Agenda 05/25/2021 Item #16K10 (Stipulated Final Judgement Parcel 211FEE Project #60168)05/25/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $103,000.00
including statutory attorneys’ fees and costs, for the taking of Parcel 211FEE, required for the
Vanderbilt Beach Road Extension Project, Project No., 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 211FEE 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 211FEE 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, southerly boundary of the property and is approximately 19,862
square feet (0.46 acres) in size. The parent tract is owned by Maria E. Molano and contains 2.73 acres of
gross land area, which will be reduced to 2.27 acres after the acquisition. An aerial photograph of the
subject property is attached to this item for reference. The property owners’ appraiser valued the parcel at
$161,650. The County’s appraiser estimated full compensation at $50,200 including severance damages.
The parties participated in Mediation on April 22, 2021. The attached Stipulated Final Judgment reflects
a negotiated total compensation amount of $103,000, including statutory attorneys’ fees and appraisal
costs.
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: The County is entitled to a credit of $50,200 based on its deposit of the good faith
estimate of value. Funds for the balance of $52,800.00 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 is 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. 2021.04.23.Aerial - Exhibit(1) (PDF)
2. P211FEE Joint Motion for Stip Final Judgment (DOC)
16.K.10
Packet Pg. 1980
05/25/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.10
Doc ID: 15979
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of
$103,000.00 including statutory attorneys’ fees and costs, for the taking of Parcel 211FEE, required for
the Vanderbilt Beach Road Extension Project, Project No., 60168.
Meeting Date: 05/25/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Jessica Hayes
05/18/2021 2:43 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
05/18/2021 2:43 PM
Approved By:
Review:
Growth Management Department Lisa Taylor Additional Reviewer Completed 05/18/2021 3:12 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 05/18/2021 3:30 PM
Growth Management Department Trinity Scott Additional Reviewer Completed 05/18/2021 3:33 PM
Transportation Engineering Anthony Khawaja Additional Reviewer Completed 05/18/2021 4:04 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/19/2021 8:33 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/19/2021 8:40 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 05/19/2021 9:50 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 05/19/2021 10:48 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 05/19/2021 12:10 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/25/2021 9:00 AM
16.K.10
Packet Pg. 1981
AERIAL – PARCEL 211FEE
VANDERBILT REACH ROAD EXTENSION – PHASE ONE
/
PARCEL 211 FEE
16.K.10.a
Packet Pg. 1982 Attachment: 2021.04.23.Aerial - Exhibit(1) (15979 : Stipulated Final Judgment in the total amount of
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, Case No.: 20-CA-3909
v. Parcel: 211FEE
ROBERT P. BENDER, AS TRUSTEE OF THE
ROBERT P. BENDER REVOCABLE TRUST
AGREEMENT DATED NOVEMBER 28, 1997; DAVID
A. BENDER; STEPHEN M. BENDER; WELLS
FARGO BANK, N.A., SUCCESSOR IN INTEREST TO
WACHOVIA BANK, N.A.; ALEJANDRIA 25, LLC;
RHYS ALEXANDER FERNANDEZ; ELAINE WHITNEY
JOHNSTON; MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC; MARIA E. MOLANO; MARINA
MONTESINO; GILFREDO ADAMES
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF FINAL JUDGMENT AS TO PARCEL 211FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, MARIA E. MOLANO, by
and through undersigned counsel, hereby respectfully move this Court for the entry of the foregoing
Stipulated Final Judgment as to Parcel 211FEE attached hereto as Exhibit “1.”
Dated: ________________________ Dated: _________________________
__________________________________
COLLEEN M. GREENE, ESQ.
Florida Bar No. 502650
Collier County Attorney’s Office
3299 E. Tamiami Trail, Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
Facsimile: (239) 774-0225
COUNSEL FOR PETITIONER
Colleen.Greene@colliercountyfl.gov
Sheri.Malcolm@colliercountyfl.gov
____/s/ Brian A. Bolves__________
BRIAN A. BOLVES, ESQ.
