Agenda 11/14/2017 Item #16K 511/14/2017
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $12,000 for the
taking of Parcel 339RDUE required for the Golden Gate Blvd. Project No. 60145 (from 20th St. E.
to east of Everglades Blvd.), in the pending case styled Collier County v. William J. Zavasky, Jr., et
al., Case No. 16-CA-1272. (Fiscal Impact: $10,700)
OBJECTIVE: To settle full compensation owed for the taking of Parcel 339RDUE required for the
Golden Gate Boulevard Project No. 60145 (from 20th St. E. to east of Everglades Blvd.).
CONSIDERATIONS: On April 26, 2016, the Board approved Condemnation Resolution 2016-88 to
acquire the necessary property to construct the Project. Pursuant to the Stipulated Order of Taking
entered November 8, 2016, the County condemned Parcel 339RDUE and deposited a good faith estimate
of value in the amount of $1,300 into the Court Registry. Parcel 339RDUE is a road right -of-way,
drainage, and utility easement containing 2,450 square feet taken from property own ed by William J.
Zavasky, Jr.
The County Attorney’s Office (CAO) and Transportation staff negotiated with the owner’s counsel, who
originally claimed $22,500 exclusive of fees and costs, and reached a settlement of $12,000 total,
including all statutory attorney and expert fees and costs. Upon approval of this settlement by the Board,
the County will be obligated to pay an additional $10,700 over the previous deposit in the Court Registry
of $1,300.
The CAO and Transportation staff recommend the Board approve this settlement since a better result is
not anticipated at trial. Upon approval, the CAO will file the attached Joint Motion for Stipulated Final
Judgment with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $10,700 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 $12,000 for the
taking of Parcel 339RDUE, required for the Golden Gate Boulevard Project No. 60145 (from 20 th St. E.
to east of Everglades Blvd.), in the pending case styled Collier County v. William J. Zavasky, Jr., et al.,
Case No. 16-CA-1272.
PREPARED BY: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Proposed Stipulated Final Judgment (PDF)
2. Aerial Photograph Showing Parcel 339RDUE (PDF)
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11/14/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doc ID: 4194
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of
$12,000 for the taking of Parcel 339RDUE required for the Golden Gate Blvd. Project No. 60145 (from
20th St. E. to east of Everglades Blvd.), in the pending case styled Collier County v. William J. Zavasky,
Jr., et al., Case No. 16-CA-1272. (Fiscal Impact: $10,700)
Meeting Date: 11/14/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
11/08/2017 11:26 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
11/08/2017 11:26 AM
Approved By:
Review:
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 11/08/2017 11:33 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 11/08/2017 11:36 AM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 11/08/2017 12:38 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 11/08/2017 2:07 PM
Growth Management Department Jeanne Marcella Department Head Review Completed 11/08/2017 1:39 PM
Growth Management Department Debbie Allen Deputy Department Head Review Skipped 11/08/2017 1:53 PM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 11/08/2017 2:03 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/08/2017 2:10 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/08/2017 2:28 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 11/08/2017 4:14 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/08/2017 4:29 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/14/2017 9:00 AM
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Packet Pg. 2027 Attachment: Proposed Stipulated Final Judgment (4194 : Stipulated Final Judgment - $12,000 - Parcel 339RDUE - Project No. 60145 -Case No.
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Packet Pg. 2032 Attachment: Proposed Stipulated Final Judgment (4194 : Stipulated Final Judgment - $12,000 - Parcel 339RDUE - Project No. 60145 -Case No.
AERIAL PHOTO SHOWING PARCEL 339RDUE
20'15'
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Packet Pg. 2033 Attachment: Aerial Photograph Showing Parcel 339RDUE (4194 : Stipulated Final Judgment - $12,000 - Parcel 339RDUE - Project No. 60145 -