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Agenda 10/24/2017 Item #16K 410/24/2017 EXECUTIVE SUMMARY Recommendation to approve a Joint Motion for Final Judgment and Final Order of Apportionment and Disbursement in the amount of $17,513 for Parcel 282RDUE, in the lawsuit captioned Collier County v. Nabil Joseph, et al, Case No. 16-CA-1256 required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact: $13,713) OBJECTIVE: To acquire Parcel 282RDUE and settle full compensation due for the taking which is necessary for the construction of roadway and related drainage and utility improvements for the Golden Gate Boulevard Expansion (Project 60145). CONSIDERATIONS: On April 26, 2016, the Board authorized the condemnation of Parcel 282RDUE required for the construction of the Project. Parcel 282RDUE is a 8,153 square foot roadway, drainage and utility easement on Golden Gate Boulevard over a tract of land owned by Jose Colon. By virtue of the County’s deposit of $3,800 into the court registry on November 29, 2016 (the County’s appraisal testimony as to the good faith estimate of value), title and possession of the easement interest passed to the County. A Mediation was scheduled for October 9, 2017. Prior to the Mediation, the parties agreed to a total compensation in the amount of $12,600 for the property interest taken and all damages, plus $1,910 for expert fees and costs ($190 for the engineer fee, and $1,720 for the appraiser’s fee), plus $3,003 in statutory attorneys’ fees, for a total amount of $17,513. The County will be obligated to pay an additional $13,713 over the $3,800 previously deposited into the Clerk’s Registry. The County Attorney’s Office and Transportation staff recommend approval of this Final Judgment and Final Order of Apportionment and Disbursement since a better result is not anticipated at t rial. Upon approval, the County Attorney’s Office will file the Joint Motion for Final Judgment with the Circuit Court. FISCAL IMPACT: Funds in the amount of $13,713 will be paid from gas taxes and/or impact fees from 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 prepared by the County Attorney’s Office, is approved as to form and legality, and requires a majority vote for Board approval. - JAB RECOMMENDATION: To approve a Final Judgment and Final Order of Apportionment and Disbursement in the total amount of $17,513 for the taking of Parcel 282RDUE in the pending case styled Collier County v. Nabil Joseph, et al, Case No. 16-CA-1256, required for the widening of Golden Gate Boulevard, Project No. 60145. Prepared By: Jennifer A. Belpedio, Assistant County Attorney ATTACHMENT(S) 1. Joint Motion for Final Judgment and Final Order of Apportionment and Disbursement (PDF) 2. Aerial of Parcel 282RDUE (PDF) 16.K.4 Packet Pg. 1056 10/24/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.4 Doc ID: 3977 Item Summary: Recommendation to approve a Joint Motion for Final Judgment and Final Order of Apportionment and Disbursement in the amount of $17,513 for Parcel 282RDUE, in the lawsuit captioned Collier County v. Nabil Joseph, et al, Case No. 16-CA-1256 required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact: $13,713) Meeting Date: 10/24/2017 Prepared by: Title: Legal Office Administrator – County Attorney's Office Name: Debbie Allen 10/16/2017 3:08 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 10/16/2017 3:08 PM Approved By: Review: Transportation Engineering Jay Ahmad Additional Reviewer Completed 10/16/2017 3:41 PM Transportation Engineering Kevin Hendricks Additional Reviewer Completed 10/16/2017 3:45 PM Growth Management Department Lisa Taylor Additional Reviewer Completed 10/17/2017 7:15 AM Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 10/17/2017 7:31 AM Growth Management Department Jeanne Marcella Department Head Review Completed 10/17/2017 7:31 AM Growth Management Department James French Deputy Department Head Review Completed 10/17/2017 11:20 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/17/2017 1:23 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/17/2017 1:46 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/17/2017 1:54 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 10/17/2017 2:31 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 10/17/2017 2:48 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/24/2017 9:00 AM 16.K.4 Packet Pg. 1057 16.K.4.aPacket Pg. 1058Attachment: Joint Motion for Final Judgment and Final Order of Apportionment and Disbursement (3977 : Joint Motion for Final Judgment and 16.K.4.aPacket Pg. 1059Attachment: Joint Motion for Final Judgment and Final Order of Apportionment and Disbursement (3977 : Joint Motion for Final Judgment and 16.K.4.aPacket Pg. 1060Attachment: Joint Motion for Final Judgment and Final Order of Apportionment and Disbursement (3977 : Joint Motion for Final Judgment and 16.K.4.aPacket Pg. 1061Attachment: Joint Motion for Final Judgment and Final Order of Apportionment and Disbursement (3977 : Joint Motion for Final Judgment and 16.K.4.aPacket Pg. 1062Attachment: Joint Motion for Final Judgment and Final Order of Apportionment and Disbursement (3977 : Joint Motion for Final Judgment and 16.K.4.aPacket Pg. 1063Attachment: Joint Motion for Final Judgment and Final Order of Apportionment and Disbursement (3977 : Joint Motion for Final Judgment and 16.K.4.aPacket Pg. 1064Attachment: Joint Motion for Final Judgment and Final Order of Apportionment and Disbursement (3977 : Joint Motion for Final Judgment and 16.K.4.aPacket Pg. 1065Attachment: Joint Motion for Final Judgment and Final Order of Apportionment and Disbursement (3977 : Joint Motion for Final Judgment and 16.K.4.aPacket Pg. 1066Attachment: Joint Motion for Final Judgment and Final Order of Apportionment and Disbursement (3977 : Joint Motion for Final Judgment and 16.K.4.aPacket Pg. 1067Attachment: Joint Motion for Final Judgment and Final Order of Apportionment and Disbursement (3977 : Joint Motion for Final Judgment and 16.K.4.aPacket Pg. 1068Attachment: Joint Motion for Final Judgment and Final Order of Apportionment and Disbursement (3977 : Joint Motion for Final Judgment and 16.K.4.aPacket Pg. 1069Attachment: Joint Motion for Final Judgment and Final Order of Apportionment and Disbursement (3977 : Joint Motion for Final Judgment and AERIAL PHOTO SHOWING PARCEL 282RDUE 16.K.4.b Packet Pg. 1070 Attachment: Aerial of Parcel 282RDUE (3977 : Joint Motion for Final Judgment and Final Order - $17,513.00 for Parcel 282RDUE - Project No.