Agenda 02/08/2022 Item #16K 7 (Final Judgment for the taking of Parcel 1134FEE for VBR Ext.)02/08/2022
16. K.7
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $155,000 plus $42,199
in statutory attorney and experts' fees and costs for the taking of Parcel 1134FEE required for the
Vanderbilt Beach Road Extension Project No. 60168.
OBJECTIVE: To settle full compensation for the taking of Parcel 1134FEE 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 1134FEE 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 fee simple
acquisition area consists of a strip taking along the rear, northerly boundary of the property and is
approximately 0.41 acres in extent. The parent tract is owned by Ian and Stephanie Orlikoff and contains
2.73 acres of gross land area, which will be reduced to 2.32 acres after the acquisition. An aerial
photograph of the subject property is attached. The County's appraiser estimated full compensation at
$102,400 including severance damages. The property owner's initial demand was $245,300 plus
attorney's fees and expert fees and costs. The parties participated in mediation and reached an agreement.
The attached Stipulated Final Judgment reflects a negotiated compensation amount of $155,000 plus
$30,459 in statutory attorney's fees and $11,740 in expert fees and costs, for a total of $197,199.
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 $74,700 for its deposit of the good faith
estimate of value. Funds for the balance of $122,669, 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. P1134FEE Joint Motion for Stipulated Final Judgment JMH (1) (DOCX)
2. Aerial - Parcel 1134FEE (PDF)
Packet Pg. 868
16. K.7
02/08/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.7
Doe ID: 21256
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$155,000 plus $42,199 in statutory attorney and experts' fees and costs for the taking of Parcel 1134FEE
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: Wanda Rodriguez
02/02/2022 3:17 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
02/02/2022 3:17 PM
Approved By:
Review:
Growth Management Department
Geoffrey Willig
Additional Reviewer
Transportation Engineering
Geoffrey Willig
Additional Reviewer
Transportation Engineering
Geoffrey Willig
Additional Reviewer
Capital Project Planning, Impact Fees, and Program Management
Geoffrey Willig
Growth Management Department
Trinity Scott
Additional Reviewer
County Attorney's Office
Jennifer Belpedio
Level 2 Attorney of Record 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
Laura Zautcke
Additional Reviewer
County Manager's Office
Amy Patterson
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Skipped
02/02/2022 3:29 PM
Skipped
02/02/2022 3:29 PM
Skipped
02/02/2022 3:29 PM
Additional Reviewer Skipped
Completed
02/02/2022 3:39 PM
Completed
02/02/2022 3:40 PM
Completed
02/02/2022 3:42 PM
Completed
02/02/2022 3:46 PM
Completed
02/02/2022 3:48 PM
Completed
02/02/2022 4:03 PM
02/08/2022 9:00
AM
Packet Pg. 869
16. K.7.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,
►IM
Case No.: 21-CA-660
Parcel 1134FEE
LUIS GOMEZ; MIDLAND FUNDING LLC; VINAYA
SHARMA; EMILY SCHAEFER; MORTGAGE ELECTONIC
REGISTRATION SYSTEMS, INC; CAP ONE CLTRL
ASSIGNEE OF FIG 2233, LLC; JAMES JUSTIN TOMBLIN;
CENTURY LENDING COMPANY; IAN ORLIKOFF;
STEPHANIE ORLIKOFF; CONSTANCE A. GARY N/K/A
CONSTANCE A. BRUGGEMAN
Respondents.
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1134FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, IAN ORLIKOFF
AND STEPHANIE ORLIKOFF, and Respondent MERS by and through undersigned counsel,
hereby respectfully move this Court for the entry of the foregoing Stipulated Final Judgment as to
Parcel 1134FEE attached hereto as Exhibit 111".
JENNIFER A. BELPEDIO, ESQ.
Florida Bar No. 186030
Collier County Attorney's Office
3299 E. Tamiami Trail, Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Colleen. Greenekcollierc ountyfl. gov
Jennifer.Belpedio(d), colliercouno. gov
Sheri.Malcolmgcolliercount�fl. gov
JOSEPH M. HANRATTY, ESQ.
Florida Bar No. 0949760
723 E. Ft. King St. Ste A
Ocala, FL 34471
Telephone: (352) 282-0053
COUNSEL FOR RESPONDENTS
hanrattypleadings (d,gmail. com
HEATHER L. FESNAK
Florida Bar No. 85884
401 E. Jackson Street
Tampa, FL 33602-5250
Telephone: 813 -223 -73 3 3
Counsel for Defendant MERS
heather.fesnak@akennan.com
[21-CA-660/1688895/1] Packet Pg. 870
16.K.7.a
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.
an
JENNIFER A. BELPEDIO, ESQ
[21-cA-660/1688895/1] Packet Pg. 871
16. K.7.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.: 21-CA-660
V. Parcel 1134FEE
LUIS GOMEZ; MIDLAND FUNDING LLC; VINAYA
SHARMA; EMILY SCHAEFER; MORTGAGE ELECTONIC
REGISTRATION SYSTEMS, INC; CAP ONE CLTRL
ASSIGNEE OF FIG 2233, LLC; JAMES JUSTIN TOMBLIN;
CENTURY LENDING COMPANY; IAN ORLIKOFF;
STEPHANIE ORLIKOFF; CONSTANCE A. GARY N/K/A
CONSTANCE A. BRUGGEMAN
Respondents.
