Agenda 12/14/2021 Item #16K13 (Stipulated Final Judgment for Parcel 110Fee - VBR Ext.)12/14/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $144,000 plus
$39,587 in statutory attorney and experts' fees and costs for the taking of Parcel 110FEE, required
for the Vanderbilt Beach Road Extension Project, Project No., 60168, and delegate authority to the
County Manager or his designee to process payment of additional statutory attorney's fees for
supplemental proceedings, if any, as authorized by Ch. 73, Fla. Stat.
OBJECTIVE: To settle full compensation for the taking of Parcel 110FEE required for the
construction of Vanderbilt Beach Road, Project 60168.
CONSIDERATIONS: On September 22, 2020, the Board authorized, via Resolution No. 2020-175, the
condemnation of Parcel 110FEE for the construction of roadway, drainage and utility improvements
required for the expansion and extension of Vanderbilt Beach Road from Collier Blvd. to east of 16th
Street NE, and Massey Street from Vanderbilt Beach Road to south of Mockingbird Dr. The fee simple
acquisition area consists of a strip taking along the rear, northerly boundary of the property and is
approximately 0.74 acres in extent. The parent tract is improved with a single-family home owned by
Thomas M. Caffrey and contains 4.25 acres or gross land area, which will be reduced to 3.51 acres after
the acquisition. An aerial photograph of the subject property is attached to this item for reference. The
property owners' appraiser valued the parcel at $232,900, including severance damages. The County's
appraiser estimated full compensation at $74,400, without severance damages, which was adjusted to
$93,000 by the Transportation Engineering Division to account for increases in property prices since the
date of the appraisal. The parties participated in mediation and reached an agreement. The attached
Stipulated Final Judgment reflects a negotiated compensation amount of $144,000, plus $26,631 in
statutory attorneys' fees and $12,956 in expert fees and costs, for a total of $183,587.
Pursuant to Ch. 73, Fla. Stat., Respondent is entitled to additional attorney's fees for supplemental
proceedings, if any, including disbursement and apportionment proceedings. This Executive Summary
authorizes the County Manager or his designee to process payment of additional statutory attorney's fees
for supplemental proceedings, if any, pursuant to Sections 73.091 and 73.092, Fla. Stat., but not to exceed
$3,000.
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 $74,400 based on its deposit of the good faith
estimate of value. Funds for the balance of $109,357, 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 fonn and legality and requires a majority
vote for Board approval. - SAA
RECOMMENDATION: To approve the attached Joint Motion and Stipulated Final Judgment and
authorize the payment of funds as stated herein and delegate authority to the County Manager or his
designee to process payment of additional statutory attorney's fees for supplemental proceedings, if any,
as authorized by Ch. 73, Fla. Stat., but not to exceed $3,000.
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12/14/2021
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering
Division, Growth Management Department
ATTACHMENT(S)
1. P 110FEE Joint Motion Stip Final Judgment v3 (DOCX)
2. Aerial 110FEE (PDF)
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16.K.13
12/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.13
Doe ID: 20765
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of
$144,000 plus $39,587 in statutory attorney and experts' fees and costs for the taking of Parcel 110FEE,
required for the Vanderbilt Beach Road Extension Project, Project No., 60168, and delegate authority to
the County Manager or his designee to process payment of additional statutory attorney's fees for
supplemental proceedings, if any, as authorized by Ch. 73, Fla. Stat.
Meeting Date: 12/14/2021
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Wanda Rodriguez
12/06/2021 3:42 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
12/06/2021 3:42 PM
Approved By:
Review:
Transportation Engineering
Robert Bosch
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
Transportation Engineering
Jay Ahmad
Additional Reviewer
County Attorney's Office
Sally Ashkar
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 12/06/2021 3:52 PM
Completed 12/06/2021 4:01 PM
Completed 12/06/2021 4:06 PM
Additional Reviewer Completed
Completed 12/07/2021 7:29 AM
Completed 12/07/2021 12:01 PM
Completed 12/07/2021 12:04 PM
Completed 12/07/2021 1:16 PM
Additional Reviewer Completed
Completed 12/07/2021 2:20 PM
12/14/2021 9:00 AM
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16.K.13.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.
Case No.: 20-CA-3585
Parcel 110FEE
DARIO A. AVILES; THOMAS M. CAFFREY; THOMAS
G. FRANKS; REBECCA S. FRANKS; NATIONSTAR
MORTGAGE, LLC; MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS INC; WELLS FARGO BANK, NA; FIRST FLORIDA
INTEGRITY BANK; RICHARD E. WILLIAMS; CHERYL
L. WILLIAMS; DANIEL E. FIX; HOLLY C. FIX; GREEN
CORRIDOR PROPERTY ASSESSMENT CLEAN ENERGY
Respondents.
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 110FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, THOMAS M.
CAFFREY, by and through undersigned counsel, hereby respectfully move this Court for the entry
of the foregoing Stipulated Final Judgment as to Parcel 110FEE attached hereto as Exhibit " 1 "
SALLY A. ASHKAR, ESQ.
