Agenda 03/23/2021 Item #16K2 (Settlement Agreement - Parcel 1165FEE Project #60168)03/23/2021
EXECUTIVE SUMMARY
Recommendation to approve a pre-suit Mediated Settlement Agreement for the total amount of
$105,669 for the taking of Parcel 1165FEE, required for the Vanderbilt Beach Road Expansion
Project [Project No., 60168].
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1165FEE required for the expansion
of Vanderbilt Beach Road, Project 60168.
CONSIDERATIONS: On September 22, 2020, the Board authorized, via Resolution No. 2020-175, the
condemnation of Parcel 1165FEE for the construction of roadway, drainage and utility improvements
required for the expansion and extension of Vanderbilt Beach Road from Collier Blvd., to east of 16th
Street NE, and Massey Street from Vanderbilt Beach Road to south of Mockingbird Dr., and for
providing access to the improvements in order to protect the health, safety and welfare of the citizens of
Collier County. The fee simple acquisition area consists of a strip taking along the rear, southerly
boundary of the property, is approximately 18,000 square feet in size, and is owned by Dwight and
Noreen E. Bill. The parent tract contains 2.73 acres of gross land area, which will be reduced to 2.32 acres
after the acquisition, as well as a single-family residence. An aerial photograph of the subject property is
attached to this item for reference.
At Mediation, the property owners, through counsel, presented their claim of full compensation in the
amount of $151,000.00 plus expert fees, attorney fees, and costs. The County’s Appraisal valued the
parcel at $50,700. At mediation, the parties agreed to a settlement of $85,000.00 for the property taken,
including all damages, and the cost-to cure. The statutory attorney’s fee is $11,319.00, and the total
expert fees and costs are $9,350.00, bringing the total settlement figure to $105,669.00. The
Transportation Engineering Division recommends that the Board approve the Mediated Settlement
Agreement since a better result is not anticipated at trial. Should this case be required to proceed to a jury
trial, the expert witness fees and costs required by both parties would increase substantially. If this item is
approved, the County will be obligated to pay a fee of $170 for the Clerk’s fee to deposit into the Court
Registry, bringing the total fiscal impact to $105,839.00.
Upon approval, the County Attorney’s Office will file a Joint Motion with the Circuit Court incorporating
the same terms as the attached Mediated Settlement Agreement.
FISCAL IMPACT: Funds in the amount of $105,839.00 are available in the Vanderbilt Beach Road
Expansion Project Capital Fund, Project 60168. The primary funding source for the acquisition is impact
fees. Should impact fees not be sufficient within the 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. - CMG
RECOMMENDATION: To approve a pre-suit Mediated Settlement Agreement for the total amount of
$105,669.00 for the taking of Parcel 1165FEE, required for the Vanderbilt Beach Road Expansion
Project, Project 60168.
PREPARED BY: Robert Bosch, Manager, Right of Way Acquisition, Transportation Engineering
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ATTACHMENT(S)
1. Bill - Fully Executed Mediated Settlement Agreement (PDF)
2. Aerial - 1165FEE (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2
Doc ID: 15337
Item Summary: Recommendation to approve a pre-suit Mediated Settlement Agreement for the
total amount of $105,669 for the taking of Parcel 1165FEE, required for the Vanderbilt Beach Road
Expansion Project [Project No. 60168].
Meeting Date: 03/23/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Jessica Hayes
03/16/2021 4:42 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/16/2021 4:42 PM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 03/17/2021 8:37 AM
Growth Management Department Michael Cox Level 1 Reviewer Skipped 03/17/2021 8:17 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 03/17/2021 8:42 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 03/17/2021 8:57 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 03/17/2021 9:38 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 03/17/2021 9:50 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 03/17/2021 10:00 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/17/2021 10:02 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/17/2021 10:42 AM
Office of Management and Budget MaryJo Brock Additional Reviewer Skipped 03/17/2021 10:50 AM
Office of Management and Budget MaryJo Brock Additional Reviewer Skipped 03/17/2021 10:51 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 03/17/2021 11:06 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/17/2021 11:11 AM
Board of County Commissioners MaryJo Brock Meeting Pending 03/23/2021 9:00 AM
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Packet Pg. 1415 Attachment: Bill - Fully Executed Mediated Settlement Agreement (15337 : Settlement Agreement CC v. Bill)
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Packet Pg. 1416 Attachment: Bill - Fully Executed Mediated Settlement Agreement (15337 : Settlement Agreement CC v. Bill)
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Packet Pg. 1417 Attachment: Bill - Fully Executed Mediated Settlement Agreement (15337 : Settlement Agreement CC v. Bill)
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Packet Pg. 1418 Attachment: Bill - Fully Executed Mediated Settlement Agreement (15337 : Settlement Agreement CC v. Bill)
AERIAL – 1165FEE (VANDERBILT BEACH RD. EXT. PROJECT 60168)
PARCEL 1165FEE
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Packet Pg. 1419 Attachment: Aerial - 1165FEE (15337 : Settlement Agreement CC v. Bill)