Agenda 11/09/2021 Item #16K 8 (Stipulated Final Judgement - Parcel 1186RDUE)11/09/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $19,000 plus $12,205.39
in statutory attorney fees, apportionment fees, and experts’ fees and costs for the taking of Parcel
1186RDUE required for the Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1186RDUE 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 1186RDUE 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 utility easement (RDUE) area consists of a strip taking 15-foot deep across the frontage of the
property along 8th Street NE and is approximately .052 acres (2,250 sq. ft.) in extent. The parent tract is
improved land with a single-family home owned by Mark and Sara Stern and contains 2.81 acres of gross
land area. An aerial photograph of the subject property is attached. The County’s appraiser estimated full
compensation at $3,400. The property owner’s initial demand was $31,000 plus attorney’s fees,
apportionment fees, and expert fees and costs. The parties participated in informal negotiations and
reached an agreement subject to Board approval. The attached Stipulated Final Judgment reflects a
negotiated compensation amount of $19,000 plus $5,478 in statutory attorney’s fees, $442.50 in
apportionment attorney’s fees, and $6,284.89 in expert fees and costs, for a total of $31,205.39.
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 $3,400 for its deposit of the good faith estimate
of value. Funds for the balance of $27,975.39 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. Stip Final Judgment -P1186RDUE(3) (DOCX)
2. Aerial Depiction 1186RDUE (DOCX)
16.K.8
Packet Pg. 1819
11/09/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.8
Doc ID: 20556
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$19,000 plus $12,205.39 in statutory attorney fees, apportionment fees, and experts’ fees and costs for the
taking of Parcel 1186RDUE 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
11/02/2021 3:48 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
11/02/2021 3:48 PM
Approved By:
Review:
Growth Management Department Trinity Scott Additional Reviewer Completed 11/02/2021 4:37 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 11/03/2021 7:16 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 11/03/2021 8:00 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 11/03/2021 8:37 AM
Capital Project Planning, Impact Fees, and Program Management Ian Barnwell Additional Reviewer Completed 11/03/2021 10:38 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 11/03/2021 10:53 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/03/2021 10:57 AM
Office of Management and Budget Geoffrey Willig Additional Reviewer Skipped 11/03/2021 11:15 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/03/2021 11:52 AM
County Manager's Office Mark Isackson Level 4 County Manager Review Completed 11/03/2021 12:09 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 11/09/2021 9:00 AM
16.K.8
Packet Pg. 1820
[20-CA-3649/1678700/1]
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-3649
v. Parcel 1186RDUE
CHRISTOPHER M. FENSTERMAKER; ANNETTE
M. FENSTERMAKER; DORIS A. TULIS; MARK W.
STERN; SARA K. STERN; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC; CHAD NIMNUAN;
CAROL NIMNUAN; BAMBI JO PENCE, AS SUCCESSOR
TRUSTEE OF THE VIRGINIA HOLT REVOCABLE
TRUST AGREEMENT DATED DECEMBER 17, 1992
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1186RDUE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, MARK W.
STERN AND SARA K. STERN, by and through undersigned counsel, hereby respectfully move
this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel 1186RDUE
attached hereto as Exhibit “1”.
____________________________ _/s/ KENNETH A. JONES______
COLLEEN M. GREENE, ESQ. KENNETH A. JONES, ESQ
Florida Bar No. 502650 Florida Bar No. 200158
Collier County Attorney’s Office Hahn Loeser & Parks, LLP
3299 E. Tamimi Trail, Suite 800 2400 First Street, Suite 300
Naples, FL 34112 Fort Myers, FL 33901-2904
Telephone: (239) 252-8400 Telephone: (239) 337-6727
COUNSEL FOR PETITIONER COUNSEL FOR RESPONDENT(S)
Colleen.Greene@colliercountyfl.gov kjones@hahnlaw.com
Sheri.Malcolm@colliercountyfl.gov jstone@hahnlaw.com
16.K.8.a
Packet Pg. 1821 Attachment: Stip Final Judgment -P1186RDUE(3) (20556 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel
[20-CA-3649/1678700/1]
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: _______________________________
COLLEEN M. GREENE, ESQ.
16.K.8.a
Packet Pg. 1822 Attachment: Stip Final Judgment -P1186RDUE(3) (20556 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel
[20-CA-3649/1678700/1]
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-3649
v. Parcel 1186RDUE
CHRISTOPHER M. FENSTERMAKER; ANNETTE
M. FENSTERMAKER; DORIS A. TULIS; MARK W.
STERN; SARA K. STERN; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC; CHAD NIMNUAN;
CAROL NIMNUAN; BAMBI JO PENCE, AS SUCCESSOR
TRUSTEE OF THE VIRGINIA HOLT REVOCABLE
TRUST AGREEMENT DATED DECEMBER 17, 1992
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1186RDUE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, MARK W. STERN AND SARA K. STERN,
by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel 1186RDUE 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, MARK W. STERN AND SARA K. STERN, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Nineteen Thousand and No/100
Dollars ($19,000.00) for Parcel 1186RDUE, as full payment for the property interest taken, in
connection with said Parcel.
2. Respondents, MARK W. STERN AND SARA K. STERN, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Five Thousand Four Hundred
Seventy-Eight and No/100 Dollars ($5,478.00), for all attorney fees and costs associated with the
16.K.8.a
Packet Pg. 1823 Attachment: Stip Final Judgment -P1186RDUE(3) (20556 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel
[20-CA-3649/1678700/1]
acquisition of Parcel 1186RDUE.
3. Respondents, MARK W. STERN AND SARA K. STERN, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Four Hundred Forty-Two Dollars
and 50/100 ($442.50) in supplemental attorney’s fees and costs associated with the acquisition of
Parcel 1234FEE.
4. Respondents, MARK W. STERN AND SARA K. STERN, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Six Thousand Two Hundred
Eighty-Four Dollars and 89/100 Dollars ($6,284.89), for all expert fees and costs associated with
the acquisition of Parcel 1186RDUE, 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 Three Thousand Four Hundred
and No/100 Dollars ($3,400.00), as payment for the acquisition of Parcel 1186RDUE, 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 Twenty-Seven Thousand Eight Hundred Five
and 39/100 Dollars ($27,805.39), representing the total sum due for the acquisition of Parcel
1186RDUE, attorney’s fees, costs, and expert fees, by mailing a check payable to Hahn Loeser &
Parks, LLP, Trust Account, c/o Kenneth A. Jones, Esq., 2400 First Street, Suite 300, Fort Myers,
FL 33901.
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.
16.K.8.a
Packet Pg. 1824 Attachment: Stip Final Judgment -P1186RDUE(3) (20556 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel
[20-CA-3649/1678700/1]
7. This Order disposes of all claims arising out of the taking of Parcel 1186RDUE 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
June 4, 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
5847, Page 3285 of the Public Records of Collier County, Florida be dismissed as to Parcel
1186RDUE.
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.a
Packet Pg. 1825 Attachment: Stip Final Judgment -P1186RDUE(3) (20556 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel
AERIAL – PARCEL 1186RDUE
(Vanderbilt Beach Rd. Ext. Project No. 60168)
/
EXISTING RIGHT-OF-WAY EXISTING RIGHT-OF-WAY
PARCEL 1186RDUE
16.K.8.b
Packet Pg. 1826 Attachment: Aerial Depiction 1186RDUE (20556 : Recommendation to approve a Stipulated Final