Agenda 09/28/2021 Item #16K 9 (Final Judgement Parcel 1269RDUE Projct #60168)09/28/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $15,000 plus $7,500 in
statutory attorney and experts’ fees and costs for the taking of Parcel 1269RDUE, required for the
Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1269RDUE, 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 1269RDUE 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 taking along the westerly boundary of the
property, which is located on the east side of 16th Street NE, and is approximately .052 acres in extent.
The parent tract is unimproved and owned by Patricia Cunningham 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 $2,600, which was adjusted to $2,750 by the Transportation Engineering Division’s
Review Appraiser to account for increases in property prices since the date of the appraisal. The p arties
participated in informal negotiations and reached an agreement. The attached Stipulated Final Judgement
reflects a negotiated compensation amount of $15,000 plus $7,500 in statutory attorney’s fees and expert
fees and costs, for a total of $22,500.
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 $2,600 for its deposit of the good faith estimate
of value. Funds for the balance of $20,070 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. P1269RDUE Stip FJ OT NO MTG(1) (PDF)
2. Aerial - Parcel 1269RDUE (PDF)
16.K.9
Packet Pg. 1721
09/28/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.9
Doc ID: 20167
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$15,000 plus $7,500 in statutory attorney and experts’ fees and costs for the taking of Parcel 1269RDUE,
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 11:58 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/22/2021 11:58 AM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 09/22/2021 12:42 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 09/22/2021 12:43 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 1:05 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 09/22/2021 1:11 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 09/22/2021 3:15 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/22/2021 3:18 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.9
Packet Pg. 1722
[20-CA-3651/1668213/1]
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-3651
v. Parcel 1269RDUE
GEORGE HERRERA; TANAIRIS HERRERA; FIFTH
THIRD BANK, NA; EPIC ROOFING AND EXTERIORS;
ESTATE OF GEORGE R. VACCA; OSWALDO M.
FERNANDEZ ECHEVERRIA; BEATRIZ CASTANET
VIZCAINO; PATRICIA PAMELA CUNNINGHAM;
GOLDEN GATE OF NAPLES, INC.
Respondents.
______________________________________________/
JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCEL 1269RDUE
Petitioner, COLLIER COUNTY, and Respondent, PATRICIA PAMELA
CUNNINGHAM, by and through undersigned counsel, jointly move this Honorable Court for the
entry of the proposed Stipulated Final Judgment as to Parcel 1269RDUE, attached hereto as
Exhibit “1”.
____________________________ _/s/ PRINEET D. SHARMA_____
JENNIFER A. BELPEDIO, ESQ. PRINEET D. SHARMA, ESQ
Florida Bar No. 186030 Florida Bar No. 0154520
Collier County Attorney’s Office Sharma Eminent Domain Lawyers
3299 E. Tamimi Trail, Suite 800 3732 Winter Garden Vineland Rd.
Naples, FL 34112 Winter Garden, FL 34787
Telephone: (239) 252-8400 Telephone: (407) 395-3301
COUNSEL FOR PETITIONER COUNSEL FOR RESPONDENT
Colleen.Greene@colliercountyfl.gov Prineet@sharmafl.com
Sheri.Malcolm@colliercountyfl.gov melissa@sharmafl.com
16.K.9.a
Packet Pg. 1723 Attachment: P1269RDUE Stip FJ OT NO MTG(1) (20167 : Recommendation to approve a Stipulated Final Judgment for Parcel 1269RDUE)
[20-CA-3651/1668213/1]
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
September 2021.
BY: _______________________________
JENNIFER A. BELPEDIO, ESQ.
16.K.9.a
Packet Pg. 1724 Attachment: P1269RDUE Stip FJ OT NO MTG(1) (20167 : Recommendation to approve a Stipulated Final Judgment for Parcel 1269RDUE)
[20-CA-3651/1668213/1]
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-3651
v. Parcel 1269RDUE
GEORGE HERRERA; TANAIRIS HERRERA; FIFTH
THIRD BANK, NA; EPIC ROOFING AND EXTERIORS;
ESTATE OF GEORGE R. VACCA; OSWALDO M.
FERNANDEZ ECHEVERRIA; BEATRIZ CASTANET
VIZCAINO; PATRICIA PAMELA CUNNINGHAM;
GOLDEN GATE OF NAPLES, INC.