STIPULATED FINAL JUDGMENT AS TO PARCEL 1134FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, IAN ORLIKOFF AND STEPHANIE
ORLIKOFF, and Respondent MERS, by and through counsel, for the entry of a Stipulated Final
Judgment as to Parcel 1134FEE 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, IAN ORLIKOFF AND STEPHANIE ORLIKOFF, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the sum of One Hundred Fifty -Five
Thousand and No/100 Dollars ($155,000.00), subject to apportionment, if any, as well as having
their fees and costs paid at set forth below in paragraphs 2 and 3 as required by law, for Parcel
1134FEE, as full payment for the property interest taken, in connection with said parcel, including
any and all business damages.
2. Respondents, IAN ORLIKOFF AND STEPHANIE ORLIKOFF, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Thirty Thousand Four
[21-CA-660/1688895/1] Packet Pg. 872
16. K.7.a
Hundred Fifty -Nine and No/100 Dollars ($30,459.00), for all attorney fees and costs associated
with the acquisition of Parcel I I34FEE.
3. Respondents, IAN ORLIKOFF AND STEPHANIE ORLIKOFF, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Eleven Thousand Seven
Hundred Forty Dollars and No/100 Dollars ($11,740.00), for all expert fees and costs associated
with the acquisition of Parcel 1134FEE, 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 Seventy -Four Thousand Seven
Hundred and No/100 Dollars ($74,700.00), as payment for the acquisition of Parcel 1134FEE,
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 Eighty Thousand
Three Hundred and No/100 Dollars ($80,300.00), as payment for acquisition of Parcel
I I34FEE, subject to apportionment as set forth in Paragraph 6 below.
6. Upon deposit of the Eighty Thousand Three Hundred and 00/100 Dollars
($80,300.00) the clerk shall disburse Forty -Nine Thousand Seven Hundred Eighty -Six Dollars and
00/100 ($49,786.00) to MERS via check payable to its designee, NewRez LLC d/b/a Shellpoint
Mortgage Servicing and mailed to Heather Fesnak, Esq of Ackerman LLP at 410 E. Jackson Street,
Suite 1700. Tampa, Florida 33602 (which will be applied in accordance with the Orlikoffs'
Mortgage.
7. Upon deposit of the Eighty Thousand Three Hundred and No/100 Dollars
($80,300.00) the clerk shall disburse Thirty Thousand Five Hundred Fourteen and 00/100
($30,514.00) made payable to Respondents IAN ORLIKOFF AND STEPHANIE ORLIKOFF and
[21-CA-660/1688895/1] Packet Pg. 873
16. K.7.a
mailed to Law Offices of Joseph M. Hanratty, PLLL, 723 East Ft. King Street, Suite A, Ocala, FL,
34471.
8. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Forty -Two Thousand One Hundred Ninety -
Nine and No/100 Dollars ($42,199.00), representing the attorney's fees, costs, and expert fees,
by mailing a check to Law Offices of Joseph M. Hanratty, PLLL, 723 East Ft. King Street, Suite
A, Ocala, FL, 34471.
9. Petitioner will construct the project in substantial conformance with the 100%
construction plans for the project, which plans are incorporated herein by reference. Respondent
understands and agrees that this Stipulated Final Judgment contemplates the future 6-laning of
Vanderbilt Beach Road (VBR). No additional compensation shall be due to Respondent for the
widening of VBR up to 6-lanes, including related roadway improvements to VBR.
10. This Order disposes of all claims arising out of the taking of Parcel 1134FEE that
have or could have been asserted in this cause.
11. A fee simple taking, being fully described in Exhibit "A" attached hereto and
incorporated herein, which vested in Petitioner pursuant to the Stipulated Order of Taking dated
June 23, 2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
12. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5904, Page 2825 of the Public Records of Collier County, Florida be dismissed as to Parcel
1134FEE.
13 This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
14. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Exhibit "A"
[21-CA-660/1688895/1] Packet Pg. 874
16. K.7.a
LEGAL DESCRIPTION FOR PARCEL 1134 FF.t .•r_A\ ,•"•••.•''Ifs
A PORTION OF TRACT 74, GOLDEN GATE ESTATES UNIT 18, AS RECORDED IN PLAT BOOK 7r PACI<QOF THE PLIP
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 34, TOWNSHIP 48 SOUTH, RANCE 2k EAST, OLLIER Q ;
COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 30
THE NORTH 100 FEET OF THE EAST 18D FEET OF SAID TRACT 74. : � •.. q�1r ra
CONTAINING 18,000 SQUARE FEET, MORE OR LESS.
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[21-CA-660/1688895/1] Packet Pg. 875
VANDERBILT BEACH ROAD EXTENSION
PROJECT 60168-PARCEL 1134FEE
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Packet Pg. 876