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Agenda 12/14/2021 Item #16K 8 (Stipulated Final Judgment for Parcel 121POND - VBR Ext.)12/14/2021 16. K.8 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment in the amount of $694,600 plus $91,202.78 in statutory attorney and experts' fees and costs for the taking of Parcel 121POND required for the Vanderbilt Beach Road Extension Project No. 60168. OBJECTIVE: To settle full compensation for the taking of Parcel 121POND 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 121POND 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 is the entire unimproved parcel which is approximately 5.67 acres in total. The parcel was owned by Charlie Sparks. An aerial photograph of the subject property is attached. The County's date of deposit appraisal concluded to a value of $680,400. The property owner's initial demand was $708,800 plus attorney's fees and expert fees and costs. The parties conducted informal negotiations and reached an agreement. The attached Stipulated Final Judgment reflects a negotiated compensation amount of $694,600 plus $87,400 in statutory attorney's fees and $3,802.78 in expert fees and costs, for a total of $785,802.78. 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 $563,000 for its deposit of the good faith estimate of value. Funds for the balance of $222,802.78 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. P121POND - Stip Final Judgment-JNES(2) (DOCX) 2. Aerial - Parcel 121POND(1) (PDF) Packet Pg. 2758 16. K.8 12/14/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.8 Doe ID: 20723 Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of $694,600 plus $91,202.78 in statutory attorney and experts' fees and required for the Vanderbilt Beach Road Extension Project No. 60168. Meeting Date: 12/14/2021 Prepared by: Title: Legal Assistant — County Attorney's Office Name: Jessica Hayes 11/30/2021 1:48 PM Submitted by: Title: County Attorney — County Attorney's Office Name: Jeffrey A. Klatzkow 11/30/2021 1:48 PM Approved By: Review: Growth Management Department Lisa Taylor Additional Reviewer Transportation Engineering Robert Bosch Additional Reviewer Growth Management Department Trinity Scott Additional Reviewer Transportation Engineering Jay Ahmad 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 County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Growth Management Operations Support Christopher Johnson County Manager's Office Amy Patterson Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 11/30/2021 1:54 PM Completed 11/30/2021 2:42 PM Completed 11/30/2021 5:00 PM Completed 12/01/2021 7:33 AM Additional Reviewer Completed Completed 12/06/2021 1:06 PM Completed 12/06/2021 1:13 PM Completed 12/06/2021 1:52 PM Additional Reviewer Completed Completed 12/06/2021 3:05 PM 12/14/2021 9:00 AM Packet Pg. 2759 16. K.8.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. PATRICK J. MURPHY, INDIVIDUALLY AND AS TRUSTEE OF THE PATRICK J. MURPHY TRUST Case No. 20-CA-3907 Parcel 121 POND AGREEMENT DATED JULY 16, 2009; REGIONS BANK; DARIO J. AVILES; ROMINA AVILES; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC; TOWD POINT MASTER FUNDING TRUST 2020-PM4; GERALD D. PHILLIPS, AS TRUSTEE OF THE GERALD DAVID PHILLIPS REVOCABLE TRUST DATED JANUARY 4, 2005; CHARIE P. SPARKS Respondents. JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO PARCEL 121POND Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent(s), CHARIE P SPARKS, by and through undersigned counsel, hereby respectfully move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel 121POND 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-3907/1681345/1 ] Packet Pg. 2760 16. K.8.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-3907/1681345/1] Packet Pg. 2761 16. K.8.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-3907 V. Parcel 121POND PATRICK J. MURPHY, INDIVIDUALLY AND AS TRUSTEE OF THE PATRICK J. MURPHY TRUST AGREEMENT DATED JULY 16, 2009; REGIONS BANK; DARIO J. AVILES; ROMINA AVILES; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC; TOWD POINT MASTER FUNDING TRUST 2020-PM4; GERALD D. PHILLIPS, AS TRUSTEE OF THE GERALD DAVID PHILLIPS REVOCABLE TRUST DATED JANUARY 4, 2005; CHARIE P. SPARKS Respondents. STIPULATED FINAL JUDGMENT AS TO PARCEL 121POND THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, and Respondent(s), CHARIE P. SPARKS, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel 121POND 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(s), CHARIE P. SPARKS, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Six Hundred Ninety -Four Thousand Six Hundred and No/100 Dollars ($694,600.00) for Parcel 121POND, as full payment for the property interest taken, in connection with said Parcel. 