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Agenda 04/24/2018 Item #16K 204/24/2018 EXECUTIVE SUMMARY Recommendation to approve a Joint Motion and Stipulated Final Judgment in the amount of $19,000 for Parcel 453RDUE, in the lawsuit captioned Collier County v. Alex D. Randolph, et al, Case No. 17-CA-1472, required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact: $13,370) OBJECTIVE: To approve a settlement of full compensation owed for the taking of Parcel 453RDUE required for the expansion of Golden Gate Boulevard from east of Everglades Boulevard to east of the Faka Union Canal (Segment 3 - Project No. 60145), hereinafter referred to as the “Project”. CONSIDERATIONS: On November 14, 2017, Collier County condemned Parcel 453RDUE and deposited $5,800 into the Court registry as a good faith estimate of value p ursuant to an Order of Taking in the lawsuit styled Collier County v. Alex D. Randolph, et al, Case No. 17-CA-1472. Parcel 453RDUE is a 3,600-sq. foot perpetual, non-exclusive road right-of-way drainage and utility easement required for the construction of the Project. An Aerial of Parcel 453RDUE is attached. Their initial claim was $20,800. Through negotiations, the parties agreed to total compensation in the amount of $19,000, broken down as follows: $14,000.00 to the homeowners, and $5,000 in attorney’s fees, expert fees, and costs. If approved, the County will be required to pay an additional $13,370, which includes the $170 fee to deposit into the Clerk’s Registry. Respondent has also agreed to donate the Temporary Driveway Restoration Easement (453TDRE) needed for this Project. 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 $13,370 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: To approve the attached Joint Motion and Stipulated Final Judgment, and authorize 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 453RDUE (PDF) 2. Aerial - Parcels 453RDUETDRE (PDF) 16.K.2 Packet Pg. 1222 04/24/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.2 Doc ID: 5326 Item Summary: Recommendation to approve a Joint Motion and Stipulated Final Judgment in the amount of $19,000 for Parcel 453RDUE, in the lawsuit captioned Collier County v. Alex D. Randolph, et al, Case No. 17-CA-1472, required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact: $13,370) Meeting Date: 04/24/2018 Prepared by: Title: Legal Office Administrator – County Attorney's Office Name: Debbie Allen 04/06/2018 2:14 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 04/06/2018 2:14 PM Approved By: Review: Growth Management Department Lisa Taylor Additional Reviewer Completed 04/06/2018 2:27 PM Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 04/06/2018 3:11 PM Transportation Engineering Anthony Khawaja Additional Reviewer Completed 04/09/2018 7:48 AM Growth Management Department Gene Shue Additional Reviewer Completed 04/09/2018 8:58 AM Transportation Engineering Kevin Hendricks Additional Reviewer Completed 04/09/2018 10:08 AM Growth Management Department Debbie Allen Deputy Department Head Review Skipped 04/06/2018 2:13 PM Growth Management Department Jeanne Marcella Department Head Review Completed 04/09/2018 11:19 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 04/09/2018 2:04 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/09/2018 2:36 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/11/2018 11:50 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 04/14/2018 10:12 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/16/2018 7:46 AM Board of County Commissioners MaryJo Brock Meeting Pending 04/24/2018 9:00 AM 16.K.2 Packet Pg. 1223 16.K.2.a Packet Pg. 1224 Attachment: Joint Motion and Stipulated Final Judgment; - Parcel 453RDUE (5326 : Joint Motion and Stipulated Final Judgment - $19,000.00 - 16.K.2.a Packet Pg. 1225 Attachment: Joint Motion and Stipulated Final Judgment; - Parcel 453RDUE (5326 : Joint Motion and Stipulated Final Judgment - $19,000.00 - 16.K.2.a Packet Pg. 1226 Attachment: Joint Motion and Stipulated Final Judgment; - Parcel 453RDUE (5326 : Joint Motion and Stipulated Final Judgment - $19,000.00 - 16.K.2.a Packet Pg. 1227 Attachment: Joint Motion and Stipulated Final Judgment; - Parcel 453RDUE (5326 : Joint Motion and Stipulated Final Judgment - $19,000.00 - 16.K.2.a Packet Pg. 1228 Attachment: Joint Motion and Stipulated Final Judgment; - Parcel 453RDUE (5326 : Joint Motion and Stipulated Final Judgment - $19,000.00 - 16.K.2.a Packet Pg. 1229 Attachment: Joint Motion and Stipulated Final Judgment; - Parcel 453RDUE (5326 : Joint Motion and Stipulated Final Judgment - $19,000.00 - AERIAL – PARCELS 453RDUE & 453TDRE GOLDEN GATE BLVD. PROJECT NO. 60145 EXISTING RIGHT-OF-WAY PER PLAT / PARCEL 453RDUE PARCEL 453TDRE 16.K.2.b Packet Pg. 1230 Attachment: Aerial - Parcels 453RDUETDRE (5326 : Joint Motion and Stipulated Final Judgment - $19,000.00 - Parcel 453RDUE-17-CA-1472 -