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Agenda 04/10/2018 Item #16K 404/10/2018 EXECUTIVE SUMMARY Recommendation to approve a Joint Motion and Stipulated Final Judgment in the amount of $12,000 for Parcel 422RDUE, in the lawsuit captioned Collier County v. Julio Alfonso Viltres, et al, Case No. 17-CA-1453, required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact: $10,400) OBJECTIVE: To approve a settlement of full compensation owed for the taking of Parcel 422RDUE required for the expansion of Golden Gate Boulevard from east of Everglades Boulevard to east of the Faka Union Canal (Segment 1 - Project No. 60145), hereinafter referred to as the “Project”. CONSIDERATIONS: On November 14, 2017, Collier County condemned Parcel 422RDUE and deposited $1,600 into the Court registry as a good faith estimate of value pursuant to an Order of Taking in the lawsuit styled Collier County v. Julio Alfonso Viltres, et al, Case No. 17-CA-1453. Parcel 422RDUE is a 3,225-sq. foot perpetual, non-exclusive road right-of-way drainage and utility easement required for the construction of the Project. An Aerial of Parcel 422RDUE is attached. The property owner's initial claim was $14,838. Through negotiations, the parties agreed to total compensation in the amount of $12,000. If approved, the County will be required to pay an additional $10,400 to Respondent. 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 $10,400 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. - SAS RECOMMENDATION: To approve the attached Joint Motion and Stipulated Final Judgment, and authorize the payment of funds as stated herein. Prepared By: Scott A. Stone, Assistant County Attorney ATTACHMENT(S) 1. Joint Motion and Stipulated Final Judgment; Parcel 422RDUE (PDF) 2. Aerial - Parcel 422RDUE (PDF) 16.K.4 Packet Pg. 1001 04/10/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.4 Doc ID: 5256 Item Summary: Recommendation to approve a Joint Motion and Stipulated Final Judgment in the amount of $12,000 for Parcel 422RDUE, in the lawsuit captioned Collier County v. Julio Alfonso Viltres, et al, Case No. 17-CA-1453, required for the Golden Gate Boulevard Expansion Project No. 60145. (Fiscal Impact: $10,400) Meeting Date: 04/10/2018 Prepared by: Title: Legal Office Administrator – County Attorney's Office Name: Debbie Allen 03/29/2018 9:02 AM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 03/29/2018 9:02 AM Approved By: Review: Transportation Engineering Jay Ahmad Additional Reviewer Completed 03/29/2018 9:07 AM Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 03/29/2018 10:13 AM Transportation Engineering Kevin Hendricks Additional Reviewer Completed 03/29/2018 10:24 AM Growth Management Department Gene Shue Additional Reviewer Completed 03/29/2018 11:31 AM Growth Management Department Lisa Taylor Additional Reviewer Completed 03/29/2018 11:42 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 03/29/2018 12:38 PM Growth Management Department Debbie Allen Deputy Department Head Review Skipped 03/29/2018 2:49 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 04/02/2018 8:27 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/02/2018 8:35 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/02/2018 9:12 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 04/02/2018 10:05 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 04/02/2018 2:31 PM Board of County Commissioners MaryJo Brock Meeting Pending 04/10/2018 9:00 AM 16.K.4 Packet Pg. 1002 16.K.4.a Packet Pg. 1003 Attachment: Joint Motion and Stipulated Final Judgment; Parcel 422RDUE (5256 : Joint Motion and Stipulated Final Judgment - $12,000.00 - 16.K.4.a Packet Pg. 1004 Attachment: Joint Motion and Stipulated Final Judgment; Parcel 422RDUE (5256 : Joint Motion and Stipulated Final Judgment - $12,000.00 - 16.K.4.a Packet Pg. 1005 Attachment: Joint Motion and Stipulated Final Judgment; Parcel 422RDUE (5256 : Joint Motion and Stipulated Final Judgment - $12,000.00 - 16.K.4.a Packet Pg. 1006 Attachment: Joint Motion and Stipulated Final Judgment; Parcel 422RDUE (5256 : Joint Motion and Stipulated Final Judgment - $12,000.00 - 16.K.4.a Packet Pg. 1007 Attachment: Joint Motion and Stipulated Final Judgment; Parcel 422RDUE (5256 : Joint Motion and Stipulated Final Judgment - $12,000.00 - 16.K.4.a Packet Pg. 1008 Attachment: Joint Motion and Stipulated Final Judgment; Parcel 422RDUE (5256 : Joint Motion and Stipulated Final Judgment - $12,000.00 - AERIAL – PARCEL 422RDUE GOLDEN GATE BLVD. PROJECT NO. 60145 / PARCEL 422RDUE EXISTING RIGHT-OF-WAY PER PLAT 16.K.4.b Packet Pg. 1009 Attachment: Aerial - Parcel 422RDUE (5256 : Joint Motion and Stipulated Final Judgment - $12,000.00 - Parcel 422RDUE - Project 60145-17-CA-