2. Respondent, CHARIE P. SPARKS, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Eighty -Seven Thousand Four Hundred and No/100 [20-CA-3907/1681345/1] Packet Pg. 2762 16. K.8.a Dollars ($87,400.00), for all attorney fees and costs associated with the acquisition of Parcel 121POND. 3. Respondent, CHARIE P. SPARKS, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Three Thousand Eight Hundred Two Dollars and 78/100 Dollars ($3,802.78), for all expert fees and costs associated with the acquisition of Parcel 121POND, 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 Five Hundred Sixty -Three Thousand and No/100 Dollars ($563,000.00), as payment for the acquisition of Parcel 121POND, 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 Two Hundred Twenty Two Thousand Eight Hundred -Two and 78/100 Dollars ($222,802.78), representing the total sum due for the acquisition of Parcel 121POND, attorney's fees, costs, and expert fees, by issuing a check made payable to Hahn Loeser & Parks, LLP, and mailing it to Hahn Loeser & Parks, LLP, 200 Public Square, Suite 2800, Cleveland, OH 44114. 6. This Order disposes of all claims arising out of the taking of Parcel 121 POND that have or could have been asserted in this cause. 7. 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. 8. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book 5858, Page 3954 of the Public Records of Collier County, Florida be dismissed as to Parcel a E 121 POND. a [20-CA-3907/1681345/1] Packet Pg. 2763 16. K.8.a 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 Naples, Collier County, Florida, on this day of , 202 . THE HONORABLE ELIZABETH V. KRIER Circuit Court Judge Exhibit "A" LEGAL DESCRIPTION (PARCEL. 121 POND) TRACT 112, GOLDEN GATE ESTATES UNIT 3, AS RECORDED IN PLAT BOOK 4, PAGE 77, OF THE PUBLIC RECORDS OF COLL6ER COUNTY, FLORIDA, LYING IN SECTION 2, TONMSHIP 49 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA: CONTAINING 246.937 SQUARE FEET. MORE OR LESS. BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE. "�hj16611,.1 '•fit¢ [20-CA-3907/1681345/11 Packet Pg. 2764 Print Map Page 1 of 1 16.K.8.b Parcel 121POND 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. Packet Pg. 2765 http://maps.collierappraiser.com/mapprint.aspx?pagetitle=Parcel%20121 POND%20&orie... 1 /22/2020 16. K.9 12/14/2021 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment in the amount of $797,500 plus $99,125 in statutory attorney and experts' fees and costs for the taking of Parcel 155POND required for the Vanderbilt Beach Road Extension Project No. 60168. OBJECTIVE: To settle full compensation for the taking of Parcel 155POND 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 155POND 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 is the entire property including a single-family home and improvements and is approximately 5.62 acres in total. The parcel was owned by Scott Ritter and Debra Ritter. An aerial photograph of the subject property is attached. The County's date of deposit appraisal concluded to a value of $740,000. The property owner's initial demand was $850,000 plus atorney's fees and expert fees and costs. The parties participated in Court -Ordered Mediation and reached an agreement. The attached Stipulated Final Judgment reflects a negotiated compensation amount of $797,500 plus $84,375 in statutory attorney's fees and $14,750 in expert fees and costs, for a total of $896,625. 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 $680,050 for its deposit of the good faith estimate of value. Funds for the balance of $216,575 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. P155Pond signed joint motion (PDF) 2. Aerial 155POND (PDF) Packet Pg. 2766 16. K.9 12/14/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.9 Doe ID: 20722 Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of $797,500 plus $99,125 in statutory attorney and experts' fees and costs for the taking of Parcel 155POND required for the Vanderbilt Beach Road Extension Project No. 60168. Meeting Date: 12/14/2021 Prepared by: Title: Legal Assistant — County Attorney's Office Name: Jessica Hayes 11/30/2021 1:42 PM Submitted by: Title: County Attorney — County Attorney's Office Name: Jeffrey A. Klatzkow 11/30/2021 1:42 PM Approved By: Review: Growth Management Department Lisa Taylor Additional Reviewer Transportation Engineering Robert Bosch Additional Reviewer Growth Management Department Trinity Scott Additional Reviewer Transportation Engineering Jay Ahmad 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 Growth Management Operations Support Christopher Johnson 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 11/30/2021 1:52 PM Completed 11/30/2021 2:36 PM Completed 11/30/2021 5:00 PM Completed 12/01/2021 7:32 AM Additional Reviewer Completed Completed 12/06/2021 1:05 PM Completed 12/06/2021 1:09 PM Additional Reviewer Completed Completed 12/07/2021 8:11 AM Completed 12/07/2021 9:55 AM 12/14/2021 9:00 AM Packet Pg. 2767 16. K.9.