Agenda 09/14/2021 Item #16K10 (Stipulated Final Judgment for the VBR Ext Project #60168)09/14/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $139,500 plus
$26,336.77 in statutory attorney and experts’ fees and costs for the taking of Parcel 1105FEE
required for the Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1105FEE required for the
construction of the Vanderbilt Beach Road Extension Project No. 60168.
CONSIDERATIONS: On September 22, 2020, the Board authorized, via Resolution No. 2020-175, the
condemnation of Parcel 1105FEE for the construction of roadway, drainage and utility improvements
required for the expansion and extension of Vanderbilt Beach Road from Collier Boulevard to east of 16th
Street NE and Massey Street from Vanderbilt Beach Road to south of Mockingbird Drive. The fee simple
acquisition area consists of a strip taking along the rear, southerly boundary of the property and is
approximately 0.41 acres in extent. The parent tract is improved with a single-family home and associated
site improvements owned by Cosme and Estela Perez and contains 2.73 acres of gross land area, which
will be reduced to 2.32 acres after the acquisition. An aerial photograph of the subject property is
attached. The County’s appraiser estimated full compensation at $89,500 including severance damages,
which was adjusted to $94,900 by the Transportation Engineering Division’s Review Appraiser to account
for increases in property prices since the date of the appraisal. The property owner’s initial demand was
$216,700 plus attorney’s fees and expert fees and costs. The parties participated in informal negotiations
and reached an agreement. The attached Stipulated Final Judgment reflects a negotiated compensation
amount of $139,500 plus $19,701 in statutory attorney’s fees and $6,635.77 in expert fees and costs, for a
total of $165,836.77.
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 $89,500 for its deposit of the good faith
estimate of value. Funds for the balance of $76,506.77, which includes the Clerk’s $170.00 deposit fee,
are available in the Vanderbilt Beach Road Extension 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
ATTACHMENT(S)
1. Joint Motion for Stipulated Final Judgment - P1105FEE (PDF)
2. Aerial - Parcel 1105FEE (PDF)
16.K.10
Packet Pg. 3133
09/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.10
Doc ID: 19972
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$139,500 plus $26,336.77 in statutory attorney and experts’ fees and costs for the taking of Parcel
1105FEE required for the Vanderbilt Beach Road Extension Project No. 60168.
Meeting Date: 09/14/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Jessica Hayes
09/03/2021 10:42 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/03/2021 10:42 AM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 09/03/2021 11:00 AM
Transportation Engineering Patricia Braxton Additional Reviewer Completed 09/03/2021 11:13 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 09/03/2021 11:14 AM
Growth Management Department Trinity Scott Additional Reviewer Completed 09/03/2021 11:45 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 09/03/2021 11:47 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 09/06/2021 5:51 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/07/2021 8:20 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/07/2021 11:15 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/07/2021 4:26 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 09/07/2021 4:51 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM
16.K.10
Packet Pg. 3134
[21-CA-309/1663304/1]
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.: 21-CA-309
v. Parcel: 1105FEE
MERY C. PENA ACOSTA; CROSSCOUNTRY MORTGAGE;
COSME E. PEREZ; ESTELA W. PEREZ; US DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT; MICHAEL TOLEDO;
CHESTER M. PALYS, JR; SONIA H. DIXON; WELLS FARGO
BANK, NA, SUCCESSOR IN INTEREST TO WACHOVIA BANK, NA;
MARIO R. NOLASCO; MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1105FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent(s), COSME E.
PEREZ AND ESTELA W. PEREZ, by and through undersigned counsel, hereby respectfully
move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel 1105FEE
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 RESPONDENT(S)
Colleen.Greene@colliercountyfl.gov kjones@hahnlaw.com
Sheri.Malcolm@colliercountyfl.gov jstone@hahnlaw.com
16.K.10.a
Packet Pg. 3135 Attachment: Joint Motion for Stipulated Final Judgment - P1105FEE (19972 : Recommendation to approve a Stipulated Final Judgment for the
[21-CA-309/1663304/1]
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.10.a
Packet Pg. 3136 Attachment: Joint Motion for Stipulated Final Judgment - P1105FEE (19972 : Recommendation to approve a Stipulated Final Judgment for the
[21-CA-309/1663304/1]
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.: 21-CA-309
v. Parcel: 1105FEE
MERY C. PENA ACOSTA; CROSSCOUNTRY MORTGAGE;
COSME E. PEREZ; ESTELA W. PEREZ; US DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT; MICHAEL TOLEDO;
CHESTER M. PALYS, JR; SONIA H. DIXON; WELLS FARGO
BANK, NA, SUCCESSOR IN INTEREST TO WACHOVIA BANK, NA;
MARIO R. NOLASCO; MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1105FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent(s), COSME E. PEREZ AND ESTELA W.
