Agenda 09/26/2017 Item #16K 309/26/2017
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $30,000 for the
taking of Parcel 401RDUE 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: $28,670)
OBJECTIVE: To settle the amount of full compensation for the taking of Parcel 401RDUE condemned
for improvements to Golden Gate Boulevard, Project No. 60145.
CONSIDERATIONS: On April 26, 2016, the Board authorized the condemnation of Parcel 401RDUE
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 $1,500 into the Court Registry. The right -of-way roadway,
drainage and utility easement was taken from property owned by Jessica and Paul Vacco. The Vaccos
claimed that according to the construction plans the new road would result in a steep driveway grade
change impairing access to their home. 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, cos ts, and all expert fees, for a
total amount of $30,000.00. In addition, the County has agreed to amend the construction plans to
alleviate the driveway grade issue, if the Vaccos donate a Temporary Driveway Restoration Easement.
The County Attorney’s Office and Transportation staff recommend that the Board approves the proposed
Stipulated Final Judgment since a better result is not anticipated at trial. If this item is approved, the
County will be obligated to pay an additional $28,500 over the amount al ready deposited, plus a $170
Clerk’s deposit fee. 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 $28,670 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: None.
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 401RDUE 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
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09/26/2017
ATTACHMENT(S)
1. Vacco Stipulated Final Judgment (PDF)
2. Aerial - 401RDUE (PDF)
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09/26/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 3716
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of
$30,000 for the taking of Parcel 401RDUE 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: $28,670)
Meeting Date: 09/26/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
08/30/2017 9:24 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
08/30/2017 9:24 AM
Approved By:
Review:
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 08/30/2017 11:55 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 08/30/2017 3:22 PM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 08/30/2017 3:47 PM
Growth Management Operations Support Allison Kearns Additional Reviewer Completed 08/31/2017 8:57 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 08/31/2017 12:39 PM
Growth Management Department Debbie Allen Department Head Review Skipped 08/30/2017 4:04 PM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 08/31/2017 1:52 PM
Growth Management Department James French Deputy Department Head Review Completed 08/31/2017 5:00 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/01/2017 7:50 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/01/2017 8:25 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/01/2017 10:26 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/04/2017 9:11 AM
Board of County Commissioners Michael Cox Meeting Completed 09/12/2017 9:00 AM
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Packet Pg. 3122 Attachment: Vacco Stipulated Final Judgment (3716 : Stipulated Final Judgment - $30,000 - Parcel 401RDUE - Cox - 16-CA-1313 - project 60145)
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Packet Pg. 3123 Attachment: Vacco Stipulated Final Judgment (3716 : Stipulated Final Judgment - $30,000 - Parcel 401RDUE - Cox - 16-CA-1313 - project 60145)
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Packet Pg. 3124 Attachment: Vacco Stipulated Final Judgment (3716 : Stipulated Final Judgment - $30,000 - Parcel 401RDUE - Cox - 16-CA-1313 - project 60145)
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Packet Pg. 3125 Attachment: Vacco Stipulated Final Judgment (3716 : Stipulated Final Judgment - $30,000 - Parcel 401RDUE - Cox - 16-CA-1313 - project 60145)
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Packet Pg. 3126 Attachment: Vacco Stipulated Final Judgment (3716 : Stipulated Final Judgment - $30,000 - Parcel 401RDUE - Cox - 16-CA-1313 - project 60145)
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Packet Pg. 3127 Attachment: Vacco Stipulated Final Judgment (3716 : Stipulated Final Judgment - $30,000 - Parcel 401RDUE - Cox - 16-CA-1313 - project 60145)
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Packet Pg. 3128 Attachment: Vacco Stipulated Final Judgment (3716 : Stipulated Final Judgment - $30,000 - Parcel 401RDUE - Cox - 16-CA-1313 - project 60145)
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Packet Pg. 3129 Attachment: Vacco Stipulated Final Judgment (3716 : Stipulated Final Judgment - $30,000 - Parcel 401RDUE - Cox - 16-CA-1313 - project 60145)
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Packet Pg. 3130 Attachment: Vacco Stipulated Final Judgment (3716 : Stipulated Final Judgment - $30,000 - Parcel 401RDUE - Cox - 16-CA-1313 - project 60145)
AERIAL – PARCEL 401RDUE
PARCEL 401RDUE
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Packet Pg. 3131 Attachment: Aerial - 401RDUE (3716 : Stipulated Final Judgment - $30,000 - Parcel 401RDUE - Cox - 16-CA-1313 - project 60145)