Agenda 03/27/2018 Item #16K103/27/2018
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion and Stipulated Final Judgment in the amount of
$11,500 for Parcel 335RDUE, 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: $10,970)
OBJECTIVE: That the Board approves a Joint Motion and Stipulated Final Judgment in the amount of
$11,500.00 concerning Parcel 335RDUE for the construction of roadway and related drainage and ut ility
improvements required for the expansion of Golden Gate Boulevard from 20th Street East to East of
Everglades Boulevard (Project No. 60145).
CONSIDERATIONS: On November 18, 2016, Collier County condemned Parcel 335RDUE and
deposited $700 into the Court registry as a good faith estimate of value pursuant to an Order of Taking in
the lawsuit styled Collier County v. Priscilla Dias, et al, Case No. 16-CA-1393. Parcel 335RDUE is
required for the construction of the Project and is a perpetual, non-exclusive road right-of-way drainage
and utility easement. An Aerial of Parcel 335RDUE is attached. Through negotiations, the parties agreed
to total compensation in the amount of $11,500. If approved, the County will be required to pay an
additional $10,800, plus $170 for the Clerk’s fee to deposit the funds.
The County Attorney’s Office and Staff recommend approval of this Stipulated Final Judgment since a
better result is not anticipated at trial. Upon approval, the County Attorney’s Office will file the J oint
Motion and Stipulated Final Judgment with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $10,970 will be paid from impact fees from the Golden Gate
Boulevard Expansion 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: That the Board of County Commissioners approves the attached Joint Motion
and Stipulated Final Judgment, and authorizes the payment of funds as stated herein.
Prepared By: Jennifer A. Belpedio, Assistant County Attorney
ATTACHMENT(S)
1. Joint Motion and Stipulated Final Judgment (PDF)
2. Aerial of Parcel 335RDUE (PDF)
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03/27/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doc ID: 5026
Item Summary: Recommendation to approve a Joint Motion and Stipulated Final Judgment in the
amount of $11,500 for Parcel 335RDUE, 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: $10,970)
Meeting Date: 03/27/2018
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
03/05/2018 2:52 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/05/2018 2:52 PM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 03/05/2018 2:54 PM
Growth Management Operations Support Allison Kearns Additional Reviewer Completed 03/05/2018 3:46 PM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 03/05/2018 4:40 PM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 03/05/2018 4:42 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 03/06/2018 6:52 AM
Growth Management Department Gene Shue Additional Reviewer Completed 03/06/2018 8:54 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 03/06/2018 10:27 AM
Growth Management Department Jennifer Belpedio Deputy Department Head Review Skipped 03/06/2018 10:30 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/06/2018 10:32 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/06/2018 12:59 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/06/2018 2:39 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 03/06/2018 4:40 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/20/2018 10:01 AM
Board of County Commissioners MaryJo Brock Meeting Pending 03/27/2018 9:00 AM
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Packet Pg. 1664 Attachment: Joint Motion and Stipulated Final Judgment (5026 : Joint Motion and Stipulated Final Judgment - Parcel 335RDUE- Case No. 16-
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Packet Pg. 1665 Attachment: Joint Motion and Stipulated Final Judgment (5026 : Joint Motion and Stipulated Final Judgment - Parcel 335RDUE- Case No. 16-
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Packet Pg. 1666 Attachment: Joint Motion and Stipulated Final Judgment (5026 : Joint Motion and Stipulated Final Judgment - Parcel 335RDUE- Case No. 16-
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Packet Pg. 1667 Attachment: Joint Motion and Stipulated Final Judgment (5026 : Joint Motion and Stipulated Final Judgment - Parcel 335RDUE- Case No. 16-
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Packet Pg. 1668 Attachment: Joint Motion and Stipulated Final Judgment (5026 : Joint Motion and Stipulated Final Judgment - Parcel 335RDUE- Case No. 16-
AERIAL PHOTO SHOWING ENTIRE SHER PROPERTY AERIAL PHOTO SHOWING CLOSE-UP OF ROW PARCEL
EXIST. ROW
PROP. ROW
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Packet Pg. 1669 Attachment: Aerial of Parcel 335RDUE (5026 : Joint Motion and Stipulated Final Judgment - Parcel