Agenda 09/14/2021 Item #16K19 (Stipulated Final Judgment for VBR Ext. Project #60168)09/14/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $120,000 plus $49,964
in statutory attorney and experts’ fees and costs for the taking of Parcel 1220FEE, required for the
Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1220FEE, 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 1220FEE 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 .41 acres in extent. The parent tract is unimproved vacant land owned by Mark and
Phallon Grandishar 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 $64,200 including severance damages, which was adjusted to $73,000 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 $173,160 plus attorney’s fees and
expert fees and costs. The parties participated in informal negotiations and reached an agreement. The
attached Stipulated Final Judgement reflects a negotiated compensation amount of $120,000 plus $29,964
in statutory attorney’s fees and $20,000 in expert fees and costs, for a total of $169,964.
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 $64,200 for its deposit of the good faith
estimate of value. Funds for the balance of $105,934 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. - JAB
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. 1220 Respondent executed_ (PDF)
2. Aerial - Parcel 1220FEE (PDF)
16.K.19
Packet Pg. 3205
09/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.19
Doc ID: 17838
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$120,000 plus $49,964 in statutory attorney and experts’ fees and costs for the taking of Parcel 1220FEE,
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
08/23/2021 10:56 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
08/23/2021 10:56 AM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 08/23/2021 11:05 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 08/23/2021 11:20 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 08/23/2021 11:59 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 08/24/2021 10:57 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 08/26/2021 10:11 AM
Growth Management Department Trinity Scott Additional Reviewer Completed 08/27/2021 11:31 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/27/2021 2:45 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/30/2021 11:12 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/02/2021 9:34 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/02/2021 11:31 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM
16.K.19
Packet Pg. 3206
16.K.19.a
Packet Pg. 3207 Attachment: 1220 Respondent executed_ (17838 : Stipulated Final Judgment for the taking of Parcel 1220FEE)
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Packet Pg. 3208 Attachment: 1220 Respondent executed_ (17838 : Stipulated Final Judgment for the taking of Parcel 1220FEE)
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Packet Pg. 3209 Attachment: 1220 Respondent executed_ (17838 : Stipulated Final Judgment for the taking of Parcel 1220FEE)
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Packet Pg. 3210 Attachment: 1220 Respondent executed_ (17838 : Stipulated Final Judgment for the taking of Parcel 1220FEE)
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Packet Pg. 3211 Attachment: 1220 Respondent executed_ (17838 : Stipulated Final Judgment for the taking of Parcel 1220FEE)
AERIAL – PARCEL 1220FEE
VANDERBILT BEACH RD. EXT. PROJECT 60168
PARCEL 1220FEE
/
16.K.19.b
Packet Pg. 3212 Attachment: Aerial - Parcel 1220FEE (17838 : Stipulated Final Judgment for the taking of Parcel 1220FEE)