Loading...
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. rr ll�l fln����aa [21-CA-660/1688895/1] Packet Pg. 875 VANDERBILT BEACH ROAD EXTENSION PROJECT 60168-PARCEL 1134FEE CD W LU LU LL cu Packet Pg. 876