Agenda 02/22/2022 Item #16K3 (Final Judgement Parcel 1230FEE VBR Project #60168)02/22/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $155,000 plus
$41,150.41 in statutory attorney and apportionment fees and experts’ fees and costs for the taking
of Parcel 1230FEE required for the Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1230FEE 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 1230FEE 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 t he property and is
approximately .76 acres in extent. The parent tract contains a single-family home and associated site
improvements owned by Amy Johnson and contains 5 acres of gross land area, which will be reduced to
4.24 acres after the acquisition. An aerial photograph of the subject property is attached. The County’s
date of value appraisal concluded to a value of $119,400. The property owner’s initial demand was
$213,800 plus attorney’s fees and expert fees and costs. The parties participated i n informal negotiations
and reached an agreement subject to Board approval. The attached Stipulated Final Judgment reflects a
negotiated compensation amount of $155,000 plus $32,307 in statutory attorney’s fees, $665.50 in
apportionment fees, $8,177.91 in expert fees and costs, for a total of $196,150.41.
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 $91,500 for its deposit of the good faith
estimate of value. Funds for the balance of $104,650.41 are available in the Vanderbilt Beach Road
Extension Project Capital Fund, Project 60168 and will be distributed 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. P1230FEE Joint Motion for Stip Final Judgment (DOCX)
2. Aerial 1230FEE (PDF)
16.K.3
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02/22/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 21363
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$155,000 plus $41,150.41 in statutory attorney and apportionment fees and experts’ fees and costs for the
taking of Parcel 1230FEE 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
02/11/2022 8:33 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
02/11/2022 8:33 AM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 02/11/2022 3:11 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 02/14/2022 7:43 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 02/14/2022 9:01 AM
Capital Project Planning, Impact Fees, and Program Management Ian Barnwell Additional Reviewer Completed 02/14/2022 3:21 PM
Growth Management Department Trinity Scott Additional Reviewer Completed 02/15/2022 1:37 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 02/16/2022 8:57 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/16/2022 9:07 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 02/16/2022 11:16 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/16/2022 2:17 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 02/16/2022 2:20 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 02/22/2022 9:00 AM
16.K.3
Packet Pg. 1335
[20-CA-3728/1697693/1]
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-3728
v. Parcel 1230FEE
AMY TORRES N/K/A AMY TORRES JOHNSON;
JP MORGAN CHASE BANK, NA; JULIA A. MARTINEZ;
ROBERT J. DAVIS; DEBORAH D. DAVIS; ARNOLD PAU JR.
INTERNAL REVENUE SERVICE; SAVVY FL LLC
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1230FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, AMY TORRES
N/K/A AMY TORRES JOHNSON, by and through undersigned counsel, hereby respectfully
move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel 1230FEE
attached hereto as Exhibit “1”.
____________________________ _/s/ KENNETH A. JONES__
COLLEEN M. GREENE, ESQ. KENNETH A. JONES, ESQ
Florida Bar No. 502650 Florida Bar No. 200158
Collier County Attorney’s Office Hahn Loeser & Parks, LLP
3299 E. Tamimi Trail, Suite 800 2400 First Street, Suite 300
Naples, FL 34112 Fort Myers, FL 33901-2904
Telephone: (239) 252-8400 Telephone: (239) 337-6727
COUNSEL FOR PETITIONER COUNSEL FOR RESPONDENT(S)
Colleen.Greene@colliercountyfl.gov kjones@hahnlaw.com
Sheri.Malcolm@colliercountyfl.gov jstone@hahnlaw.com
16.K.3.a
Packet Pg. 1336 Attachment: P1230FEE Joint Motion for Stip Final Judgment (21363 : Approve stipulated final judgment parcel 1230FEE for Vanderbilt Beach
[20-CA-3728/1697693/1]
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
February 2022.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
16.K.3.a
Packet Pg. 1337 Attachment: P1230FEE Joint Motion for Stip Final Judgment (21363 : Approve stipulated final judgment parcel 1230FEE for Vanderbilt Beach
[20-CA-3728/1697693/1]
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-3728
v. Parcel 1230FEE
AMY TORRES N/K/A AMY TORRES JOHNSON;
JP MORGAN CHASE BANK, NA; JULIA A. MARTINEZ;
ROBERT J. DAVIS; DEBORAH D. DAVIS; ARNOLD PAU JR.
