Agenda 10/26/2021 Item #16K 5 (VBR Ext. Stipulated Final Judgment)10/26/2021
16. K.5
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $60,000 plus $20,087.01
in statutory attorney fees including apportionment fees and experts' fees and costs for the taking of
Parcel 1270RDUE required for the Vanderbilt Beach Road Extension Project No. 60168.
OBJECTIVE: To settle full compensation for the taking of Parcel 1270RDUE 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 1270RDUE 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 16tn
Street NE and Massey Street from Vanderbilt Beach Road to south of Mockingbird Drive. The road
drainage and utility easement consists of a strip taking along the frontage of the property on 16t' Street NE
and is approximately .026 acres in extent. The parent tract is improved with a single-family home owned
by Robert and Donna Munz and contains 1.17 acres of gross land area. As a result of the taking, the front
yard setback will be reduced from 85 feet to 70 feet. An aerial photograph of the subject property is
attached. The County's appraiser estimated full compensation at $32,700 including severance damages.
After internal review by the Transportation Engineering Division, this amount was adjusted to $34,500 to
account for increases in property prices since the date of the appraisal. The property owner's initial
demand was $98,200 plus attorney's fees and expert fees and costs. The parties participated in informal
negotiations and reached a proposed agreement subject to Board approval. The attached Stipulated Final
Judgment reflects a negotiated compensation amount including severance damages of $60,000 plus $9,925
in statutory attorney's fees (including apportionment fees of $25) and $10,162.01 in expert fees and costs,
for a total of $80,087.01.
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 $32,700 for its deposit of the good faith
estimate of value. Funds for the balance of $47,557.01, 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. - CMG
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. P1270RDUE - Joint Motion for Stipulated Final Judgment (DOCX)
2. Aerial - Parcel 1270RDUE (PDF)
Packet Pg. 1650
16. K.5
10/26/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doe ID: 20400
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$60,000 plus $20,087.01 in statutory attorney fees including apportionment fees and experts' fees and
costs for the taking of Parcel 1270RDUE required for the Vanderbilt Beach Road Extension Project No.
60168.
Meeting Date: 10/26/2021
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Jessica Hayes
10/ 14/2021 3:02 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
10/14/2021 3:02 PM
Approved By:
Review:
Transportation Engineering
Robert Bosch
Additional Reviewer
Growth Management Operations Support
Jessica Hayes
Transportation Engineering
Jay Ahmad
Additional Reviewer
Growth Management Department
Trinity Scott
Additional Reviewer
Growth Management Department
Lisa Taylor
Additional Reviewer
Capital Project Planning, Impact Fees, and Program Management Ian Barnwell
County Attorney's Office
Colleen Greene
Level 2 Attorney Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
Office of Management and Budget
Susan Usher
Additional Reviewer
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
County Manager's Office
Amy Patterson
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Completed
10/14/2021 3:49 PM
Additional Reviewer Skipped
Completed
10/15/2021 9:28 AM
Completed
10/15/2021 9:43 AM
Completed
10/15/2021 10:00 AM
Additional Reviewer Completed
Completed
10/18/2021 9:32 AM
Completed
10/18/2021 10:34 AM
Completed
10/18/2021 1:34 PM
Completed
10/18/2021 3:09 PM
Completed
10/18/2021 5:01 PM
10/26/2021 9:00 AM
Packet Pg. 1651
16. K.5.a
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,
V.
Case No.: 20-CA-3646
Parcel 1270RDUE
EDWINA KASPAR, TRUSTEE; MARK GRADISHAR;
PHALLON GRADISHAR; LAKE MICHIGAN CREDIT
UNION; ADVANTA IRA SERVICES, LLC FBO
EUGENE R. DELUCIA IRA; NICHOLAS ANDREOULAKIS;
ROBERT A. MUNZ; AND DONNA THORP MUNZ
Respondents.
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1270RDUE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, ROBERT A.
MUNZ AND DONNA THORP MUNZ, by and through undersigned counsel, hereby respectfully
move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel 1270RDUE
attached hereto as Exhibit "1"
COLLEEN M. GREENE, ESQ.
