Agenda 07/13/2021 Item #16K28 (Stipulated Final Judgement - Parcel 188FEE)07/13/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Order of Taking and Final Judgment in the amount of
$75,000 plus $11,754.75 in statutory attorneys’ fees and expert fees and costs, for the taking of
Parcel 188FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 188FEE 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 188FEE 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, northerly boundary of the property and is
approximately .38 acres (16,476 square feet) in size. The parent tract includes a single -family home
owned by Richard and Leslie Vander Horst and contains 2.27 acres of gross land area, which will be
reduced to 1.89 acres after the acquisition. An aerial photograph of the subject property is attached to this
item for reference. The County’s updated appraisal estimated full compensation at $65,200 including
severance damages. The owners did not furnish an appraisal but proposed a settlement of $75,000, which
was considered to be reasonable. The parties agreed to total compensation in this amount plus $8,481 in
statutory attorneys’ fees and costs and $3,273.75 in expert fees and costs, for a total of $86,754.75.
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 $86,924.75 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 Stipulated Order of Taking 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. 2021.07.02 Stip OT FJ revised (PDF)
2. Aerial 188FEE(2) (PDF)
16.K.28
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07/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.28
Doc ID: 17442
Item Summary: Recommendation to approve a Stipulated Order of Taking and Final Judgment in
the amount of $75,000 plus $11,754.75 in statutory attorneys’ fees and expert fees and costs, for the
taking of Parcel 188FEE, 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 1:08 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
07/02/2021 1:08 PM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 07/02/2021 1:30 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 07/02/2021 2:02 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 07/02/2021 3:48 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 11:40 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/06/2021 8:18 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 9:10 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/06/2021 10:28 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
16.K.28
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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.: 21-CA-658
v. Parcel 188FEE
DORIS L. BENDER, TRUSTEE OF THE GEORGE BENDER
REVOCABLE TRUST AGREEMENT DATED OCTOBER 23, 1997;
GERALD W. MCCOLLUM; SYBLE W. MCCOLLUM; RICHARD
L. VANDERHORST; LESLIE K. VANDERHORST; DANIEL
D. GOTTWALD; PATSY L. GOTTWALD; NEW RESIDENTIAL
MORTGAGE, LLC; ROBERT J. GREENLING, JR; SUNCOAST
SCHOOLS FEDERAL CREDIT UNION; DISCOVER BANK
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED ORDER OF
TAKING AND FINAL JUDGMENT AS TO PARCEL 188FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, RICHARD L.
VANDERHORST AND LESLIE K. VANDERHORST, by and through undersigned counsel, hereby
respectfully move this Court for the entry of the foregoing Stipulated Order of Taking and Final Judgment as
to Parcel 188FEE attached hereto as Exhibit “1.”
Dated: ________________________ Dated: _________________________
__________________________________
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
_______________________________
CHARLES D. STRATTON, ESQ.
Florida Bar No. 221589
JOSHUA S. STRATTON, ESQ.
Florida Bar No. 113618
Nelson Mullins Broad and Cassel
215 S. Monroe St., Ste 400
Tallahassee, FL 32301
Telephone: (850) 681-6810
charles.stratton@nelsonmullins.com
joshua.stratton@nelsonmullins.com
pagemcgivern@nelsonmullins.com
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically filed with the Florida
Courts E-Filing Portal on July ___, 2021.
.
BY: ______________________________
COLLEEN M. GREENE, ESQUIRE
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Packet Pg. 2735 Attachment: 2021.07.02 Stip OT FJ revised (17442 : Approval of Stipulated Order of Taking and Final Judgment Parcel 188FEE)
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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.: 21-CA-658
v. Parcel 188FEE
DORIS L. BENDER, TRUSTEE OF THE GEORGE BENDER
REVOCABLE TRUST AGREEMENT DATED OCTOBER 23, 1997;
GERALD W. MCCOLLUM; SYBLE W. MCCOLLUM; RICHARD
L. VANDERHORST; LESLIE K. VANDERHORST; DANIEL
D. GOTTWALD; PATSY L. GOTTWALD; NEW RESIDENTIAL
MORTGAGE, LLC; ROBERT J. GREENLING, JR; SUNCOAST
SCHOOLS FEDERAL CREDIT UNION; DISCOVER BANK
Respondents.
______________________________________________/
STIPULATED ORDER OF TAKING AND FINAL JUDGMENT FOR PARCEL 188FEE
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, RICHARD L. VANDERHORST AND
LESLIE K. VANDERHORST, by and through counsel, for the entry of a Stipulated Order of Taking
and Final Judgment as to Parcel 188FEE 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. The Court has jurisdiction of this cause, the parties hereto and the subject matter hereof.
2. The pleadings in this cause are sufficient and the Petitioner is properly exercising its
delegated authority.
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3. The property described herein as Parcel 188FEE is being acquired for a public purpose and
is reasonably necessary to serve this public purpose.
4. The Declaration of Taking and Estimate of Value filed in this cause by the Petitioner was
made in good faith and based on a valid appraisal.
