Agenda 02/22/2022 Item #16K2 (Final Judgement Parcel 122FEE VBR Project #60168)02/22/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $168,000 plus $55,541
in statutory attorney and apportionment fees, and experts’ fees and costs, for the taking of Parcel
122FEE required for the Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 122FEE 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 122FEE 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 consists of a strip taking along the rear, northerly boundary of the property and is
approximately .59 acres in extent. The parent tract is improved with a single family owned by Juan and
Eva Huerta and contains 3.08 acres of gross land area, which will be reduced to 2.49 acres after the
acquisition. An aerial photograph of the subject property is attached. The property owners operate a
legal, licensed business from the property and asserted a claim for business damages. Businesses of this
nature are legally permissible in the Golden Gate Estates area. The County’s origin al appraisal concluded
to a value of $75,100 excluding severance and business damages. After internal review by the
Transportation Engineering Division, this amount was adjusted to $78,000 to account for increases in
property prices since the date of the appraisal. The property owner’s initial demand was $350,000, which
included both severance and business damages, plus attorney’s fees and expert fees and costs. The parties
participated in Mediation and reached an agreement subject to Board approval. The attached Stipulated
Final Judgment reflects a negotiated compensation amount of $168,000 which includes business damages
and severance damages, plus $35,541 in statutory attorney’s fees, $2,000 for apportionment fees, and
$18,000 in expert fees and costs, for a total of $223,541.
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 $75,100 for its deposit of the good faith
estimate of value. Funds for the balance of $148,441 are available in the Vanderbilt Beach Road
Extension Project Capital Fund, Project 60168 and will be paid directly to the attorney’s trust account.
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. P122FEE Joint Motion for Stipulated Final Judgment (DOCX)
2. Aerial 122FEE (PDF)
16.K.2
Packet Pg. 1325
02/22/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2
Doc ID: 21346
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$168,000 plus $55,541 in statutory attorney and apportionment fees, and experts’ fees and costs, for the
taking of Parcel 122FEE required for the Vanderbilt Beach Road Extension Project No. 60168.
Meeting Date: 02/22/2022
Prepared by:
Title: – County Attorney's Office
Name: Madison Bird
02/10/2022 2:52 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
02/10/2022 2:52 PM
Approved By:
Review:
Growth Management Department Jeanne Marcella Additional Reviewer Completed 02/11/2022 1:39 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 02/11/2022 3:07 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 02/14/2022 9:03 AM
Capital Project Planning, Impact Fees, and Program Management Ian Barnwell Additional Reviewer Completed 02/14/2022 3:25 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 02/15/2022 7:01 AM
Growth Management Department Trinity Scott Transportation Completed 02/15/2022 1:37 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 02/16/2022 9:05 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/16/2022 9:08 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 02/16/2022 11:17 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/16/2022 2:22 PM
County Manager's Office Mark Isackson Level 4 County Manager Review Completed 02/16/2022 2:32 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 02/22/2022 9:00 AM
16.K.2
Packet Pg. 1326
[20-CA-4081/1698699/1]
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.: 20-CA-4081
v. Parcel 122FEE
JOHN E. WENSLEY; ELSY M. WENSLEY; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC;
JUAN HUERTA; EVA HUERTA; JUAN HUERTA
LAWN MAINTENANCE, INC; SUNCOAST CREDIT UNION;
STEVE STUART CARDER; YVONNE TINNIRELLO;
ANTHONY MICHAEL LITKA; KIMBERLY ANN VOGELBACH;
JEFFREY ENGLISH; PUBLIX EMPLOYEES FEDERAL CREDIT UNION
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 122FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, JUAN
HUERTA; EVA HUERTA; JUAN HUERTA LAWN MAINTENANCE, INC, by and through
undersigned counsel, hereby respectfully move this Court for the entry of the foregoing Stipulated
Final Judgment as to Parcel 122FEE attached hereto as Exhibit “1”.
