Agenda 09/10/2019 Item #16K4 (Stipulated Final Judgement - Quan Wang)09/10/2019
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment to settle final compensation for the
taking of Parcel 299RDUE, in the amount of $25,310, including statutory attorney fees and costs,
and expert fees and costs, in the lawsuit styled Collier County v. Quan Wang, et al, Case No. 16-CA-
1399, required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact:
$17,710)
OBJECTIVE: To settle final compensation owed for the taking of Parcel 299RDUE required for the
expansion of roadway and related drainage and utility improvements to Golden Gate Boulevard
Expansion Project No. 60145 (east of 20th St. E. to Everglades Blvd.), hereinafter referred to as the
“Project.”
CONSIDERATIONS: On November 14, 2016, the County condemned Parcel 299RDUE and
subsequently deposited $7,600 into the Court Registry as a good faith estimate of value pursuant to a
Stipulated Order of Taking in the lawsuit styled Collier County v. Quan Wang, et al, Case No. 16-CA-
1399. Parcel 299RDUE is on vacant property consisting of 3.7 acres, owned by Respondents Quan and
Jeff Wang, and Lydia Lam, required for the construction of the Project, and is a non-exclusive, road right-
of-way, drainage and utility easement, containing 15,484 square feet. An aerial phot ograph of the
property is attached.
As a result of settlement negotiations between counsel, and contingent upon approval by the Board, the
parties have agreed to settle final compensation for the taking of Parcel 299RDUE, in the amount of
$25,310, inclu ding statutory attorney fees and costs, and expert fees and costs. The initial offer by
Respondents was over $30,000, and the County Attorney’s Office (“CAO”) was able to negotiate final
compensation for the parcel without the added expense of mediation. The terms of the Stipulated Final
Judgment require the County pay Respondent $17,710 for the easement interest taken, which amount
includes a credit for the County’s good faith estimate of value deposit into the Court Registry, all
statutory attorney fees and costs, and all expert fees and costs.
The CAO and staff recommend approval of the proposed Stipulated Final Judgment since a better result is
not anticipated at trial. Upon approval, the CAO will file the attached Joint Motion for Stipulated F inal
Judgment with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $17,710 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. - CMG
RECOMMENDATION: To approve a Stipulated Final Judgment to settle final compensation for the
taking of Parcel 299RDUE, in the amount of $25,310, including statutory attorney fees and costs, and
expert fees and costs, in the lawsuit styled Collier County v. Quan Wang, et al, Case No. 16-CA-1399,
required for the Golden Gate Boulevard Expansion Project No. 60145.
Prepared by: Colleen M. Greene, Assistant County Attorney
16.K.4
Packet Pg. 2623
09/10/2019
ATTACHMENT(S)
1. Joint Motion for Stipulated Final Judgment as to Parcel 299RDUE (PDF)
2. Aerial Photograph of Parcel 299RDUE r2 (PDF)
16.K.4
Packet Pg. 2624
09/10/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doc ID: 9767
Item Summary: Recommendation to approve a Stipulated Final Judgment to settle final
compensation for the taking of Parcel 299RDUE, in the amount of $25,310, including statutory attorney
fees and costs, and expert fees and costs, in the lawsuit styled Collier County v. Quan Wang, et al, Case
No. 16-CA-1399, requir ed for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact:
$17,710)
Meeting Date: 09/10/2019
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
08/09/2019 9:05 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
08/09/2019 9:05 AM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 08/09/2019 10:34 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 08/09/2019 1:46 PM
Growth Management Department Christine Arnold Level 1 Reviewer Completed 08/12/2019 8:48 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 08/13/2019 7:38 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 08/13/2019 3:11 PM
Growth Management Department Gene Shue Additional Reviewer Completed 08/13/2019 4:02 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 08/21/2019 5:08 PM
County Attorney's Off ice Colleen Greene Level 2 Attorney Review Completed 08/26/2019 10:20 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/26/2019 11:19 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/27/2019 8:36 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/03/2019 1:28 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/03/2019 2:50 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/10/2019 9:00 AM
16.K.4
Packet Pg. 2625
16.K.4.a
Packet Pg. 2626 Attachment: Joint Motion for Stipulated Final Judgment as to Parcel 299RDUE (9767 : Approval of Stipulated Final Judgment P. 299RDUE in CC
16.K.4.a
Packet Pg. 2627 Attachment: Joint Motion for Stipulated Final Judgment as to Parcel 299RDUE (9767 : Approval of Stipulated Final Judgment P. 299RDUE in CC
16.K.4.a
Packet Pg. 2628 Attachment: Joint Motion for Stipulated Final Judgment as to Parcel 299RDUE (9767 : Approval of Stipulated Final Judgment P. 299RDUE in CC
16.K.4.a
Packet Pg. 2629 Attachment: Joint Motion for Stipulated Final Judgment as to Parcel 299RDUE (9767 : Approval of Stipulated Final Judgment P. 299RDUE in CC
16.K.4.a
Packet Pg. 2630 Attachment: Joint Motion for Stipulated Final Judgment as to Parcel 299RDUE (9767 : Approval of Stipulated Final Judgment P. 299RDUE in CC
16.K.4.a
Packet Pg. 2631 Attachment: Joint Motion for Stipulated Final Judgment as to Parcel 299RDUE (9767 : Approval of Stipulated Final Judgment P. 299RDUE in CC
Location Map
Parcel 299RDUE
Golden Gate Blvd East
EXISTING RIGHT-OF-WAY PER PLAT
PARCEL 299RDUE
299RDUE
/
16.K.4.b
Packet Pg. 2632 Attachment: Aerial Photograph of Parcel 299RDUE r2 (9767 : Approval of Stipulated Final Judgment P. 299RDUE in CC v. Wang, et al, 16-CA-