Agenda 07/13/2021 Item #16K24 (Stipulated Final Judgement - Parcel 1184RDUE)07/13/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $136,000 plus statutory
attorneys’ fees in the amount of $25,773 and expert fees and costs in the amount of $5,000, for the
total amount of $166,773 for the taking of Parcel 1184RDUE, required for the Vanderbilt Beach
Road Expansion Project, Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1184RDUE 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 1184RDUE 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
1184RDUE is a roadway, drainage and utility easement that encumbers two strips of land that combined
make an L-shape. One strip is 100-feet deep along the southerly boundary of the property. The other is a
15-feet deep along the 8th Street NE frontage. The total combined area is approximately 1.587 acres
(69,112 square feet) The parent tract is unimproved and is owned by Vicky M. Rodgers. 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 $95,900 inclusive of severance damages. The property
owner’s initial demand was $240,000 plus statutory attorney’s fees and expert costs. Through
negotiations, the parties agreed to total compensation in the amount of $136,000, plus statutory attorneys’
fees in the amount of $25,773 and expert fees and costs in the amount of $5,000, for a total amount of
$166,773. If approved by the Board, the County is required to deposit $108,873 plus the Clerk’s deposit
fee of $170.00 as the County has a credit of $57,900 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 $109,043 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. 1184RDUE - JMSFJ (PDF)
2. Aerial - Parcel 1184RDUE (PDF)
16.K.24
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07/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.24
Doc ID: 17438
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$136,000 plus statutory attorneys’ fees in the amount of $25,773 and expert fees and costs in the amount
of $5,000, for the total amount of $166,773 for the taking of Parcel 1184RDUE, 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: Rosa Villarreal
07/02/2021 9:36 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
07/02/2021 9:36 AM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 07/02/2021 10:03 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 07/02/2021 10:37 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 07/02/2021 3:34 PM
Growth Management Department Trinity Scott Additional Reviewer Completed 07/02/2021 3:52 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 07/06/2021 9:20 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/06/2021 9:37 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 07/06/2021 10:05 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/06/2021 10:14 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.24
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Packet Pg. 2698 Attachment: 1184RDUE - JMSFJ (17438 : Approval of Stipulated Final Judgment for Parcel 1184RDUE for the Vanderbilt Beach Road Expansion)
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Packet Pg. 2699 Attachment: 1184RDUE - JMSFJ (17438 : Approval of Stipulated Final Judgment for Parcel 1184RDUE for the Vanderbilt Beach Road Expansion)
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Packet Pg. 2700 Attachment: 1184RDUE - JMSFJ (17438 : Approval of Stipulated Final Judgment for Parcel 1184RDUE for the Vanderbilt Beach Road Expansion)
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Packet Pg. 2701 Attachment: 1184RDUE - JMSFJ (17438 : Approval of Stipulated Final Judgment for Parcel 1184RDUE for the Vanderbilt Beach Road Expansion)
AERIAL – PARCEL 1184RDUE
VANDERBILT BEACH RD EXT PROJECT 60168
/ EXISTING RIGHT-OF-WAY PER PLAT PARCEL 1184RDUE
16.K.24.b
Packet Pg. 2702 Attachment: Aerial - Parcel 1184RDUE (17438 : Approval of Stipulated Final Judgment for Parcel 1184RDUE for the Vanderbilt Beach Road