_/s/ MARK A. LINSKY_____
MARK A. LINSKY, ESQ.
Florida Bar No. 331026
503 W. Platt Street
Tampa, FL 33606
Telephone: (813) 251-5197
COUNSEL FOR RESPONDENT SUNCOAST CREDIT UNION
malinsky@gte.net
___________________________
COLLEEN M. GREENE, ESQ.
Florida Bar No. 502650
Collier County Attorney’s Office
3299 E. Tamiami Tr., Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Colleen.Greene@colliercountyfl.gov
Sheri.Malcolm@colliercountyfl.gov
_/s/ JACKSON H. BOWMAN
JACKSON H. BOWMAN, ESQ.
Florida Bar No. 143715
Moore Bowman & Reese, P.A.
4100 W. Kennedy Blvd., Suite 221
Tampa, FL 33609
Telephone: (813) 318-9000
COUNSEL FOR RESPONDENTS HUERTA
jbowman@mbrfirm.com
kfernandez@mbrfirm.com
16.K.2.a
Packet Pg. 1327 Attachment: P122FEE Joint Motion for Stipulated Final Judgment (21346 : Stipulated Final Judgment Vanderbilt Beach Rd Project No.60168)
[20-CA-4081/1698699/1]
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 February
2022, which will provide notice to the Respondents and Mark Linsky, Esq., on behalf of interested
party Suncoast.
By:___________________________
COLLEEN M. GREENE, ESQ.
16.K.2.a
Packet Pg. 1328 Attachment: P122FEE Joint Motion for Stipulated Final Judgment (21346 : Stipulated Final Judgment Vanderbilt Beach Rd Project No.60168)
[20-CA-4081/1698699/1]
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.: 20-CA-4081
v. Parcel 122FEE
JOHN E. WENSLEY; ELSY M. WENSLEY; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC;
JUAN HUERTA; EVA HUERTA; JUAN HUERTA
LAWN MAINTENANCE, INC; SUNCOAST CREDIT UNION;
STEVE STUART CARDER; YVONNE TINNIRELLO;
ANTHONY MICHAEL LITKA; KIMBERLY ANN VOGELBACH;
JEFFREY ENGLISH; PUBLIX EMPLOYEES FEDERAL CREDIT UNION
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 122FEE
WITH DISBURSEMENT DIRECTIONS TO THE CLERK
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, JUAN HUERTA; EVA HUERTA; JUAN
HUERTA LAWN MAINTENANCE, INC, and SUNCOAST CREDIT UNION, by and through
counsel, for the entry of a Stipulated Final Judgment as to Parcel 122FEE 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, JUAN HUERTA; EVA HUERTA; JUAN HUERTA LAWN
MAINTENANCE, INC, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total
sum of One Hundred Sixty-Eight Thousand and No/100 Dollars ($168,000.00) for Parcel
122FEE, as full payment for the property interest taken, including all business damages, in
connection with said parcel.
16.K.2.a
Packet Pg. 1329 Attachment: P122FEE Joint Motion for Stipulated Final Judgment (21346 : Stipulated Final Judgment Vanderbilt Beach Rd Project No.60168)
[20-CA-4081/1698699/1]
2. Respondents, JUAN HUERTA; EVA HUERTA; JUAN HUERTA LAWN
MAINTENANCE, INC, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum
of Thirty-Five Thousand Five Hundred Forty-One and No/100 Dollars ($35,541.00), for all
attorney fees and costs associated with the acquisition of Parcel 122FEE, plus a supplemental
attorney’s fee in the amount of Two Thousand and No/100 Dollars ($2,000.00) for supplemental
proceedings / apportionment proceedings, in compliance with F.S.73.092.
