Agenda 07/13/2021 Item #16K31 (Stipulated Final Judgement - Parcel 1240FEE)07/13/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $85,000 plus $15,875.74
in statutory attorneys’ fees and expert fees and costs, for the taking of Parcel 1240FEE, required
for the Vanderbilt Beach Road Extension Project, Project No., 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1240FEE 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 1240FEE 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 .52 acres (22,500 square feet) in size. The parent tract is a vacant tract with some site
improvements owned by Gamal Reyes and Migdalia Reyes and contains 3.41 acres of gross land area,
which will be reduced to 2.89 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 $116,600 plus attorney’s
fees and expert costs. The County’s appraiser estimated full compensation at $61,000 including
severance damages. Through negotiations, the parties agreed to a total compensation amount of $85,000,
plus $10,659 in statutory attorneys’ fees and costs and $5,216.74 in expert fees and costs, for a total of
$100,875.74.
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 $61,000 based on its deposit of the good faith
estimate of value. Funds for the balance of $39,875.74 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
ATTACHMENT(S)
1. P1240FEE-Stip FJ(1) (PDF)
2. AERIAL 1240FEE (PDF)
16.K.31
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07/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.31
Doc ID: 17447
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$85,000 plus $15,875.74 in statutory attorneys’ fees and expert fees and costs, for the taking of Parcel
1240FEE, 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 3:17 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
07/02/2021 3:17 PM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 07/02/2021 3:34 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 07/02/2021 3:38 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 07/06/2021 7:14 AM
Growth Management Department Trinity Scott Additional Reviewer Completed 07/06/2021 8:52 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 07/06/2021 9:09 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/06/2021 9:12 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 10:15 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/06/2021 10:16 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
16.K.31
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[20-CA-3740/1646464/1]
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-3740
v. Parcel 1240FEE
GAMAL A. REYES; MIGDALIA E. REYES; CATHERINE
JONES; HENRY LOWER; MARIE LOWER; FRANK HAWKS;
RUTH HAWKS; JOSE LUIS TREJO, AS TRUSTEE OF THE
JOSE LUIS TREJO FAMILY REVOCABLE TRUST DATED
SEPTEMBER 23, 2011; STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION; PENTAGON
FEDERAL C.U.; GEORGE D. MARTIN; DEBRA E. MARTIN;
BANK OF AMERICA, N.A.
Respondents.
______________________________________________/
JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCEL 1240FEE
Petitioner, COLLIER COUNTY, and Respondent(s), GAMAL A. REYES; MIGDALIA
E. REYES, by and through undersigned counsel, jointly move this Honorable Court for the entry
of the proposed Stipulated Final Judgment as to Parcel 1240FEE, attached hereto as Exhibit “1”.
____________________________ ____________________________
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
16.K.31.a
Packet Pg. 2763 Attachment: P1240FEE-Stip FJ(1) (17447 : Approval of Stipulated Final Judgment for Parcel 1240FEE)
[20-CA-3740/1646464/1]
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.31.a
Packet Pg. 2764 Attachment: P1240FEE-Stip FJ(1) (17447 : Approval of Stipulated Final Judgment for Parcel 1240FEE)
[20-CA-3740/1646464/1]
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-3740
v. Parcel 1240FEE
GAMAL A. REYES; MIGDALIA E. REYES; CATHERINE
JONES; HENRY LOWER; MARIE LOWER; FRANK HAWKS;
RUTH HAWKS; JOSE LUIS TREJO, AS TRUSTEE OF THE
JOSE LUIS TREJO FAMILY REVOCABLE TRUST DATED
SEPTEMBER 23, 2011; STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION; PENTAGON
FEDERAL C.U.; GEORGE D. MARTIN; DEBRA E. MARTIN;
BANK OF AMERICA, N.A.
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1240FEE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, and Respondent(s), GAMAL A. REYES; MIGDALIA E. REYES, by and
through counsel, for entry of a Stipulated Final Judgment as to Parcel 1240FEE, 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, GAMAL A. REYES; MIGDALIA E. REYES, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Eighty-Five Thousand and No/100
Dollars ($85,000.00), for Parcel 1240FEE, as full payment for the property interest taken and for
16.K.31.a
Packet Pg. 2765 Attachment: P1240FEE-Stip FJ(1) (17447 : Approval of Stipulated Final Judgment for Parcel 1240FEE)
[20-CA-3740/1646464/1]
any damages resulting to the remainder, if less than the entire property was taken, in connection
with said parcel.
2. Respondents, GAMAL A. REYES; MIGDALIA E. REYES, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Ten Thousand Six Hundred Fifty-
Nine and No/100 Dollars ($10,659.00), for all attorney’s fees and costs in connection with the
acquisition of Parcel 1240FEE, and no other attorney’s fees and/or costs shall be paid in this matter.
3. Respondents, GAMAL A. REYES; MIGDALIA E. REYES, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Five Thousand Two Hundred
Sixteen and 74/100 Dollars, for all expert fees and costs in connection with the acquisition of
Parcel 1240FEE, 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 Sixty-One Thousand and No/100 Dollars
($61,000.00), as payment for acquisition of Parcel 1240FEE.
5. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of $39,875.74, for Parcel 1240FEE, 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.
6. This Order disposes of all claims arising out of the taking of Parcel 1240FEE, and
that have, or could have, been asserted in this cause.
7. A Fee Simple taking of Parcel 1240FEE being fully described in 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.
16.K.31.a
Packet Pg. 2766 Attachment: P1240FEE-Stip FJ(1) (17447 : Approval of Stipulated Final Judgment for Parcel 1240FEE)
[20-CA-3740/1646464/1]
8. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 5850, Page 1743 of the Public Records of Collier County, Florida is hereby released
as to Parcel 1240FEE.
9. 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
Exhibit “A”
16.K.31.a
Packet Pg. 2767 Attachment: P1240FEE-Stip FJ(1) (17447 : Approval of Stipulated Final Judgment for Parcel 1240FEE)
AERIAL – PARCEL 1240FEE
VANDERBILT BEACH RD EXT PROJECT 60168
/
PARCEL 1240FEE
16.K.31.b
Packet Pg. 2768 Attachment: AERIAL 1240FEE (17447 : Approval of Stipulated Final Judgment for Parcel 1240FEE)