Agenda 04/26/2016 Item #16K 1 4/26/2016 16.K.1 .
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion and proposed Stipulated Final Judgment in
the amount of$12,500 for Parcel 175RDUE 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: $3,300)
OBJECTIVE: To settle the amount of full compensation for the taking of Parcel 175RDUE
which was 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 175RDUE and
deposited $9,200.00 into the Court Registry as a good faith estimate of value pursuant to an
Order of Taking in the case styled Collier County v. Christopher Warburton, et al., Case No. 15-
CA-335. Parcel 175RDUE is required for the construction of the Project and is a 3,750 square
foot 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 Nolan Sanchez. See attached aerial. Aside
from the cost of the land itself, the parties disagreed on the cost of the landscape improvements
within the take, which included several trees. Through negotiation, the parties agreed to total
compensation in the amount of$12,500.00. If approved, the County will be required to pay an
additional $3,300.00.
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 $3,300.00 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 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
Attachments:
1) Aerial of Parcel 175RDUE
2) Joint Motion and Stipulated Final Judgment
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.1.
Item Summary: Recommendation to approve a Joint Motion and proposed Stipulated
Final Judgment in the amount of$12,500 for Parcel 175RDUE 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: $3,300)
Meeting Date: 4/26/2016
Prepared By
Name: AllenDebbie
Title: Legal Office Administrator, CAO Office Administration
4/12/2016 9:46:29 AM
Submitted by
Title: Assistant County Attorney, CAO Litigation
Name: PepinEmily
4/12/2016 9:46:31 AM
Approved By
Name: KearnsAllison
Title: Manager-Financial&Operational Sprt, Capital Construction&Maintenance Budget/Fiscal
Date: 4/12/2016 10:21:48 AM
Name: HendricksKevin
Title: Manager-Right of Way,Transportation Engineering&Construction Management
Date: 4/12/2016 10:57:22 AM
Name: ShueGene
Title: Division Director-Operations Support, Growth Management Department
Date: 4/13/2016 11:50:34 AM
Name: AhmadJay
Title: Division Director-Transportation Eng,Transportation Engineering&Construction Management
Date: 4/13/2016 3:18:28 PM
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Name: TaylorLisa
Title: Management/Budget Analyst, Senior, Capital Construction&Maintenance Budget/Fiscal
Date: 4/15/2016 7:09:13 AM
Name: WilkisonDavid
Title: Department Head-Growth Management Dept, Growth Management Department
Date: 4/15/2016 7:55:26 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 4/15/2016 9:03:25 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/15/2016 1:35:20 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 4/18/2016 10:37:25 AM
Name: CasalanguidaNick
Title: Deputy County Manager,County Managers Office
Date: 4/18/2016 1:12:29 PM
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AERIAL PHOTO OF SANCHEZ PROPERTY SHOWING OLD& NEW RIGHT—GOF WAY LINES
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4/26/2016 16.K.1.
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, Case No.: 15-CA-335
V.
PARCEL: 175RDUE
CHRISTOPHER C. WARBURTON, ET AL.,
Respondents.
PETITIONER COLLIER COUNTY AND PRO SE RESPONDENT NOLAN SANCHEZ'S
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, through undersigned
counsel, together with Pro Sc Respondent, NOLAN D. SANCHEZ, and hereby respectfully
move for entry of the Stipulated Final Judgment as to Parcel 175RDUE attached hereto as
Exhibit"1".
Dated: Dated: (1141-2) (e7
EMILY R. PEPIN,ESQUIRE (Pi LAN D. 4FANCHEZ
Florida Bar No, 92956 Pro Sc Respondent
Collier County Attorney's Office 661 Golden Gate Boulevard East
3299 East Tamiami Trail. Suite 800 Naples, FL 34120-9311
Naples, FL 34112
Telephone: (239) 252-8400
Facsimile: (239) 774-0225
COUNSEL FOR PETITIONER
emilypepitqcolliergov.net
jenniferbelpedio@colliergov.net
nancybradlev@colliergov.net
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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,
Case No.: 15-CA-335
v.
PARCEL: 175RDUE
CHRISTOPHER C. WARBURTON, ET AL., •
Respondents.
