Agenda 07/13/2021 Item #16K26 (Stipulated Final Judgement - Parcel 1235FEE)07/13/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $134,400.00 plus
$29,761.48 in statutory attorneys’ fees and expert fees and costs, for the taking of Parcels 1235FEE
and 1237FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcels 1235FEE and 1237FEE 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 Parcels 1235FEE and 1237FEE 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 1235FEE is a fee simple acquisition area consisting of a strip taking along the rear, southerly
boundary of the property and is approximately .38 acres (16,500 square feet) in size. The parent tract
includes unimproved vacant land and contains 2.50 acres of gross land area, which will be reduced to 2.12
acres after the acquisition. Parcel 1237FEE is identical to Parcel 1235FEE, as is its parent tract. Both
parcels are owned by Robert Davis and Deborah Davis. An aerial photograph of the two properties is
attached to this item for reference.
The property owner’s initial demand was $167,200.00 ($83,600.00 for each parcel) plus attorney’s fees
and expert costs. The County’s appraiser estimated full compensation for both parcels to be $89,400
($44,700.00 per parcel) including severance damages, which was adjusted by the County’s Staf f
Appraiser based on market conditions to $47,000.00 per parcel. Through negotiations, the parties agreed
to a total compensation amount of $134,400.00 ($67,200 for each parcel) plus $18,876.00 in statutory
attorneys’ fees and costs and $10,885.48 in expert fees and costs, for a total of $164,161.48 for the two
parcels.
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 $89,400 ($44,700.00 for each parcel) based on
its deposit of the good faith estimate of value. Funds for the balance of $74,931.48, 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.
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering
Division, Growth Management Department
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ATTACHMENT(S)
1. P1235 and 1237 - Jones Stip FJ OT NO MTG (PDF)
2. AERIAL 1235 1237FEE(1) (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.26
Doc ID: 17440
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$134,400.00 plus $29,761.48 in statutory attorneys’ fees and expert fees and costs, for the taking of
Parcels 1235FEE and 1237FEE, required for the Vanderbilt Beach Road Extension Project, Project No.,
60168.
Meeting Date: 07/13/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
07/02/2021 11:01 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
07/02/2021 11:01 AM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 07/02/2021 11:26 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 07/02/2021 12:54 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 07/02/2021 3:52 PM
Growth Management Department Trinity Scott Additional Reviewer Completed 07/02/2021 3:53 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 07/05/2021 11:36 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/06/2021 8:17 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/06/2021 8:21 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 07/06/2021 8:59 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/06/2021 10:29 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
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[20-CA-3728/1646445/1]
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. Parcels: 1235FEE; 1237FEE
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.
______________________________________________/
JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCELS 1235FEE
AND 1237FEE
Petitioner, COLLIER COUNTY, and Respondent(s), ROBERT J. DAVIS AND
DEBORAH D. DAVIS, by and through undersigned counsel, jointly move this Honorable Court
for the entry of the proposed Stipulated Final Judgment as to Parcels 1235FEE and 1237FEE,
attached hereto as Exhibit “1”.
____________________________ ___/s/ Kenneth A. Jones___
COLLEEN M. GREENE, ESQ. KENNETH A. JONES, ESQ
Florida Bar No. 502650 Florida Bar No. 200158
Collier County Attorney’s Office Hahn Loeser & Parks, LLP
3299 E. Tamimi Trail, Suite 800 2400 First Street, Suite 300
Naples, FL 34112 Fort Myers, FL 33901-2904
Telephone: (239) 252-8400 Telephone: (239) 337-6727
COUNSEL FOR PETITIONER COUNSEL FOR RESPONDENTS
Colleen.Greene@colliercountyfl.gov kjones@hahnlaw.com
Sheri.Malcolm@colliercountyfl.gov jstone@hahnlaw.com
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Packet Pg. 2714 Attachment: P1235 and 1237 - Jones Stip FJ OT NO MTG (17440 : Approval of Stipulated Final Judgment for Parcels 1235FEE and 1237FEE)
[20-CA-3728/1646445/1]
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.
16.K.26.a
Packet Pg. 2715 Attachment: P1235 and 1237 - Jones Stip FJ OT NO MTG (17440 : Approval of Stipulated Final Judgment for Parcels 1235FEE and 1237FEE)
[20-CA-3728/1646445/1]
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. Parcels: 1235FEE; 1237FEE
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 AS TO PARCELS 1235FEE AND 1237FEE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, and Respondent(s), ROBERT J. DAVIS AND DEBORAH D. DAVIS, by
and through counsel, for entry of a Stipulated Final Judgment as to Parcels 1235FEE and 1237FEE,
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. Respondents, ROBERT J. DAVIS AND DEBORAH D. DAVIS, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Sixty-Seven Thousand Two
Hundred and No/100 Dollars ($67,200.00), for Parcel 1235FEE, as full payment for the property
interest taken and for any damages resulting to the remainder, if less than the entire property was
taken, in connection with said parcel.
