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Agenda 02/08/2022 Item #16K 5 (Final Judgment for taking Parcel 1174RDUE for VRB Ext.)16. K.5 02/08/2022 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment in the amount of $94,300 with Pro Se Respondent for the taking of Parcel 1174RDUE required for the Vanderbilt Beach Road Extension Project No. 60168. OBJECTIVE: To settle full compensation for the taking of Parcel 1174RDUE 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 1174RDUE 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 16' Street NE and Massey Street from Vanderbilt Beach Road to south of Mockingbird Drive. The easement taken is a perpetual non-exclusive road right-of-way drainage and utility easement area consisting of a 100-foot deep strip taking along the northerly boundary of the property, a clip from the northeast corner, and a 15-foot deep strip taking along the easterly boundary of the property fronting 8' St. NE. Parcel 1174RDUE is approximately 1.5 acres in extent. The parent tract is unimproved vacant land owned by Christopher and Annette Fenstermaker and contains 5.15 acres of gross land area, which will be reduced to 3.65 acres of useable area. An aerial photograph of the subject property is attached. The property owner accepted the amount on deposit at the time of the Order of Taking hearing. The attached Stipulated Final Judgment reflects a total compensation amount of $94,300. As the property owner is not represented by an attorney there are no attorney fees or expert fees and costs. 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 has the total $94,300 available on deposit in the Court Registry. The source of funds is 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. P 1174RDUE Joint Motion (PDF) 2. Aerial 1174RDUE (PDF) Packet Pg. 849 16. K.5 02/08/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.5 Doe ID: 21173 Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of $94,300 with Pro Se Respondent for the taking of Parcel 1174RDUE required for the Vanderbilt Beach Road Extension Project No. 60168. Meeting Date: 02/08/2022 Prepared by: Title: Legal Assistant — County Attorney's Office Name: Rosa Villarreal 01/27/2022 8:41 AM Submitted by: Title: County Attorney — County Attorney's Office Name: Jeffrey A. Klatzkow 01/27/2022 8:41 AM Approved By: Review: Transportation Engineering Jay Ahmad Additional Reviewer Growth Management Department Trinity Scott Additional Reviewer Transportation Engineering Robert Bosch Additional Reviewer Growth Management Department Lisa Taylor 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 County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Susan Usher Additional Reviewer County Manager's Office Amy Patterson Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 01/27/2022 9:07 AM Completed 01/27/2022 9:59 AM Completed 01/27/2022 12:52 PM Completed 01/27/2022 1:25 PM Additional Reviewer Completed Completed 01/28/2022 2:48 PM Completed 01/28/2022 2:54 PM Completed 0 1 /31/2022 10:45 AM Completed 01/31/2022 11:32 AM Completed 01/31/2022 3:54 PM 02/08/2022 9:00 AM Packet Pg. 850 16. K.5.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, Case No.: 20-CA-3649 V. Parcel: 1174RDUE CHRISTOPHER M. FENSTERMAKER; ANNETTE M. FENSTERMAKER; DORIS A. TULIS; MARK W. STERN; SARA K. STERN; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC; CHAD NIMNUAN; CAROL NIMNU.AN; BAMBI JO PENCE, AS SUCCESSOR TRUSTEE OF THE VIRGINIA HOLT REVOCABLE TRUST AGREEMENT DATED DECEMBER 17, 1992 Respondents. i ll��-�-�- `'mac • �.e� JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO PARCEL 1174RDUE Petitioner, COLLIER COUNTY, FLORIDA, by and through undersigned counsel, together with pro se Respondents, CHRISTOPHER M. FENSTERMAKER AND ANNETTE M. FENSTERMAKER, hereby respectfully move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel 1174RDUE attached hereto as Exhibit "1". COLLEEN M. GREENE, ESQ. CHRIS OPHER M. FENSTERMAKER Florida Bar No. 502650 645 99`h Avenue N Collier County Attorney's Office Naples, FL 34108 3299 E. Tamimi Trail, Suite 800 Naples, FL 34112 Telephone: (239) 252-8400,a COUNSEL FOR PETITIONER ANNETTE M. FENSTERMAKER Colleen.Greene@colliercountyfl.gov 645 99`h Avenue N Sheri.Malcolm@colliercountyfl.gov Naples, FL 34108 [20-CA-3649/1675515/ 1 ] Packet Pg. 851 16. K.5.a 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. nx COLLEEN M. GREENE, ESQ. [20-CA-3649/1675515/1] Packet Pg. 852 16. K.5.