Florida Bar No. 367079
Manson Bolves Donaldson Varn, P.A
109 N Brush St Ste 300
Tampa, FL 33602-4167
Telephone: 813-514-4700
COUNSEL FOR RESPONDENT
bbolves@mansonbolves.com
16.K.10.b
Packet Pg. 1983 Attachment: P211FEE Joint Motion for Stip Final Judgment [Revision 1] (15979 : Stipulated Final Judgment in the total amount of $103,000.00)
2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically filed with the Florida
Courts E-Filing Portal on this ___ day of _____ 2021.
.
BY: ______________________________
COLLEEN M. GREENE, ESQUIRE
16.K.10.b
Packet Pg. 1984 Attachment: P211FEE Joint Motion for Stip Final Judgment [Revision 1] (15979 : Stipulated Final Judgment in the total amount of $103,000.00)
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, Case No.: 20-CA-3909
v. Parcel: 211FEE
ROBERT P. BENDER, AS TRUSTEE OF THE
ROBERT P. BENDER REVOCABLE TRUST
AGREEMENT DATED NOVEMBER 28, 1997; DAVID
A. BENDER; STEPHEN M. BENDER; WELLS
FARGO BANK, N.A., SUCCESSOR IN INTEREST TO
WACHOVIA BANK, N.A.; ALEJANDRIA 25, LLC;
RHYS ALEXANDER FERNANDEZ; ELAINE WHITNEY
JOHNSTON; MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC; MARIA E. MOLANO; MARINA
MONTESINO; GILFREDO ADAMES
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT FOR PARCEL 211FEE
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, MARIA E. MOLANO, by and through
counsel, for the entry of a Stipulated Final Judgment as to Parcel 211FEE for Project No. 60168,
and it appearing to the Court that proper notice was given to the parties having any equity, lien,
title or other interest in or to the real property described therein, and the Court being otherwise
fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that:
1. Respondent, MARIA E. MOLANO, shall recover from Petitioner, COLLIER COUNTY,
FLORIDA the total sum of One Hundred Three Thousand and No/100 Dollars ($103,000.00)
for full compensation, including damages and statutory interests, attorneys’ fees, and all costs, in
connection with said parcel.
16.K.10.b
Packet Pg. 1985 Attachment: P211FEE Joint Motion for Stip Final Judgment [Revision 1] (15979 : Stipulated Final Judgment in the total amount of $103,000.00)
2
2. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good faith
estimate of value deposited in the amount of Fifty Thousand Two Hundred and No/100 Dollars
($50,200.00), as payment for acquisition of Parcel 211FEE.
3. Within thirty (30) days from the date of this Order, Petitioner shall pay Respondent,
MARIA E. MOLANO, the total sum of Fifty-Two Thousand Eight Hundred and No/100
Dollars ($52,800.00), as payment for acquisition of Parcel 211FEE, .by mailing a check to Brian
A. Bolves, Esq., Manson Bolves Donaldson Varn, P.A, 109 N Brush St Ste 300, Tampa, FL
33602-4167.
4. This Order disposes of all claims arising out of the taking of Parcel 211FEE, and that have,
or could have, been asserted in this cause.
5. The fee simple take of Parcel 211FEE, being fully described in Composite Exhibit “A”
attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking
dated April 15, 2021, and the deposit of money heretofore made, is approved, ratified, and
confirmed.
6. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record
Book 5858, Page 3858 of the Public Records of Collier County, Florida is hereby released as to
Parcel 211FEE.
7. The Court reserves jurisdiction to enforce the terms of this Stipulated Final Judgment.
8. This Stipulated Final Judgment is to be recorded in the Official Records of Collier County,
Florida.
16.K.10.b
Packet Pg. 1986 Attachment: P211FEE Joint Motion for Stip Final Judgment [Revision 1] (15979 : Stipulated Final Judgment in the total amount of $103,000.00)
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Exhibit “A”
16.K.10.b
Packet Pg. 1987 Attachment: P211FEE Joint Motion for Stip Final Judgment [Revision 1] (15979 : Stipulated Final Judgment in the total amount of $103,000.00)