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Packet Pg. 2716 Attachment: P1235 and 1237 - Jones Stip FJ OT NO MTG (17440 : Approval of Stipulated Final Judgment for Parcels 1235FEE and 1237FEE)
[20-CA-3728/1646445/1]
2. Respondents, ROBERT J. DAVIS AND DEBORAH D. DAVIS, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Nine Thousand Four Hundred
Thirty-Eight and No/100 Dollars ($9,438.00), for all attorney’s fees and costs in connection with
the acquisition of Parcel 1235FEE, and no other attorney’s fees and/or costs shall be paid in this
matter.
3. Respondents, ROBERT J. DAVIS AND DEBORAH D. DAVIS, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Five Thousand Four
Hundred Forty-Two and 74/100 Dollars ($5,442.74), for all expert fees and costs in connection
with the acquisition of Parcel 1235FEE, and no other expert fees and/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-Four Thousand Seven Hundred and
No/100 Dollars ($44,700.00), as payment for acquisition of Parcel 1235FEE.
5. Respondents, ROBERT J. DAVIS AND DEBORAH D. DAVIS, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Sixty-Seven Thousand Two
Hundred and No/100 Dollars ($67,200.00), for Parcel 1237FEE, 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.
6. Respondents, ROBERT J. DAVIS AND DEBORAH D. DAVIS, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Nine Thousand Four Hundred
Thirty-Eight and No/100 Dollars ($9,438.00), for all attorney’s fees and costs in connection with
the taking of Parcel 1237FEE, and no other attorney’s fees and/or costs shall be paid in this matter.
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Packet Pg. 2717 Attachment: P1235 and 1237 - Jones Stip FJ OT NO MTG (17440 : Approval of Stipulated Final Judgment for Parcels 1235FEE and 1237FEE)
[20-CA-3728/1646445/1]
7. Respondents, ROBERT J. DAVIS AND DEBORAH D. DAVIS, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Five Thousand Four
Hundred Forty-Two and 74/100 Dollars ($5,442.74), for all expert fees and costs in connection
with the taking of Parcel 1237FEE, and no other expert fees and/or costs shall be paid in this
matter.
8. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good
faith estimate of value deposited in the amount of Forty-Four Thousand Seven Hundred and
No/100 Dollars ($44,700.00), as payment for acquisition of Parcel 1237FEE.
9. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Seventy-Four Thousand Seven Hundred
Sixty-One and 48/100 Dollars ($74,761.48), for Parcel 1235FEE and Parcel 1237FEE, as
referenced in the above paragraphs, by mailing a check to Kenneth A. Jones, Esq., Hahn Loeser &
Parks, LLP, 2400 First Street, Suite 300, Fort Myers, FL 33901-2904.
10. This Order disposes of all claims arising out of the taking of Parcels 1235FEE and
1237FEE, and that have, or could have, been asserted in this cause.
11. A Fee Simple takings of Parcel 1235FEE and Parcel 1237FEE being fully described
in Composite 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.
12. Although the properties now fall below the minimum lot size of 2.25 acres as a
result of the Vanderbilt Beach Road public acquisition, the rights and entitlements of the properties
shall remain the same as prior to the Vanderbilt Beach Road public acquisition, and the properties
shall remain legal and buildable. Pursuant to Collier County Land Development Code Section
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Packet Pg. 2718 Attachment: P1235 and 1237 - Jones Stip FJ OT NO MTG (17440 : Approval of Stipulated Final Judgment for Parcels 1235FEE and 1237FEE)
[20-CA-3728/1646445/1]
9.03.07.C., lots where the public acquisition reduces the required minimum yard, lot coverage or
lot dimensions can have reduced dimensions equal to that of the acquisition area.
13. 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 Parcels 1235FEE and 1237FEE.
14. The Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
DONE AND ORDERED in Chambers, Collier County, Naples, Florida, this ___ day of
______ 2021.
THE HONORABLE LAUREN L. BRODIE
Circuit Court Judge
Conformed Copies to:
Colleen M. Greene, Esq., Counsel for Petitioner, Colleen.Greene@colliercountyfl.gov;
Sheri.Malcolm@colliercountyfl.gov
Kenneth A. Jones, Esq., Counsel for Respondent(s), kjones@hahnlaw.com;
jstone@hahnlaw.com
Clerk’s Office, Accounting
Composite Exhibit “A”
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Packet Pg. 2719 Attachment: P1235 and 1237 - Jones Stip FJ OT NO MTG (17440 : Approval of Stipulated Final Judgment for Parcels 1235FEE and 1237FEE)
[20-CA-3728/1646445/1]
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Packet Pg. 2720 Attachment: P1235 and 1237 - Jones Stip FJ OT NO MTG (17440 : Approval of Stipulated Final Judgment for Parcels 1235FEE and 1237FEE)
AERIAL – PARCELS 1235FEE & 1237FEE
VANDERBILT BEACH RD EXT PROJECT 60168
/
PARCEL 1235FEE
PARCEL 1237FEE
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Packet Pg. 2721 Attachment: AERIAL 1235 1237FEE(1) (17440 : Approval of Stipulated Final Judgment for Parcels 1235FEE and 1237FEE)