Agenda 06/22/2021 Item #16K4 (Stipulated Final Judgement - Parcel 1111FEE Project #60168)06/22/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment with pro se Respondent in the amount of
$101,500.00 for the taking of Parcel 1111FEE, required for the Vanderbilt Beach Road Expansion
Project, Project No., 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1111FEE 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 1111FEE 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. Parcel 1111FEE is a fee simple
acquisition area that consists of a strip taking along the rear, southerly boundary of the property which
contains 0.34 acres (15,000 square feet). The property includes a single-family home and is owned by
Raul Hernandez and Carmen Perez. An aerial photograph of the subject property is attached to this item
for reference. The County’s updated appraisal estimated full compensation for the parcel at $101,500.00
inclusive of severance damages and improvements taken. The pro se Respondents accepted the County’s
updated good faith estimate of value. There are no statutory attorneys’ fees or expert costs.
The Transportation Engineering Division recommends approval of this Stipulated Final Judgment since
the Respondent accepted the County’s updated appraisal. 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 $101,500.00 were deposited at the time of the Order of
Taking. No additional funds are due. The primary funding source for the acquisition is i mpact 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. P1111FEE - Stipulated - OT SFJ-1 signed (PDF)
2. Aerial Exhibit 1111FEE(2) (PDF)
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06/22/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doc ID: 16238
Item Summary: Recommendation to approve a Stipulated Final Judgment with pro se Respondent
in the amount of $101,500.00 for the taking of Parcel 1111FEE, required for the Vanderbilt Beach Road
Expansion Project, Project No., 60168.
Meeting Date: 06/22/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Jessica Hayes
06/10/2021 1:14 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/10/2021 1:14 PM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 06/10/2021 2:43 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 06/10/2021 2:45 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 06/11/2021 9:11 AM
Growth Management Department Trinity Scott Additional Reviewer Completed 06/11/2021 2:33 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 06/14/2021 2:50 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/14/2021 3:15 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/14/2021 5:08 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/15/2021 9:46 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 06/15/2021 11:55 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/22/2021 9:00 AM
16.K.4
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[21-CA-1008/1637027/1]
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.: 21-CA-1008
v. Parcels: 1111FEE
ARLENE PAULSON; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC; DEAN SMITH;
DAWN SMITH; RAUL HERNANDEZ; SUNCOAST
CREDIT UNION; NAPLES ASSOCIATES IV, LLLP;
WELLS FARGO BANK
Respondents.
______________________________________________/
JOINT MOTION FOR STIPULATED ORDER OF TAKING AS TO PARCEL 1111FEE
Petitioner, COLLIER COUNTY, and Respondent(s), RAUL HERNANDEZ, by and through
undersigned counsel, jointly move this Honorable Court for the entry of the proposed Stipulated Order of
Taking as to Parcel 1111FEE, attached hereto as Exhibit “1”.
____________________________ ____________________________
COLLEEN M. GREENE, ESQ. RAUL HERNANDEZ
Florida Bar No. 502650
Collier County Attorney’s Office _____________________________
3299 E. Tamimi Trail, Suite 800 CARMEN PEREZ
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Colleen.Greene@colliercountyfl.gov
Sheri.Malcolm@colliercountyfl.gov
Raul Hernández
16.K.4.a
Packet Pg. 2964 Attachment: P1111FEE - Stipulated - OT SFJ-1 signed (16238 : Recommendation to approve a Stipulated Final Judgment with pro se
[21-CA-1008/1637027/1]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated Order of Taking
was electronically filed with the Florida Courts E-Filing Portal on this _____ day of ________ 2021.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
5/28/2021
16.K.4.a
Packet Pg. 2965 Attachment: P1111FEE - Stipulated - OT SFJ-1 signed (16238 : Recommendation to approve a Stipulated Final Judgment with pro se
[21-CA-1008/1637027/1]
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-3708
v. Parcels: 1111FEE
LAUREL D. RAUSCH; GENE O. KRUPP; RENEE
L. KRUPP; REBECCA L. KRUPP; KAREN J. FOOTE;
CAROL KRUPP-JUDKINS; GATOR INVESTMENT
OF SW FLA, INC; GATOR HOME CONSTRUCTION, INC;
LOUIS JOSEPH VISCONTI AND SUZANNE M. VISCONTI,
TRUSTEES OF THE LOUIS JOSEPH VISCONTI AND
SUZANNE M. VISCONTI REVOCABLE TRUST DATED
APRIL 26, 2013; MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS INC; SANDER LANGEBEEKE; JESSICA MARIE
DALLETT; WELLS FARGO BANK, N.A; TYLER DANE
CLAWSON; ANDREA MARIE CLAWSON; FIFTH THIRD
MORTGAGE CO
Respondents.
