Agenda 12/14/2021 Item #16K15 (Stipulated Final Judgment for Parcel 323RDUE - VBR Ext.)12/14/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $145,000 plus $35,549
in statutory attorney fees including experts' fees and costs for the taking of Parcel 323RDUE
required for the Vanderbilt Beach Road Extension Project No. 60168.
OBJECTIVE: To settle full compensation for the taking of Parcel 323RDUE 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 323RDUE 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 16tn
Street NE and Massey Street from Vanderbilt Beach Road to south of Mockingbird Drive. The road right
of way drainage and utility easement consists of a strip taking along the frontage of the property on
Wilson Boulevard and is approximately .057 acres in extent. The parent tract is improved with a single-
family home owned by Jose Portillo and Rhina E. Diaz. and contains 1.17 acres of gross land area. As a
result of the taking, the front yard setback will be reduced from approximately 75 feet to 42 feet. An aerial
photograph of the subject property is attached. The County's appraiser estimated full compensation at
$101,800 including severance damages. After internal review by the Transportation Engineering Division,
this amount was adjusted to $106,000 to account for increases in property prices since the date of the
appraisal. The property owner's initial demand was $201,100 plus attorney's fees and expert fees and
costs. The parties participated in mediation on December 3, 2021 and reached a proposed agreement
subject to Board approval. The attached Stipulated Final Judgment reflects a negotiated compensation
amount including severance damages of $145,000 plus $22,869 in statutory attorney's fees and $12,680 in
expert fees and costs, for a total of $180,549.
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 $101,800 for its deposit of the good faith
estimate of value. Funds for the balance of $78,919, 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. - JAB
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. Aerial - Parcel 323RDUE (PDF)
2. P323RDUE joint motion for stip final judgement(DOCX)
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16.K.15
12/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.15
Doe ID: 20773
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$145,000 plus $35,549 in statutory attorney fees including experts' fees and costs for the taking of Parcel
323RDUE 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: Rosa Villarreal
12/07/2021 2:16 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
12/07/2021 2:16 PM
Approved By:
Review:
Growth Management Department
Lisa Taylor
Additional Reviewer
Transportation Engineering
Robert Bosch
Additional Reviewer
Capital Project Planning, Impact Fees, and Program Management Ian Barnwell
Growth Management Department
Trinity Scott
Additional Reviewer
Transportation Engineering
Jay Ahmad
Additional Reviewer
County Attorney's Office
Geoffrey Willig
Level 2 Attorney of Record Review
Office of Management and Budget
Geoffrey Willig
Level 3 OMB Gatekeeper Review
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
12/07/2021 2:37 PM
Completed
12/07/2021 2:38 PM
Additional Reviewer Completed
Completed
12/07/2021 3:05 PM
Completed
12/08/2021 7:10 AM
Skipped
12/08/2021 3:08 PM
Skipped
12/08/2021 11:19 AM
Completed
12/08/2021 3:11 PM
Completed
12/08/2021 3:20 PM
12/14/2021 9:00 AM
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16.K.15.a
AERIAL - PARCEL 323RDUE
(Vanderbilt Beach Rd. Ext., Project No. 60168)
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16.K.15.b
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.: 21-CA-688
Parcel 323RDUE
JOSE ROMERO AND JACQUELINE N. ROMER0, CO -TRUSTEES
OF THE ROMERO REVOCABLE TR UST, DATED MAY 29, 2019;
BANK OFAMERICA, NA; JOSE PORTILLO; RHINA E. DIAZ;
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC;
GREGG R. STRAKALUSE; CAMILLIA G. STRAKALUSE;
SUNCOAST CREDIT UNION; LOUIS C. BRUNSON; VIRGINIA
A. BRUNSON; FIFTH THIRD MORTGAGE COMPANY
Respondents.
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 323RDUE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent(s), JOSE
PORTILLO AND RHINA E. DIAZ, by and through undersigned counsel, hereby respectfully
move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel 323RDUE
attached hereto as Exhibit 111"
JENNIFER A. BELPEDIO, ESQ.
Florida Bar No. 186030
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
Colleen.Greenegcolliercountyfl. gov
Jennifer.Belpediogeolliercoun . fl. _ ov
Sheri.Malcolm(acolliercountyfl. gov
Is/EDGAR LOPEZ
EDGAR LOPEZ, ESQ.
