Agenda 04/10/2018 Item #16K 204/10/2018
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion and Stipulated Final Judgment in the amount of
$1,950 for Parcel 435RDUE, 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: $1,250)
OBJECTIVE: That the Board approves a Joint Motion and Stipulated Final Judgment in the amount of
$1,950.00 concerning Parcel 435RDUE for the construction of roadway and related drainage and utility
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 435RDUE and
deposited $700.00 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 435RDUE
contains 1,500-sq. feet, and is a perpetual, non-exclusive road right-of-way drainage and utility easement
required for the construction of the Project. An Aerial of Parcel 435RDUE is attached. Through
negotiations, the parties agreed to total compensation in the amount of $1,950.00. If approved, the
County will be required to pay an additional $1,250.00 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 $1,250.00 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 435RDUE (PDF)
2. Aerial of Parcel 435RDUE (PDF)
16.K.2
Packet Pg. 983
04/10/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2
Doc ID: 5192
Item Summary: Recommendation to approve a Joint Motion and Stipulated Final Judgment in the
amount of $1,950 for Parcel 435RDUE, 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: $1,250)
Meeting Date: 04/10/2018
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
03/22/2018 10:25 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/22/2018 10:25 AM
Approved By:
Review:
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 03/22/2018 11:21 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 03/22/2018 11:24 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 03/22/2018 1:18 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 03/22/2018 2:56 PM
Growth Management Department Gene Shue Additional Reviewer Completed 03/23/2018 1:20 PM
Growth Management Department Jeanne Marcella Department Head Review Completed 03/26/2018 8:33 AM
Growth Management Department James French Deputy Department Head Review Completed 03/26/2018 2:26 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/26/2018 3:53 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/27/2018 8:07 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/27/2018 3:24 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 03/29/2018 7:58 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/30/2018 10:52 AM
Board of County Commissioners MaryJo Brock Meeting Pending 04/10/2018 9:00 AM
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Packet Pg. 985 Attachment: Joint Motion and Stipulated Final Judgment - Parcel 435RDUE (5192 : Joint Motion and Stipulated Final Judgment - $1,950 - Parcel
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Packet Pg. 986 Attachment: Joint Motion and Stipulated Final Judgment - Parcel 435RDUE (5192 : Joint Motion and Stipulated Final Judgment - $1,950 - Parcel
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Packet Pg. 987 Attachment: Joint Motion and Stipulated Final Judgment - Parcel 435RDUE (5192 : Joint Motion and Stipulated Final Judgment - $1,950 - Parcel
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Packet Pg. 988 Attachment: Joint Motion and Stipulated Final Judgment - Parcel 435RDUE (5192 : Joint Motion and Stipulated Final Judgment - $1,950 - Parcel
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Packet Pg. 989 Attachment: Joint Motion and Stipulated Final Judgment - Parcel 435RDUE (5192 : Joint Motion and Stipulated Final Judgment - $1,950 - Parcel
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Packet Pg. 990 Attachment: Joint Motion and Stipulated Final Judgment - Parcel 435RDUE (5192 : Joint Motion and Stipulated Final Judgment - $1,950 - Parcel
AERIAL PHOTO SHOWING PARCEL 435RDUE
EXISTING RIGHT-OF-WAY
PARCEL 435RDUE
16.K.2.b
Packet Pg. 991 Attachment: Aerial of Parcel 435RDUE (5192 : Joint Motion and Stipulated Final Judgment - $1,950 - Parcel 435RDUE-Project No. 60145 - 17-CA-