Agenda 10/12/2021 Item #16K5 (Final Judgement - VB Ext. Project)10/12/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $75,000 plus $15,820 in
statutory attorney and experts’ fees and costs for the taking of Parcel 239FEE, required for the
Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 239FEE, 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 239FEE 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 southerly boundary of the property, which is
located on the south side of 12th Avenue NW and is approximately .46 acres in extent. The parent tract is
improved with a single-family home and associated site improvements, owned by Kimberly Kay Lenahan
and contains 2.73 acres of gross land area, which will be reduced to 2.27 acres after the acquisition. An
aerial photograph of the subject property is attached. The County’s appraiser estimated full compensation
at $61,000. After an internal review by the Transportation Engineering Division, this amount was
adjusted to $63,500 to account for increases in property prices since the date of the appraisal. The
property owner’s initial demand was $85,050 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 $75,000 plus $11,220 in statutory attorney’s fees and $4,600
in expert fees and costs, for a total of $90,820.
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 $61,400 for its deposit of the good faith
estimate of value. Funds for the balance of $29,590 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. P239FEE Joint Motion for Stipulated Final Judgment (DOCX)
2. Aerial - Parcel 239FEE (PDF)
16.K.5
Packet Pg. 1257
10/12/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doc ID: 20262
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$75,000 plus $15,820 in statutory attorney and experts’ fees and costs for the taking of Parcel 239FEE,
required for the Vanderbilt Beach Road Extension Project No. 60168.
Meeting Date: 10/12/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Jessica Hayes
10/05/2021 2:10 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
10/05/2021 2:10 PM
Approved By:
Review:
Growth Management Operations Support Jessica Hayes Additional Reviewer Skipped 10/05/2021 2:14 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 10/05/2021 2:22 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 10/05/2021 2:22 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 10/05/2021 2:24 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/06/2021 9:09 AM
Capital Project Planning, Impact Fees, and Program Management Ian Barnwell Additional Reviewer Completed 10/06/2021 2:01 PM
Growth Management Department Trinity Scott Additional Reviewer Completed 10/06/2021 2:10 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/06/2021 2:12 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/06/2021 3:30 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 10/06/2021 3:36 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 10/06/2021 4:15 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 10/12/2021 9:00 AM
16.K.5
Packet Pg. 1258
[21-CA-701/1671727/1]
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.: 21-CA-701
v. Parcel 239FEE
BRENDA L. ALLEGAR-KIRKHOFF; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC; HMF
FL C, LLC; RICHARD A. FAUST; CAROLYN A. FAUST;
WILLIAM BAYER; ANGELINA TURRA; BRIAN K.
HOLDEMAN; MARY A. HOLDEMAN; NINA K.
HOLDEMAN; WELLS FARGO BANK, NA; KIMBERLY
KAY LENAHAN; HSBC BANK USA, NA, AS
TRUSTEE UNDER THE POOLING AND SERVICING
AGREEMENT DATED AS OF JULY 1, 2005,
FREEMONT HOME LOAN TRUST 2005-C;
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 239FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, KIMBERLY
KAY LENAHAN, by and through undersigned counsel, hereby respectfully move this Court for
the entry of the foregoing Stipulated Final Judgment as to Parcel 239FEE attached hereto as
Exhibit “1”.
___________________________
JENNIFER A. BELPEDIO, ESQ.
Florida Bar No. 186030
Collier County Attorney’s Office
3299 E. Tamiami Tr., Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Jennifer.Belpedio@colliercountyfl.gov
Sheri.Malcolm@colliercountyfl.gov
_/s/ Nabil Joseph_____
NABIL JOSEPH, ESQ.
Florida Bar Number: 1012159
NJ LAW PLLC
3411 Tamiami Trail N., Ste 100
Naples, FL 34103
Tel: (239) 920-5228 / Fax: (239) 920-5289
Primary Email: nabil@njlawflorida.com
Secondary Email: danielle@njlawflorida.com
16.K.5.a
Packet Pg. 1259 Attachment: P239FEE Joint Motion for Stipulated Final Judgment (20262 : Recommendation to approve a Stipulated Final Judgment for the
[21-CA-701/1671727/1]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Entry of a
Stipulated Final Judgment was filed with the FL Courts E-Filing Portal on this ___ day of
_____________2021.
By: __________________________
JENNIFER A. BELPEDIO, ESQ.
