437RDUE
/
16.K.2.b
Packet Pg. 1678 Attachment: Aerial of Parcel 437RDUE (5100 : Joint Motion and Stipulated Final Judgment - $10,000 - Parcel 437RDUE - 17-CA-1473 - project