Agenda 09/28/2021 Item #16K 6 (Settlement Agreement Parcel 230FEE Project #60168)09/28/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $245,000 plus $42,938
in statutory attorney and experts’ fees and costs for the taking of Parcel 230FEE, required for the
Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 230FEE, 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 230FEE 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 improved with one single-family home and
associated site improvements owned by Stephen and Bonnie Aubrecht 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. The County’s appraiser estimated full compensation at $203,000 including severance
damages, which was adjusted to $214,000 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 $310,830 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 $245,000 plus $25,938 in statutory attorney’s fees and $17,000 in expert fees and
costs, for a total of $287,938.
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 $203,000 for its deposit of the good faith
estimate of value. Funds for the balance of $85,108 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. 1664376 P230 Stipfinal judgment (DOCX)
2. Aerial - Parcel 230FEE (PDF)
16.K.6
Packet Pg. 1695
09/28/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Doc ID: 20131
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$245,000 plus $42,938 in statutory attorney and experts’ fees and costs for the taking of Parcel 230FEE,
required for the Vanderbilt Beach Road Extension Project No. 60168.
Meeting Date: 09/28/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Jessica Hayes
09/20/2021 11:04 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/20/2021 11:04 AM
Approved By:
Review:
Growth Management Department Lisa Taylor Additional Reviewer Completed 09/20/2021 11:07 AM
Growth Management Department Trinity Scott Additional Reviewer Completed 09/20/2021 1:44 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 09/20/2021 1:49 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 09/20/2021 2:03 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 09/20/2021 2:24 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 09/21/2021 6:43 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/21/2021 8:36 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/21/2021 3:18 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/21/2021 8:20 PM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 09/22/2021 8:36 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/28/2021 9:00 AM
16.K.6
Packet Pg. 1696
[20-CA-3910/1664376/1]
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-3910
v. Parcel 230FEE
MITCHELL S. ROSSELL; MONICA P. NOWLYN;
CHASE BANK, NA; SEAN A. COLE; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC;
MARC E. MCCOLLAUM; MONICA MCCOLLAUM;
US SMALL BUSINESS ADMINISTRATION; MEDALLION
BANK; BANK OF AMERICA, NA; STEPHEN AUBRECHT;
BONNIE AUBRECHT; BORHAM UDDIN AHMED;
ANGELA GINA AHMED; ANGELA AHMED;
WELLS FARGO BANK, NA
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 230FEE
Petitioner, COLLIER COUNTY, and Respondent(s), STEPHEN AUBRECHT AND
BONNIE AUBRECHT, by and through undersigned counsel, jointly move this Honorable Court
for the entry of the proposed Stipulated Final Judgment as to Parcel 230FEE, attached hereto as
Exhibit “1”.
____________________________ _/s/ JOSEPH M. HANRATTY___
JENNIFER A. BELPEDIO, ESQ. JOSEPH M. HANRATTY, ESQ
Florida Bar No. 186030 Florida Bar No. 0949760
Collier County Attorney’s Office 723 E King Street Suite A
3299 E. Tamimi Trail, Suite 800 Ocala, FL 34471
Naples, FL 34112 Telephone: 352-282-0053
Telephone: (239) 252-8400 COUNSEL FOR RESPONDENTS
COUNSEL FOR PETITIONER hanrattypleadings@gmail.com
Jennifer.Belpedio@colliercountyfl.gov jmhanratty@gmail.com
Sheri.Malcolm@colliercountyfl.gov
16.K.6.a
Packet Pg. 1697 Attachment: 1664376 P230 Stipfinal judgment (20131 : Stipulated Final Judgment for the taking of Parcel 230FEE)
[20-CA-3910/1664376/1]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated
Order of Taking was electronically filed with the Florida Courts E-Filing Portal on this _____ day
of ________ 2021.
BY: _______________________________
JENNIFER A. BELPEDIO, ESQ.
16.K.6.a
Packet Pg. 1698 Attachment: 1664376 P230 Stipfinal judgment (20131 : Stipulated Final Judgment for the taking of Parcel 230FEE)
[20-CA-3910/1664376/1]
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-3910
v. Parcel 230FEE
MITCHELL S. ROSSELL; MONICA P. NOWLYN;
CHASE BANK, NA; SEAN A. COLE; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC;
MARC E. MCCOLLAUM; MONICA MCCOLLAUM;
US SMALL BUSINESS ADMINISTRATION; MEDALLION
BANK; BANK OF AMERICA, NA; STEPHEN AUBRECHT;
BONNIE AUBRECHT; BORHAM UDDIN AHMED;
ANGELA GINA AHMED; ANGELA AHMED;
WELLS FARGO BANK, NA
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 230FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent(s), STEPHEN AUBRECHT AND BONNIE
AUBRECHT, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel
230FEE 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), STEPHEN AUBRECHT AND BONNIE AUBRECHT shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Two Hundred Forty-
Five Thousand and No/100 Dollars ($245,000.00) for Parcel 230FEE, as full payment for the
property interest taken, in connection with said Parcel.
16.K.6.a
Packet Pg. 1699 Attachment: 1664376 P230 Stipfinal judgment (20131 : Stipulated Final Judgment for the taking of Parcel 230FEE)
[20-CA-3910/1664376/1]
2. Respondent, STEPHEN AUBRECHT AND BONNIE AUBRECHT, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Twenty-Five Thousand Nine
Hundred Thirty-Eight and No/100 Dollars ($25,938.00), for all attorney fees and costs
associated with the acquisition of Parcel 230FEE.
3. Respondent, STEPHEN AUBRECHT AND BONNIE AUBRECHT, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Seventeen Thousand and
No/100 Dollars ($17,000.00), for all expert fees and costs associated with the acquisition of Parcel
230FEE, 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 Two Hundred Three Thousand
and No/100 Dollars ($203,000.00), as payment for the acquisition of Parcel 230FEE, 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 Eighty-Four Thousand Nine Hundred Thirty-
Eight and No/100 Dollars ($84,938.00), representing the total sum due for the acquisition of
Parcel 230FEE, attorney’s fees, costs, and expert fees, by mailing a check payable to Law Offices
of Joseph M. Hanratty, PLLL, Trust Account, 723 East Ft. King Street, Suite A, Ocala, FL 34471.
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.
16.K.6.a
Packet Pg. 1700 Attachment: 1664376 P230 Stipfinal judgment (20131 : Stipulated Final Judgment for the taking of Parcel 230FEE)
[20-CA-3910/1664376/1]
7. This Order disposes of all claims arising out of the taking of Parcel 230FEE 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 10, 2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
9. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5858, Page 3305 of the Public Records of Collier County, Florida be dismissed as to Parcel
230FEE.
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.6.a
Packet Pg. 1701 Attachment: 1664376 P230 Stipfinal judgment (20131 : Stipulated Final Judgment for the taking of Parcel 230FEE)
AERIAL – PARCEL 230FEE
VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168
/
PARCEL 230FEE
12th Ave NW
10th Ave NW
16.K.6.b
Packet Pg. 1702 Attachment: Aerial - Parcel 230FEE (20131 : Stipulated Final Judgment for the taking of Parcel 230FEE)