______________________________________________/
STIPULATED ORDER OF TAKING AS TO PARCEL 1111FEE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner, COLLIER
COUNTY, and Respondent(s), RAUL HERNANDEZ, by and through counsel, for entry of a Stipulated Order
of Taking as to Parcel 1111FEE, 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. This Court has jurisdiction of this cause, the parties hereto and the subject matter hereof.
2. The pleadings in this cause are sufficient and the Petitioner is properly exercising its delegated
authority.
3. The property described herein as Parcel 1111FEE is being acquired for a public purpose and is
reasonably necessary to serve this public purpose.
4. The Amended Declaration of Taking and Estimate of Value filed in this cause by the Petitioner
was made in good faith and based on a valid appraisal.
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Packet Pg. 2966 Attachment: P1111FEE - Stipulated - OT SFJ-1 signed (16238 : Recommendation to approve a Stipulated Final Judgment with pro se
[21-CA-1008/1637027/1]
5. Within twenty (20) days from the date of this Order, pursuant to Florida Statutes
Section 73.111, Petitioner, COLLIER COUNTY, shall deposit into the Court Registry the total sum of One
Hundred One Thousand Five Hundred and No/100 Dollars ($101,500.00), as the good faith estimate of
value as set forth in Petitioner’s Amended Declaration of Taking for Parcel 1111FEE, at which time title to
said parcel as described in Exhibit “A” is vested in the name of the Petitioner.
6. This amount constitutes the minimum compensation to be recovered by Respondent(s) and,
notwithstanding any verdict that may be rendered below that amount, in no event will Judgment be entered
below the amount of the deposit required herein.
7. The Collier County Tax Collector may have a claim to the proceeds to be paid for Parcel
1111FEE for unpaid ad valorem taxes assessed against said Parcel through the date of taking. Accordingly,
pursuant to the authority under Section 73.061, Fla. Stat., the Clerk is directed to pay to the Collier County
Tax Collector any taxes shown to be due and owing from the funds required herein to be placed in the court
registry. The amount disbursed to the Collier County Tax Collector shall be calculated using the per diem rate
of $2.64 for all days in the 2021 tax year, up to and including the date of entry of this Order.
8. Upon deposit, as set forth above, and without further notice of this Court, the Petitioner shall
be entitled to possession of the property described herein.
9. This Stipulated Order of Taking and Disbursement of Funds is to be recorded in the Official
Records of Collier County, Florida.
10. The entry of this Order is without prejudice as to Respondent(s) claim for full compensation
for the taking of Parcel 1111FEE.
Exhibit “A”
A portion of Tract 43, Golden Gate Estates Unit 18, as recorded in Plat Book 7, Page 7, of the Public Records
of Collier County, Florida, lying in Section 34, Township 48 South, Range 27 East, Collier County, Florida,
being more particularly described as follows:
The South 100 feet of the West 150 feet of said Tract 43.
