Agenda 02/14/2017 Item #16K102/14/2017
EXECUTIVE SUMMARY
Recommendation to reject Offer of Judgment in the amount of $25,000 excluding all attorneys fees,
expert witness fees and costs as full compensation for the taking of Parcel 401RDUE needed for the
widening of Golden Gate Boulevard from 20th Street East to East of Everglades Boulevard, Project
No. 60145. (Fiscal Impact: $0)
OBJECTIVE: To reject Offer of Judgment providing for full compensation owed for the taking of
Parcel 401RDUE which was acquired as part of the widening 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 18, 2016, the County condemned Parcel 401RDUE in the case
styled Collier County v. Jarrett Cox, et al., Case No. 16-CA-1313, and subsequently deposited $1,500
into the Court Registry as a good faith estimate of value based on a valid appraisal. Parcel 401RDUE is a
1,125 square foot right-of-way, drainage, and utility easement along Golden Gate Boulevard over and
across property owned by Paul Vacco and Jessica Miller a/ka/ Jessica Vacco, hereinafter the “property
owner.” Included in the good faith estimate was compensation for the property rights taken and severance
damages due to the reduction of the setback of the single-family home from approximately 135 feet
before the taking to approximately 120 feet after the taking from the right -of-way of Golden Gate
Boulevard East.
On January 12, 2017, the County received an Offer of Judgment for total comp ensation in the amount of
$25,000. The County Attorney’s Office and staff are recommending rejection of the Offer of Judgment,
based on the appraised value of the parcel ($1,500).
Upon approval by the Board, the County Attorney’s Office will notify the property owners’ attorney, and
continue to negotiate a good faith settlement for future presentation to the Board.
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: There is no fiscal impact.
LEGAL CONSIDERATIONS: This item has been reviewed as to form and legality and requires a
majority vote for Board approval. - JAB
RECOMMENDATION: That the Board of County Commissioners reject Offer of Judgment in the
amount of $25,000.00 excluding all attorneys fees, expert witness fees and costs as full compensation for
the taking of Parcel 401RDUE needed for the widening of Golden Gate Boulevard from 20th Street East
to East of Everglades Boulevard, Project No. 60145.
Prepared By: Jennifer A. Belpedio, Assistant County Attorney
ATTACHMENT(S)
1. Respondents’ Offer of Judgment and Aerial of Parcel 401RDUE (PDF)
16.K.1
Packet Pg. 1109
02/14/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Item Summary: Recommendation to reject Offer of Judgment in the amount of $25,000 excluding
all attorneys fees, expert witness fees and costs as full compensation for the taking of Parcel 401RDUE
needed for the widening of Golden Gate Boulevard from 20th Street East to East of Everglades
Boulevard, Project No. 60145. (Fiscal Impact: $0)
Meeting Date: 02/14/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
01/30/2017 2:05 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
01/30/2017 2:05 PM
Approved By:
Review:
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 01/30/2017 2:39 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 01/30/2017 2:50 PM
Growth Management Department Gene Shue Additional Reviewer Completed 01/31/2017 9:07 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 01/31/2017 9:52 AM
Growth Management Department Jeanne Marcella Level 1 Division Reviewer Completed 01/31/2017 11:25 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 01/31/2017 11:26 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 01/31/2017 11:39 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/31/2017 5:02 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/31/2017 5:22 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 02/01/2017 3:20 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/02/2017 10:52 AM
Board of County Commissioners MaryJo Brock Meeting Pending 02/14/2017 9:00 AM
16.K.1
Packet Pg. 1110
16.K.1.a
Packet Pg. 1111 Attachment: Respondents’ Offer of Judgment and Aerial of Parcel 401RDUE (2665 : Reject Offer of
16.K.1.a
Packet Pg. 1112 Attachment: Respondents’ Offer of Judgment and Aerial of Parcel 401RDUE (2665 : Reject Offer of
16.K.1.a
Packet Pg. 1113 Attachment: Respondents’ Offer of Judgment and Aerial of Parcel 401RDUE (2665 : Reject Offer of
AERIAL PHOTO OF PARCEL 401RDUE SHOWING EXIST. & PROP. ROW LINES
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16.K.1.a
Packet Pg. 1114 Attachment: Respondents’ Offer of Judgment and Aerial of Parcel 401RDUE (2665 : Reject Offer of Judgment - $25,000 - Parcel 401RDUE -