Agenda 11/09/2021 Item #16K 7 (Stipulated Final Judgement - Parcel 243RDUE)11/09/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $66,250 plus $21,652.50
in statutory attorney fees including experts’ fees and costs for the taking of Parcel 243RDUE
required for the Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 243RDUE 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 243RDUE 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 road
drainage and utility easement consists of a strip taking along the frontage of the property on Wilson
Boulevard and is approximately .114 acres in extent. The parent tract is improved with a single-family
model home owned by Laram Construction, Inc. and contains 2.81 acres of gross land area. As a result of
the taking, the front yard setback will be reduced from 160 feet to 127 feet. An aerial photograph of the
subject property is attached. The County’s appraiser estimated full compensation at $24,000 including
severance damages. After internal review by the Transportation Engineering Division, this am ount was
adjusted to $28,400 to account for increases in property prices since the date of the appraisal. The
property owner’s initial demand was $176,640 plus attorney’s fees and expert fees and costs. The parties
participated in mediation on October 25, 2021 and reached a proposed agreement subject to Board
approval. The attached Stipulated Final Judgment reflects a negotiated compensation amount including
severance damages of $66,250 plus $16,252.50 in statutory attorney’s fees and $5,400 in expert fees and
costs, for a total of $87,902.50.
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 $24,000 for its deposit of the good faith
estimate of value. Funds for the balance of $64,072.50, which includes the Clerk’s $170.00 deposit fe e,
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. P243RDUE Stip Final Judgment(3) (DOCX)
2. Aerial 243RDUE (PDF)
16.K.7
Packet Pg. 1811
11/09/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.7
Doc ID: 20527
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$66,250 plus $21,652.50 in statutory attorney fees including experts’ fees and costs for the taking of
Parcel 243RDUE required for the Vanderbilt Beach Road Extension Project No. 60168.
Meeting Date: 11/09/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Jessica Hayes
11/01/2021 3:13 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
11/01/2021 3:13 PM
Approved By:
Review:
Transportation Engineering Michelle Sweet Additional Reviewer Completed 11/02/2021 5:25 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 11/02/2021 7:30 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 11/02/2021 8:21 AM
Growth Management Department Trinity Scott Additional Reviewer Completed 11/02/2021 9:11 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 11/03/2021 11:07 AM
Capital Project Planning, Impact Fees, and Program Management Ian Barnwell Additional Reviewer Completed 11/03/2021 11:13 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/03/2021 11:16 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 11/03/2021 11:22 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/03/2021 11:53 AM
County Manager's Office Mark Isackson Level 4 County Manager Review Completed 11/03/2021 12:05 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 11/09/2021 9:00 AM
16.K.7
Packet Pg. 1812
[21-CA-600/1677448/1]
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-600
v. Parcel 243RDUE
RICHARD B. SYLVIA; SUNCOAST CREDIT UNION;
LARAM CONSTRUCTION, INC; PHENIX PAUL; MARIE
CAROLLE PAUL JEAN A/K/A JEAN MARIE CAROLLE PAUL;
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC;
RAMON BETANCOURT; ANNA M. BETANCOURT; MARIA
MAGDELENA HERNANDEZ; ANAELIS BETANCOURT;
JP MORGAN CHASE BANK, NA; ERNESTINA GARCIA
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 243RDUE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, LARAM
CONSTRUCTION, INC, by and through undersigned counsel, hereby respectfully move this
Court for the entry of the foregoing Stipulated Final Judgment as to Parcel 243RDUE attached
hereto as Exhibit “1”.
________________________________
COLLEEN M. GREENE, ESQ.
Florida Bar No. 502650
JENNIFER A. BELPEDIO, ESQ.
Florida Bar No. 186030
Collier County Attorney’s Office
3299 E. Tamiami Trail, Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
Facsimile: (239) 774-0225
COUNSEL FOR PETITIONER
Colleen.Greene@colliercountyfl.gov
Jennifer.Belpedio@colliercountyfl.gov
Sheri.Malcolm@colliercountyfl.gov
__________/s/ Nabil Joseph____
NABIL JOSEPH, ESQ.
