Agenda 04/24/2018 Item #16K 304/24/2018
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement for the total amount of $132,750
for the taking of Parcel 426RDUE in the pending case styled Collier County v. Leondese Bichotte et
al, Case No. 17-CA-1443, required for the Golden Gate Boulevard Project, Project No. 60145 (From
Everglades Blvd to east of the Faka Union Canal). (Fiscal Impact: $47,250)
OBJECTIVE: To settle full compensation owed for the taking of Parcel 426RDUE required for
improvements to Golden Gate Boulevard, Project No. 60145.
CONSIDERATIONS: On March 28, 2017, the Board authorized, via Resolution No. 2017-63, the
condemnation of Parcel 426RDUE to construct roadway, drainage and utility improvements required for
the widening of Golden Gate Boulevard in the section of road from Everglades Blvd to east of the Faka
Union Canal. On November 14, 2017, the Court entered an Order of Taking for the required property,
and the County subsequently deposited a good faith estimate of value of $85,500 into the Court Registry.
The roadway, drainage and utility easement, approximately 3,225 square feet in size, was taken from the
northerly portion of property owned by Jayne D. Keffer. The parent tract contains a single -family
residence, and site improvements including an asphalt circular drive, a wood carport, two 5-foot high
chain link fencing on wood post, wire mesh field fencing on wood posts, site clearing/fill and grade, a
well and water treatment system, a septic tank/drain field, sod and landscaping. An aerial photograph of
the subject property is attached to this item for reference. This taking will reduce the home’s front yard
setback from 100 feet to 57 feet from the Golden Gate Boulevard right-of-way.
At Mediation, the property owner, through counsel, presented her claim of compensation in the amount of
$140,000 (Land and improvements taken - $17,600; Severance Damages - $92,400; Costs to Cure -
$30,000), not including expert fees, attorney fees, and costs. At mediation, the parties agreed to a global
monetary settlement of $132,750 for the property taken, all damages, any improvements, the cost-to-cure,
and all attorney’s and expert’s fees and costs. The County also agreed to construct a replacement
driveway for Parcel 426RDUE consisting of a 32-foot wide driveway at the throat, with 10-foot flares on
both sides, in order to accommodate a tractor trailer. The County Attorney’s Office and Transportation
staff recommend the Board approve the Mediated Settlement Agreement since a better result is not
anticipated at trial. If this item is approved, the County will be obligated to pay an additional $47,250
over the amount already deposited into the Court Registry.
Upon approval, the County Attorney’s Office will file a Joint Motion with the Circuit Court incorporating
the same terms as the attached Mediated Settlement Agreement.
FISCAL IMPACT: Funds in the amount of $47,250 are available in the Golden Gate Blvd.
Transportation Capital Improvement Project No. 60145. The primary funding source for the ac quisition
of right-of-way is impact fees. Should impact fees not be sufficient within the 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. - SAS
RECOMMENDATION: To approve a Mediated Settlement Agreement for the total amount of
$132,750 for the taking of Parcel 426RDUE in the pending case styled Collier County v. Leondese
Bichotte et al, Case No. 17-CA-1443, required for the Golden Gate Boulevard Project No. 60145 (From
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04/24/2018
Everglades Blvd to east of the Faka Union Canal)
PREPARED BY: Scott A. Stone, Assistant County Attorney
ATTACHMENT(S)
1. Mediated Settlement Agreement - Parcel 426RDUE (PDF)
2. Aerial Photograph of Parcel 426RDUE (PDF)
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04/24/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 5333
Item Summary: Recommendation to approve a Mediated Settlement Agreement for the total
amount of $132,750 for the taking of Parcel 426RDUE in the pending case styled Collier County v.
Leondese Bichotte et al, Case No. 17-CA-1443, required for the Golden Gate Boulevard Project, Project
No. 60145 (From Everglades Blvd to east of the Faka Union Canal). (Fiscal Impact: $47,250)
Meeting Date: 04/24/2018
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
04/09/2018 2:37 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
04/09/2018 2:37 PM
Approved By:
Review:
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 04/09/2018 3:32 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 04/09/2018 3:53 PM
Growth Management Department Gene Shue Additional Reviewer Completed 04/09/2018 4:04 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 04/10/2018 7:26 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 04/10/2018 7:26 AM
Transportation Engineering Anthony Khawaja Additional Reviewer Completed 04/10/2018 12:51 PM
Growth Management Department Debbie Allen Deputy Department Head Review Skipped 04/09/2018 2:36 PM
Growth Management Department Jeanne Marcella Department Head Review Completed 04/10/2018 7:51 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 04/10/2018 11:30 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/10/2018 2:45 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/11/2018 11:46 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 04/14/2018 11:39 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/16/2018 7:49 AM
Board of County Commissioners MaryJo Brock Meeting Pending 04/24/2018 9:00 AM
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Packet Pg. 1234 Attachment: Mediated Settlement Agreement - Parcel 426RDUE (5333 : Mediated Settlement Agreement - $132,750 - Parcel 426RDUE - 17-CA-
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Packet Pg. 1235 Attachment: Mediated Settlement Agreement - Parcel 426RDUE (5333 : Mediated Settlement Agreement - $132,750 - Parcel 426RDUE - 17-CA-
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Packet Pg. 1236 Attachment: Mediated Settlement Agreement - Parcel 426RDUE (5333 : Mediated Settlement Agreement - $132,750 - Parcel 426RDUE - 17-CA-
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Packet Pg. 1237 Attachment: Mediated Settlement Agreement - Parcel 426RDUE (5333 : Mediated Settlement Agreement - $132,750 - Parcel 426RDUE - 17-CA-
AERIAL – PARCEL 426RDUE
(GOLDEN GATE BLVD. PROJECT NO. 60145)
EXISTING RIGHT-OF-WAY PER PLAT
/
PARCEL 426RDUE
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Packet Pg. 1238 Attachment: Aerial Photograph of Parcel 426RDUE (5333 : Mediated Settlement Agreement - $132,750 - Parcel 426RDUE - 17-CA-1443 -Project