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"
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WARINGS ARE III M ON STATE PLANE COORDKqM FMDA ZONE EAST. %��{ �/:C•ha�4 fto,�
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