Agenda 12/12/2017 Item #16K1012/12/2017
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion and proposed Stipulated Final Judgment in the
amount of $11,500 for Parcel 178RDUE in the case styled Collier County v. Christopher Warburton,
et al., Case No. 15-CA-335 required for the widening of Golden Gate Boulevard, Project No. 60040.
(Fiscal Impact: $8,500)
OBJECTIVE: To settle the amount of full compensation for the taking of Parcel 178RDUE condemned
as part of the widening of Golden Gate Boulevard from Wilson Boulevard to 20th Street East, Project No.
60040, hereinafter referred to as the “Project.”
CONSIDERATIONS: On July 14, 2015, Collier County condemned Parcel 178RDUE and deposited
$3,000 into the Court Registry as a good faith estimate of value pursuant to an Order of Taking in t he case
styled Collier County v. Christopher Warburton, et al., Case No. 15-CA-335. Parcel 178RDUE was
required for the construction of the Project and is a 7,920-square foot right-of-way perpetual, non-
exclusive right-of-way, drainage and utility easement on the north side of Golden Gate Boulevard over a
tract of land owned by Lonnie L. Lyons and Leslie N. Lyons. See attached aerial. Through negotiation,
the parties agreed to total compensation in the amount of $11,500, which includes attorney’s fees, expert
fees, and costs. If approved, the County will be required to pay an additional $8,500.
The County Attorney’s Office and Staff recommend approval of this Joint Motion and proposed
Stipulated Final Judgment since a better result is not anticipated at t rial. Upon approval, the County
Attorney’s Office will file the Joint Motion with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $8,500 will be paid from gas taxes and/or impact fees from
Golden Gate Blvd Project No. 60040. 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 the attached Joint Motion and proposed Stipulated Final Judgment
and authorize the payment of funds as stated herein.
Prepared by: Emily Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Joint Motion for Stipulated Final Judgment - Parcel 178RDUE (PDF)
2. Aerial Photo Showing Parcel 178RDUE (PDF)
12/12/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.10
Doc ID: 4335
Item Summary: Recommendation to approve a Joint Motion and proposed Stipulated Final
Judgment in the amount of $11,500 for Parcel 178RDUE in the case styled Collier County v. Christopher
Warburton, et al., Case No. 15-CA-335 required for the widening of Golden Gate Boulevard, Project No.
60040. (Fiscal Impact: $8,500)
Meeting Date: 12/12/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
12/04/2017 11:06 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
12/04/2017 11:06 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 12/04/2017 11:07 AM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 12/04/2017 11:18 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 12/04/2017 2:06 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 12/04/2017 3:20 PM
Growth Management Department Gene Shue Additional Reviewer Completed 12/04/2017 5:35 PM
Growth Management Operations Support Allison Kearns Additional Reviewer Completed 12/06/2017 9:16 AM
Growth Management Department James French Deputy Department Head Review Skipped 12/04/2017 6:11 PM
County Attorney's Office Debbie Allen Level 2 Attorney Review Skipped 12/05/2017 9:16 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/06/2017 3:22 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/06/2017 3:25 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 12/06/2017 3:47 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/06/2017 4:13 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 12/06/2017 4:19 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Petitioner.
V.
CHRISTOPHER C. WARBURTON, ET AL.,
Respondents.
Case No.: 15 -CA -335
PARCEL: 178RDUE
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents,
LONNIE L. LYONS and LESLIE N. LYONS, through undersigned counsel, and hereby
respectfully move for entry of the Stipulated Final Judgment as to Parcel 178RDUE attached
hereto as Exhibit "I ".
EMILY R. PEPIN. ESQUIRE
Florida Bar No. 92956
Collier County Attorney's Office
3299 East Tamiami "rrail, Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
Facsimile: (239) 774-0225
COUNSEL FOR I'ET1770NER
emilypeninncollier gov.net
tenni ferbell2edioncollieruov.net
nailcvbradlcv@collierp-oN,.net
MICHAIII R. W111'11'. ESQUIRE
orida t3�No. 0725020
'�obins Kaplan LLP
711 1:1ttll Avenue South. Suite 201
Naples, FL 34102
Telephone: (239) 430-7070
Facsimile: (239) 213-1970
mwhitt(ir)rc�binskaplan.com
awamback, robinskaplan.cam
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated
Final Judgment was electronically filed with the Florida Courts E -Filing Portal which will send a
notice of electronic filing to parties appearing via electronically, and by U.S. mail to parties as
indicated on the Service List below on this day of , 2017.
SERVICE LIST
PARCEL 178RDUE
Lonnie L. Lyons and Leslie N. Lyons
c/o Michael R. Whitt, Esquire
Robins Kaplan, LLP
MWhittkrobinskanlan.com
AWambackgrobinskaplan.com
[I 5 -CA -33 5/ 13 80985/ 11
EMILY R. PEPIN, ESQUIRE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Petitioner,
V.
CHRISTOPHER C. WARBURTON, ET AL.,
Respondents.
