Agenda 07/13/2021 Item #16K15 (Stipulated Final Judgement - Parcel 1233FEE)07/13/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $70,000 plus statutory
attorneys’ fees in the amount of $9,240 and expert fees and costs in the amount of $4,900, for the
total amount of $84,140 for the taking of Parcel 1233FEE, required for the Vanderbilt Beach Road
Expansion Project, Project No., 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1233FEE 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 1233FEE 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. Parcel 1233FEE
is a fee simple acquisition area that consists of a strip taking along the rear, southerly boundary of the
property, approximately 0.41 acres (18,000 square feet) in extent. The parent tract is unimproved and is
owned by Julia A. Martinez. 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 $48,600 inclusive
of severance damages. The property owner’s initial demand was $84,000, plus statutory attorney’s fees
and expert costs. Through negotiations, the parties agreed to total compensation in the amount of
$70,000.00, plus statutory attorneys’ fees in the amount of $9,240 and expert fees and costs in the amount
of $4,900, for a total amount of $84,140. If approved by the Board, the County is required to deposit
$35,540 plus the Clerk’s deposit fee of $170.00 as the County has a credit of $48,600 as a good faith
estimate of value deposit made following the order of taking.
The Transportation Engineering Division recommends approval of this Stipulat ed 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 $35,710 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. - JAB
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. [1645039] Joint Motion - Julia A. Martinez - P. 1233FEE (PDF)
2. STIP Final Judgment 1233 (DOC)
3. Aerial 1233FEE (PDF)
16.K.15
Packet Pg. 2626
07/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.15
Doc ID: 17426
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$70,000 plus statutory attorneys’ fees in the amount of $9,240 and expert fees and costs in the amount of
$4,900, for the total amount of $84,140 for the taking of Parcel 1233FEE, required for the Vanderbilt
Beach Road Expansion Project, Project No., 60168
Meeting Date: 07/13/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Jessica Hayes
07/01/2021 10:58 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
07/01/2021 10:58 AM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 07/01/2021 1:17 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 07/01/2021 1:27 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 07/01/2021 1:36 PM
Growth Management Department Trinity Scott Additional Reviewer Completed 07/01/2021 4:51 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/02/2021 8:25 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/02/2021 9:20 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 07/02/2021 9:28 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 07/02/2021 2:17 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 07/02/2021 4:12 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/04/2021 4:36 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
16.K.15
Packet Pg. 2627
16.K.15.a
Packet Pg. 2628 Attachment: [1645039] Joint Motion - Julia A. Martinez - P. 1233FEE (17426 : Stipulated Final Judgment Total amount of $84,140 for the taking of
[20-CA-3728/1644988/1]
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-3728
v. Parcel 1233FEE
AMY TORRES N/K/A AMY TORRES JOHNSON;
JP MORGAN CHASE BANK, NA; JULIA A. MARTINEZ;
ROBERT J. DAVIS; DEBORAH D. DAVIS; ARNOLD PAU JR.
INTERNAL REVENUE SERVICE; SAVVY FL LLC
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT FOR PARCEL 1233FEE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, JULIA A. MARTINEZ, by and through
counsel, for entry of a Stipulated Final Judgment as to Parcel 1233FEE 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, JULIA A. MARTINEZ, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Seventy Thousand and No/100 Dollars ($70,000.00),
for Parcel 1233FEE, 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.
2. Respondent, JULIA A. MARTINEZ, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Four Thousand Nine Hundred and No/100 Dollars
($4,900.00), for all expert fees and costs in connection with Parcel 1233FEE, and no other expert
fees or costs shall be paid in this matter.
16.K.15.b
Packet Pg. 2629 Attachment: STIP Final Judgment 1233 (17426 : Stipulated Final Judgment Total amount of $84,140 for the taking of Parcel 1233FEE)
[20-CA-3728/1644988/1]
3. Respondent, JULIA A. MARTINEZ, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Nine Thousand Two Hundred Forty and No/100
Dollars ($9,240.00), for all attorney’s fees and costs in connection with Parcel 1233FEE, and no
other attorney’s fees or costs shall be paid in this matter.
4. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good
faith estimate of value deposited in the amount of Forty-Eight Thousand Six Hundred and
No/100 Dollars ($48,600.00), as payment for acquisition of Parcel 1233FEE.
5. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Thirty-Five Thousand Five Hundred Forty
and No/100 Dollars ($35,540.00), to Andrew Diaz Trust Account, c/o Gaylord Merlin Ludovici
& Diaz, 5001 West Cypress Street, Tampa, FL 33607, as payment for acquisition of Parcel
1233FEE.
6. This Order disposes of all claims arising out of the taking o f Parcel 1233FEE, and
that have, or could have, been asserted in this cause.
7. A fee simple interest to Parcel 1233FEE, being fully described in Exhibit “A”
attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of
Taking dated March 23, 2021, and the deposit of money heretofore made, is approved, ratified,
and confirmed.
8. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 5850, Page 1489 of the Public Records of Collier County, Florida is hereby
released as to Parcel 1233FEE.
9. The Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
16.K.15.b
Packet Pg. 2630 Attachment: STIP Final Judgment 1233 (17426 : Stipulated Final Judgment Total amount of $84,140 for the taking of Parcel 1233FEE)
[20-CA-3728/1644988/1]
10. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
DONE AND ORDERED in Naples, Collier County, Florida, on this ____ day of ______
2021.
_______________________________________
THE HONORABLE LAUREN L. BRODIE
Circuit Court Judge
Conformed Copies:
Colleen M. Greene, Esq., Jennifer A. Belpedio, Esq., Counsel for Petitioner,
Colleen.Greene@colliercountyfl.gov; Jennifer.Belpedio@colliercountyfl.gov;
Sheri.Malcolm@colliercountyfl.gov;
Andrew G. Diaz, Esq., adiaz@GaylordMerlin.com; ckearney@GaylordMerlin.com
Exhibit “A”
16.K.15.b
Packet Pg. 2631 Attachment: STIP Final Judgment 1233 (17426 : Stipulated Final Judgment Total amount of $84,140 for the taking of Parcel 1233FEE)
VANDERBILT BEACH ROAD EXTENSION
PROJECT 60168 – PARCEL 1233FEE
/
PARCEL 1233FEE
16.K.15.c
Packet Pg. 2632 Attachment: Aerial 1233FEE (17426 : Stipulated Final Judgment Total amount of $84,140 for the taking of Parcel 1233FEE)