Agenda 09/24/2019 Item #16K 1 (Stipulated Final Judgment for the GG Blvd Expansion Project #60145)09/24/2019
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment to settle final compensation for the
taking of Parcel 438RDUE, in the amount of $18,834.50, including statutory attorney fees and costs,
and expert fees and costs, in the lawsuit styled Collier County v. Kinh Thi Pham, et al, Case No. 17-
CA-1473, required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact:
$15,434.50)
OBJECTIVE: To settle final compensation owed for the taking of Parcel 438RDUE required for th e
expansion of roadway and related drainage and utility improvements to Golden Gate Boulevard
Expansion Project No. 60145 (east of Everglades Blvd. to Faka Union Canal), hereinafter referred to as
the “Project.”
CONSIDERATIONS: On December 19, 2017, the County condemned Parcel 438RDUE and
subsequently deposited the amount of $3,400 into the Court Registry as a good faith estimate of value
pursuant to the Order of Taking in the lawsuit styled Collier County v. Kinh Thi Pham, et al, Case No. 17-
CA-1473. Parcel 438RDUE is on vacant property consisting of 2.34 acres, owned by Donald Excell, and
is a non-exclusive, road right-of-way, drainage and utility easement, containing 6,450 square feet. An
aerial photograph 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 438RDUE, in the amount of
$18,834.50, including statutory attorney fees and costs, and expert fees and costs. The initial offer by
Respondent was $26,700, exclusive of fees and costs and the County Attorney’s Office (“CAO”) and
Transportation staff were 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 $15,434.50
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 as a better result is
not anticipated at trial. Upon approval, the CAO will file the attached Joint Motion for Stipulated Final
Judgment with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $15,434.50 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 438RDUE, in the amount of $18,834.50, including statutory attorney fees and costs, and
expert fees and costs, in the lawsuit styled Collier County v. Kinh Thi Pham, et al, Case No. 17-CA-1473,
required for the Golden Gate Boulevard Expansion Project No. 60145.
Prepared by: Colleen M. Greene, Assistant County Attorney
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09/24/2019
ATTACHMENT(S)
1. Joint Motion for Stipulated Final Judgment Parcel 438RDUE (PDF)
2. Aerial Photograph of Parcel 438RDUE (PDF)
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09/24/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doc ID: 10080
Item Summary: Recommendation to approve a Stipulated Final Judgment to settle final
compensation for the taking of Parcel 438RDUE, in the amount of $18,834.50, including statutory
attorney fees and costs, and expert fees and costs, in the lawsuit styled Collier County v. Kinh Thi Pham,
et al, Case No. 17-CA-1473, required for the Golden Gate Boulevard Expansion Project No. 60145.
(Fiscal Impact: $15,434.50)
Meeting Date: 09/24/2019
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
09/05/2019 3:15 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/05/2019 3:15 PM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 09/05/2019 3:23 PM
Growth Management Department Christine Arnold Level 1 Reviewer Completed 09/05/2019 3:25 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 09/05/2019 3:33 PM
Growth Management Department Gene Shue Additional Reviewer Completed 09/05/2019 6:44 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 09/09/2019 8:36 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 09/09/2019 8:41 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 09/09/2019 8:48 AM
Growth Management Department Debbie Allen Deputy Department Head Review Skipped 09/09/2019 8:57 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 09/09/2019 3:43 PM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 09/10/2019 4:10 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/10/2019 5:55 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/12/2019 10:52 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/16/2019 2:50 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/24/2019 9:00 AM
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Packet Pg. 2634 Attachment: Joint Motion for Stipulated Final Judgment Parcel 438RDUE (10080 : Stipulated Final Judgment - Project No. 60145 - 17-CA-1473 -
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Packet Pg. 2635 Attachment: Joint Motion for Stipulated Final Judgment Parcel 438RDUE (10080 : Stipulated Final Judgment - Project No. 60145 - 17-CA-1473 -
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Packet Pg. 2636 Attachment: Joint Motion for Stipulated Final Judgment Parcel 438RDUE (10080 : Stipulated Final Judgment - Project No. 60145 - 17-CA-1473 -
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Packet Pg. 2637 Attachment: Joint Motion for Stipulated Final Judgment Parcel 438RDUE (10080 : Stipulated Final Judgment - Project No. 60145 - 17-CA-1473 -
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Packet Pg. 2638 Attachment: Joint Motion for Stipulated Final Judgment Parcel 438RDUE (10080 : Stipulated Final Judgment - Project No. 60145 - 17-CA-1473 -
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Packet Pg. 2639 Attachment: Joint Motion for Stipulated Final Judgment Parcel 438RDUE (10080 : Stipulated Final Judgment - Project No. 60145 - 17-CA-1473 -
AERIAL – PARCEL 438RDUE
GOLDEN GATE BLVD. PROJECT NO. 60145
PARCEL 438RDUE
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Packet Pg. 2640 Attachment: Aerial Photograph of Parcel 438RDUE (10080 : Stipulated Final Judgment - Project No. 60145 - 17-CA-1473 - $18,834.50)