Agenda 11/13/2018 Item #16K 411/13/2018
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment for final compensation in the amount of
$10,350 for Parcel 250RDUE, plus $2,488 in statutory attorney fees and costs, and $3,125 for expert
fees and costs, in the lawsuit styled Collier County v. Pedro E. Pena, et al, Case No. 15-CA-0350,
required for the Golden Gate Boulevard Widening Project No. 60040. (Fiscal Impact: $14,563)
OBJECTIVE: To settle full compensation owed for the taking of Parcel 250RDUE required for the
construction of roadway and related drainage and utility improvements required for the widening of
Golden Gate Boulevard (Project No. 60040), hereinafter referred to as the “Project.”
CONSIDERATIONS: On July 9, 2015, the County condemned Parcel 250RDUE and deposited $1,400
into the Court registry as a good faith estimate of value pursuant to an Order of Taking in the lawsuit
styled Collier County v. Pedro E. Pena, et al, Case No. 15-CA-0350. The parcel was required for the
construction of the Project, and is a 4,515 square foot road right-of-way, drainage and utility easement.
The easement was taken from vacant property owned by Quartz Stone, Inc. An aerial photograph of the
property is attached.
The property owner originally claimed $19,300 for compensation for the easement taken. Through
negotiations, the parties agreed to a settlement of $10,350 as final compensation for the property interest
taken and any damages, and $2,488 for statutory attorney fees, and $3,125 for expert fees. If approved,
the County will be obligated to pay an additional $14,563 over the amount on deposit. 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 attached Joint Motion
for Stipulated Final Judgment with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $14,563 will be paid from impact fees from the Golden Gate
Boulevard Expansion Project No. 60040. 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 Stipulated Final Judgment in the amount of $14,563 for Parcel
250RDUE, including all attorney and expert fees, in the lawsuit styled Collier County v. Pedro E. Pena,
et al, Case No. 15-CA-0350, required for the Golden Gate Boulevard Widening Project No. 60040.
Prepared by: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Joint Motion for Stipulated Final Judgment (PDF)
2. Aerial Parcel 250RDUE (PDF)
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11/13/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doc ID: 7155
Item Summary: Recommendation to approve a Stipulated Final Judgment for final compensation
in the amount of $10,350 for Parcel 250RDUE, plus $2,488 in statutory attorney fees and costs, and
$3,125 for expert fees and costs, in the lawsuit styled Collier County v. Pedro E. Pena, et al, Case No. 15 -
CA-0350, required for the Golden Gate Boulevard Widening Project No. 60040. (Fiscal Impact: $14,563)
Meeting Date: 11/13/2018
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
10/25/2018 11:16 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
10/25/2018 11:16 AM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 10/25/2018 11:28 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 10/25/2018 11:32 AM
Growth Management Department Diane Lynch Level 1 Reviewer Completed 10/25/2018 12:13 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 10/25/2018 12:42 PM
Growth Management Department Gene Shue Additional Reviewer Completed 10/25/2018 12:45 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 10/25/2018 1:19 PM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 10/25/2018 2:00 PM
Growth Management Department Jeanne Marcella Department Head Review Completed 10/25/2018 2:14 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/25/2018 2:19 PM
County Attorney's Office Emily Pepin CAO Preview Completed 10/25/2018 4:58 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/26/2018 8:10 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 10/26/2018 3:39 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/04/2018 3:58 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/13/2018 9:00 AM
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Packet Pg. 2101 Attachment: Joint Motion for Stipulated Final Judgment (7155 : Stipulated Final Judgment - Parcel 250RDUE - Case No. 15-CA-0350 - Project
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Packet Pg. 2102 Attachment: Joint Motion for Stipulated Final Judgment (7155 : Stipulated Final Judgment - Parcel 250RDUE - Case No. 15-CA-0350 - Project
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Packet Pg. 2103 Attachment: Joint Motion for Stipulated Final Judgment (7155 : Stipulated Final Judgment - Parcel 250RDUE - Case No. 15-CA-0350 - Project
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Packet Pg. 2104 Attachment: Joint Motion for Stipulated Final Judgment (7155 : Stipulated Final Judgment - Parcel 250RDUE - Case No. 15-CA-0350 - Project
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Packet Pg. 2105 Attachment: Joint Motion for Stipulated Final Judgment (7155 : Stipulated Final Judgment - Parcel 250RDUE - Case No. 15-CA-0350 - Project
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Packet Pg. 2106 Attachment: Joint Motion for Stipulated Final Judgment (7155 : Stipulated Final Judgment - Parcel 250RDUE - Case No. 15-CA-0350 - Project
AERIAL – PARCEL 250RDUE
GOLDEN GATE BLVD. PROJECT NO. 60040AA
3
Existing
ROW
/
PARCEL 250RDUE
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Packet Pg. 2107 Attachment: Aerial Parcel 250RDUE (7155 : Stipulated Final Judgment - Parcel 250RDUE - Case No. 15-CA-0350 - Project No. 60040)