Agenda 12/14/2021 Item #16K11 (Stipulated Final Judgment for Parcel 1224FEE - VBR Ext.)12/14/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $82,500 plus $26,214 in
statutory attorney and experts' fees and costs, and amount not to exceed $3,000 for statutory
supplemental proceedings as necessary, for the taking of Parcel 1224FEE required for the
Vanderbilt Beach Road Extension Project No. 60168.
OBJECTIVE: To settle full compensation for the taking of Parcel 1224FEE 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 1224FEE 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 16t'
Street NE and Massey Street from Vanderbilt Beach Road to south of Mockingbird Drive. The fee simple
acquisition area consists of a strip taking along the rear, northerly boundary of the property and is
approximately .42 acres in extent. The parent tract is improved with a single-family home and associated
site improvements owned by Mario Nolasco and contains 2.5 acres of gross land area, which will be
reduced to 2.08 acres after the acquisition. An aerial photograph of the subject property is attached. The
County's date of value appraisal concluded to a value of $59,700. The property owner's initial demand
was $119,500 plus attorney's fees and expert fees and costs. The parties participated in Mediation and
reached an agreement. The attached Stipulated Final Judgment reflects a negotiated compensation amount
of $82,500 plus $13,299 in statutory attorney's fees and $12,915 in expert fees and costs, and an amount
not to exceed $3,000 for supplemental proceedings as necessary for a total of $111,714.
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 $48,400 for its deposit of the good faith
estimate of value. Funds for the balance of $63,484, 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. FINAL P 1224FEE Joint Motion Stip Final Judgment (DOCX)
2. Aerial - 1224FEE (PDF)
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16.K.11
12/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.11
Doe ID: 20726
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$82,500 plus $26,214 in statutory attorney and experts' fees and costs, and amount not to exceed $3,000
for statutory supplemental proceedings as necessary, for the taking of Parcel 1224FEE 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 3:09 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
11/30/2021 3:09 PM
Approved By:
Review:
Transportation Engineering
Robert Bosch
Additional Reviewer
Transportation Engineering
Jay Ahmad
Additional Reviewer
Growth Management Department
Lisa Taylor
Additional Reviewer
Growth Management Department
Trinity Scott
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 3:24 PM
Completed
12/01/2021 7:36 AM
Completed
12/06/2021 11:30 AM
Completed
12/06/2021 1:11 PM
Additional Reviewer Completed
Completed
12/07/2021 9:28 AM
Completed
12/07/2021 9:35 AM
Additional Reviewer Completed
Completed
12/07/2021 1:48 PM
Completed
12/07/2021 2:21 PM
12/14/2021 9:00 AM
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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,
►IM
Case No.: 21-CA-309
Parcel 1224FEE
MERY C. PENA ACOSTA; CROSSCOUNTRY MORTGAGE;
COSME E. PEREZ; ESTELA W. PEREZ; US DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT; MICHAEL TOLEDO;
CHESTER M. PAL YS, JR; SONIA H. DIXON; WELLS FARGO
BANK, NA, SUCCESSOR IN INTEREST TO WACHOVIA BANK, NA;
MARIO R. NOLASCO; MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.
Respondents.
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1224FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, MARIO R.
NOLASCO, by and through undersigned counsel, hereby respectfully move this Court for the entry
of the foregoing Stipulated Final Judgment as to Parcel 1224FEE attached hereto as Exhibit "1"
COLLEEN M. GREENE, ESQ.
Florida Bar No. 502650
Collier County Attorney's Office
3299 E. Tamiami Tr., Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Colleen.Greene@colliercountyfl.gov
Sheri.Malcolm@colliercountyfl.gov
Is/ CHARLES S. STRATTON
CHARLES S. STRATTON, ESQ.
Florida Bar No. 221589
BERGER SINGERMAN, LLC
313 N. Monroe St, Suite 301
Tallahassee, FL 32301
Telephone: (850) 561-3010
COUNSEL FOR RESPONDENT
cstratton@bergersingerman.com
pmcgivern@bergersingerman.com
drt@bergersingerman.com
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CERTIFICATE OF SERVICE
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I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Entry of a i
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Stipulated Final Judgment was filed with the FL Courts E-Filing Portal on this day of
December 2021.
