Agenda 09/14/2021 Item #16K13 (Stipulated Final Judgment for VBR Ext. Project #60168)09/14/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $170,000 plus
$34,545.80 in statutory attorney and experts’ fees and costs for the taking of Parcel 1183RDUE
required for the Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1183RDUE, 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 1183RDUE 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, northerly boundary of the property and is
approximately 1.5 acres in extent. The parent tract is unimproved vacant land owned by Jerry and Doris
Tulis and contains 2.58 acres of gross land area. As a result of the ROW acquisition, the remainder is an
uneconomic remnant unsuitable for rural residential development. An aerial photograph of the subject
property is attached. The County’s appraiser estimated full compensation at $129,800 including severance
damages, which was adjusted to $135,600 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 $196,100 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 $170,000 plus $28,594.50 in statutory attorney’s fees and $5,951.30 in expert
fees and costs, for a total of $204,545.80.
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 $129,800 for its deposit of the good faith
estimate of value. Funds for the balance of $74,915.80, 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. Stipulated Final Judgment -P1183RDUE(PDF)
2. Aerial - Parcel 1183RDUE (PDF)
16.K.13
Packet Pg. 3157
09/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.13
Doc ID: 19975
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$170,000 plus $34,545.80 in statutory attorney and experts’ fees and costs for the taking of Parcel
1183RDUE 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 11:28 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/03/2021 11:28 AM
Approved By:
Review:
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 09/03/2021 11:35 AM
Growth Management Department Trinity Scott Additional Reviewer Completed 09/03/2021 11:46 AM
Transportation Engineering Patricia Braxton Additional Reviewer Completed 09/03/2021 11:47 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 09/03/2021 1:37 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 09/03/2021 2:39 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 09/06/2021 5:56 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/07/2021 8:18 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/07/2021 11:07 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 4:42 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM
16.K.13
Packet Pg. 3158
[20-CA-3649/1663287/1]
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-3649
v. Parcels: 1183RDUE
CHRISTOPHER M. FENSTERMAKER; ANNETTE
M. FENSTERMAKER; DORIS A. TULIS; MARK W.
STERN; SARA K. STERN; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC; CHAD NIMNUAN;
CAROL NIMNUAN; BAMBI JO PENCE, AS SUCCESSOR
TRUSTEE OF THE VIRGINIA HOLT REVOCABLE
TRUST AGREEMENT DATED DECEMBER 17, 1992
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1183RDUE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent(s), DORIS A.
TULIS, by and through undersigned counsel, hereby respectfully move this Court for the entry of
the foregoing Stipulated Final Judgment as to Parcel 1183RDUE 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.13.a
Packet Pg. 3159 Attachment: Stipulated Final Judgment -P1183RDUE (19975 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel
[20-CA-3649/1663287/1]
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.13.a
Packet Pg. 3160 Attachment: Stipulated Final Judgment -P1183RDUE (19975 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel
[20-CA-3649/1663287/1]
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-3649
v. Parcels: 1183RDUE
CHRISTOPHER M. FENSTERMAKER; ANNETTE
M. FENSTERMAKER; DORIS A. TULIS; MARK W.
STERN; SARA K. STERN; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC; CHAD NIMNUAN;
CAROL NIMNUAN; BAMBI JO PENCE, AS SUCCESSOR
TRUSTEE OF THE VIRGINIA HOLT REVOCABLE
TRUST AGREEMENT DATED DECEMBER 17, 1992
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1183RDUE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent(s), DORIS A. TULIS, by and through counsel,
for the entry of a Stipulated Final Judgment as to Parcel 1183RDUE 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), DORIS A. TULIS, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of One Hundred Seventy Thousand and No/100 Dollars
($170,000.00) for Parcel 1183RDUE, as full payment for the property interest taken, in
connection with said Parcel.
2. Respondent, DORIS A. TULIS, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Twenty-Eight Thousand Five Hundred Ninety-Four
and 50/100 Dollars ($28,594.50), for all attorney fees and costs associated with the acquisition of
Parcel 1183RDUE.
16.K.13.a
Packet Pg. 3161 Attachment: Stipulated Final Judgment -P1183RDUE (19975 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel
[20-CA-3649/1663287/1]
3. Respondent, DORIS A. TULIS, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Five Thousand Nine Hundred Fifty-One Dollars and
30/100 Dollars ($5,951.30), for all expert fees and costs associated with the acquisition of Parcel
1183RDUE, 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 One Hundred Twenty-Nine
Thousand Eight Hundred and No/100 Dollars ($129,800.00), as payment for the acquisition of
Parcel 1183RDUE, 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-Four Thousand Seven Hundred
Forty-Five and 80/100 Dollars ($74,745.80), representing the total sum due for the acquisition
of Parcel 1183RDUE, attorney’s fees, costs, and expert fees, by mailing a check payable to Hahn
Loeser & Parks, LLP, Trust Account, c/o Kenneth A. Jones, Esq., 2400 First Street, Suite 300,
Fort Myers, FL 33901.
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 1183RDUE 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
June 4, 2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
16.K.13.a
Packet Pg. 3162 Attachment: Stipulated Final Judgment -P1183RDUE (19975 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel
[20-CA-3649/1663287/1]
9. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5847, Page 3285 of the Public Records of Collier County, Florida be dismissed as to Parcel
1183RDUE.
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.
Exhibit “A”
16.K.13.a
Packet Pg. 3163 Attachment: Stipulated Final Judgment -P1183RDUE (19975 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel
AERIAL – PARCEL 1183RDUE (Vanderbilt Beach Rd. Ext. Project No. 60168) PARCEL 1183RDUE EXISTING RIGHT-OF-WAY PER PLAT / 16.K.13.bPacket Pg. 3164Attachment: Aerial - Parcel 1183RDUE (19975 : Recommendation to approve a Stipulated Final Judgment