Agenda 01/11/2022 Item #16K 4 (Stipulated Final Judgemnet 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 $371,000 plus $35,680
in statutory attorney and experts’ fees and costs for the taking of Parcel 1109POND required for
the Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1109POND 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 1109POND 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 which is a five-acre vacant parcel owned by Edda Schneider Allen.
An aerial photograph of the subject property is attached. The County's date of value appraisal concluded
to a value of $350,000. The property owner’s initial demand was $450,000 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 $371,000 plus $31,680 in
statutory attorney’s fees and $4,000 in expert fees and costs, for a total of $406,680.
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 $290,000 for its deposit of the good faith
estimate of value. Funds for the balance of $116,680 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. Joint Motion for Stipulated Final Judgment P1109POND (PDF)
2. Location Map 1109POND (PDF)
16.K.4
Packet Pg. 1253
01/11/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doc ID: 20942
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$371,000 plus $35,680 in statutory attorney and experts’ fees and costs for the taking of Parcel
1109POND 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
12/30/2021 12:11 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
12/30/2021 12:11 PM
Approved By:
Review:
Transportation Engineering Michelle Sweet Additional Reviewer Completed 12/30/2021 12:14 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 12/30/2021 12:46 PM
Growth Management Department Trinity Scott Additional Reviewer Completed 01/04/2022 6:41 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 01/04/2022 12:20 PM
Capital Project Planning, Impact Fees, and Program Management Ian Barnwell Additional Reviewer Completed 01/04/2022 2:42 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 01/04/2022 3:00 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/04/2022 3:02 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 01/04/2022 3:11 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 11:55 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/11/2022 9:00 AM
16.K.4
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16.K.4.a
Packet Pg. 1255 Attachment: Joint Motion for Stipulated Final Judgment P1109POND (20942 : Approve a SFJ in the amount of $371,000 plus $35,680 in fees and
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Packet Pg. 1256 Attachment: Joint Motion for Stipulated Final Judgment P1109POND (20942 : Approve a SFJ in the amount of $371,000 plus $35,680 in fees and
16.K.4.a
Packet Pg. 1257 Attachment: Joint Motion for Stipulated Final Judgment P1109POND (20942 : Approve a SFJ in the amount of $371,000 plus $35,680 in fees and
16.K.4.a
Packet Pg. 1258 Attachment: Joint Motion for Stipulated Final Judgment P1109POND (20942 : Approve a SFJ in the amount of $371,000 plus $35,680 in fees and
16.K.4.a
Packet Pg. 1259 Attachment: Joint Motion for Stipulated Final Judgment P1109POND (20942 : Approve a SFJ in the amount of $371,000 plus $35,680 in fees and
Vanderbilt Beach Road Extension
Project 60168-Parcel 1109POND
/
PARCEL 1109POND
16.K.4.b
Packet Pg. 1260 Attachment: Location Map 1109POND (20942 : Approve a SFJ in the amount of $371,000 plus $35,680 in fees and costs for Parcel 1109FEE)