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1269RDUE
(with disbursement)
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, and Respondent, PATRICIA PAMELA CUNNINGHAM, by and through
counsel, for entry of a Stipulated Final Judgment as to Parcel 1269RDUE, for Project No. 60168,
and it appearing to the 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 thereupon
ORDERED AND ADJUDGED that:
1. Respondent, PATRICIA PAMELA CUNNINGHAM, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Twenty-Two Thousand Five
Hundred and No/100 Dollars ($22,500.00) for Parcel 1269RDUE, as full payment for the
property interest taken, all damages, and all attorney’s fees, expert fees, and costs, in connection
16.K.9.a
Packet Pg. 1725 Attachment: P1269RDUE Stip FJ OT NO MTG(1) (20167 : Recommendation to approve a Stipulated Final Judgment for Parcel 1269RDUE)
[20-CA-3651/1668213/1]
with said parcel. Of that amount, Fifteen Thousand Dollars ($15,000) shall be allocated as full
compensation to Respondent for the taking of Parcel 1269RDUE, and Seven Thousand Five
Hundred Dollars ($7,500) shall be allocated to attorney’s fees, expert fees, and costs.
2. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good
faith estimate of value previously deposited in the amount of Two Thousand Six Hundred and
No/100 Dollars ($2,600.00), as payment for the acquisition of Parcel 1269RDUE, at which time
title to said parcel as described in Exhibit “A” vested in the name of Petitioner COLLIER
COUNTY, FLORIDA.
3. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Nineteen Thousand Nine Hundred and No/100
Dollars ($19,900.00), as outlined above, by mailing a check to Sharma Eminent Domain Lawyers,
P.L.L.C., 3732 Winter Garden Vineland Rd., Winter Garden, FL 34787.
4. Within thirty (30) days from the entry of this Order, the Clerk of Court’s shall
disburse from the Court’s Registry the total sum of Two Thousand Six Hundred and No/100
Dollars ($2,600.00), by mailing a check to Sharma Eminent Domain Lawyers, P.L.L.C., c/o
Prineet D. Sharma, Esq., 3732 Winter Garden Vineland Rd., Winter Garden, FL 34787.
5. This Order disposes of all claims arising out of the taking of Parcel 1269RDUE that
have or could have been asserted in this cause.
6. A perpetual non-exclusive road right of way, drainage and utility easement taking,
being fully described in Exhibit “A” attached hereto and incorporated herein, which vested in
Petitioner pursuant to the Order of Taking dated June 14, 2021, and the deposit of money
heretofore made, is approved, ratified, and confirmed.
16.K.9.a
Packet Pg. 1726 Attachment: P1269RDUE Stip FJ OT NO MTG(1) (20167 : Recommendation to approve a Stipulated Final Judgment for Parcel 1269RDUE)
[20-CA-3651/1668213/1]
7. The Petitioner shall construct its project in substantial conformity to the
construction plans filed on July 13, 2021. Respondent, Pamela Cunningham, shall have the same
remedies as would have been afforded to her had the case been resolved by verdict with said plans
and specifications having been made a part of the record at trial except that Petitioner shall also
have the right to construct a sidewalk adjacent to Respondent’s property without the payment of
any additional compensation to Respondent. Central & Southern Florida Flood Control District
v. Wye River Farms, Inc., 297 So.2d 323 (Fla. 4th DCA 1974); cert. denied 310 So.2d 745 (Fla.
1975).
8. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5848, Page 752 of the Public Records of Collier County, Florida be dismissed as to Parcel
1269RDUE.
9. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
10. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Exhibit “A”
16.K.9.a
Packet Pg. 1727 Attachment: P1269RDUE Stip FJ OT NO MTG(1) (20167 : Recommendation to approve a Stipulated Final Judgment for Parcel 1269RDUE)
AERIAL – PARCEL 1269RDUE
VANDERBILT BEACH RD EXT PROJECT 60168
PARCEL 1269RDUE 16th Street NE 12th Avenue NE
/
16.K.9.b
Packet Pg. 1728 Attachment: Aerial - Parcel 1269RDUE (20167 : Recommendation to approve a Stipulated Final Judgment for Parcel 1269RDUE)