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Agenda 02/14/2017 Item #16K202/14/2017 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 399RDUE 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 399RDUE 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 399RDUE in the case styled Collier County v. Jarrett Cox, et al., Case No. 16-CA-1313, and subsequently deposited $2,700 into the Court Registry as a good faith estimate of value based on a valid appraisal. Parcel 399RDUE is a 2,700 square foot right-of-way, drainage, and utility easement along Golden Gate Boulevard over and across property owned by Jarrett Cox and Sarah Lee Cox, 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 200 feet before the taking to approximately 185 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 compensation 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 ($2,700). 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 399RDUE 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 399RDUE (PDF) 16.K.2 Packet Pg. 1115 02/14/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.2 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 399RDUE 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 2:17 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 01/30/2017 2:17 PM Approved By: Review: Transportation Engineering Kevin Hendricks Additional Reviewer Completed 01/30/2017 2:38 PM Transportation Engineering Jay Ahmad Additional Reviewer Completed 01/30/2017 2:44 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 9:53 AM Growth Management Department Jeanne Marcella Level 1 Division Reviewer Completed 01/31/2017 11:30 AM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 01/31/2017 11:30 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 01/31/2017 11:42 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/31/2017 5:22 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/01/2017 8:39 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 02/01/2017 3:22 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.2 Packet Pg. 1116 16.K.2.a Packet Pg. 1117 Attachment: Respondents’ Offer of Judgment and Aerial of Parcel 399RDUE (2666 : Reject Offer of 16.K.2.a Packet Pg. 1118 Attachment: Respondents’ Offer of Judgment and Aerial of Parcel 399RDUE (2666 : Reject Offer of 16.K.2.a Packet Pg. 1119 Attachment: Respondents’ Offer of Judgment and Aerial of Parcel 399RDUE (2666 : Reject Offer of AERIAL PHOTO OF PARCEL 399RDUE SHOWING EXIST. & PROP. ROW LINES - 16.K.2.a Packet Pg. 1120 Attachment: Respondents’ Offer of Judgment and Aerial of Parcel 399RDUE (2666 : Reject Offer of Judgment - $25,000 - Parcel 399RDUE -