Agenda 11/14/2017 Item #16K 411/14/2017
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion for Stipulated Final Judgment in the amount of
$12,400 for Parcel 330RDUE, in the lawsuit captioned Collier County v. Priscilla Dias, et al, Case
No. 16-CA-1393, required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal
Impact: $5,900)
OBJECTIVE: To settle full compensation due for the taking of Parcel 330RDUE, 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 2, 2016, Collier County filed a condemnation suit captioned Collier
County v. Priscilla Dias, et al, Case No. 16-CA-1393. Parcel 330RDUE is required for the construction
of the Project, and is a perpetual, non-exclusive road right-of-way drainage and utility easement owned by
the Salvatore Schillaci Trust, u/a/d March 6, 2001. An Aerial of Parcel 330RDUE is attached. An Order
of Taking was entered on November 18, 2016. The County deposited the amount of $6,500 into the court
registry as payment for acquisition of Parcel 330RDUE, at which time title to said parcel vested in the
name of Collier County. Through negotiations, the parties have agreed to total compensation in the
amount of $12,400 for the property interest taken, and all damages, all attorneys’ fees, costs, and all
expert fees. The County will be required to pay an additional $5,900 over the amount previously
deposited.
The County Attorney’s Office and Transportation Engineering staff recommend approval of this Joint
Motion for Stipulated 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 Final Judgment with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $5,900 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 Joint Motion for Stipulated Final Judgment in the total amount
of $12,400 for the taking of Parcel 330RDUE in the pending case styled Collier County v. Priscilla Dias,
et al, Case No. 16-CA-1393, 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 Stipulated Final Judgment (PDF)
2. Aerial of Parcel 330RDUE (PDF)
16.K.4
Packet Pg. 2016
11/14/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doc ID: 4109
Item Summary: Recommendation to approve a Joint Motion for Stipulated Final Judgment in the
amount of $12,400 for Parcel 330RDUE, in the lawsuit captioned Collier County v. Priscilla Dias, et al,
Case No. 16-CA-1393, required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal
Impact: $5,900)
Meeting Date: 11/14/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
10/31/2017 3:05 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
10/31/2017 3:05 PM
Approved By:
Review:
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 10/31/2017 4:27 PM
Growth Management Department Diane Lynch Level 1 Reviewer Completed 10/31/2017 4:30 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 11/01/2017 7:08 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 11/08/2017 2:07 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 11/01/2017 8:25 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 11/01/2017 11:20 AM
Growth Management Department James French Deputy Department Head Review Completed 11/01/2017 2:29 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 4:42 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 11/02/2017 3:21 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.4
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Packet Pg. 2018 Attachment: Joint Motion for Stipulated Final Judgment (4109 : Joint Motion for Stipulated Final Judgment - $12,400 - Parcel 330RDUE - Project
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Packet Pg. 2019 Attachment: Joint Motion for Stipulated Final Judgment (4109 : Joint Motion for Stipulated Final Judgment - $12,400 - Parcel 330RDUE - Project
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Packet Pg. 2020 Attachment: Joint Motion for Stipulated Final Judgment (4109 : Joint Motion for Stipulated Final Judgment - $12,400 - Parcel 330RDUE - Project
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Packet Pg. 2021 Attachment: Joint Motion for Stipulated Final Judgment (4109 : Joint Motion for Stipulated Final Judgment - $12,400 - Parcel 330RDUE - Project
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Packet Pg. 2022 Attachment: Joint Motion for Stipulated Final Judgment (4109 : Joint Motion for Stipulated Final Judgment - $12,400 - Parcel 330RDUE - Project
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Packet Pg. 2023 Attachment: Joint Motion for Stipulated Final Judgment (4109 : Joint Motion for Stipulated Final Judgment - $12,400 - Parcel 330RDUE - Project
AERIAL – PARCEL 330RDUE
(GOLDEN GATE BLVD. PROJECT NO. 60145)
1
EXISTING RIGHT-OF-WAY
PER PLAT
16.K.4.b
Packet Pg. 2024 Attachment: Aerial of Parcel 330RDUE (4109 : Joint Motion for Stipulated Final Judgment - $12,400 - Parcel 330RDUE - Project No. 60145)