Florida Bar No. 847062
Harris Harris Bauerle Ziegler Lopez
1201 E Robinson St
Orlando, FL 32801-2115
Telephone: 407- 843 -0404
edgarghhbzlflorida. com
rebecca(&,,hhbzlflorida. com
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16.K.15.b
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.
mm
JENNIFER A. BELPEDIO, ESQ.
[1686443/1] Packet Pg. 2818
16.K.15.b
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-688
V. Parcel 323RDUE
JOSE ROMERO AND JACQUELINE N. ROMER0, CO -TRUSTEES
OF THE ROMERO REVOCABLE TR UST, DATED MAY 29, 2019;
BANK OFAMERICA, NA; JOSE PORTILLO; RHINA E. DIAZ;
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC;
GREGG R. STRAKALUSE; CAMILLIA G. STRAKALUSE;
SUNCOAST CREDIT UNION; LOUIS C. BRUNSON; VIRGINIA
A. BRUNSON; FIFTH THIRD MORTGAGE COMPANY
Respondents.
STIPULATED FINAL JUDGMENT AS TO PARCEL 323RDUE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, JOSE PORTILLO AND RHINA E. DIAZ,
by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel 323RDUE 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, JOSE PORTILLO AND RHINA E. DIAZ, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Hundred Forty -Five
Thousand and No/100 Dollars ($145,000.00) for Parcel 323RDUE, as full payment for the
property interest taken, including any and all business damages, in connection with said Parcel
2. Respondents, JOSE PORTILLO AND RHINA E. DIAZ, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Twenty -Two Thousand Eight
Hundred Sixty -Nine and No/100 Dollars ($22,869.00), for all attorney fees and costs associated
with the acquisition of Parcel 323RDUE.
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16.K.15.b
3. Respondents, JOSE PORTILLO AND RHINA E. DIAZ, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Twelve Thousand Six Hundred
Eighty Dollars and No/100 Dollars ($12,680.00), for all expert fees and costs associated with
the acquisition of Parcel 323RDUE.
4. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good
faith estimate of value previously deposited in the amount of One Hundred One Thousand Eight
Hundred and No/100 Dollars ($101,800.00), as payment for the acquisition of Parcel 323RDUE,
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 Seventy -Eight Thousand Seven Hundred
Forty -Nine and No/100 Dollars ($78,749.00), representing the total sum due for the acquisition
of Parcel 323RDUE, attorney's fees, costs, and expert fees, by issuing a check to Harris Harris
Bauerle Ziegler Lopez, 1201 E Robinson Street, Orlando, FL 32801.
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.
Respondents understand and agree that this settlement contemplates the future 6-laning of
Vanderbilt Beach Road (VBR) and the 4-laning of Wilson Boulevard. No additional compensation
shall be due to Respondents for the widening of VBR up to 6-lanes and widening of Wilson
Boulevard to 4-lanes, including related roadway improvements to both roads. Accordingly, if the
project is not so implemented, Respondents shall have the same remedies as would have been
afforded to them had the case been resolved by verdict with plans and specifications for 6-lanes
for VBR and the plans for 4-lanes on Wilson Boulevard 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).
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16.K.15.b
7. This Order disposes of all claims arising out of the taking of Parcel 323RDUE that
have or could have been asserted in this cause.
8. A perpetual non-exclusive road right-of-way, drainage and utility easement, being
fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner
pursuant to the Order of Taking dated August 5, 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
5905, Page 1970 of the Public Records of Collier County, Florida be dismissed as to Parcel
323RDUE.
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.
DONE AND ORDERED in Naples, Collier County, Florida, on this day of
52021.
Exhibit "A"
THE HONORABLE ELIZABETH V. KRIER
Circuit Court Judge
LEGAL DESCRIPTION FOR PARCEL 323 RDUE
A PORTION OF TRACT 6, GOLDEN GATE ESTATES UNIT 18, AS RECORDED IN PLAT BOOK 7. PAGE 7,
OF THE PUBLIC RECORDS OF COLDER COUNTY. FLORIDA. LYING IN SECTION 34, TOWNSHIP 48
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE EAST 33 FEET OF THE WEST 83 FEET OF THE NORTH 75 FEET OF THE SOUTH 150 FEET OF
SAID TRACT B.
CONTAINING 2.475 SOUARE FEET, MORE OR LESS.
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