Agenda 09/28/2021 Item #16K 7 (Final Judgement Parcel 1259RDUE Project #60168)09/28/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $15,000 plus $11,271 in
statutory attorney and experts’ fees and costs for the taking of Parcel 1259RDUE, required for the
Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1259RDUE, 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 1259RDUE 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 roadway,
drainage and utility easement acquisition area consists of a strip taken along the easterly boundary of the
property, which is located on the west side of 16th Street NE and is approximately .052 acres in extent.
The parent tract is improved with one single-family home and associated site improvements owned by
George and Debra Martin and contains 2.34 acres of gross land area. An aerial photograph of the subject
property is attached. The County’s appraiser estimated full compensation at $2,500, which was adjusted
to $2,600 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 $78,800 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 $15,000
plus $4,323 in statutory attorney’s fees and $6,948 in expert fees and costs, for a total of $26,271.
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 $2,500 for its deposit of the good faith estimate
of value. Funds for the balance of $23,941 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. 1666270 P1259RDUE - Joint Motion for Stipulated Final Judgment (PDF)
2. Aerial - Parcel 1259RDUE (PDF)
16.K.7
Packet Pg. 1703
09/28/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.7
Doc ID: 20159
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$15,000 plus $11,271 in statutory attorney and experts’ fees and costs for the taking of Parcel
1259RDUE, 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
09/21/2021 4:33 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/21/2021 4:33 PM
Approved By:
Review:
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 09/21/2021 4:36 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 09/21/2021 5:23 PM
Growth Management Department Trinity Scott Additional Reviewer Completed 09/22/2021 8:45 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 09/22/2021 8:51 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 09/22/2021 8:59 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 09/22/2021 9:55 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/22/2021 10:01 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/22/2021 10:08 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/22/2021 11:31 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/22/2021 12:31 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/28/2021 9:00 AM
16.K.7
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16.K.7.a
Packet Pg. 1705 Attachment: 1666270 P1259RDUE - Joint Motion for Stipulated Final Judgment (20159 : Recommendation to approve a Stipulated Final
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Packet Pg. 1706 Attachment: 1666270 P1259RDUE - Joint Motion for Stipulated Final Judgment (20159 : Recommendation to approve a Stipulated Final
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Packet Pg. 1707 Attachment: 1666270 P1259RDUE - Joint Motion for Stipulated Final Judgment (20159 : Recommendation to approve a Stipulated Final
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Packet Pg. 1708 Attachment: 1666270 P1259RDUE - Joint Motion for Stipulated Final Judgment (20159 : Recommendation to approve a Stipulated Final
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Packet Pg. 1709 Attachment: 1666270 P1259RDUE - Joint Motion for Stipulated Final Judgment (20159 : Recommendation to approve a Stipulated Final
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Packet Pg. 1710 Attachment: 1666270 P1259RDUE - Joint Motion for Stipulated Final Judgment (20159 : Recommendation to approve a Stipulated Final
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Packet Pg. 1711 Attachment: 1666270 P1259RDUE - Joint Motion for Stipulated Final Judgment (20159 : Recommendation to approve a Stipulated Final
AERIAL – PARCEL 1259RDUE
VANDERBILT BEACH RD EXT PROJECT 60168
/
PARCEL 1259RDUE
16.K.7.b
Packet Pg. 1712 Attachment: Aerial - Parcel 1259RDUE (20159 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel 1259RDUE)