Agenda 05/25/2021 Item #16K 9 (Stipulated Final Judgement Parcels 324RDUE/324TDRE Project #60168)05/25/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $105,000.00, plus
statutory attorneys’ fees and costs in the amount of $18,887.25, for the total amount of $123,887.25
for the taking of Parcels 324RDUE and 324TDRE, required for the Vanderbilt Beach Road
Expansion Project, Project No., 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcels 324RDUE and 324TDRE 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 324RDUE/TDRE 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 2,476 square foot
Road Right-of-Way, Drainage and Utility Easement and 819 square foot Temporary Driveway
Restoration Easement are located in the front yard of this parcel, owned by Saralane Harrer and Murray
A. Hankin, with access to Wilson Blvd. The easement area requires taking a portion of the asphalt
driveway, brick paver parking area, landscaping and a complete driveway redesign and restoration. An
aerial photograph of the subject property is attached to this item for reference. The County’s appraisal
estimated full compensation for the parcels at $79,800 inclusive of severance damages. The property
owners’ initial demand was $151,300.00, plus statutory attorney’s fees and expert costs. Through
negotiations, the parties agreed to total compensation in the amount of $105,000, plus statutory attorneys’
fees and costs in the amount of $18,887.25, for a total amount of $123,887.25. If approved by the Board,
the County is required to deposit $44,087.25, 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 Attorney’s Office will file the Joint
Motion and Stipulated Final Judgment with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $44,257.25 are available in the Vanderbilt Beach Road
Expansion Project Capital Fund, Project 60168 which includes the $170 Clerk’s deposit fee. The County
is entitled to a credit of $79,800.00 deposited into the Court Registry based on the good faith estimate of
value. 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
authorize the payment of funds as stated herein.
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering
Division, Growth Management Department
ATTACHMENT(S)
1. Revised Joint Motion Final Judgment - Parcel 324 Final (PDF)
16.K.9
Packet Pg. 1970
05/25/2021
2. Aerial 60168-324RDUE-TDRE(1) (PDF)
16.K.9
Packet Pg. 1971
05/25/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.9
Doc ID: 15931
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$105,000.00, plus statutory attorneys’ fees and costs in the amount of $18,887.25, for the total amount of
$123,887.25 for the taking of Parcel 324RDUE/TDRE, required for the Vanderbilt Beach Road
Expansion Project, Project No., 60168.
Meeting Date: 05/25/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Jessica Hayes
05/17/2021 11:04 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
05/17/2021 11:04 AM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 05/17/2021 11:42 AM
Transportation Engineering Anthony Khawaja Additional Reviewer Completed 05/17/2021 12:47 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 05/17/2021 4:04 PM
Growth Management Department Trinity Scott Additional Reviewer Completed 05/17/2021 5:01 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 05/18/2021 9:32 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/18/2021 9:58 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/18/2021 11:37 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 05/18/2021 12:35 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 05/19/2021 10:06 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/25/2021 9:00 AM
16.K.9
Packet Pg. 1972
16.K.9.a
Packet Pg. 1973 Attachment: Revised Joint Motion Final Judgment - Parcel 324 Final (15931 : a Stipulated Final Judgment for Vanderbilt Beach Road
16.K.9.a
Packet Pg. 1974 Attachment: Revised Joint Motion Final Judgment - Parcel 324 Final (15931 : a Stipulated Final Judgment for Vanderbilt Beach Road
16.K.9.a
Packet Pg. 1975 Attachment: Revised Joint Motion Final Judgment - Parcel 324 Final (15931 : a Stipulated Final Judgment for Vanderbilt Beach Road
16.K.9.a
Packet Pg. 1976 Attachment: Revised Joint Motion Final Judgment - Parcel 324 Final (15931 : a Stipulated Final Judgment for Vanderbilt Beach Road
16.K.9.a
Packet Pg. 1977 Attachment: Revised Joint Motion Final Judgment - Parcel 324 Final (15931 : a Stipulated Final Judgment for Vanderbilt Beach Road
16.K.9.a
Packet Pg. 1978 Attachment: Revised Joint Motion Final Judgment - Parcel 324 Final (15931 : a Stipulated Final Judgment for Vanderbilt Beach Road
Vanderbilt Beach Road Extension Project 60168
Parcels 324RDUE & 324TDRE
/
PARCEL 324RDUE
PARCEL 324TDRE EXISTING RIGHT-OF-WAY PER PLAT 16.K.9.b
Packet Pg. 1979 Attachment: Aerial 60168-324RDUE-TDRE(1) (15931 : a Stipulated Final Judgment for Vanderbilt Beach Road Expansion)