Agenda 09/08/2020 Item #16K1 (Stipulated Final Judgement)09/08/2020
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion and Stipulated Final Judgment in the amount of
$10,000 for Parcel 180RDUE, plus statutory attorney’s fees and costs in the amount of $2,805, in
the lawsuit captioned Collier County, Florida v. Christopher C. Warburton, et al, Case No. 15-CA-
335, required for the widening of Golden Gate Boulevard, Project No. 60040.
OBJECTIVE: To settle the amount of full compensation for the taking of Parcel 180RDUE, 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 9, 2015, Collier County condemned Parcel 180RDUE and deposited
$2,500.00 into the Court Registry as a good faith estimate of value pursuant to an Order of Taking in the
case captioned Collier County v. Christopher Warburton, et al., Case No. 15-CA-335. Parcel 180RDUE
was required for the construction of the Project and is a 6,600-square foot perpetual, non-exclusive right-
of-way, drainage and utility easement on Golden Gate Boulevard over a tract of land owned by Alfred
DiLoreto and Catherine A. DiLoreto. See attached aerial. Through negotiation, the parties agreed to total
compensation in the amount of $10,000, plus statutory attorney’s fees and costs in the amount of
$2,805.00. If approved, the County will be required to pay an additional $10,305.00.
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 trial. Upon approval, the County
Attorney’s Office will file the Joint Motion with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $10,305.00 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 prepared by the County Attorney’s Office, is
approved as to form and legality, and requires a majority vote for Board approval. - CMG
RECOMMENDATION: To approve the attached Joint Motion and Stipulated Final Judgment and
authorize the payment of funds as stated herein.
Prepared By: Colleen M. Greene, Assistant County Attorney
ATTACHMENT(S)
1. Joint motion and stipulated final judgment Parcel 180RDUE (PDF)
2. Aerial of Parcel 180RDUE (PDF)
16.K.1
Packet Pg. 2999
09/08/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doc ID: 12992
Item Summary: Recommendation to approve a Joint Motion and Stipulated Final Judgment in the
amount of $10,000 for Parcel 180RDUE, plus statutory attorney’s fees and costs in the amount of $2,805,
in the lawsuit captioned Collier County, Florida v. Christopher C. Warburton, et al, Case No. 15-CA-335,
required for the widening of Golden Gate Boulevard, Project No. 60040.
Meeting Date: 09/08/2020
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
07/23/2020 9:42 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
07/23/2020 9:42 AM
Approved By:
Review:
Growth Management Department Lisa Taylor Additional Reviewer Completed 07/23/2020 9:49 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 07/23/2020 1:39 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 07/23/2020 2:12 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 07/27/2020 2:23 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 07/28/2020 9:33 AM
Growth Management Department Gene Shue Additional Reviewer Completed 07/30/2020 3:33 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 08/03/2020 8:51 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 08/03/2020 10:10 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/03/2020 10:31 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/03/2020 2:19 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/05/2020 3:35 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 09/01/2020 9:42 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/08/2020 9:00 AM
16.K.1
Packet Pg. 3000
16.K.1.a
Packet Pg. 3001 Attachment: Joint motion and stipulated final judgment Parcel 180RDUE (12992 : Approval of Joint Motion in Collier County v. Warburton, Case
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Packet Pg. 3002 Attachment: Joint motion and stipulated final judgment Parcel 180RDUE (12992 : Approval of Joint Motion in Collier County v. Warburton, Case
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Packet Pg. 3003 Attachment: Joint motion and stipulated final judgment Parcel 180RDUE (12992 : Approval of Joint Motion in Collier County v. Warburton, Case
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Packet Pg. 3004 Attachment: Joint motion and stipulated final judgment Parcel 180RDUE (12992 : Approval of Joint Motion in Collier County v. Warburton, Case
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Packet Pg. 3005 Attachment: Joint motion and stipulated final judgment Parcel 180RDUE (12992 : Approval of Joint Motion in Collier County v. Warburton, Case
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Packet Pg. 3006 Attachment: Joint motion and stipulated final judgment Parcel 180RDUE (12992 : Approval of Joint Motion in Collier County v. Warburton, Case
AERIAL – PARCEL 180RDUE
(Golden Gate Boulevard Project No. 60145)
EXISTING RIGHT-OF-WAY PER PLAT
/
PARCEL 180RDUE
16.K.1.b
Packet Pg. 3007 Attachment: Aerial of Parcel 180RDUE (12992 : Approval of Joint Motion in Collier County v. Warburton, Case No. 15-CA-335)