Agenda 10/13/2015 Item #16K110/13/2015 16.K.1.
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion and Final Judgment in the amount of $1,400
for Parcel 172RDUE 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: $442)
OBJECTIVE: To settle the amount of full compensation for the taking of Parcel 172RDUE
condemned for improvements to Golden Gate Boulevard, Project No. 60040, hereinafter referred
to as the "Project."
CONSIDERATIONS: On July 9, 2015, Collier County condemned Parcel 172RDUE and
deposited $1,000.00 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 172RDUE is required for the construction of the Project and is a 2,625 square
foot right -of -way, drainage and utility easement on the north side of Golden Gate Boulevard over
a tract of land owned by Christopher Warburton. See attached aerial. Through negotiation, the
parties agreed to total compensation in the amount of $1,400.00. If approved, the County will be
required to pay an additional $400.00 toward the compensation for the property owner and
$42.00 in estimated recording costs.
The County Attorney's Office and Staff recommend approval of this Joint Motion and Final
Judgment since a better result is not anticipated at trial. Upon approval, the County Attorney's
Office will file the Joint Motion and Final Judgment with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $442.00 will be paid from gas taxes and /or impact
fees from Golden Gate Blvd Project 460040. 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: That the Board of County Commissioners approves the attached Joint
Motion and Final Judgment and authorizes the payment of funds as stated herein.
Prepared By: Emily Pepin, Assistant County Attorney
Attachments: (1) Joint Motion and Final Judgment; (2) Aerial of Parcel 172RDUE
15 -CA- 335/434
(15 -CA- 335/1211453/1]
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10/13/2015 16.K.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.1.
Item Summary: Recommendation to approve a Joint Motion and Final Judgment in the
amount of $1,400 for Parcel 172RDUE 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: $442)
Meeting Date: 10/13/2015
Prepared By
Name: AllenDebbie
Title: Legal Office Administrator, CAO Office Administration
9/24/2015 8:19:49 AM
Submitted by
Title: Assistant County Attorney, CAO Litigation
Name: PepinEmily
9/24/2015 8:19:50 AM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way, Growth Management Department
Date: 9/24/2015 9:33:33 AM
Name: PutaansuuGary
Title: Project Manager, Principal, Growth Management Department
Date: 9/24/2015 9:48:17 AM
Name: KearnsAllison
Title: Manager - Financial & Operational Sprt, Growth Management Department
Date: 9/24/2015 11:16:50 AM
Name: TaylorLisa
Title: Management/Budget Analyst, Senior, Growth Management Department
Date: 9/24/2015 2:46:51 PM
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Name: ShueGene
Title: Division Director-Operations Support, Growth Management Department
Date: 9/28/2015 5:13:54 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 9/29/2015 8:25:51 AM
Name: MarcellaJeanne
Title: Executive Secretary, Growth Management Department
Date: 9/29/2015 8:57:15 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/29/2015 9:43:30 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 9/29/2015 7:32:06 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 9/30/2015 10:04:45 AM
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10/13/2015 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,
V.
CHRISTOPHER C. WARBURTON, ET AL.,
Respondents.
Case No.: 15 -CA -335
Parcel Nos.: 172RDUE
JOINT MOTION FOR FINAL JUDGMENT
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Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, CHRISTOPHER
C. WARBURTON by and through their undersigned counsel, hereby respectfully move for entry
of the foregoing Final Judgment as to Parcel 172RDUE attached hereto as Exhibit "I".
Dated: 9 - / a - /z) .
CHRISTOPHER C. WARBURTON
191 Lincoln Street
Hackensack, NJ 07601
OWNER, Parcel 172RDUE
[IS-CA-335/119941 I / 1)
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Dated:
EMILY R. PEPIN, ESQUIRE
Florida Bar No. 92956
Collier County Attorney's Office
3299 East Tamiami Trail, Suite 800
Naples, FL 34112
Telephone: (239) 252 -8400
Facsimile: (239) 774 -0225
COUNSEL FOR PETITIONER
COLLIER COUNTY
emilypepinna,colliereov.net
j enniferbell2ediog,collieraov. net
nanc bradley(&,colliergov.net
10/13/2015 16.K.1.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Final
Judgment was electronically filed with the Florida Courts E- Filing Portal which will send a
notice by US mail to parties as indicated on the Service List below on this day of
.2015.
Christopher C. Warburton
191 Lincoln Street
Hackensack, NJ 07601 -3058
(I 5-CA-3351119941 14]
SERVICE LIST
PARCEL 172RDUE
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EMILY R. PEPIN, ESQUIRE
IN THE CIRCUIT COURT OF THE TWENTIETH
JUDICIAL CIRCUITIN 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 Nos.: 172RDUE
FINAL JUDGMENT
10/13/2015 16.K.1.
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent,
CHRISTOPHER C. WARBURTON, for entry of a Final Judgment as to Parcel 172RDUE 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, CHRISTOPHER C. WARBURTON, and the Court being otherwise fully
advised in the premises thereof, it is thereupon
ORDERED that Respondent, CHRISTOPHER C. WARBURTON, have and recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of ONE THOUSAND FOUR
HUNDRED and No /100 Dollars ($1,400.00) for Parcel 172RDUE, as full payment for the
property interest taken and for damages resulting to the remainder, if less than the entire property
{ 15 -CA -335/ l 19941 111)
Exhibit "1" to Joint Motion for Final Judgment
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1
10/13/2015 16.K.1.
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 ONE THOUSAND AND
No /100 Dollars ($1,000.00), as payment for acquisition of Parcel 172RDUE, 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 Final Judgment, the Clerk shall
disburse from the Court Registry the amount of ONE THOUSAND AND No /100 Dollars
($1,000.00) to Christopher C. Warburton, 191 Lincoln Street, Hackensack, New Jersey 07601, it is
further
ORDERED that within thirty (30) days hereof, Petitioner shall pay an additional sum of
FOUR HUNDRED AND No /100 Dollars (5400.04) to Christopher C. Warburton, 191 Lincoln
Street, Hackensack, New Jersey 07601 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
172RDUE and that have or could have been asserted in this cause; it is further
ORDERED that the perpetual road right -of -way, utility and drainage interest to Parcel
172RDUE, 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 172RDUE; it is further
[15 -CA -335 /1199411/1)
Exhibit "1" to Joint Motion for Final Judgment
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10/13/2015 16. K.1.
ORDERED that the Court reserves jurisdiction to enforce the terms of this Stipulated
Final Judgment; it is further
ORDERED that this 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 , 20,
HONORABLE JAMES R. SHENKO
CIRCUIT COURT JUDGE
conformed copies to:
Emily R. Pepin, Esq., Counsel for Petitioner, emilypepinQ),collier ov.net
Christopher C. Warburton, Owner, Parcel 172RDUE, 191 Lincoln St., Hackensack, NJ 07601
Kevin Hendricks, Transportation ROW Acquisition Manager, kevinhendrieks(a)collier ore v.net
Clerk's Office, Accounting
15- CA- 3351422
[15- CA- 335!1199411111
Exhibit "1" to Joint Motion for Final Judgment
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Exhibit "1" to Joint Motion for Final Judgment
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BIT "A"
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