Florida Bar No. 1012159
NJ Law PLLC
3411 Tamiami Trail N, Suite 100
Naples, FL 34103
Telephone: (239) 920-5228
Facsimile: (239) 920-5289
COUNSEL FOR RESPONDENT
nabil@njlawflorida.com
danielle@njlawflorida.com
16.K.7.a
Packet Pg. 1813 Attachment: P243RDUE Stip Final Judgment(3) (20527 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel
[21-CA-600/1677448/1]
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.7.a
Packet Pg. 1814 Attachment: P243RDUE Stip Final Judgment(3) (20527 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel
[21-CA-600/1677448/1]
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-600
v. Parcel 243RDUE
RICHARD B. SYLVIA; SUNCOAST CREDIT UNION;
LARAM CONSTRUCTION, INC; PHENIX PAUL; MARIE
CAROLLE PAUL JEAN A/K/A JEAN MARIE CAROLLE PAUL;
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC;
RAMON BETANCOURT; ANNA M. BETANCOURT; MARIA
MAGDELENA HERNANDEZ; ANAELIS BETANCOURT;
JP MORGAN CHASE BANK, NA; ERNESTINA GARCIA
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 243RDUE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, LARAM CONSTRUCTION, INC, by and
through counsel, for the entry of a Stipulated Final Judgment as to Parcel 243RDUE 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, LARAM CONSTRUCTION, INC, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Sixty-Six Thousand and Two Hundred Fifty
No/100 Dollars ($66,250.00) for Parcel 243RDUE, as full payment for the property interest
taken, in connection with said Parcel.
2. Respondent, LARAM CONSTRUCTION, INC, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Sixteen Thousand Two Hundred Fifty-Two
and 50/100 Dollars ($16,252.50), for all attorney fees and costs associated with the acquisition
16.K.7.a
Packet Pg. 1815 Attachment: P243RDUE Stip Final Judgment(3) (20527 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel
[21-CA-600/1677448/1]
of Parcel 243RDUE.
3. Respondent, LARAM CONSTRUCTION, INC, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Five Thousand Four Hundred Dollars and
No/100 Dollars ($5,400.00), for all expert fees and costs associated with the acquisition of Parcel
243RDUE, 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 Twenty-Four Thousand and
No/100 Dollars ($24,000.00), as payment for the acquisition of Parcel 243RDUE, 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 Sixty-Three Thousand Nine Hundred Two and 50/100
Dollars ($63,902.50), representing the total sum due for the acquisition of Parcel 243RDUE,
attorney’s fees, costs, and expert fees, by check made payable to Respondent’s counsel, NJ Law
PLLC, Trust Account and mailed to: NJ Law PLLC, 3411 Tamiami Trail N, Suite 100, Naples,
FL 34103.
.
6. This Order disposes of all claims arising out of the taking of Parcel 243RDUE that
have or could have been asserted in this cause.
7. 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 August 16, 2021, and the deposit of money
heretofore made, is approved, ratified, and confirmed.
8. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5902, Page 3252 of the Public Records of Collier County, Florida be dismissed as to Parcel
243RDUE.
16.K.7.a
Packet Pg. 1816 Attachment: P243RDUE Stip Final Judgment(3) (20527 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel
[21-CA-600/1677448/1]
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.
DONE AND ORDERED in Chambers, Collier County, Naples, Florida, this ___ day of
_______ 2021.
THE HONORABLE LAUREN L. BRODIE
Circuit Court Judge
Exhibit “A”
16.K.7.a
Packet Pg. 1817 Attachment: P243RDUE Stip Final Judgment(3) (20527 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel
VANDERBILT BEACH ROAD EXTENSION PROJECT 60168 – PARCEL 243RDUE / PARCEL 23RDUE EXISTING RIGHT-OF-WAY PER PLAT EXISTING RIGHT-OF-WAY PER PLAT 16.K.7.bPacket Pg. 1818Attachment: Aerial 243RDUE (20527 : Recommendation to approve a Stipulated Final Judgment for the