16.K.5.a
Packet Pg. 1260 Attachment: P239FEE Joint Motion for Stipulated Final Judgment (20262 : Recommendation to approve a Stipulated Final Judgment for the
[21-CA-701/1671727/1]
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.: 21-CA-701
v. Parcel 239FEE
BRENDA L. ALLEGAR-KIRKHOFF; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC; HMF
FL C, LLC; RICHARD A. FAUST; CAROLYN A. FAUST;
WILLIAM BAYER; ANGELINA TURRA; BRIAN K.
HOLDEMAN; MARY A. HOLDEMAN; NINA K.
HOLDEMAN; WELLS FARGO BANK, NA; KIMBERLY
KAY LENAHAN; HSBC BANK USA, NA, AS
TRUSTEE UNDER THE POOLING AND SERVICING
AGREEMENT DATED AS OF JULY 1, 2005,
FREEMONT HOME LOAN TRUST 2005-C;
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 239FEE
(with disbursement instructions to the Clerk)
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, KIMBERLY KAY LENAHAN, by and
through undersigned counsel, for the entry of a Stipulated Final Judgment as to Parcel 239FEE 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, KIMBERLY KAY LENAHAN, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Seventy-Five Thousand and No/100 Dollars
($75,000.00) for Parcel 239FEE, as full payment for the property interest taken, in connection
with said parcel.
2. Respondent, KIMBERLY KAY LENAHAN, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Eleven Thousand Two Hundred Twenty
16.K.5.a
Packet Pg. 1261 Attachment: P239FEE Joint Motion for Stipulated Final Judgment (20262 : Recommendation to approve a Stipulated Final Judgment for the
[21-CA-701/1671727/1]
and No/100 Dollars ($11,220.00), for all attorney’s fees and costs, and no other attorney’s fees
or costs shall be paid in this matter.
3. Respondent, KIMBERLY KAY LENAHAN, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Four Thousand Six Hundred and No/100
Dollars ($4,600.00), for all expert fees and costs, 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 Sixty-One Thousand Four
Hundred and No/100 Dollars ($61,400.00), as payment for the acquisition of Parcel 239FEE, 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, the Petitioner shall deposit the
total sum of Twenty-Nine Thousand Four Hundred Twenty and No/100 Dollars ($29,420.00),
into the Court’s Registry.
6. Immediately upon deposit, the Clerk of Courts shall issue a check for the total sum
on deposit of Twenty-Nine Thousand Four Hundred Twenty and No/100 Dollars ($29,420.00)
to counsel for Respondent, Nabil Joseph, Esq., NJ LAW PLLC, 3411 Tamiami Trail N., Ste 100,
Naples, FL 34103.
7. This Order disposes of all claims arising out of the taking of Parcel 239FEE 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 Order of Taking dated August 16,
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
5907, Page 2604 of the Public Records of Collier County, Florida be dismissed as to Parcel
239FEE.
16.K.5.a
Packet Pg. 1262 Attachment: P239FEE Joint Motion for Stipulated Final Judgment (20262 : Recommendation to approve a Stipulated Final Judgment for the
[21-CA-701/1671727/1]
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.
DONE AND ORDERED in Chambers, Naples, Collier County, Florida, on this ____ day
of ____________, 2021.
_____________________________________
THE HONORABLE LAUREN L. BRODIE
Circuit Court Judge
Cc: Jennifer A. Belpedio, Esq.
Nabil Joseph, Esq.
Peter A. Hernandez, Esq.
Barbara Fernandez, Esq.
Exhibit “A”
16.K.5.a
Packet Pg. 1263 Attachment: P239FEE Joint Motion for Stipulated Final Judgment (20262 : Recommendation to approve a Stipulated Final Judgment for the
AERIAL – PARCEL 239FEE (VANDERBILT BEACH RD. EXT. PROJECT 60168
/
PARCEL 239FEE
16.K.5.b
Packet Pg. 1264 Attachment: Aerial - Parcel 239FEE (20262 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel 239FEE,)