Agenda 06/22/2021 Item #16K6 (Stipulated Final Judgement - Parcel 123FEE Project #60168)06/22/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $90,000.00, plus
statutory attorneys’ fees and costs in the amount of $18,749.75, for the total amount of $108,749.75
for the taking of Parcel 123FEE, required for the Vanderbilt Beach Road Expansion Project,
Project No., 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 123FEE 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 123FEE 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 12 3FEE is a fee simple
acquisition area that consists of a strip taking along the rear, northerly boundary of the property,
approximately 0.49 acres (21,474 square feet) in extent. The property is improved with a single-family
home and is owned by Pearl Prescott. 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 $65,700.00
inclusive of severance damages. The property owner’s initial demand was $140,000.00, plus statutory
attorney’s fees and expert costs. Through negotiations, the parties agreed to total compensation in the
amount of $90,000.00, plus statutory attorneys’ fees and expert fees and costs in the amount of
$18,749.75, for a total amount of $108,749.75. If approved by the Board, the County is required to
deposit $43,049.75 plus the Clerk’s deposit fee of $170.00 as the County has a credit of $65,700.00 as a
good faith estimate of value deposit to be made following the order of taking.
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 $43,219.75 are available in the Vanderbilt Beach Road
Expansion Project Capital Fund, Project 60168, which includes the $170 Clerk’s deposit fee. 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. Signed Joint Motion for Stip Final Judgment as To Parcel 123FEE (PDF)
2. Aerial 123FEE(1) (PDF)
16.K.6
Packet Pg. 2980
06/22/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Doc ID: 16285
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$90,000.00, plus statutory attorneys’ fees and costs in the amount of $18,749.75, for the total amount of
$108,749.75 for the taking of Parcel 123FEE, 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
06/15/2021 12:39 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/15/2021 12:39 PM
Approved By:
Review:
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 06/15/2021 12:57 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 06/15/2021 1:06 PM
Growth Management Department Trinity Scott Additional Reviewer Completed 06/15/2021 1:37 PM
Transportation Engineering Anthony Khawaja Additional Reviewer Completed 06/15/2021 3:44 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 06/16/2021 7:40 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 06/16/2021 8:23 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/16/2021 8:28 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 06/16/2021 11:05 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/16/2021 11:22 AM
County Manager's Office Mark Isackson Level 4 County Manager Review Completed 06/16/2021 12:13 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/22/2021 9:00 AM
16.K.6
Packet Pg. 2981
16.K.6.a
Packet Pg. 2982 Attachment: Signed Joint Motion for Stip Final Judgment as To Parcel 123FEE (16285 : Stipulated Final Judgment in the amount of $90,000.00)
16.K.6.a
Packet Pg. 2983 Attachment: Signed Joint Motion for Stip Final Judgment as To Parcel 123FEE (16285 : Stipulated Final Judgment in the amount of $90,000.00)
16.K.6.a
Packet Pg. 2984 Attachment: Signed Joint Motion for Stip Final Judgment as To Parcel 123FEE (16285 : Stipulated Final Judgment in the amount of $90,000.00)
16.K.6.a
Packet Pg. 2985 Attachment: Signed Joint Motion for Stip Final Judgment as To Parcel 123FEE (16285 : Stipulated Final Judgment in the amount of $90,000.00)
AERIAL – PARCEL 123FEE
(Vanderbilt Beach Rd. Ext. Project No. 60168)
/
PARCEL 123FEE
16.K.6.b
Packet Pg. 2986 Attachment: Aerial 123FEE(1) (16285 : Stipulated Final Judgment in the amount of $90,000.00)