Case No.: 15 -CA -335
PARCEL: 178RDUE
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, together with Respondents, LONNIE L. LYONS and LESLIE
N. LYONS, through undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 178
for Project No. 60040, and it appearing to the Court that the parties are authorized to make such
Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation
due the Respondents, LONNIE L. LYONS and LESLIE N. LYONS, and the Court being
otherwise fully advised in the premises thereof, it is thereupon
[15 -CA -335/1380985/1 ]
ORDERED AND ADJUDGED that Respondents, LONNIE L. LYONS and LESLIE N.
LYONS, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of
ELEVEN THOUSAND FIVE HUNDRED and No/100 Dollars ($11,500.00) for Parcel
178RDUE, as full payment for the property interest taken and for damages resulting to the
remainder, if less than the entire property was taken, and for all other damages, statutory interest,
attorney's fees, and expert fees and costs in connection with said parcel; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the
good faith estimate of value previously deposited in the amount of $3,000.00, as payment for
acquisition of Parcel 178RDUE, at which time title to said parcel as described in Exhibit "A"
vested in the name of the Petitioner; it is further
ORDERED that within thirty (30) days hereof, Petitioner shall pay the total sum of
EIGHT THOUSAND FIVE HUNDRED and No/100 Dollars ($8,500.00) to Robins Kaplan
trust Account, c/o Michael R. Whitt, Esq., 711 Fifth Avenue South, Suite 201, Naples, F134102, in
additional funds over the amount previously deposited into the Court Registry; it is further
ORDERED that this Order disposes of all claims arising out of the taking of Parcel
178RDUE and that have or could have been asserted in this cause; it is further
ORDERED that the perpetual, non-exclusive, road right-of-way, drainage, and utility
easement interest to Parcel 178RDUE, being fully described in Exhibit "A" attached hereto and
incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated July 14, 2015
is hereby ratified, and
[I 5-CA-335/1380985/1
ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above -styled
cause and recorded in Official Record Book 5123, Page 1186 of the Public Records of Collier
County, Florida be dismissed as to Parcel 175RDUE; it is further
ORDERED that the Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment; it is further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of
Collier County, Florida; it is further
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this
day of , 2017.
HONORABLE JAMES R. SHENKO
CIRCUIT COURT JUDGE
conformed copies to:
Emily R. Pepin, Esq., Counsel for Petitioner, emilypepinkcollier og v.net
Michael R. Whitt, Esq., Counsel for Respondent, MWhittgrobinskaplan.com
[I 5 -CA -33 5/13 80985/11
GOLDEN GATE BOULEVARD (CR 876)
68+00 69+00 70+00 71+0 72+00 73+0� 0
50'
U
i
O
N
8 44'
ZN
PROPOSED ROADWAY EASEMENT
PARCEL 178 RDUE
7,920 SO. FT.
0
WEST 180' OF
rr TRACT 129
3.
G
A TRACT 129
GOLDEN GATE ESTATES
UNIT 13
f PLAT BOOK 7 PAGE 72
R
i TRACT 128 TRACT 130
A
g LYONS & LYONS DILORETO
a OR 2520/894 OR 606/761
i
m
N
W E
S
SQ. FT. SQUARE FEET
OR OFFICIAL RECORDS (BOOK/PAGE)
® PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE)
EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL
USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 72
LEGAL DESCRIPTION FOR PARCEL 178 RDUE
A PORTION OF TRACT 129, GOLDEN GATE ESTATES, UNIT 13 AS RECORDED IN PLAT BOOK 7, PAGE 72 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
THE SOUTH 44 FEET OF THE NORTH 94 FEET OF THE WEST 180 FEET OF SAID TRACT 129.
CONTAINING 7,920 SQUARE FEET, MORE OR LESS. TT'rM - ROW
FEB 0 1 2010
0 40 80 160 9y
SKETCH & DESCRIPTION ONLY MIAEL A. WARD. PROFESSIONAL SURVEYOR 6 MAPPER
FtoRmA 0"'rziL
C FlCATE NO. 5901
SIGNING
NOT A BOUNDARY SURVEY scnLe: l aeo' A �b
NOT VALID WITTIOUT TME A E B RAND APPER.EMBOSSED SEAL OF
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLORIDA REGISTERED PSURVEYOR AND MAPPER.
GOLDEN GATE BOULEVARD Tj XfA u'
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT CONSULTING Cm7B*oo=
AL %. v r.L i s..brms&��
PARCEL 178 RDUE 6610 Wk. Park Orale, S.118 200
COLLIER COUNTY, FLORIDA Nep0575 F X34109o9
Phone: (298) 5877-0575 FAX: (239) 597-0578
LB No.: 6952
JOB NUMBER REVISION I SECTION TOWNSHIP RANGE I SCALEDATE DRAWN BY FILE NAME SHEET
050217.00.01 0001 REV 01 3 49 27 1 = 80' DEC. 2009 R.Y. SK 178 1 OF 1
AERIAL PHOTO OF PARCEL 178RDUE
PARCEL 178RDUE -
EXISTING ROW