Agenda 05/11/2021 Item #16K 5 (Stipulated Final Judgement Parcel 1226FEE Project #60168)05/11/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $110,000.00 plus
statutory attorney’s fees and costs of $24,727.00, and $170 Clerk’s Fee for the taking of Parcel
1226FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168.
OBJECTIVE: To settle full compensation for the taking of Parcel 1226FEE required for the
construction of Vanderbilt Beach Road, Project 60168.
CONSIDERATIONS: On September 22, 2020, the Board authorized, via Resolution No. 2020-175, the
condemnation of Parcel 1226FEE 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., 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, northern boundary of the property and is approximately 36,300
square feet (.83 acres) in size. The parent tract is owned by Advanta IRA Services, LLC and Eugene R.
Delucia IRA and contains five acres of gross land area, which will be reduced to 4.17 acres after the
acquisition. An aerial photograph of the subject property is attached to this item for reference. The
County’s appraisal estimated full compensation at $91,6000 including severance damages. The property
owners’ initial demand was $147,200. The attached Stipulated Final Judgmen t reflects a negotiated total
compensation amount of $110,000, plus statutory attorney’s fees in the amount of $15,180.00, appraisal
costs of $3,500.00, and engineering costs of $6,047.00, for a total amount of $134,727. If approved by
the Board, the County is required to deposit $134,727.00, plus the Clerk’s deposit fee of $170.00.
The Transportation Engineering Division recommends approval of this Stipulated Final Judgment since a
better result is not anticipated at trial. Upon approval, the County Att orney’s Office will file the Joint
Motion and Stipulated Final Judgment with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $43,297.00 are available in the Vanderbilt Beach Road
Expansion Project Capital Fund, Project 60168 as the County is ent itled to a credit of $91,600 deposited
into the Court Registry at the time of the Order of Taking. 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 the attached Joint Motion and Stipulated Final Judgment and
authorizes the payment of funds as stated herein.
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering
Division, Growth Management Department
ATTACHMENT(S)
1. Delucia SFJ 1226FEE (PDF)
2. Aerial Exhibit (PDF)
16.K.5
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05/11/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doc ID: 15750
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of
$110,000.00 plus statutory attorney’s fees and costs of $24,727.00, and $170 Clerk’s Fee for the taking of
Parcel 1226FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168.
Meeting Date: 05/11/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
04/30/2021 2:52 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
04/30/2021 2:52 PM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 04/30/2021 3:06 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 05/03/2021 8:11 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 05/03/2021 10:06 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 05/04/2021 11:51 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/04/2021 11:59 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 05/04/2021 2:00 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/04/2021 3:52 PM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 05/04/2021 5:50 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/11/2021 9:00 AM
16.K.5
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16.K.5.a
Packet Pg. 1040 Attachment: Delucia SFJ 1226FEE (15750 : Approve Stipulated Final Judgmemt for Parcell 1226FEE in the Vanderbilt Beach Road Extension
16.K.5.a
Packet Pg. 1041 Attachment: Delucia SFJ 1226FEE (15750 : Approve Stipulated Final Judgmemt for Parcell 1226FEE in the Vanderbilt Beach Road Extension
16.K.5.a
Packet Pg. 1042 Attachment: Delucia SFJ 1226FEE (15750 : Approve Stipulated Final Judgmemt for Parcell 1226FEE in the Vanderbilt Beach Road Extension
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Packet Pg. 1043 Attachment: Delucia SFJ 1226FEE (15750 : Approve Stipulated Final Judgmemt for Parcell 1226FEE in the Vanderbilt Beach Road Extension
AERIAL – PARCEL 1226FEE
VANDERBILT BEACH ROAD EXT. PROJECT NO. 60168
PARCEL 1226FEE
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16.K.5.b
Packet Pg. 1044 Attachment: Aerial Exhibit (15750 : Approve Stipulated Final Judgmemt for Parcell 1226FEE in the Vanderbilt Beach Road Extension Project)