Agenda 12/11/2018 Item #16K 812/11/2018
EXECUTIVE SUMMARY
Recommendation to authorize the payment of full compensation in the amount of $14,500 for the
taking of Parcel 224RDUE, as determined by the jury in the eminent domain case entitled Collier
County v. Arabel Subiaut, et al, Case No. 14-CA-2762, required for the widening of Golden Gate
Boulevard, Project Number 60040. (Fiscal Impact: $6,570)
OBJECTIVE: To pay full compensation for the taking of Parcel 224RDUE.
CONSIDERATIONS: On June 10, 2014, this Board authorized the taking of Parcel 224RDUE for the
widening of Golden Gate Boulevard (Project Number 60040). On July 9, 2015, the Court entered an
Order of Taking authorizing the acquisition of Parcel 224RDUE and the County subsequently deposited
$8,100 into the Court Registry as a good value estimate of value.
The original appraisal was produced by Tom Tippett, a local real estate appraiser. More than three years
passed before Parcel 224RDUE was set for trial and since that time Mr. Tippett has retired and moved
away from the area. As a result, the County hired real estate appraiser, R. Alan Wilcox, to complete the
trial appraisal. As it is common for real estate appraisers to have differing opinions of value, Mr. Wilcox
determined that the property taken was worth $14,500, largely due to a difference in opinion as to the cost
of the improvements located within the property taken.
On December 4, 2018, this case went to trial where the jury reached a verdict in favor of the County’s
appraisal in the amount of $14,500.
The County Attorney’s Office is requesting authorization to pay the $6,400 in additional funds over the
amount on deposit as a result of this verdict. The County will be obligated to also pay a $170 Clerk’s
deposit fee.
FISCAL IMPACT: Funds in the amount of $6,570 are available in the Golden Gate Blvd.
Transportation Capital Improvement Project No. 60040. The primary funding source for the acquisition
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: There is no growth management impact associated with this
item.
LEGAL CONSIDERATIONS: The jury verdict is legally binding and cannot be challenged unless
formally appealed through the Court. In this case, an appeal is not appropriate since the verdict was in
favor of the County. As a result, approval of this item is merely perfunctory in order to allow for the
process of payment as set forth in the Jury Verdict. This item is approved as to form and legali ty and
requires a majority vote for Board approval. - ERP
RECOMMENDATION: To authorize the payment of full compensation in the amount of $14,500 for
the taking of Parcel 224RDUE, as determined by the jury in the eminent domain case entitled Collier
County v. Arabel Subiaut, et al, Case No. 14-CA-2762, required for the widening of Golden Gate
Boulevard, Project Number 60040.
Prepared By: Emily R. Pepin, Assistant County Attorney
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ATTACHMENT(S)
1. Special Jury Verdict (PDF)
2. Aerial Photograph of Parcel 224RDUE (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.8
Doc ID: 7502
Item Summary: Recommendation to authorize the payment of full compensation in the amount of
$14,500 for the taking of Parcel 224RDUE, as determined by the jury in the e minent domain case entitled
Collier County v. Arabel Subiaut, et al, Case No. 14-CA-2762, required for the widening of Golden Gate
Boulevard, Project Number 60040. (Fiscal Impact: $6,570)
Meeting Date: 12/11/2018
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
12/04/2018 4:16 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
12/04/2018 4:16 PM
Approved By:
Review:
Growth Management Department Gene Shue Additional Reviewer Completed 12/04/2018 5:37 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 12/05/2018 7:09 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 12/05/2018 7:34 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 12/05/2018 7:43 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 12/05/2018 10:29 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 12/05/2018 10:36 AM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 12/05/2018 10:52 AM
Growth Management Department MaryJo Brock Department Head Review Skipped 12/05/2018 2:17 PM
County Attorney's Office MaryJo Brock CAO Preview Skipped 12/05/2018 2:16 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/05/2018 2:26 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 12/05/2018 2:32 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/05/2018 3:01 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 12/05/2018 4:14 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/11/2018 9:00 AM
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Packet Pg. 3166 Attachment: Special Jury Verdict (7502 : Jury verdict - $14,500 - parcel 224RDUE - Case No. 14-CA-2762 - project 60040)
AERIAL – PARCEL 224RDUE
GOLDEN GATE BLVD. PROJECT NO. 60040
PARCEL 224RDUE
PARENT TRACT
/
EXISTING RIGHT-OF-WAY PER PLAT
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Packet Pg. 3167 Attachment: Aerial Photograph of Parcel 224RDUE (7502 : Jury verdict - $14,500 - parcel 224RDUE - Case No. 14-CA-2762 - project 60040)