Agenda 07/13/2021 Item #16K23 (Stipulated Final Judgement - Parcel 1227FEE)07/13/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $75,000 plus $8,619.00
in statutory attorneys’ fees and expert fees, for the taking of Parcel 1227FEE, required for the
Vanderbilt Beach Road Extension Project, Project No., 60168, and delegate authority to the County
Manager or his designee to process payment of additional statutory attorney’s fees, if any, for
supplemental proceedings as authorized by Ch. 73, Fla. Stat.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1227FEE 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 1227FEE 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. The fee simple
acquisition area consists of a strip taking along the rear, southerly boundary of the property and is
approximately .42 acres (18,150 square feet) in size. The parent tract includes a single-family home
owned by Nikolaos Andreoulakis and contains 2.50 acres of gross land area, which will be reduced to
2.08 acres after the acquisition. An aerial photograph of the subject property is attached to this item for
reference. The property owner’s initial demand was $80,000 plus attorney’s fees and expert costs. The
County’s appraiser estimated full compensation at $66,600 including severance damages. Through
negotiations, the parties agreed to a total compensation amount of $75,000, plus $4,7 19 in statutory
attorneys’ fees and costs and $3,900 in expert fees and costs, for a total of $83,619.
Pursuant to Ch. 73, Fla. Stat., Respondent is entitled to additional attorney’s fees for supplemental
proceedings, if any, including disbursement and apportionment proceedings. This Executive Summary
authorizes the County Manager or his designee to process payment of additional statutory attorney’s fees
for supplemental proceedings, if any, pursuant to Sections 73.091 and Section 73.092, Fla. Stat.
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 $66,600 based on its deposit of the good faith
estimate of value. Funds for the balance of $17,189.00 which includes the Clerk’s $170.00 deposit fee
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 and delegate authority to the County Manager or his
designee to process payment of attorney’s fees for supplemental proceedings authorized by Ch. 73, Fla.
Stat.
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering
Division, Growth Management Department
16.K.23
Packet Pg. 2688
07/13/2021
ATTACHMENT(S)
1. FINAL Joint Motion Final Judgment - P1227FEE RCR 6.29 (DOC)
2. Aerial - Parcel 1227FEE (PDF)
16.K.23
Packet Pg. 2689
07/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.23
Doc ID: 16403
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$75,000 plus $8,619.00 in statutory attorneys’ fees and expert fees, for the taking of Parcel 1227FEE,
required for the Vanderbilt Beach Road Extension Project, Project No., 60168, and delegate authority to
the County Manager or his designee to process payment of additional statutory attorney’s fees, if any, for
supplemental proceedings as authorized by Ch. 73, Fla. Stat.
Meeting Date: 07/13/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Jessica Hayes
06/30/2021 9:11 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/30/2021 9:11 AM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 06/30/2021 10:00 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 06/30/2021 11:25 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 07/01/2021 9:14 AM
Growth Management Department Trinity Scott Additional Reviewer Completed 07/01/2021 10:11 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 07/01/2021 2:03 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 07/05/2021 11:22 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/06/2021 8:22 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/06/2021 8:26 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 07/06/2021 9:10 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/06/2021 10:30 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
16.K.23
Packet Pg. 2690
[20-CA-4072/1646575/1]
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, Case No. 20-CA-4072
Petitioner, Parcel: 1227FEE
v.
SARALANE HARRER; MURRAY A. HUNKIN; FIFTH THIRD BANK, NA;
ADAM NAYLOR; AMANDA NAYLOR; PNC MORTGAGE, A DIVISION
OF PNC BANK, NA; RONALD M. URBEN; IRINA URBEN;
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC;
FIFTH THIRD BANK as affiliate of Fifth Third Mortgage Co.,
NIKOLAOS ANDREOULAKIS; ANDRIA ANDREOULAKIS;
VIOLETA GALANG HERRERA
Respondents.
______________________________________________/
JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCEL 1227FEE
COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent,
NIKOLAOS ANDREOULAKIS, by and through undersigned counsel, and hereby respectfully
move this Court for entry of the Stipulated Final Judgment as to Parcel 1227FEE, 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. 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/ RYAN C. REESE____________
RYAN C. REESE, ESQ.
Florida Bar No. 113383
Moore Bowman & Reese, P.A.
4100 W. Kennedy Blvd.; Suite 221
Tampa, Florida 33609
Telephone: (813) 318-9000
Facsimile: (877) 203-5748
Counsel for Respondent
rreese@mbrfirm.com
16.K.23.a
Packet Pg. 2691 Attachment: FINAL Joint Motion Final Judgment - P1227FEE RCR 6.29 (16403 : Stipulated Final Judgment in the amount of $75,000)
[20-CA-4072/1646575/1]
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, Case No. 20-CA-4072
Petitioner, Parcel: 1227FEE
v.