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.: 21-CA-645 V. Parcel 155POND SCOTT RITTER; DEBRA RITTER; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, JIMMY B. CHATHAM; SARAH S. CHATHAM; ROXANNE BENITEZ; DAYIDJOHNDWYER; SUSAN DWYER; WELLS FARGO BANK, NA; THE BANCORP BANK; ALLIED MORTGAGE GROUP, INC, TCF NATIONAL BANK, JOSE DIAZ; SACHIKO DIAZ; PHH HOME LOANS, LLC, D/B/A SUNBELT LENDING SERVICES, N/K/A PHH MORTGAGE; Respondents. JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO PARCEL 155POND Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, SCOTT RITTER AND DEBRA RITTER, by and through undersigned counsel, hereby respectfully move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel 1 hed hereto as Exhibit "1". COLLEEN M. GREENE Florida Bar No.: 502650 COLLIER COUNTY ATTORNEY'S OFFICE 3299 E. Tamiami Trail, Suite 800 Naples, FL 34112 Office: (239) 252-8400 Facsimile: (239) 774-0225 Colleen.(ireene(it)eolliercountyfl Kov Sheri. Malcolni&colliereount 1l. ov Counsel for Petitioner LBR FVM LUDOWCi _. Florida Bar No: 847062 GAYLORD MERLIN LUDOVICI & DIAZ 5001 West Cypress Street Tampa, FL 33607 Office: (813) 221-9000 Facsimile: (813) 221-9030 l ludovici@gav lordmerlin.com mschuyler@gaylordmerlin.com Counsel for Respondents, Scott Ritter and Debra Ritter t21-CA-645/1682261/11 Packet Pg. 2768 16. K.9.a 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 December 2021. By: COLLEEN M. GREENE, ESQ [21-CA-645/1682261/1] Packet Pg. 2769 16. K.9.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.: 21-CA-645 V. Parcel 155POND SCOTT RITTER; DEBRA RITTER; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC; JIMMY B. CHATHAM; SARAH S. CHATHAM; ROXANNE BENITEZ; DAVID JOHN DWYER; SUSAN DWYER; WELLS FARGO BANK, NA; THE BANCORP BANK, ALLIED MORTGAGE GROUP, INC, TCFNATIONAL BANK, JOSE DIAZ; SACHIKO DIAZ; PHH HOME LOANS, LLC, D/B/A SUNBELT LENDING SERVICES, N/K/A PHH MORTGAGE; Respondents. STIPULATED FINAL JUDGMENT AS TO PARCEL 155POND THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, and Respondents, SCOTT RITTER AND DEBRA RITTER, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel 155POND 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, SCOTT RITTER AND DEBRA RITTER, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Seven Hundred Ninety -Seven Thousand Five Hundred and No/100 Dollars ($797,500.00) for Parcel 155POND, as full payment for the property interest taken, in connection with said parcel. 2. Respondent, SCOTT RITTER AND DEBRA RITTER, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Eighty -Four Thousand Three Hundred Seventy -Five and No/100 Dollars ($84,375.00), for all attorney fees and costs associated with the acquisition of Parcel 155POND. �1 [21-CA-645/1682261/11 ( 1 l Packet Pg. 2770 16. K.9.a 3. Respondent, SCOTT RITTER AND DEBRA RITTER, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Fourteen Thousand Seven Hundred Fifty Dollars and No/100 Dollars ($14,750.00), for all expert fees and costs associated with the acquisition of Parcel 155POND, 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 Six Hundred Eighty Thousand Fifty and No/100 Dollars ($680,050.00), as payment for the acquisition of Parcel 155POND, 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 Two Hundred Sixteen Thousand Five Hundred Seventy -Five and No/100 Dollars ($216,575.00), as full payment for acquisition of Parcel 155POND, as outlined above in paragraphs 1 through 4, by issuing a check payable to Gaylord Merlin Ludovici & Diaz, PL, 5001 W. Cypress Street, Tampa, FL 33607. 6. This Order disposes of all claims arising out of the taking of Parcel 155POND that have or could have been asserted in this cause. 7. 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 June 23, 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 3196 of the Public Records of Collier County, Florida be dismissed as to Parcel 155POND. 9. This Court reserves jurisdiction to enforce the terms of this Stipulated Final E s Judgment. r Q [21-ca-645/1682261/1] Packet Pg. 2771 16.K.9.a 10. This Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida. Exhibit "A" N DEICRIPnw l lath �� COLLIER TRACT 17, GOLDEN GATE ES'i'11TES WrIT 1LWAL 0. AS RECORDED PLAT LI�Y. IRORMA. LYING M SECTION S, TOYIAYSIiIP 0 SOUTH. 4. PAGE 101. OF THE KW C REOOM OF CONWNiNG 244.640 WARE FUT. MORE OR fig, RAN6f 27 EASf. 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