Agenda 03/28/2017 Item #16K 903/28/2017
EXECUTIVE SUMMARY
Recommendation to approve a Mediated Settlement Agreement in the amount of $98,000 as full
compensation for the taking of Parcels 216RDUE, 218RDUE, and 220RDUE in the pending case
styled Collier County v. Eva Baldrich, et al, Case No. 14-CA-2701, required for the Golden Gate
Boulevard Expansion Project, Project No. 60040. (Fiscal Impact: $87,470)
OBJECTIVE: To settle full compensation owed the property owner for the taking of Parcels
216RDUE, 218RDUE, and 220RDUE required for the Golden Gate Blvd. Project No. 60040.
CONSIDERATIONS: On June 10, 2014, the Board authorized the condemnation of Parcels 216RDUE,
218RDUE, and 220RDUE in order to construct roadway, drainage and utility improvements required for
the expansion of Golden Gate Blvd. On July 9, 2015, the Court entered an Order of Taking for the
required properties and the County subsequently deposited a good faith estimate of value in the amount of
$10,700 (Parcel 216RDUE - $2,100; Parcel 218RDUE - $6,500; Parcel 200RDUE - $2,100) into the
Court Registry. The road right-of-way, drainage and utility easements, approximately 6,450 square feet
for Parcel 216RDUE; 7,740 square feet for Parcel 218RDUE; and 6,450 square feet for Parcel 220RDUE,
were taken from three adjacent properties owned by Leah M. Brack. The parent tracts of Parcel 216 and
218 are improved by single family residences; Parcel 220 is vacant. An aerial photograph of the subject
properties is attached to this item for reference.
At mediation, the owner presented a claim in the amount of $156,000, which included a significant
severance damage claim as a result of lost site utility from the expansion of Golden Gate Boulevard from
2 lanes to 4 lanes and the lost buffer from the reduced setback. Through negotiations the parties agreed to
full compensation in the amount of $98,000, inclusive of all statutorily obligated attorney’s fees and
expert fees. The County Attorney’s Office and Transportation staff recommend the Board approve the
attached Mediated Settlement Agreement since a better result is not anticipated at trial. If this item is
approved, the County will be obligated to pay an additional $87,300 over the amount already deposited to
the property owner, as well as the $170 Clerk’s deposit fee to deposit the funds into the Court Registry.
Upon approval, the County Attorney’s Office will file a Joint Motion with the Circuit Court including the
same terms as the Mediated Settlement Agreement.
FISCAL IMPACT: Funds in the amount of $87,470 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 a particular project, the
secondary funding source will be gas taxes.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - ERP
RECOMMENDATION: To approve a Mediated Settlement Agreement in the amount of $98,000 as
full compensation for the taking of Parcels 216RDUE, 218RDUE, and 220RDUE, in the pending case
styled Collier County v. Eva Baldrich, et al, Case No. 14-CA-2701, required for the Golden Gate
Boulevard Project, Project No. 60040.
Prepared by: Emily R. Pepin, Assistant County Attorney
03/28/2017
ATTACHMENT(S)
1. Brach - Mediated Settlement Agreement (PDF)
2. Aerial Photo Showing Existing Proposed ROW without N arrow - Flattened (PDF)
03/28/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.9
Doc ID: 2883
Item Summary: Recommendation to approve a Mediated Settlement Agreement in the amount of
$98,000 as full compensation for the taking of Parcels 216RDUE, 218RDUE, and 220RDUE in the
pending case styled Collier County v. Eva Baldrich, et al, Case No. 14-CA-2701, required for the Golden
Gate Boulevard Expansion Project, Project No. 60040. (Fiscal Impact: $87,470)
Meeting Date: 03/28/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
03/10/2017 9:27 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/10/2017 9:27 AM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 03/13/2017 4:30 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 03/14/2017 7:31 AM
Growth Management Department Jeanne Marcella Level 1 Division Reviewer Completed 03/14/2017 8:11 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 03/14/2017 8:17 AM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 03/14/2017 8:19 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 03/14/2017 8:33 AM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 03/14/2017 2:19 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/15/2017 10:17 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/15/2017 3:10 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 03/20/2017 9:00 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/20/2017 4:57 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/28/2017 9:00 AM
.l
L
IN THE TWENTIETH CIRCUIT
COURT OF FLORIDA IN AND
FOR THE COLTNTY OF COLLIER
COLLIER COUNTY, FLORIDA, A
Political subdivision of the State of Florida.
Petitioner. CIVI ACTION NO.: 2014-CA-2701
PARCEL NO.: 212RDUE
EVA BALDRICH, et al 216RDUE, 217RDUE, 21 8RDUE,
22ORDUE
Respondents.
MEDIATED SETTLEMENT AGRE,EMENT
As a result of a Mediation Conference held on March 7,2017 the parties reached
the following Settlement Agreement contingent upon the approval of the Collier County
Board of Commissioners :
l. Petitioner will pay to Respondent, Leah Brack the sum of $98,000.00 in
full settlement of all claims for compensation from Petitioner whatsoever, including
business damages, attorney's fees, experts' fees, and costs.
2. Counsel for Petitioner and Respondent will jointly submit to the Court for
signature a mutually approved Stipulated Final Judgment in this matter as soon as
practical hereafter, but not prior to the satisfaction of all conditions contained herein.
3. Petitioner is entitled to a credit in the amount of $10,700.00
for its good faith deposit in to the Court Registry.
4. Petitioner will pay Respondent the balance due of $ 87,300.00
within thirty (30) days of the actual date of receipt by the Petitioner's counsel of a
conformed copy of the aforesaid Stipulated Final Judgment from the Court.
7. Attached hereto is an addendum to this Agreement.
Yes X No
\
8. This Agreement, dated March 7,2017, contains all of the agreements of
the parties.
AERIAL PHOTO OF LUCKY GRIZBEAR (BRACK) PROPERTIES
EXISTING RIGHT-OF-WAY
PROPOSED RIGHT-OF-WAY
216RDUE 218RDUE 220RDUE