INTERNAL REVENUE SERVICE; SAVVY FL LLC
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1230FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, AMY TORRES N/K/A AMY TORRES
JOHNSON, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel
1230FEE 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. Respondent, AMY TORRES N/K/A AMY TORRES JOHNSON, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Hundred Fifty-Five
Thousand and No/100 Dollars ($155,000.00) for Parcel 1230FEE, as full payment for the
property interest taken, in connection with said Parcel.
2. Respondent, AMY TORRES N/K/A AMY TORRES JOHNSON, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Thirty-Two Thousand Three
Hundred Seven and No/100 Dollars ($32,307.00), for all attorney fees and costs associated with
the acquisition of Parcel 1230FEE, plus the sum of Six Hundred Sixty-Five and 50/100 Dollars
($665.50) for apportionment fees associated with the acquisition of Parcel 1230FEE.
16.K.3.a
Packet Pg. 1338 Attachment: P1230FEE Joint Motion for Stip Final Judgment (21363 : Approve stipulated final judgment parcel 1230FEE for Vanderbilt Beach
[20-CA-3728/1697693/1]
3. Respondent, AMY TORRES N/K/A AMY TORRES JOHNSON, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Eight Thousand One
Hundred Seventy-Seven Dollars and 91/100 Dollars ($8,177.91), for all expert fees and costs
associated with the acquisition of Parcel 1230FEE, 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 Ninety-One Thousand Five
Hundred and No/100 Dollars ($91,500.00), as payment for the acquisition of Parcel 1230FEE,
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 pay the total sum of One Hundred Four Thousand Six Hundred
Fifty and 41/100 Dollars ($104,650.41), representing the total sum due for the acquisition of
Parcel 1230FEE, attorney’s fees, costs, and expert fees, by mailing a check to Hahn Loeser &
Parks, LLP, 200 Public Square, Suite 2800, Cleveland, OH 44114.
6. Petitioner will construct the project in substantial conformance with the one
hundred percent (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.
7. Should the property be subdivided into two parcels and the parcels fall below the
minimum lot size of 2.25 acres as a result of the Vanderbilt Beach Road public acquisition, the
rights and entitlements of the properties shall remain the same as prior to the Vanderbilt Beach
Road public acquisition, and the properties shall remain legal and buildable. Pursuant to Collier
County Land Development Code Section 9.03.07.C., lots where the public acquisition reduces the
16.K.3.a
Packet Pg. 1339 Attachment: P1230FEE Joint Motion for Stip Final Judgment (21363 : Approve stipulated final judgment parcel 1230FEE for Vanderbilt Beach
[20-CA-3728/1697693/1]
required minimum yard, lot coverage or lot dimensions can have reduced dimensions equal to that
of the acquisition area.
8. This Order disposes of all claims arising out of the taking of Parcel 1230FEE that
have or could have been asserted in this cause.
9. A fee simple taking, being fully described in Exhibit “A” attached hereto and
incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated March 23,
2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
10. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5850, Page 1489 of the Public Records of Collier County, Florida be dismissed as to Parcel
1230FEE.
11. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
12. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
DONE AND ORDERED in Chambers, Collier County, Naples, Florida, this ___ day of
_________ 2022.
THE HONORABLE LAUREN BRODIE
Circuit Court Judge
Exhibit “A”
16.K.3.a
Packet Pg. 1340 Attachment: P1230FEE Joint Motion for Stip Final Judgment (21363 : Approve stipulated final judgment parcel 1230FEE for Vanderbilt Beach
Vanderbilt Beach Road Extension
Project 60168‐Parcel 1230FEE
*NOTE: Half of the property is encumbered by 1232RDUE recorded 7/6/2009 OR 4469 PG 33 ‐ $11,400
/
PARCEL 1230FEE
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Packet Pg. 1341 Attachment: Aerial 1230FEE (21363 : Approve stipulated final judgment parcel 1230FEE for Vanderbilt Beach Proj)