Florida Bar No. 502650
Collier County Attorney's Office
3299 E. Tamimi Trail, Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Colleen.Greene@colliercountyfl.gov
Sheri.Malcolm@colliercountyfl.gov
/s/ KENNETH A. JONES
KENNETH A. JONES, ESQ
Florida Bar No. 200158
Hahn Loeser & Parks, LLP
2400 First Street, Suite 300
Fort Myers, FL 33901-2904
Telephone: (239) 337-6727
COUNSEL FOR RESPONDENT(S)
kjones@hahnlaw.com
jstone@hahnlaw.com
[20-CA-3646/1673751 /1 ]
Packet Pg. 1652
16. K.5.a
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.
COLLEEN M. GREENE, ESQ.
[20-CA-3646/1673751/1] Packet Pg. 1653
16. K.5.a
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-3646
V. Parcel 1270RDUE
EDWINA KASPAR, TRUSTEE; MARK GRADISHAR;
PHALLON GRADISHAR; LAKE MICHIGAN CREDIT
UNION; ADVANTA IRA SERVICES, LLC FBO
EUGENE R. DELUCIA IRA; NICHOLAS ANDREOULAKIS;
ROBERT A. MUNZ; AND DONNA THORP MUNZ
Respondents.
STIPULATED FINAL JUDGMENT AS TO PARCEL 1270RDUE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, ROBERT A. MUNZ AND DONNA THORP
MUNZ, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel
1270RDUE 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, ROBERT A. MUNZ AND DONNA THORP MUNZ, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Sixty Thousand and No/100
Dollars ($60,000.00) for Parcel 1270RDUE, as full payment for the property interest taken, in
connection with said Parcel.
2. Respondent, ROBERT A. MUNZ AND DONNA THORP MUNZ, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Nine Thousand Nine
Hundred and 00/100 Dollars ($9,900.00), for all attorney fees and costs associated with the
acquisition of Parcel 1270RDUE.
[20-CA-3646/1673751/1] Packet Pg. 1654
16. K.5.a
3. Respondent, ROBERT A. MUNZ AND DONNA THORP MUNZ, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Twenty -Five Dollars and
No/100 ($25.00) in supplemental attorney's fees and costs associated with the acquisition of
Parcel 1270RDUE.
4. Respondent, ROBERT A. MUNZ AND DONNA THORP MUNZ, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Ten Thousand One Hundred
Sixty -Two Dollars and 01/100 Dollars ($10,162.01), for all expert fees and costs associated with
the acquisition of Parcel 1270RDUE, and no other expert fees or costs shall be paid in this matter.
5. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good
faith estimate of value previously deposited in the amount of Thirty -Two Thousand Seven
Hundred and No/100 Dollars ($32,700.00), as payment for the acquisition of Parcel 1270RDUE,
at which time title to said Parcel as described in Exhibit "A" vested in the name of Petitioner
COLLIER COUNTY, FLORIDA.
6. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Forty -Seven Thousand Three Hundred
Eighty -Seven and 01/100 Dollars ($47,387.01), representing the total sum due for the acquisition
of Parcel 1270RDUE, attorney's fees, costs, and expert fees, by issuing and mailing a check to
Jahn Loeser & Parks, LLP, c/o Kenneth A. Jones, Esq., 2400 First Street, Suite 300, Fort Myers,
FL 33901.
7. 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.
8. This Order disposes of all claims arising out of the taking of Parcel 1270RDUE that
have or could have been asserted in this cause.
[20-CA-3646/1673751/1] Packet Pg. 1655
16. K.5.a
9. 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 5, 2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
10. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5847, Page 3404 of the Public Records of Collier County, Florida be dismissed as to Parcel
1270RDUE.
11. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
12. 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.
Exhibit "A"
THE HONORABLE ELIZABETH V. KRIER
Circuit Court Judge
LEGAL DESCRIPTION FOR PARCEL 1270 ROUE
A PORTION OF TRACT 5, GOLDEN GATE ESTATES UNIT 16, AS RECORDED IN PLAT BOOK 7, PAGE 3,
OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORZA, LYING IN SECTION 36. TOWNSHIP 48
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. BEND MORE PARTICULARLY DESCRIBED AS
FOLD~: , i 1 I F i I l+
1
THE EAST 15 FEET OF THE WEST 65 FEET OF THE NORTH 75 FEET OF SAID TRACT V �C�l�tel l
ti `v' ,.•...
CONTAINING 1,125 SQUARE FEET. MORE OR LESS. y= �Ctif is q
[20-cA-3646/167375I/I] Packet Pg. 1656
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Packet Pg. 1657