5. This Stipulated Order of Taking and Final Judgment is based upon 90% Design Plans for
Parcel 188FEE filed with the Court in a Notice of Filing dated July 2, 2021. In the event that Collier
County and its agents, successors, or assigns do not at any time construct the project improvements
in substantial conformance with the 90% Design Plans it shall be subject to the same remedies,
including fees and costs, as would have been afforded against it had the case been resolved by verdict
with said Plans having been made part of the record at trial, pursuant to Central & Southern Florida
Flood Control District v. Wye River Farms, Inc., 297 So. 2d 323 (Fla. 4th DCA 1974).
6. Respondents, RICHARD L. VANDERHORST AND LESLIE K. VANDERHORST, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA the total sum of Seventy-Five Thousand
and No/100 Dollars ($75,000.00) for full compensation, including damages and statutory interests,
in connection with said parcel.
7. Respondents, RICHARD L. VANDERHORST AND LESLIE K. VANDERHORST, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA the total sum of Eight Thousand Four
Hundred Eighty-One and No/100 Dollars ($8,481.00) for attorney’s fees and costs, and no other
attorney’s fees or costs shall be paid in this matter, other than supplemental attorneys’ fees and costs
for apportionment and supplemental proceedings, including enforcement proceedings, if any.
8. Respondents, RICHARD L. VANDERHORST AND LESLIE K. VANDERHORST, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA the total sum of Three Thousand Two
Hundred Seventy-Three and 75/100 Dollars ($3,273.75) for expert fees and costs, and no other
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Packet Pg. 2737 Attachment: 2021.07.02 Stip OT FJ revised (17442 : Approval of Stipulated Order of Taking and Final Judgment Parcel 188FEE)
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expert fees or costs shall be paid in this matter, other than expert fees and costs for supplemental
proceedings, including enforcement proceedings, if any.
9. Within twenty (20) days from the date of this Order, Petitioner shall deposit into the Court
Registry the sum of Eighty-Six Thousand Seven Hundred Fifty-Four and 75/100 Dollars
($86,754.75), and the right, title and interest described in Exhibit “A,” attached hereto and made a
part hereof by reference shall vest in Petitioner.
10. Upon deposit, as set forth above, and without further notice of this Court, the
Petitioner shall be entitled to possession of the property described herein.
11. The Collier County Tax Collector may have a claim to the proceeds to be paid for
Parcel 188FEE, for unpaid ad valorem taxes assessed against said Parcel through the date of
taking. Accordingly, pursuant to the authority under Section 73.061, Fla. Stat., the Clerk is directed
to pay to the Collier County Tax Collector any taxes shown to be due and owing from the funds
required herein to be placed in the court registry, at the time any order of disbursement is issued. The
amount disbursed to the Collier County Tax Collector shall be calculated using the per diem rate of
$.28 for all days in the 2021 tax year, up to and including the date of entry of this Order.
12. Upon deposit, as set forth above, the Clerk shall disburse to Nelson Mullins Broad
and Cassel Trust Account, the total sum of Eighty-Six Thousand Seven Hundred Fifty-Four and
75/100 Dollars ($86,754.75), less the amount of any ad valorem taxes paid to the Collier County
Tax Collector, by mailing a check to Nelson Mullins Broad and Cassel Trust Account, c/o
CHARLES S. STRATTON, ESQ., Nelson Mullins Broad and Cassel, 215 S. Monroe St., Ste 400,
Tallahassee, FL 32301.
13. Upon receipt, Nelson Mullins Broad and Cassel Trust Account shall disburse the
aforesaid sum as follows, without further order of the Court: Three Thousand Two Hundred
Seventy-Three and 75/100 Dollars ($3,273.75) to Mesimer and Associates, Inc., for expert witness
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Packet Pg. 2738 Attachment: 2021.07.02 Stip OT FJ revised (17442 : Approval of Stipulated Order of Taking and Final Judgment Parcel 188FEE)
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services, Eight Thousand Four Hundred Eighty-One and No/100 Dollars ($8,481.00) to Nelson
Mullins Broad and Cassel for attorneys’ fees, and the remainder to Respondents, Richard L.
Vanderhorst and Leslie K. Vanderhorst, as said Respondents agree and direct.
14. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official Records
Book 5904, Page 2854 of the Public Records of Collier County, Florida is dismissed as to Parcel
188FEE.
15 The Order of Taking and Final Judgment will be recorded in the Official Records of Collier
County, Florida.
16. This Court reserves jurisdiction to issue further order on disbursement of compensation and
conduct apportionment proceedings, and to enforce the terms of this Stipulated Order of Taking and
Final Judgment if needed.
DONE AND ORDERED in Chambers in Naples, Florida this _____day of
_______________, 2021.
___________________________________
HONORABLE ELIZABETH V. KRIER
CIRCUIT COURT JUDGE
Exhibit “A”
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Packet Pg. 2739 Attachment: 2021.07.02 Stip OT FJ revised (17442 : Approval of Stipulated Order of Taking and Final Judgment Parcel 188FEE)
VANDERBILT BEACH ROAD EXTENSION
PROJECT 60168 – PARCEL 188FEE
/
PARCEL 188FEE
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Packet Pg. 2740 Attachment: Aerial 188FEE(2) (17442 : Approval of Stipulated Order of Taking and Final Judgment Parcel 188FEE)