Agenda 07/13/2021 Item #16K19 (Stipulated Final Judgement - Parcel 1213FEE)07/13/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $69,000 plus statutory
attorneys’ fees in the amount of $8,910 and expert fees and costs in the amount of $4,900, for the
total amount of $82,810 for the taking of Parcel 1213FEE, required for the Vanderbilt Beach Road
Expansion Project, Project No., 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1213FEE 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 1213FEE 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 1213FEE
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 WSC Homes, LLC. An aerial photograph of the subject property is attached to this it em 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 $91,000, plus statutory attorney’s fees
and expert costs. Through negotiations, the parties agreed to total compensation in the amount of
$69,000.00, plus statutory attorneys’ fees in the amount of $8,910 and expert fees and costs in the amount
of $4,900, for a total amount of $82,810. If approved by the Board, the County is required to deposit
$34,210 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 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 $34,380 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. 1213 Joint Motion for Stipulated Final Judgment (PDF)
2. Aerial - Parcel 1213FEE (PDF)
16.K.19
Packet Pg. 2656
07/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.19
Doc ID: 17433
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$69,000 plus statutory attorneys’ fees in the amount of $8,910 and expert fees and costs in the amount of
$4,900, for the total amount of $82,810 for the taking of Parcel 1213FEE, 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 3:12 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
07/01/2021 3:12 PM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 07/01/2021 3:39 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 07/02/2021 7:42 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 07/02/2021 8:18 AM
Growth Management Department Trinity Scott Additional Reviewer Completed 07/02/2021 9:27 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 07/02/2021 9:34 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/02/2021 9:43 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/02/2021 11:21 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 07/02/2021 3:01 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/04/2021 4:33 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
16.K.19
Packet Pg. 2657
16.K.19.a
Packet Pg. 2658 Attachment: 1213 Joint Motion for Stipulated Final Judgment (17433 : Stipulated Final Judgment for the taking of Parcel 1213FEE)
16.K.19.a
Packet Pg. 2659 Attachment: 1213 Joint Motion for Stipulated Final Judgment (17433 : Stipulated Final Judgment for the taking of Parcel 1213FEE)
16.K.19.a
Packet Pg. 2660 Attachment: 1213 Joint Motion for Stipulated Final Judgment (17433 : Stipulated Final Judgment for the taking of Parcel 1213FEE)
16.K.19.a
Packet Pg. 2661 Attachment: 1213 Joint Motion for Stipulated Final Judgment (17433 : Stipulated Final Judgment for the taking of Parcel 1213FEE)
AERIAL
PARCEL 1213FEE
VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168
/
PARCEL 1213FEE
10th Ave NE
12th Ave NE 8th St NE 16.K.19.b
Packet Pg. 2662 Attachment: Aerial - Parcel 1213FEE (17433 : Stipulated Final Judgment for the taking of Parcel 1213FEE)