Agenda 01/11/2022 Item #16K 3 (FInal Judgement for the taking of parcels for the VBR Ext. Project)01/11/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $225,000 plus $40,330
in statutory attorney, experts’ fees, costs and statutory supplemental attorneys’ fees if necessary
(not to exceed $7,000) for the taking of Parcel 1257RDUE/TCE, required for the Vanderbilt Beach
Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1257RDUE/TCE, 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 1257RDUE/TCE 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 roadway, drainage and utility easement acquisition area consists of a strip taking along the side,
southerly boundary of the property and the front, easterly boundary, and is approximately 1.497 acres in
extent. The Temporary Construction Easement area is in the center of the property adjacent to the
permanent easement and is approximately .115 acres. The parent tract is improved with a single -family
residence owned by Marianne Zeitler and contains 2.81 acres of gross land area, which will be
permanently reduced to approximately 1.313 acres after the acquisition. The new right-of-way line bisects
the home, which will be demolished before construction of the project. An aerial photograph of the
subject property is attached. The County appraiser’s good faith estimate of value conclude d to $185,000
including severance damages. After an internal review by the Transportation Engineering Division’s
Review Appraiser, this amount was adjusted to $190,000 to account for increases in property prices and
additional severance damages since the date of the appraisal. The property owner’s initial demand was
$310,100 plus attorney’s fees and expert fees and costs. The parties participated in informal negotiations
and reached an agreement. The attached Stipulated Final Judgment reflects a negotiated compensation
amount of $225,000 plus $37,587.00 in statutory attorney’s fees and $2,743.00 in expert fees and costs,
for a total of $265,330. The County is required to pay statutory supplemental attorneys’ fees if necessary
in amount not to exceed $7,000.
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 $185,000 for its deposit of the good faith
estimate of value. Funds for the balance of $80,330, the Clerk’s $170.00 deposit fee, and statutory
supplemental attorneys' fees not to exceed $7,000, 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
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ATTACHMENT(S)
1. P1257RDUE TCE Stip Final Judgment w edits 12.7.21 FINAL (DOCX)
2. AERIAL - Parcel 1257RDUE-TCE (PDF)
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01/11/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 20957
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$225,000 plus $40,330 in statutory attorney, experts’ fees, costs and statutory supplemental attorneys’
fees if necessary (not to exceed $7,000) for the taking of Parcel 1257RDUE/TCE, required for the
Vanderbilt Beach Road Extension Project No. 60168.
Meeting Date: 01/11/2022
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
01/04/2022 11:44 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
01/04/2022 11:44 AM
Approved By:
Review:
Growth Management Department Lisa Taylor Additional Reviewer Completed 01/04/2022 12:26 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 01/04/2022 1:04 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 01/04/2022 1:11 PM
Capital Project Planning, Impact Fees, and Program Management Ian Barnwell Additional Reviewer Completed 01/04/2022 2:40 PM
Growth Management Department Trinity Scott Additional Reviewer Completed 01/04/2022 2:41 PM
County Attorney's Office Colleen Greene Additional Reviewer Completed 01/04/2022 3:03 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/04/2022 3:05 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 01/04/2022 4:25 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/05/2022 10:49 AM
County Manager's Office Mark Isackson Level 4 County Manager Review Completed 01/05/2022 11:58 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/11/2022 9:00 AM
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[21-CA-314/1689638/1]
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-314
v. Parcels 1257RDUE/TCE
WAYNE MCCOLLUM; ET AL
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCELS 1257RDUE/TCE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, MARIANNE R.
ZEITLER, by and through undersigned counsel, hereby respectfully move this Court for the entry
of the foregoing Stipulated Final Judgment as to Parcels 1257RDUE/TCE attached hereto as
Exhibit “1”.
___________________________
JENNIFER A. BELPEDIO, ESQ.
Florida Bar No. 186030
Collier County Attorney’s Office
3299 E. Tamiami Tr., Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Jennifer/Belpedio@colliercountyfl.gov
Sheri.Malcolm@colliercountyfl.gov
_/s/ EDGAR LOPEZ_____
EDGAR LOPEZ, ESQ.
Florida Bar No. 12917
1201 E. Robinson St.
Orlando, FL 32801
Telephone: (407) 843-0404
COUNSEL FOR RESPONDENT
MARIANNE R. ZIETLER
edgar@hhbzlflorida.com
rebecca@hhbzlflorida.com
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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 January
2022.
By:________________________
JENNIFER A. BELPEDIO, ESQ.