PEREZ, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel 1105FEE
for Project 60168, and it appearing to this 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
ORDERED AND ADJUDGED that:
1. Respondent(s), COSME E. PEREZ AND ESTELA W. PEREZ, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Hundred Thirty-Nine
Thousand Five Hundred and No/100 Dollars ($139,500.00) for Parcel 1105FEE, as full
payment for the property interest taken, in connection with said Parcel.
2. Respondent, COSME E. PEREZ AND ESTELA W. PEREZ, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Nineteen Thousand Seven
Hundred One and No/100 Dollars ($19,701.00), for all attorney fees and costs associated with
16.K.10.a
Packet Pg. 3137 Attachment: Joint Motion for Stipulated Final Judgment - P1105FEE (19972 : Recommendation to approve a Stipulated Final Judgment for the
[21-CA-309/1663304/1]
the acquisition of Parcel 1105FEE.
3. Respondent, COSME E. PEREZ AND ESTELA W. PEREZ, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Six Thousand Six Hundred
Thirty-Five Dollars and 77/100 Dollars ($6,635.77), for all expert fees and costs associated with
the acquisition of Parcel 1105FEE, and no other expert fees 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 previously deposited in the amount of Eighty-Nine Thousand Five
Hundred and No/100 Dollars ($89,500.00), as payment for the acquisition of Parcel 1105FEE,
at which time title to said Parcel as described in Exhibit “A” vested in the name of Petitioner
COLLIER COUNTY, FLORIDA.
5. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Seventy-Six Thousand Three Hundred Thirty-
Six and 77/100 Dollars ($76,336.77), representing the total sum due for the acquisition of Parcel
1105FEE, attorney’s fees, costs, and expert fees, by depositing the amount into the Court’s
Registry.
6. Petitioner will construct the project in substantial conformance with the ninety
percent (90%) construction plans for the project, which plans are incorporated herein by reference.
Respondent understands and agrees that this Stipulated Final Judgment contemplates the future 6-
laning of Vanderbilt Beach Road (VBR). No additional compensation shall be due to Respondent
for the widening of VBR up to 6-lanes.
7. This Order disposes of all claims arising out of the taking of Parcel 1105FEE that
have or could have been asserted in this cause.
8. A fee simple taking, being fully described in Exhibit “A” attached hereto and
incorporated herein, which vested in Petitioner pursuant to the Stipulated Order of Taking dated
May 4, 2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
16.K.10.a
Packet Pg. 3138 Attachment: Joint Motion for Stipulated Final Judgment - P1105FEE (19972 : Recommendation to approve a Stipulated Final Judgment for the
[21-CA-309/1663304/1]
9. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5890, Page 933 of the Public Records of Collier County, Florida be dismissed as to Parcel
1105FEE.
10. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
11. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
DONE AND ORDERED in Chambers, Naples, Collier County, Florida, on this ____ day
of ____________, 2021.
_____________________________________
THE HONORABLE LAUREN BRODIE
Circuit Court Judge
Exhibit “A”
16.K.10.a
Packet Pg. 3139 Attachment: Joint Motion for Stipulated Final Judgment - P1105FEE (19972 : Recommendation to approve a Stipulated Final Judgment for the
VANDERBILT BEACH ROAD EXTENSION PROJECT 60168 – PARCEL 1105FEE / PARCEL 1105FEE 16.K.10.bPacket Pg. 3140Attachment: Aerial - Parcel 1105FEE (19972 : Recommendation to approve a Stipulated Final Judgment