Agenda 09/28/2021 Item #16K 8 (Final Judgement Parcel 1106FEE Project #60168)09/28/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $70,000 plus $20,374.25
in statutory attorney and experts’ fees and costs for the taking of Parcel 1106FEE, required for the
Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1106FEE, 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 1106FEE 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, which is
located on the north side of 10th Avenue NE and is approximately .017 acres in extent. The parent tract is
improved with a single-family home and associated site improvements, owned by Jose Luviano and
contains 1.14 acres of gross land area, which will be reduced to 0.97 acres after the acquisition. An aerial
photograph of the subject property is attached. The County’s appraiser estimated full compensation at
$33,000, which was adjusted to $33,700 by the Transportation Engineering Division’s Review Apprais er
to account for increases in property prices since the date of the appraisal. The property owner’s initial
demand was $115,400 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 $70,000 plus $12,210 in statutory attorney’s fees and $8,164.25 in expert fees
and costs, for a total of $90,374.25.
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 $33,000 for its deposit of the good faith
estimate of value. Funds for the balance of $57,544.25 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. Aerial - Parcel 1106FEE (PDF)
2. P1106FEE - Joint Motion for Stip Final Judgment (PDF)
16.K.8
Packet Pg. 1713
09/28/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.8
Doc ID: 20165
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$70,000 plus $20,374.25 in statutory attorney and experts’ fees and costs for the taking of Parcel
1106FEE, 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: Rosa Villarreal
09/22/2021 11:52 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/22/2021 11:52 AM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 09/22/2021 12:45 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 09/22/2021 12:47 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 09/22/2021 12:59 PM
Growth Management Department Trinity Scott Additional Reviewer Completed 09/22/2021 1:01 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 09/22/2021 1:03 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 09/22/2021 3:16 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/22/2021 3:19 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/22/2021 3:32 PM
Office of Management and Budget Geoffrey Willig Additional Reviewer Skipped 09/22/2021 4:08 PM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 09/22/2021 4:08 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/28/2021 9:00 AM
16.K.8
Packet Pg. 1714
AERIAL – PARCEL 1106FEE
VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168
/
PARCEL 1106FEE
10th Ave NE
12th Ave NE
16.K.8.a
Packet Pg. 1715 Attachment: Aerial - Parcel 1106FEE (20165 : Recommendation to approve a Stipulated Final Judgment for Parcel 1106FEE Vanderbilt Beach
[20-CA-3613/1668421/1]
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-3613
v. Parcels: 1106FEE
CRAFT PROPERTY, LLC; CURTIS JOHN MCCONNELL;
FERNANDO CHAVEZ MENDEZ; JOSE L. LUVIANO;
EMMA LUVIANO; WELLS FARGO BANK, NA
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1106FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, JOSE L.
LUVIANO AND EMMA LUVIANO, by and through undersigned counsel, hereby respectfully
move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel 1106FEE
attached hereto as Exhibit “1”.
____________________________ /s/ Andrew G. Diaz
JENNIFER A. BELPEDIO, ESQ. ANDREW G. DIAZ, ESQ
Florida Bar No. 186030 Florida Bar No. 974196
Collier County Attorney’s Office Gaylord Merlin Ludovici & Diaz
3299 E. Tamimi Trail, Suite 800 5001 W Cypress St
Naples, FL 34112 Tampa, FL 33607-3803
Telephone: (239) 252-8400 Telephone: 813-221-9000
COUNSEL FOR PETITIONER COUNSEL FOR RESPONDENT
Jennifer/Belpedio@colliercountyfl.gov adiaz@gaylordmerlin.com
Sheri.Malcolm@colliercountyfl.gov ckearney@gaylordmerlin.com
16.K.8.b
Packet Pg. 1716 Attachment: P1106FEE - Joint Motion for Stip Final Judgment (20165 : Recommendation to approve a Stipulated Final Judgment for Parcel
[20-CA-3613/1668421/1]
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: _______________________________
JENNIFER A. BELPEDIO, ESQ.
16.K.8.b
Packet Pg. 1717 Attachment: P1106FEE - Joint Motion for Stip Final Judgment (20165 : Recommendation to approve a Stipulated Final Judgment for Parcel
[20-CA-3613/1668421/1]
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-3613
v. Parcels: 1106FEE
CRAFT PROPERTY, LLC; CURTIS JOHN MCCONNELL;
FERNANDO CHAVEZ MENDEZ; JOSE L. LUVIANO;
EMMA LUVIANO; WELLS FARGO BANK, NA
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1106FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, JOSE L. LUVIANO AND EMMA
LUVIANO, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel
1106FEE 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. Respondents, JOSE L. LUVIANO AND EMMA LUVIANO, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Seventy Thousand and No/100
Dollars ($70,000.00) for Parcel 1106FEE, as full payment for the property interest taken, in
connection with said Parcel.
2. Respondents, JOSE L. LUVIANO AND EMMA LUVIANO, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Twelve Thousand Two Hundred
Ten and No/100 Dollars ($12,210.00), for all attorney fees and costs associated with the
acquisition of Parcel 1106FEE.
3. Respondents, JOSE L. LUVIANO AND EMMA LUVIANO, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Eight Thousand One Hundred
16.K.8.b
Packet Pg. 1718 Attachment: P1106FEE - Joint Motion for Stip Final Judgment (20165 : Recommendation to approve a Stipulated Final Judgment for Parcel
[20-CA-3613/1668421/1]
Sixty-Four Dollars and 25/100 Dollars ($8,164.25), for all expert fees and costs associated with
the acquisition of Parcel 1106FEE, 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 Thirty-Three Thousand and
No/100 Dollars ($33,000.00), as payment for the acquisition of Parcel 1106FEE, 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 Fifty-Seven Thousand Three Hundred
Seventy-Four and 25/100 Dollars ($57,374.25), representing the total sum due for the acquisition
of Parcel 1106FEE, all attorney’s fees, costs, and expert fees, by mailing a check payable to
Gaylord Merlin Ludovici & Diaz, PL, c/o Andrew Diaz, Esq., 5001 W. Cypress Street, Tampa, FL
33607.
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 1106FEE 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
April 28, 2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
16.K.8.b
Packet Pg. 1719 Attachment: P1106FEE - Joint Motion for Stip Final Judgment (20165 : Recommendation to approve a Stipulated Final Judgment for Parcel
[20-CA-3613/1668421/1]
9. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5847, Page 3517 of the Public Records of Collier County, Florida be dismissed as to Parcel
1106FEE.
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.8.b
Packet Pg. 1720 Attachment: P1106FEE - Joint Motion for Stip Final Judgment (20165 : Recommendation to approve a Stipulated Final Judgment for Parcel