3. Respondents, JUAN HUERTA; EVA HUERTA; JUAN HUERTA LAWN
MAINTENANCE, INC, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total
sum of Eighteen Thousand Dollars and No/100 Dollars ($18,000.00), for all expert fees and
costs associated with the acquisition of Parcel 122FEE, 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-Five Thousand One
Hundred and No/100 Dollars ($75,100.00), as payment for the acquisition of Parcel 122FEE, at
which time title to said parcel as described in Exhibit “A” vested in the name of Petitioner
COLLIER COUNTY, FLORIDA.
5. Respondent, SUNCOAST CREDIT UNION, shall recover Thirty-Four
Thousand Five Hundred Twenty and No/100 Dollars ($34,520.00) as a principal reduction
payment on the outstanding balance of the loan due SUNCOAST CREDIT UNION, and Four
Thousand Eight Hundred and No/100 Dollars ($4,800.00) as attorney’s fees and costs, for
which Respondents, JUAN HUERTA and EVA HUERTA shall be responsible for making
payment.
6. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of One Hundred Forty-Eight Thousand Four
Hundred and Forty-One and No/100 Dollars ($148,441.00), representing the remaining full
compensation due Respondents for the acquisition of Parcel 122FEE, including the above-
16.K.2.a
Packet Pg. 1330 Attachment: P122FEE Joint Motion for Stipulated Final Judgment (21346 : Stipulated Final Judgment Vanderbilt Beach Rd Project No.60168)
[20-CA-4081/1698699/1]
referenced loan principal reduction, attorney’s fees, supplemental attorney’s fees, costs, and expert
fees, by issuing a check made payable to Moore Bowman & Reese, P.A., Trust Account, and
mailing the check to 4100 West Kennedy Blvd., Suite 221, Tampa, FL 33609. Upon receipt, said
funds immediately will be disbursed appropriately by Moore, Bowman & Reese, P.A., including
the payments of the loan reduction and attorney’s fees to SUNCOAST CREDIT UNION.
7. Within thirty (30) days from the entry of this Order, the Clerk of Courts shall
disburse from the Court Registry as follows:
a. The Clerk shall disburse the sum of One Hundred Eighty and 18/100
Dollars ($180.18) (based on a $1.26 per day for 143 days for Jan. 1, 2021, through May
24, 2021, the date of deposit,) to the Collier County Tax Collector.
b. The Clerk shall disburse the remaining balance of Seventy-Four
Thousand Nine Hundred Nineteen and 82/100 Dollars ($74,919.82) to the Moore
Bowman & Reese, P.A., Trust Account and mailed to 4100 West Kennedy Blvd., Suite
221, Tampa, FL 33609, for proper disbursement to the landowner.
8. Petitioner will construct the project in substantial conformance with the ninety
percent (90%) construction plans for the project, which plans are incorporated herein by reference.
9. This Order disposes of all claims arising out of the taking of Parcel 122FEE that
have or could have been asserted in this cause.
10. 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
May 17, 2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
11. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5868, Page 1418 of the Public Records of Collier County, Florida be dismissed as to Parcel
122FEE.
12. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
16.K.2.a
Packet Pg. 1331 Attachment: P122FEE Joint Motion for Stipulated Final Judgment (21346 : Stipulated Final Judgment Vanderbilt Beach Rd Project No.60168)
[20-CA-4081/1698699/1]
13. 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 ____________, 2022.
_____________________________________
THE HONORABLE LAUREN BRODIE
Circuit Court Judge
Cc: Colleen M. Greene, Esq.
Jackson H. Bowman, Esq.
Marc Linsky, Esq.
Exhibit “A”
16.K.2.a
Packet Pg. 1332 Attachment: P122FEE Joint Motion for Stipulated Final Judgment (21346 : Stipulated Final Judgment Vanderbilt Beach Rd Project No.60168)
Vanderbilt Beach Road Extension
Project 60168‐Parcel 122FEE
/
PARCEL 122FEE
16.K.2.b
Packet Pg. 1333 Attachment: Aerial 122FEE (21346 : Stipulated Final Judgment Vanderbilt Beach Rd Project No.60168)