Florida Bar No. 1007665
Collier County Attorney's Office
3299 E. Tamiami Tr., Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Sally.Ashkar@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@bergersingennan.com
pmcgivem@bergersingerman.com
drt@bergersingerman.com
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16.K.13.a
CERTIFICATE OF SERVICE
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I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Entry of a Q
Stipulated Final Judgment was filed with the FL Courts E-Filing Portal on this day of z°
December 2021.
LE
SALLY A. ASHKAR, ESQ
[20-CA-3585/1685947/1 ] ]
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16.K.13.a
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA00
CIVIL ACTION
co
COLLIER COUNTY, FLORIDA, a political subdivision of
the State of Florida,
Petitioner, Case No.: 20-CA-3585
V. Parcel 110FEE
DARIO A. AVILES; THOMAS M. CAFFREY; THOMAS
G. FRANKS; REBECCA S. FRANKS; NATIONSTAR
MORTGAGE, LLC; MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS INC; WELLS FARGO BANK, NA; FIRST FLORIDA
INTEGRITY BANK; RICHARD E. WILLIAMS; CHERYL
L. WILLIAMS; DANIEL E. FIX; HOLLY C. FIX; GREEN
CORRIDOR PROPERTY ASSESSMENT CLEAN ENERGY
Respondents.
STIPULATED FINAL JUDGMENT AS TO PARCEL 110FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, THOMAS M. CAFFREY, by and through
counsel, for the entry of a Stipulated Final Judgment as to Parcel 110FEE 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, THOMAS M. CAFFREY, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of One Hundred Forty -Four Thousand and No/100
Dollars ($144,000.00) for Parcel 110FEE, as full payment for the property interest taken,
including any and all business damages, in connection with said parcel.
2. Respondent, THOMAS M. CAFFREY, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Twenty -Six Thousand Six Hundred Thirty -One and
No/100 Dollars (S26,631.00), for all attorney fees and costs associated with the acquisition of
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16.K.13.a
Parcel 110FEE. Apportionment attorney's fees in an amount not to exceed $3,000 may be awarded,
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in compliance with F.S.73.092. Supplemental attorney's fees may also be awarded for claims for Q
enforcement of this Stipulated Final Judgment, and for claims arising under paragraph 7 of this
Stipulated Final Judgment.
3. Respondent, THOMAS M. CAFFREY, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Twelve Thousand Nine Hundred Fifty -Six Dollars and
No/100 Dollars ($12,956.00), for all expert fees and costs associated with the acquisition of Parcel
110FEE, 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 Seventy -Four Thousand Four
Hundred and No/100 Dollars ($74,400.00), as payment for the acquisition of Parcel 110FEE, 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 Sixty -Nine Thousand
Six Hundred and No/100 Dollars ($69,600.00), as payment for acquisition of Parcel 110FEE,
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 Thirty -Nine Thousand Five Hundred Eighty -
Seven and No/100 Dollars ($39,587.00), 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 one
hundred percent (100%) construction plans and specifications for the project pertaining to parcel
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16.K.13.a
110FEE, dated October 16, 2021, which plans and specifications are incorporated herein by
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reference. If Petitioner does not construct its project in accordance with said plans and Q
specifications, 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 and specifications 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 110FEE 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 April 21,
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
5847, Page 3531 of the Public Records of Collier County, Florida be dismissed as to Parcel
110FEE.
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 , 2021.
THE HONORABLE ELIZABETH V. KRIER
Circuit Court Judge
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16.K.13.a
Exhibit "A"
LEGAL DESCRIPTION (PARCEL i10 FEE)
A PORTION OF TRACT 65. GOLDEN GATE ESTATES UNIT 3, AS RECORDED IN PLAT BOOK 4, PAGE 77, OF THE PUBLIC
RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 2. TOWNSHIP 40 SOUTH, RANGE 26 EAST, COLLIER COUNTY.
FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 65;
THENCE N.BW53`21'E., ALONG THE NORTH LINE OF SAID TRACT 65. FOR 243.11 FEET;
THENCE S.00'27'33E.. FOR 133.42 FEET;
THENCE S.8755-311N., FOR 243.10 FEET TO A POINT ON THE WEST LINE OF SAID TPOCT 95;
THENCE N.00r27'44'W.. ALONG SAID WEST LINE, FOR 133.27 FEET TO THE POINT OF BEGINNING �qF� �7HEr PfRC EL
DESCRIBED HEREIN.
CONTAINING 32.417 SQUARE FEET, MORE OR LESS. `'� ��' ........�,f'
•' � ,�icat. •.°'�¢.
BEARINGS ARE BASED ON STATE PLANE COORDINATES. FLORIDA EAST ZONE. :� r1.•_ * •
[20-CA-3585/1685947/1] ]
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16.K.13.b
VANDERBILT BEACH ROAD EXTENSION
PROJECT 60168 - PARCEL 110FEE
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