Agenda 11/14/2017 Item #16K 311/14/2017
EXECUTIVE SUMMARY
Recommendation to approve a pre-hearing Joint Motion for Stipulated Order of Taking and Final
Judgment in the amount of $9,512 for Parcel 443RDUE, in the lawsuit captioned Collier County v.
John R. Brunner, et al, Case No. 17-CA-1452, required for the Golden Gate Boulevard Expansion
Project No. 60145. (Fiscal Impact: $9,682)
OBJECTIVE: To acquire Parcel 443RDUE 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 August 14, 2017, Collier County filed a condemnation suit captioned Collier
County v. John R. Brunner, et al, Case No. 17-CA-1452. Parcel 443RDUE is required for the
construction of the Project, and is a perpetual, non-exclusive road right-of-way drainage and utility
easement owned by George W. Hackney and Lucinda K. Hackney. An Aerial of Parcel 443RDUE is
attached. An Order of Taking hearing is scheduled for December 19, 2017. Prior to the Order of Taking,
the parties agreed to the taking and to total compensation in the amount of $8,700 for the property interest
taken and all damages, plus $812 in attorneys’ fees, costs, and all expert fees, for a total amount of $9,512
to be deposited into the Court Registry. The County will also be obligated to pay a $170 Clerk’s Registry
deposit fee.
The County Attorney’s Office and Transportation staff recommend approval of this Stipulated Order of
Taking and Final Judgment since a better result is not anticipated at trial. Upon approval, the County
Attorney’s Office will file the Joint Motion for Stipulated Order of Taking and Final Judgment with the
Circuit Court.
FISCAL IMPACT: Funds in the amount of $9,682 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 pre-hearing Stipulated Order of Taking and Final Judgment in
the total amount of $9,512 for the taking of Parcel 443RDUE in the pending case styled Collier County v.
John R. Brunner, et al, Case No. 17-CA-1452, required for the widening of Golden Gate Boulevard,
Project No. 60145.
Prepared By: Jennifer A. Belpedio, Assistant County Attorney
ATTACHMENT(S)
1. Joint Motion Parcel 443RDUE (PDF)
2. Aerial Photo of Parcel 443RDUE (PDF)
16.K.3
Packet Pg. 2006
11/14/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 4102
Item Summary: Recommendation to approve a pre-hearing Joint Motion for Stipulated Order of
Taking and Final Judgment in the amount of $9,512 for Parcel 443RDUE, in the lawsuit captioned Collier
County v. John R. Brunner, et al, Case No. 17-CA-1452, required for the Golden Gate Boulevard
Expansion Project No. 60145. (Fiscal Impact: $9,682)
Meeting Date: 11/14/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
10/30/2017 9:15 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
10/30/2017 9:15 AM
Approved By:
Review:
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 10/30/2017 9:46 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 10/30/2017 9:51 AM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 10/30/2017 9:57 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 11/08/2017 2:06 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 10/30/2017 10:46 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 11/01/2017 8:24 AM
Growth Management Department James French Deputy Department Head Review Completed 11/01/2017 2:27 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/01/2017 4:17 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/01/2017 4:38 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 11/02/2017 4:09 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/02/2017 4:36 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/14/2017 9:00 AM
16.K.3
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16.K.3.a
Packet Pg. 2008 Attachment: Joint Motion Parcel 443RDUE (4102 : Joint Motion for Stipulated Order of Taking - $9,512 for Parcel 443RDUE - Project No. 60145)
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Packet Pg. 2009 Attachment: Joint Motion Parcel 443RDUE (4102 : Joint Motion for Stipulated Order of Taking - $9,512 for Parcel 443RDUE - Project No. 60145)
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Packet Pg. 2010 Attachment: Joint Motion Parcel 443RDUE (4102 : Joint Motion for Stipulated Order of Taking - $9,512 for Parcel 443RDUE - Project No. 60145)
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Packet Pg. 2011 Attachment: Joint Motion Parcel 443RDUE (4102 : Joint Motion for Stipulated Order of Taking - $9,512 for Parcel 443RDUE - Project No. 60145)
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Packet Pg. 2012 Attachment: Joint Motion Parcel 443RDUE (4102 : Joint Motion for Stipulated Order of Taking - $9,512 for Parcel 443RDUE - Project No. 60145)
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Packet Pg. 2013 Attachment: Joint Motion Parcel 443RDUE (4102 : Joint Motion for Stipulated Order of Taking - $9,512 for Parcel 443RDUE - Project No. 60145)
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Packet Pg. 2014 Attachment: Joint Motion Parcel 443RDUE (4102 : Joint Motion for Stipulated Order of Taking - $9,512 for Parcel 443RDUE - Project No. 60145)
AERIAL PHOTO SHOWING PARCEL 443RDUE
20'
PROPOSED ROW
EXISTING ROW
16.K.3.b
Packet Pg. 2015 Attachment: Aerial Photo of Parcel 443RDUE (4102 : Joint Motion for Stipulated Order of Taking - $9,512 for Parcel 443RDUE - Project No.