Agenda 04/10/2018 Item #16K 104/10/2018
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion and Stipulated Final Judgment in the amount of
$111,470 for Parcel 446RDUE, and $15,000 for Parcel 448RDUE, in the lawsuit captioned Collier
County v. David Martinez, et al, Case No. 17-CA-1454, required for the Golden Gate Boulevard
Expansion Project No. 60145. (Fiscal Impact: $96,450)
OBJECTIVE: That the Board approves a Joint Motion and Stipulated Final Judgment in the amount of
$111,470 for Parcel 446RDUE, and $15,000 for Parcel 448RDUE, for the construction of roadway and
related drainage and utility improvements required for the expansion of Golden Gate Boulevard from 20 th
Street East to East of Everglades Boulevard (Project No. 60145).
CONSIDERATIONS: On November 13, 2017, Collier County condemned Parcel 446RDUE and
deposited $28,290 into the Court registry, and also condemned Parcel 448RDUE and deposited $1,900
into the Court registry, as a good faith estimate of value pursuant to an Order of Taking in the lawsuit
styled Collier County v. David Martinez, et al, Case No. 17-CA-1454. Both parcels are required for the
construction of the Project, and both parcels are a perpetual, non-exclusive road right-of-way drainage
and utility easement. Parcel 446RDUE is a 4,515-square foot easement on an improved parcel, with
grading, masonry columns with lights, metal fence, electric service to columns, key pad, gate opener,
metal gates, electric gate openings, gate key pads, five-foot high chain link fence, irrigation, landscaping,
and sod all located within the take area. These improvements will be removed to accommodate the
expansion of Golden Gate Boulevard. New Improvements will be installed on the parent tract. Parcel
448RDUE is an irregular shaped parcel through the north portion of the une ncumbered property,
containing approximately 3,571 square feet. An Aerial of Parcels 446RDUE and 448RDUE is attached.
Through negotiations, the parties agreed to total compensation in the amount of $111,470 for Parcel
446RDUE, and $15,000 for Parcel 448RDUE. If approved, the County will be required to pay an
additional $96,280, 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 Joint
Motion and Stipulated Final Judgment with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $96,450 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
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ATTACHMENT(S)
1. Aerial of Parcels 446RDUE and 448RDUE (PDF)
2. Joint Motion and Stipulated Final Judgment - Parcels 446RDUE and 448RDUE (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doc ID: 5126
Item Summary: Recommendation to approve a Joint Motion and Stipulated Final Judgment in the
amount of $111,470 for Parcel 446RDUE, and $15,000 for Parcel 448RDUE, in the lawsuit captioned
Collier County v. David Martinez, et al, Case No. 17-CA-1454, required for the Golden Gate Boulevard
Expansion Project No. 60145. (Fiscal Impact: $96,450)
Meeting Date: 04/10/2018
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
03/14/2018 9:09 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/14/2018 9:09 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 03/14/2018 9:17 AM
Growth Management Department Gene Shue Additional Reviewer Completed 03/14/2018 9:57 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 03/14/2018 10:05 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 03/14/2018 11:02 AM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 03/27/2018 2:50 PM
Growth Management Department Michael Cox Deputy Department Head Review Skipped 03/20/2018 8:55 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 03/27/2018 3:25 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/30/2018 10:33 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/30/2018 12:22 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/30/2018 1:02 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 03/30/2018 2:44 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/30/2018 2:45 PM
Board of County Commissioners MaryJo Brock Meeting Pending 04/10/2018 9:00 AM
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AERIAL – PARCELS 446RDUE &448RDUE
GOLDEN GATE BLVD. PROJECT NO. 60145
EXISTING RIGHT-OF-WAY PER PLAT
/
PARCEL 446RDUE PARCEL 448RDUE
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Packet Pg. 973 Attachment: Aerial of Parcels 446RDUE and 448RDUE (5126 : Joint Motion and Stipulated Final Judgment -Parcel 446RDUE & 448RDUE-17-CA-
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Packet Pg. 974 Attachment: Joint Motion and Stipulated Final Judgment - Parcels 446RDUE and 448RDUE (5126 : Joint Motion and Stipulated Final Judgment -
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Packet Pg. 976 Attachment: Joint Motion and Stipulated Final Judgment - Parcels 446RDUE and 448RDUE (5126 : Joint Motion and Stipulated Final Judgment -
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Packet Pg. 977 Attachment: Joint Motion and Stipulated Final Judgment - Parcels 446RDUE and 448RDUE (5126 : Joint Motion and Stipulated Final Judgment -
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Packet Pg. 978 Attachment: Joint Motion and Stipulated Final Judgment - Parcels 446RDUE and 448RDUE (5126 : Joint Motion and Stipulated Final Judgment -
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Packet Pg. 979 Attachment: Joint Motion and Stipulated Final Judgment - Parcels 446RDUE and 448RDUE (5126 : Joint Motion and Stipulated Final Judgment -
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Packet Pg. 981 Attachment: Joint Motion and Stipulated Final Judgment - Parcels 446RDUE and 448RDUE (5126 : Joint Motion and Stipulated Final Judgment -
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Packet Pg. 982 Attachment: Joint Motion and Stipulated Final Judgment - Parcels 446RDUE and 448RDUE (5126 : Joint Motion and Stipulated Final Judgment -