Agenda 09/26/2017 Item #16K 109/26/2017
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $30,000 for the
taking of Parcel 399RDUE in the pending case styled Collier County v. Jarrett Cox, et al, Case No.
16-CA-1313, required for the widening of Golden Gate Boulevard from 20th Street East to East of
Everglades Boulevard, Project No. 60145. (Fiscal Impact: $27,300)
OBJECTIVE: To settle the amount of full compensation for the taking of Parcel 399RDUE condemned
for improvements to Golden Gate Boulevard, Project No. 60145.
CONSIDERATIONS: On April 26, 2016, the Board authorized the condemnation of Parcel 399RDUE
in order to construct roadway, drainage and utility improvements required for the widening of Golden
Gate Boulevard from 20th Street East to East of Everglades Boulevard. On November 18, 2016, the
Court entered an Order of Taking for the required property and the County subsequently deposited a good
faith estimate of value in the amount of $2,700.00 into the Court Registry. The right-of-way roadway,
drainage and utility easement, approximately 2,700 square feet in size, was taken from property owned by
Jarrett Cox and Sarah Lee Cox. An aerial photograph of the subject property is attached to this item for
reference.
Through negotiations, the parties have agreed to total compensation in the amount of $20,000.00 for the
property interest taken and all damages, plus $10,000 in attorneys’ fees, and costs, and all expert fees, for
a total amount of $30,000.00. The County Attorney’s Office and Transportation staff recommend the
Board approve the attached proposed Stipulated Final Judgment since a better result is not anticipated at
trial. If this item is accepted and approved, the County will be obligated to pay an additional $27,300.00
over the amount already deposited. Upon approval, the County Attorney’s Office will file a Joint Motion
for the Stipulated Final Judgment with the Circuit Court.
FISCAL IMPACT: Funds in the amount of 27,300.00 are available in the Golden Gate Blvd.
Transportation Capital Improvement 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: There is no growth management impact associated with this
Executive Summary.
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 Stipulated Final Judgment in the total amount of $30,000 for the
taking of Parcel 399RDUE in the pending case styled Collier County v. Jarrett Cox, et al, Case No. 16 -
CA-1313, required for the widening of Golden Gate Boulevard from 20th Street East to East of
Everglades Boulevard, Project No. 60145.
Prepared by: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Proposed Stipulated Final Judgment - Parcel 399RDUE (PDF)
2. Aerial of Parcel 399RDUE (PDF)
16.K.1
Packet Pg. 3101
09/26/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doc ID: 3540
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of
$30,000 for the taking of Parcel 399RDUE in the pending case styled Collier County v. Jarrett Cox, et al,
Case No. 16-CA-1313, required for the widening of Golden Gate Boulevard from 20th Street East to East
of Everglades Boulevard, Project No. 60145. (Fiscal Impact: $27,300)
Meeting Date: 09/26/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
07/27/2017 10:10 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
07/27/2017 10:10 AM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 07/27/2017 10:49 AM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 07/27/2017 12:08 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 08/01/2017 2:55 PM
Growth Management Department Jeanne Marcella Level 1 Division Reviewer Completed 08/11/2017 3:11 PM
Growth Management Department Debbie Allen Level 2 Division Administrator Skipped 07/27/2017 10:01 AM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 08/15/2017 9:24 AM
Growth Management Department James French Additional Reviewer Completed 08/15/2017 9:41 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/15/2017 1:58 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/15/2017 3:09 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 08/29/2017 12:04 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/29/2017 2:51 PM
Board of County Commissioners Michael Cox Meeting Completed 09/12/2017 9:00 AM
16.K.1
Packet Pg. 3102
16.K.1.aPacket Pg. 3103Attachment: Proposed Stipulated Final Judgment - Parcel 399RDUE (3540 : Stipulated Final Judgment - $30,000 - Parcel 399RDUE - Collier
16.K.1.aPacket Pg. 3104Attachment: Proposed Stipulated Final Judgment - Parcel 399RDUE (3540 : Stipulated Final Judgment - $30,000 - Parcel 399RDUE - Collier
16.K.1.aPacket Pg. 3105Attachment: Proposed Stipulated Final Judgment - Parcel 399RDUE (3540 : Stipulated Final Judgment - $30,000 - Parcel 399RDUE - Collier
16.K.1.aPacket Pg. 3106Attachment: Proposed Stipulated Final Judgment - Parcel 399RDUE (3540 : Stipulated Final Judgment - $30,000 - Parcel 399RDUE - Collier
16.K.1.aPacket Pg. 3107Attachment: Proposed Stipulated Final Judgment - Parcel 399RDUE (3540 : Stipulated Final Judgment - $30,000 - Parcel 399RDUE - Collier
AERIAL – PARCEL 399RDUE
GOLDEN GATE BLVD.
PARCEL 399RDUE
-
16.K.1.b
Packet Pg. 3108 Attachment: Aerial of Parcel 399RDUE (3540 : Stipulated Final Judgment - $30,000 - Parcel 399RDUE - Collier County v. Jarrett Cox - project