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA,by and through its undersigned counsel, and Pro Se Respondent
NOLAN D. SANCHEZ, for entry of a Stipulated Final Judgment as to Parcel 175 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 Respondent,
NOLAN D. SANCHEZ, and the Court being otherwise fully advised in the premises thereof, it is
thereupon
Exhibit"1" to Joint Motion for Stipulated Final Judgment
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ORDERED AND ADJUDGED that Respondent, NOLAN D. SANCHEZ, have and
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of TWELVE
THOUSAND FIVE HUNDRED and No/100 Dollars ($12,500.00) for Parcel 175RDUE, 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 $9,200.00, as payment for
acquisition of Parcel 175RDUE, 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 of entry of this Stipulated Final Judgment, the
Clerk shall disburse from the Court Registry the amount of NINE THOUSAND TWO
HUNDRED and No/100 Dollars ($9,200.00) to Nolan.D. Sanchez, 661 Golden Gate Blvd. E.,
Naples, FL 34120; it is further
ORDERED that within thirty (30) days hereof, Petitioner shall pay the total sum of
THREE THOUSAND THREE HUNDRED and No/100 Dollars ($3,300.00) to Nolan D.
Sanchez, 661 Golden Gate Blvd. E., Naples, FL 34120, 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
175RDUE and that have or could have been asserted in this cause; it is further
Exhibit"1"to Joint Motion for Stipulated Final Judgment
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• 4/26/2016 16.K.1.
ORDERED that the perpetual, non-exclusive, road right-of-way, drainage, and utility
easement interest to Parcel 175RDUE, being fully described in Exhibit "A" attached hereto and
incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated July 9, 2015,
and the deposit of money heretofore made, is approved,ratified, and confirmed; it is further
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 ,2016.
HONORABLE JAMES R. SHENKO
CIRCUIT COURT JUDGE
conformed copies to:
Emily R. Pepin, Esq., Counsel for Petitioner, emilypepm gcolliergov.net
Nolan D. Sanchez,Pro Se Respondent, 661 Golden Gate Boulevard East, Naples,FL 34120-9311
Kevin Hendricks, Transportation ROW Acquisition Manager,kevinhendricks @colliergov.net
Clerk's Office, Accounting
15-CA-335/#489
Exhibit"1" to Joint Motion for Stipulated Final Judgment
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!EX BIT"A"
WEST 150' of ACE
TRACT 110 OR 2248/2305
SANCHEZ
OR 3198/2831
TRACT 109 - 11 TRACT 143
GOLDEN GATE ESTATES
UNrr 14
PLAT BOOK 7 PAGE 74
N
•
W E .
RIS
4 _ 25' PANEL 175 POUN1SErF] 111
r --
1
1O as1°° ,/,/ f'/� lntoo t Wt } t
r GOLDIN w7E 9011LEWWD (CR 1178)
OR OFFICIAL RECORDS (BOCOC/PANAq j(
® PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE)
re/I1 EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL.
USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 74
I.
LEGAL DESGRPTION FOR PARCEL 175 ROUE
A PORTION OF TRACT 110, GOLDEN CATE ESTATES, UNT 14 AS RECORDED IN PLAT BOOR 7, PAGE 74 OF THE
PuaUC RECORDS OF COWER coupon. FLORIDA. LYING IN SECTION 3. TOWNSHIP 49 wont RANEE 27 EAST.
COWER COUNTY, FLARTEA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. .
THE NORM 25 FEET OF THE SOUTH 75 FEET OF THE WEST 150 FEET of SAID TRI16T.1 .
CONTAINING 3,750 SQUARE FEET, MORE OR LESS. ALL'SKETCH k DESCRIPTION ONLY � a
NOT A BOUNDARY SURVEY _ _ '- ave�ra a rvra
y�tnxeunceM.: / -
FOR COWER COUNTY Qo ER COW Of COUNTY 03mINS 10NERS AURA 1 wpm Mania:( -.+ amnia mew or
GOLDEN GATT HOMINOID P
SICRTCR k DT9CHTPTtON OF PROPOSED ROADWAY EABETiJNT D. oia„ A adl
PARCEL 178 ROVE
Ho W COLLE COMM, FLORIDA
Now tamma.ord McCpm0045,
JOB NUMBER REVISION rSECDON TOWNSHIP RANGE l SCALE 16M.E r �!
051321T.00 00 00071 I 3 49 1 27 I 1- . 80' 1 2Q8 MAN I U 4 51(75) ! 1 OF�1
Exhibit "1" +^ T^'n+ TLR^+'on for Stipulated Final Judgment
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