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[21-CA-314/1689638/1]
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-314
v. Parcels 1257RDUE/TCE
WAYNE MCCOLLUM; SYBLE MCCOLLUM; BENJAMIN GARCIA
RAQUEL GARCIA; MARIA GARCIA; JOSE GARCIA; WELLS
FARGO BANK SUCCESSOR IN INTEREST TO WACHOVIA
BANK, SUCCESSOR IN INTEREST TO WORLD SAVINGS BANK, FSB;
GRANT C. BONSER; MARY C. BONSER; CALIBER HOME LOANS;
ALPHA FOUNDATION SPECIALISTS, INC; MATTHEW SHANLEY;
CNR AIR CONDITIONING, INC; MARIANNE R. ZEITLER; US BANK
NATIONAL TRUST ASSOCIATION, NOT IN ITS OFFICIAL CAPACITY
BUT SOLELY AS OWNER TRUSTEE FOR LEGACY MORTGAGE
ASSET TRUST 2018-RPL2; MFC INVESTMENTS, LLC
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCELS 1257RDUE/TCE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, MARIANNE R. ZEITLER, by and through
counsel, for the entry of a Stipulated Final Judgment as to Parcels 1257RDUE/TCE 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
1. ORDERED AND ADJUDGED that: Respondent, MARIANNE R. ZEITLER, is
the owner of Parcels 1257RDUE/TCE. However, the subject property is in foreclosure and a
Summary Final Judgment of Foreclosure was entered on October 6, 2021, attached. The total sum
recovered for the acquisition of Parcels 1257RDUE/TCE is Two Hundred Twenty-Five
Thousand and No/100 Dollars $225,000.00), subject to apportionment, as full payment for the
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property interest taken, in said Parcels. This sum shall not be disbursed, except upon further
apportionment order of this Court.
2. On behalf of Respondent, MARIANNE R. ZEITLER, the total sum of Thirty-
Seven Thousand Five Hundred Eighty-Seven and No/100 Dollars ($37,587.00), shall be
recovered from Petitioner, COLLIER COUNTY, FLORIDA, for all at torney fees and costs
associated with the acquisition of Parcels 1257RDUE/TCE. Supplemental attorney’s fees may be
awarded, in compliance with F.S. 73.092.
3. On behalf of Respondent, MARIANNE R. ZEITLER, the sum of Two Thousand
Seven Hundred Forty-Three Dollars and No/100 Dollars ($2,743.00), shall be recovered from
Petitioner, COLLIER COUNTY, FLORIDA, for all expert fees and costs associated with the
acquisition of Parcels 1257RDUE/TCE, 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 One Hundred Eighty-Five
Thousand and No/100 Dollars ($185,000.00), as payment for the acquisition of Parcels
1257RDUE/TCE, at which time title to said Parcels 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 Forty Thousand and
No/100 Dollars ($40,000.00), as the remaining payment for acquisition of Parcels
1257RDUE/TCE, subject to apportionment.
6. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Forty Thousand Three Hundred Thirty and
No/100 Dollars ($40,330.00), representing the attorney’s fees, costs, and expert fees, by mailing
a check to Harris Harris Bauerle Ziegler Lopez, 1201 E Robinson Street, Orlando, FL 32801.
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7. This Order disposes of all claims arising out of the taking of Parcels
1257RDUE/TCE that have or could have been asserted in this cause. Supplemental attorney’s fee
in an amount not to exceed $7,000 may be awarded, in compliance with F.S.73.092.
8. 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 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
5890, Page 1044 of the Public Records of Collier County, Florida be dismissed as to Parcels
1257RDUE/TCE.
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 Chambers, Naples, Collier County, Florida, on this ____ day
of ____________, 2021.
_____________________________________
THE HONORABLE ELIZABETH V. KRIER
Circuit Court Judge
Exhibit “A”
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Continued on next page.
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Packet Pg. 1251 Attachment: P1257RDUE TCE Stip Final Judgment w edits 12.7.21 FINAL (20957 : Approve a settlement for $225,000 plus $40,330 in fees for
AERIAL – PARCEL 1257RDUE/TCE
(Vanderbilt Beach Rd. Ext. Project No. 60168)
PARCEL 1257TCE
/
PARCEL 1257RDUE EXISTING RIGHT-OF-WAY PER PLAT House cut in half
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Packet Pg. 1252 Attachment: AERIAL - Parcel 1257RDUE-TCE (20957 : Approve a settlement for $225,000 plus $40,330 in fees for Parcel 1257RDUE/TCE)