Agenda 07/13/2021 Item #16K34 (Stipulated Final Judgement - Parcel 240FEE)07/13/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $73,808 plus $16,851.33
in statutory attorneys’ fees and expert fees and costs, for the taking of Parcel 240FEE, required for
the Vanderbilt Beach Road Extension Project, Project No., 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 240FEE 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 240FEE 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 .41 acres (18,032 square feet) in size. The vacant parent tract is owned by Fernando
Mendez and contains 2.50 acres of gross land area, which will be reduced to 2.09 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 $102,300 plus attorney’s fees and expert costs. The County’s
appraiser estimated full compensation at $51,900 including severance damages. Through negotiations,
the parties agreed to a total compensation amount of $73,808, plus $11,354.64 in statutory attorneys’ fees
and costs and $5,496.69 in expert fees and costs, for a total of $90,659.33.
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 $51,900 based on its deposit of the good faith
estimate of value. Funds for the balance of $38,759.33 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. P240FEE-Stip FJ (PDF)
2. AERIAL Depiction 240FEE (PDF)
16.K.34
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07/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.34
Doc ID: 17479
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$73,808 plus $16,851.33 in statutory attorneys’ fees and expert fees and costs, for the taking of Parcel
240FEE, 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
07/06/2021 3:16 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
07/06/2021 3:16 PM
Approved By:
Review:
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 07/06/2021 4:25 PM
Growth Management Department Trinity Scott Additional Reviewer Completed 07/06/2021 4:26 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 07/07/2021 6:55 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 07/07/2021 7:17 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 07/07/2021 8:06 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/07/2021 8:33 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 07/07/2021 8:37 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/07/2021 10:32 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/07/2021 10:35 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
16.K.34
Packet Pg. 2788
[20-CA-3613/1648025/1]
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-3613
v. Parcel 240FEE
CRAFT PROPERTY, LLC; CURTIS JOHN MCCONNELL;
FERNANDO CHAVEZ MENDEZ; JOSE L. LUVIANO;
EMMA LUVIANO; WELLS FARGO BANK, NA
Respondents.
______________________________________________/
JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCEL 240FEE
Petitioner, COLLIER COUNTY, and Respondent(s), FERNANDO CHAVEZ MENDEZ,
by and through undersigned counsel, jointly move this Honorable Court for the entry of the
proposed Stipulated Final Judgment as to Parcel 240FEE, attached hereto as Exhibit “1”.
____________________________ ____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
16.K.34.a
Packet Pg. 2789 Attachment: P240FEE-Stip FJ (17479 : Approval of Stipulated Final Judgment for Parcel 240FEE)
[20-CA-3613/1648025/1]
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.34.a
Packet Pg. 2790 Attachment: P240FEE-Stip FJ (17479 : Approval of Stipulated Final Judgment for Parcel 240FEE)
[20-CA-3613/1648025/1]
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-3613
v. Parcel 240FEE
CRAFT PROPERTY, LLC; CURTIS JOHN MCCONNELL;
FERNANDO CHAVEZ MENDEZ; JOSE L. LUVIANO;
EMMA LUVIANO; WELLS FARGO BANK, NA
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 240FEE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, and Respondent(s), FERNANDO CHAVEZ MENDEZ, by and through
counsel, for entry of a Stipulated Final Judgment as to Parcel 240FEE, 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, FERNANDO CHAVEZ MENDEZ, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Seventy Three Thousand Eight Hundred
Eight and No/100 Dollars ($73,808.00), for Parcel 240FEE, 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.
16.K.34.a
Packet Pg. 2791 Attachment: P240FEE-Stip FJ (17479 : Approval of Stipulated Final Judgment for Parcel 240FEE)
[20-CA-3613/1648025/1]
2. Respondent, FERNANDO CHAVEZ MENDEZ, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Eleven Thousand Three Hundred Fifty-Four
and 64/100 Dollars ($11,354.64), for all attorney’s fees and costs in connection with the
acquisition of Parcel 240FEE, and no other attorney’s fees and/or costs shall be paid in this matter.
3. Respondent, FERNANDO CHAVEZ MENDEZ, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Five Thousand Four Hundred Ninety-Six
and 69/100 Dollars ($5,496.69), for all expert fees and costs in connection with the acquisition of
Parcel 240FEE, 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 Fifty-One Thousand Nine Hundred and
No/100 Dollars ($51,900.00), as payment for acquisition of Parcel 240FEE.
5. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of $38,759.33, for Parcel 240FEE, 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. Although the property now falls 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 property
shall remain the same as prior to the Vanderbilt Beach Road public acquisition, and the property
shall remain legal and buildable. Pursuant to Collier County Land Development Code Section
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.
7. This Order disposes of all claims arising out of the taking of Parcel 240FEE, and
that have, or could have, been asserted in this cause.
16.K.34.a
Packet Pg. 2792 Attachment: P240FEE-Stip FJ (17479 : Approval of Stipulated Final Judgment for Parcel 240FEE)
[20-CA-3613/1648025/1]
8. A Fee Simple taking of Parcel 240FEE being fully described in Exhibit “A”
attached hereto and incorporated herein, which vested in Petitioner pursuant to the Stipulated
Order of Taking dated May 28, 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 5847, Page 3517 of the Public Records of Collier County, Florida is hereby released
as to Parcel 240FEE.
10. The Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
Exhibit “A”
16.K.34.a
Packet Pg. 2793 Attachment: P240FEE-Stip FJ (17479 : Approval of Stipulated Final Judgment for Parcel 240FEE)
AERIAL – PARCEL 240FEE
(Vanderbilt Beach Rd. Ext. Project No. 60168)
/
PARCEL 240FEE
16.K.34.b
Packet Pg. 2794 Attachment: AERIAL Depiction 240FEE (17479 : Approval of Stipulated Final Judgment for Parcel 240FEE)