SARALANE HARRER; MURRAY A. HUNKIN; FIFTH THIRD BANK, NA;
ADAM NAYLOR; AMANDA NAYLOR; PNC MORTGAGE, A DIVISION
OF PNC BANK, NA; RONALD M. URBEN; IRINA URBEN;
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC;
FIFTH THIRD BANK as affiliate of Fifth Third Mortgage Co.,
NIKOLAOS ANDREOULAKIS; ANDRIA ANDREOULAKIS;
VIOLETA GALANG HERRERA
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT FOR PARCEL 1227FEE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, NIKOLAOS ANDREOULAKIS, by and
through counsel, for entry of a Stipulated Final Judgment as to Parcel 1227FEE 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, NIKOLAOS ANDREOULAKIS, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Seventy-Five Thousand and No/100 Dollars
($75,000.00), for Parcel 1227FEE, as full payment for the property interest taken, including
damages and statutory interest, in connection with said parcel.
2. Respondent, NIKOLAOS ANDREOULAKIS, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Three Thousand Nine Hundred and No/100
16.K.23.a
Packet Pg. 2692 Attachment: FINAL Joint Motion Final Judgment - P1227FEE RCR 6.29 (16403 : Stipulated Final Judgment in the amount of $75,000)
[20-CA-4072/1646575/1]
Dollars ($3,900.00) for all expert fees and costs, and no other expert fees and costs shall be paid,
in connection with said parcel.
3. Respondent, NIKOLAOS ANDREOULAKIS, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Four Thousand Seven Hundred Nineteen
and No/100 Dollars ($4,719.00) for all attorney’s fees and costs in connection with said parcel.
Respondent reserves the right to claim additional attorney fees incurred as a result of
apportionment or supplemental proceedings as authorized pursuant to Section 73.091, Fla. Stat.
and Section 73.092, Fla. Stat.
4. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good
faith estimate of value deposited in the amount of $66,600.00 (Sixty-Six Thousand Six Hundred
and No/100 Dollars), as payment for acquisition of Parcel 1227FEE.
5. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall deposit into the Court Registry the total sum of Seventeen
Thousand Nineteen and No/100 Dollars ($17,019.00), as payment for acquisition of Parcel
1227FEE.
6. The Project and Parcel 1227FEE will be constructed in substantial compliance
with the 90% design plans, which contemplate the future 6-laning of Vanderbilt Beach Road
(VBR) adjacent to the subject parcel. Respondent understands and agrees that no additional
compensation shall be due in the event of this future expansion so long as construction occurs
entirely within County right-of-way. The design plans for Parcel 1227FEE are included in the
Roadway Plan – Profile (54), (55) sheet nos. 106 and 107; Sign and Pavement Marking Plan
(54), (55) sheet nos. S-64 and S-65; and Cross Sections sheet no. 546.
7. This Order disposes of all claims arising out of the taking of Parcel 1227FEE and
that have, or could have, been asserted in this cause. The monies deposited in the Court Registry
may be subject to apportionment.
16.K.23.a
Packet Pg. 2693 Attachment: FINAL Joint Motion Final Judgment - P1227FEE RCR 6.29 (16403 : Stipulated Final Judgment in the amount of $75,000)
[20-CA-4072/1646575/1]
8. A fee simple taking, being fully described in Exhibit “A” attached hereto and
incorporated herein, which vested in Petitioner pursuant to the Amended Stipulated Order of
Taking dated April 14, 2021, and the deposit of money heretofore made, is approved, ratified, and
confirmed.
9. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 5868, Page 1326 of the Public Records of Collier County, Florida is hereby
released as to Parcel 1227FEE.
10. The Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment, to apportion compensation, award attorney’s fees and costs for any apportionment and
supplemental proceedings authorized pursuant to Section 73.091, Fla. Stat. and Section 73.092,
Fla. Stat.
11. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
DONE AND ORDERED in Naples, Collier County, Florida, this _____ day of
___________, 2021.
HONORABLE ELIZABETH V. KRIER
CIRCUIT COURT JUDGE
Exhibit “A”
16.K.23.a
Packet Pg. 2694 Attachment: FINAL Joint Motion Final Judgment - P1227FEE RCR 6.29 (16403 : Stipulated Final Judgment in the amount of $75,000)
AERIAL – PARCEL 1227FEE
VANDERBILT BEACH ROAD EXT. PROJECT NO. 60168
PARCEL 1227FEE
/
12th Ave NE
16.K.23.b
Packet Pg. 2695 Attachment: Aerial - Parcel 1227FEE (16403 : Stipulated Final Judgment in the amount of $75,000)