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Agenda 09/26/2017 Item #16K 409/26/2017 EXECUTIVE SUMMARY Recommendation to approve a Final Judgment for Parcel 198RDUE in the case styled Collier County v. Baby Brothers Enterprises, Inc., et al., Case No. 15-CA-298, now pending in the Twentieth Judicial Circuit, Collier County, required for the widening of Golden Gate Boulevard (Project No. 60040). (Fiscal Impact: $15,600) OBJECTIVE: To settle the amount of full compensation for the taking of Parcel 198RDUE condemned for improvements to Golden Gate Boulevard, Project No. 60040, hereinafter referred to as the “Project.” CONSIDERATIONS: On June 10, 2014, the Board authorized the condemnation of Parcel 198RDUE required for the construction of the Project. Parcel 198RDUE is a 7,300 square foot roadway, drainage and utility easement on the south side of Golden Gate Boulevard over a tract of land owned by Juana Trust, L.A. Medina, Trustee. By virtue of the County’s deposit of $2,400 into the court registry on July 21, 2015 (the County’s appraisal testimony as to the good faith estimate of value), title and possession of the easement interest passed to the County. Through negotiation, the parties agreed to total compensation in the amount of $18,000. Attorney's fees and costs are included in the $18,000. The County would be required to pay an additional $15,600, over the previously deposited amount of $2,400 by the County for Parcel 198RDUE to arrive at the total compensated amount of $18,000. The County Attorney’s Office and Staff recommend approval of this Final Judgment to eliminate exposure to further costs arising out of extended litigation. Should the Board approve the Final Judgment, a Joint Motion will be filed with the Circuit Court for entry of the Final Judgment. FISCAL IMPACT: Funds in the amount of $15,600 will be paid from gas taxes and/or impact fees from Golden Gate Boulevard 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: None. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. - JAB RECOMMENDATION: That the Board of County Commissioners approve the attached Final Judgment and authorizes the payment of funds as stated herein. Prepared by: Jennifer A. Belpedio, Assistant County Attorney ATTACHMENT(S) 1. Proposed Final Judgment - Parcel 198RDUE (PDF) 2. Aerial of Parcel 198RDUE (PDF) 16.K.4 Packet Pg. 3132 09/26/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.4 Doc ID: 3719 Item Summary: Recommendation to approve a Final Judgment for Parcel 198RDUE in the case styled Collier County v. Baby Brothers Enterprises, Inc., et al., Case No. 15-CA-298, now pending in the Twentieth Judicial Circuit, Collier County, required for the widening of Golden Gate Boulevard (Project No. 60040). (Fiscal Impact: $15,600) Meeting Date: 09/26/2017 Prepared by: Title: Legal Office Administrator – County Attorney's Office Name: Debbie Allen 08/30/2017 9:42 AM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 08/30/2017 9:42 AM Approved By: Review: Transportation Engineering Jay Ahmad Additional Reviewer Completed 08/30/2017 3:23 PM Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 08/30/2017 3:48 PM Transportation Engineering Kevin Hendricks Additional Reviewer Completed 08/31/2017 8:56 AM Growth Management Operations Support Allison Kearns Additional Reviewer Completed 08/31/2017 9:09 AM Growth Management Department Lisa Taylor Additional Reviewer Completed 08/31/2017 12:41 PM Growth Management Department Debbie Allen Department Head Review Skipped 08/30/2017 4:00 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 08/31/2017 10:08 AM 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 7:51 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/01/2017 8:28 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 09/01/2017 10:30 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/04/2017 9:12 AM Board of County Commissioners Michael Cox Meeting Completed 09/12/2017 9:00 AM 16.K.4 Packet Pg. 3133 16.K.4.a Packet Pg. 3134 Attachment: Proposed Final Judgment - Parcel 198RDUE (3719 : Final Judgment - Parcel 198RDUE - Baby Brothers Enterprises - 15-CA-298 - 16.K.4.a Packet Pg. 3135 Attachment: Proposed Final Judgment - Parcel 198RDUE (3719 : Final Judgment - Parcel 198RDUE - Baby Brothers Enterprises - 15-CA-298 - 16.K.4.a Packet Pg. 3136 Attachment: Proposed Final Judgment - Parcel 198RDUE (3719 : Final Judgment - Parcel 198RDUE - Baby Brothers Enterprises - 15-CA-298 - 16.K.4.a Packet Pg. 3137 Attachment: Proposed Final Judgment - Parcel 198RDUE (3719 : Final Judgment - Parcel 198RDUE - Baby Brothers Enterprises - 15-CA-298 - 16.K.4.a Packet Pg. 3138 Attachment: Proposed Final Judgment - Parcel 198RDUE (3719 : Final Judgment - Parcel 198RDUE - Baby Brothers Enterprises - 15-CA-298 - 16.K.4.a Packet Pg. 3139 Attachment: Proposed Final Judgment - Parcel 198RDUE (3719 : Final Judgment - Parcel 198RDUE - Baby Brothers Enterprises - 15-CA-298 - AERIAL PHOTO OF GOLDEN GATE BOULEVARD PARCEL 198RDUE PARCEL 198RDUE 16.K.4.b Packet Pg. 3140 Attachment: Aerial of Parcel 198RDUE (3719 : Final Judgment - Parcel 198RDUE - Baby Brothers Enterprises - 15-CA-298 - project 60040 -