LM
Colleen M. Greene, ESQ
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION W
L
COLLIER COUNTY, FLORIDA, a political subdivision of
the State of Florida,
Petitioner, Case No.: 21-CA-309
V. Parcel 1224FEE
MERY C. PENA ACOSTA; CROSSCOUNTRY MORTGAGE;
COSME E. PEREZ; ESTELA W. PEREZ; US DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT; MICHAEL TOLEDO;
CHESTER M. PAL YS, JR; SONIA H. DIXON; WELLS FARGO
BANK, NA, SUCCESSOR IN INTEREST TO WACHOVIA BANK, NA;
MARIO R. NOLASCO; MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.
Respondents.
STIPULATED FINAL JUDGMENT AS TO PARCEL 1224FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, MARIO R. NOLASCO, by and through
counsel, for the entry of a Stipulated Final Judgment as to Parcel 1224FEE 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, MARIO R. NOLASCO, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Eighty -Two Thousand Five Hundred and No/100
Dollars ($82,500.00) for Parcel 1224FEE, as full payment for the property interest taken,
including any and all business damages, in connection with said parcel.
2. Respondent, MARIO R. NOLASCO, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Thirteen Thousand Two Hundred Ninety -Nine and
No/100 Dollars ($13,299.00), for all attorney fees and costs associated with the acquisition of
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Parcel 1224FEE. Apportionment attorney's fees in an amount not to exceed $3,000 may be
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awarded, in compliance with F.S.73.092. Supplemental attorney's fees may also be awarded for i
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claims for enforcement of this Stipulated Final Judgment, and for claims arising under paragraph c
7 of this Stipulated Final Judgment.
3. Respondent, MARIO R. NOLASCO, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Twelve Thousand Nine Hundred Fifteen Dollars and
No/100 Dollars ($12,915.00), for all expert fees and costs associated with the acquisition of Parcel
1224FEE, and no other expert fees or costs shall be paid in this matter other than for claims arising
under paragraph 7 of this Stipulated Final Judgment.
4. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good
faith estimate of value previously deposited in the amount of Forty -Eight Thousand Four
Hundred and No/100 Dollars ($48,400.00), as payment for the acquisition of Parcel 1224FEE,
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 deposit into the Court Registry the total sum of Thirty -Four
Thousand One Hundred and No/100 Dollars ($34,100.00), as payment for acquisition of Parcel
1224FEE, subject to apportionment, if any.
6. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Twenty -Six Thousand Two Hundred Fourteen
and No/100 Dollars ($26,214.00), representing the attorney's fees, costs, and expert fees, by
mailing a check to Berger Singerman Trust Account, c/o Charles Stratton, BERGER
SINGERMAN, LLC, 313 N. Monroe St, Suite 301, Tallahassee, FL 32301.
7. Petitioner will construct the project in substantial conformance with the 100 percent
construction plans for the project, dated 10/16/21, which plans are incorporated herein by
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reference. Respondent understands and agrees that this Stipulated Final Judgment contemplates
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the future 6-laning of Vanderbilt Beach Road (VBR). No additional compensation shall be due to i
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Respondent for the widening of VBR up to 6-lanes. If Petitioner does not construct its project in c
accordance with said plans, notwithstanding anything to the contrary, Respondent shall have the
same remedies, including damages, fees, and costs, as would have been afforded to him had the
case been resolved by verdict, with said plans having been made a part of the record at trial
Central & Southern Florida Flood Control District v. Wye River Farms, Inc., 297 So. 2d 323 (Fla.
4th DCA 1974); cent. denied 310 So. 2d 745 (Fla. 1975).
8. This Order disposes of all claims arising out of the taking of Parcel 1224FEE that
have or could have been asserted in this cause.
9. 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 May 19,
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
5890, Page 933 of the Public Records of Collier County, Florida be dismissed as to Parcel
1224FEE.
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 92021.
THE HONORABLE LAUREN L. BRODIE
Circuit Court Judge
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Exhibit "A"
LEGAL DESCRIPTION FOR PARCEL 1224 FEE
A PORTION OF TRACT 71, GOLDEN GATE ESTATES UNIT 17, AS RECORDED IN PLAT BOOK 7, PAGE 5, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 35, TOWNSHIP 48 '=TH, RANGE 27 EAST, COLLIER COUNTY,
FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTH 110 FEET OF THE EAST 165 FEET OF SAID TRACT 71.
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CONTAINING 18,150 SQUARE FEET, MORE OR LESS. ����Cilaei q //'�,,
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VANDERBILT BEACH ROAD EXTENSION
PROJECT 60168 - PARCEL 1224FEE
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