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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