Agenda 07/10/2018 Item #16K507/10/2018
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion and Stipulated Final Judgment in the amount of
$39,000 for Parcel 449RDUE, plus $8,028.90 for statutory attorney’s fees and $6,850 for expert fees
and costs, in the lawsuit captioned Collier County v. David Martinez, et al, Case No. 17-CA-1454,
required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact: $38,568.90)
OBJECTIVE: To settle full compensation owed for the taking of Parcel 449RDUE required for the
construction of roadway and related drainage and utility improvements required for the expansion of
Golden Gate Boulevard from 20th Street East to East of Everglades Boulevard (Project No. 60145),
hereinafter referred to as the “Project.”
CONSIDERATIONS: On November 13, 2017, Collier County condemned Parcel 449RDUE and
deposited $15,480.00 into the Court registry as a good faith estimate of value pursuant to an Order of
Taking in the lawsuit styled Collier County v. David Martinez, et al, Case No. 17-CA-1454. The parcel
was required for the construction of the Project, and is a 6,942-square foot perpetual, non-exclusive road
right-of-way drainage and utility easement. The easement was taken from the northerly portion of
improved property owned by Edi Carrillo Somoza. The property owner’s counsel originally claimed
$80,000 for full compensation, based on a reduction of setback and landscape replacement from the take.
The County Attorney’s Office filed an Offer of Judgment in the amount of $35,001, plus statutory
attorney’s fees and costs, but that offer was deemed rejected. Through negotiations, the parties agreed to
a settlement of $39,000.00 for the property interest and damages; plus $8,028.90 for statutory attorney’s
fees, and $6,850.00 for expert fees and costs. If approved, the County will be required to pay an
additional $38,398.90, plus $170.00 for the Clerk’s fee to deposit the funds.
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 $38,568.90 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. - ERP
RECOMMENDATION: To approve a Joint Motion and Stipulated Final Judgment in the amount of
$39,000.00 for Parcel 449RDUE, plus $8,028.90 for statutory attorney’s fees and $6,850.00 for expert
fees and costs, in the lawsuit captioned Collier County v. David Martinez, et al, Case No. 17-CA-1454,
required for the Golden Gate Boulevard Expansion Project No. 60145.
Prepared By: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Joint Motion and Stipulated Final Judgment (PDF)
2. Aerial of Parcel 449RDUE (PDF)
16.K.5
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07/10/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doc ID: 6158
Item Summary: Recommendation to approve a Joint Motion and Stipulated Final Judgment in the
amount of $39,000 for Parcel 449RDUE, plus $8,028.90 for statutory attorney’s fees and $6,850 for
expert fees and costs, in the lawsuit captioned Collier County v. David Martinez, et al, Case No. 17-CA-
1454, required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact: $38,568.90)
Meeting Date: 07/10/2018
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
07/03/2018 8:27 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
07/03/2018 8:27 AM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 07/03/2018 8:31 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 07/03/2018 8:34 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 07/03/2018 8:36 AM
Capital Project Planning, Impact Fees, and Program Management Tara Castillo Additional Reviewer Completed 07/03/2018 8:53 AM
Growth Management Operations Support Debbie Allen Additional Reviewer Skipped 07/03/2018 9:40 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 07/03/2018 9:40 AM
County Attorney's Office Emily Pepin Additional Reviewer Completed 07/03/2018 9:45 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 07/03/2018 9:49 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/03/2018 9:52 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 07/03/2018 10:37 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 07/03/2018 11:04 AM
Board of County Commissioners MaryJo Brock Meeting Pending 07/10/2018 9:00 AM
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16.K.5.a
Packet Pg. 2808 Attachment: Joint Motion and Stipulated Final Judgment (6158 : Stipulated Final Judgment - $39,000 - Parcel 449RDUE - Project 60145 - 17-CA-
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Packet Pg. 2809 Attachment: Joint Motion and Stipulated Final Judgment (6158 : Stipulated Final Judgment - $39,000 - Parcel 449RDUE - Project 60145 - 17-CA-
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Packet Pg. 2810 Attachment: Joint Motion and Stipulated Final Judgment (6158 : Stipulated Final Judgment - $39,000 - Parcel 449RDUE - Project 60145 - 17-CA-
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Packet Pg. 2811 Attachment: Joint Motion and Stipulated Final Judgment (6158 : Stipulated Final Judgment - $39,000 - Parcel 449RDUE - Project 60145 - 17-CA-
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Packet Pg. 2812 Attachment: Joint Motion and Stipulated Final Judgment (6158 : Stipulated Final Judgment - $39,000 - Parcel 449RDUE - Project 60145 - 17-CA-
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Packet Pg. 2813 Attachment: Joint Motion and Stipulated Final Judgment (6158 : Stipulated Final Judgment - $39,000 - Parcel 449RDUE - Project 60145 - 17-CA-
AERIAL – PARCEL 449RDUE
GOLDEN GATE BLVD. PROJECT NO. 60145
EXISTING RIGHT-OF-WAY PER PLAT
PARCEL 449RDUE
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16.K.5.b
Packet Pg. 2814 Attachment: Aerial of Parcel 449RDUE (6158 : Stipulated Final Judgment - $39,000 - Parcel 449RDUE - Project 60145 - 17-CA-1454)