16.K.4.a
Packet Pg. 2967 Attachment: P1111FEE - Stipulated - OT SFJ-1 signed (16238 : Recommendation to approve a Stipulated Final Judgment with pro se
[21-CA-1008/1637052/1]
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.: 21-CA-1008
v. Parcels: 1111FEE
ARLENE PAULSON; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC; DEAN SMITH;
DAWN SMITH; RAUL HERNANDEZ; SUNCOAST
CREDIT UNION; NAPLES ASSOCIATES IV, LLLP;
WELLS FARGO BANK
Respondents.
______________________________________________/
JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCEL 1111FEE
COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, by and through
undersigned counsel, together with pro se Respondent, RAUL HERNANDEZ, and hereby
respectfully move for entry of the Stipulated Final Judgment as to Parcel 1111FEE, attached
hereto as Exhibit “1”.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated
Final Judgment was electronically filed with the Florida Courts E-Filing Portal on this _____ day
of _________, 2021.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
______________________________________
COLLEEN M. GREENE, ESQ.
Florida Bar No. 502650
Collier County Attorney’s Office
3299 E. Tamimi Trail, Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Colleen.Greene@colliercountyfl.gov
Sheri.Malcolm@colliercountyfl.gov
________________________________
RAUL HERNANDEZ
____________________________
CARMEN PEREZ
Raul Hernandez
5/28/2021
16.K.4.a
Packet Pg. 2968 Attachment: P1111FEE - Stipulated - OT SFJ-1 signed (16238 : Recommendation to approve a Stipulated Final Judgment with pro se
[21-CA-1008/1637052/1]
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.: 21-CA-1008
v. Parcels: 1111FEE
ARLENE PAULSON; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC; DEAN SMITH;
DAWN SMITH; RAUL HERNANDEZ; SUNCOAST
CREDIT UNION; NAPLES ASSOCIATES IV, LLLP;
WELLS FARGO BANK
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT FOR PARCEL 1111FEE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and pro se Respondent, RAUL HERNANDEZ, by and
through counsel, for entry of a Stipulated Final Judgment as to Parcel 1111FEE for Project No.
60145, 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, RAUL HERNANDEZ, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of One Hundred One Thousand Five Hundred and
No/100 Dollars ($101,500.00), subject to apportionment, if any, for Parcel 1111FEE, as full
payment for the property interest taken and for any damages resulting to the remainder, if less
than the entire property was taken, and for all other damages and costs and attorney’s fees in
connection with said parcel.
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Packet Pg. 2969 Attachment: P1111FEE - Stipulated - OT SFJ-1 signed (16238 : Recommendation to approve a Stipulated Final Judgment with pro se
[21-CA-1008/1637052/1]
2. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good
faith estimate of value deposited in the amount of One Hundred One Thousand Five Hundred
and No/100 Dollars ($101,500.00), as payment for acquisition of Parcel 1111FEE.
3. This Order disposes of all claims arising out of the taking of Parcel 1111FEE, and
that have, or could have, been asserted in this cause.
4. The fee simple interest in Parcel 1111FEE, being fully described in Exhibit “A”
attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of
Taking dated ______________, and the deposit of money heretofore made, is approved, ratified,
and confirmed.
5. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 5933, Page 2338 of the Public Records of Collier County, Florida is hereby
released as to Parcel 1111FEE.
6. The Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
7. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Exhibit “A”
A portion of Tract 43, Golden Gate Estates Unit 18, as recorded in Plat Book 7, Page 7, of the
Public Records of Collier County, Florida, lying in Section 34, Township 48 South, Range 27
East, Collier County, Florida, being more particularly described as follows:
The South 100 feet of the West 150 feet of said Tract 43.
5/28/2021
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Packet Pg. 2970 Attachment: P1111FEE - Stipulated - OT SFJ-1 signed (16238 : Recommendation to approve a Stipulated Final Judgment with pro se
AERIAL – PARCEL 1111FEE
(Vanderbilt Beach Rd. Ext. Project No. 60168)
/
PARCEL 1111FEE
16.K.4.b
Packet Pg. 2971 Attachment: Aerial Exhibit 1111FEE(2) (16238 : Recommendation to approve a Stipulated Final Judgment with pro se Respondent)