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-3649 Parcel: 1174RDUE CHRISTOPHER M. FENSTERMAKER; ANNETTE M. FENSTERMAKER; DORIS A. TULIS; MARK W. STERN; SARA K. STERN; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC; CHAD NIMNUAN; CAROL NIMNUAN; BAMBI JO PENCE, AS SUCCESSOR TRUSTEE OF THE VIRGINIA HOLT REVOCABLE TRUST AGREEMENT DATED DECEMBER 17, 1992 Respondents. STIPULATED FINAL JUDGMENT AS TO PARCEL 1174RDUE THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through counsel, and pro se Respondents, CHRISTOPHER M. FENSTERMAKER AND ANNETTE M. FENSTERMAKER, for the entry of a Stipulated Final Judgment as to Parcel I I74RDUE 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, CHRISTOPHER M. FENSTERMAKER AND ANNETTE M. FENSTERMAKER, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Ninety -Four Thousand Three Hundred and No/100 Dollars ($94,300.00) for Parcel 1174RDUE, as full payment for the property interest taken, in connection with said Parcel. 2. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good faith estimate of value previously deposited in the amount of Ninety -Four Thousand Three [20-CA-3649/1675515/1] Packet Pg. 853 16. K.5.a Hundred and No/100 Dollars ($94,300.00), as payment for the acquisition of Parcel I I74RDUE, at which time title to said Parcel as described in Exhibit "A" vested in the name of Petitioner COLLIER COUNTY, FLORIDA. 3. Within thirty (30) days from the entry of this Order, the Clerk shall disburse form the Court Registry the sum of Ninety -Four Thousand Three Hundred and No/100 Dollars ($94,300.00), to CHRISTOPHER M. FENSTERMAKER AND ANNETTE M FENSTERMAKER, 645 99t' Avenue N, Naples, Florida 34108. 4. This Order disposes of all claims arising out of the taking of Parcel 1174RDUE that have or could have been asserted in this cause. 5. 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 June 17, 2021, and the deposit of money heretofore made, is approved, ratified, and confirmed. 6. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book 5847, Page 3285 of the Public Records of Collier County, Florida be dismissed as to Parcel 1174RDUE. 7. This Court reserves jurisdiction to enforce the terms of this Stipulated Final Judgment. 8. This Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida. Continued on next page [20-CA-3649/1675515/1] Packet Pg. 854 16. K.S.a Exhibit "A" LEGAL DESCRIPTION FOR PARCEL 1174 ROLE A PORMN OF TRACT IM OOLDEN WE ESTATES UNKT IIL AS RECOROEO D PLAT NOOK 7. PACE 7. OF THE PJOUC RECORDS OF COLLIER COIA N FtDMk LYM Ni SECTION 35. TOWNNSHNP 44 SOUTK RANGE 27 EAST. COLLER COIMIY. FLARDA. BEM MORE PARTICULARLY OE SCR18 O AS FOUDWS. BEGINNING AT THE NORIMIEST COINER OF SAD TRACT 125; THENCE NJW31'07'E. ALONG THE MOM UNE OF SAD TRACT M FOR MIS FEET TO A POINT ON A LNE LYING 50 FEET WESTERLY OF AND PARALLEL 70 THE EAST LIE OF SAID TRACT 125: THENCE S.00'2B'40'. ALONG SAD PMtA1.LEL LME. FOR 330.06 FEET TO A POINT ON THE SOWN LNiE OF SAD TRACT 125; THENCE SJl9.31'111A. ALONG SAID SOUTH UNE, FOR MOO FEET. THENCE N.W2a'40'1N.. FOR 190.81 FEET; THENCE N.462B'5O*W., FOR 48.43 FEET; THENCE Sd9'31'07V., FOR 580.90 FEET TO A POW ON THE WEST LNE OF SAD TRACT 125; %` PTHENCE N.W29b2**. ALONG SAID WEST LINE. FOR 100.00 FEET TO THE POINT OF BEGINNNJG Cr be, • I�B6p CONTAINING 67.053 SQUARE FEET, MORE OR LESS BEARINGS ARE BASED ON STATE KAN E COORDNMTES. RAMMA EAST ZONE. • o. 5301 [20-CA-3649n675515/1] Packet Pg. 855 AERIAL - PARCEL 1174RDUE (Vanderbilt Beach Rd. Ext. Project No. 60168) tit Ova 4K- � i � ` 4 it y � �� • +� , ► �• • ol PLO tr y V r Mal r y!'Mw �• , m', ' �X , � z i 0 ` OW .: PARCEL 1174RDUE • r lea Ni .► l� S a Packet Pg. 856