Agenda 02/22/2022 Item #16K4 (Final Judgement Parcel 233FEE VBR Project #60168)02/22/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $128,600 plus
$28,859.39 in statutory attorney fees, apportionment fees, and experts’ fees and costs, and a not to
exceed amount of $3,000 for additional apportionment fees if any, for the taking of Parcel 233FEE
required for the Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 233FEE 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 233FEE 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, southerly boundary of the property and is
approximately .46 acres in extent. The parent tract contains a single-family home and associated site
improvements owned by Brian Holdeman and contains 2.73 acres of gross land area, which will be
reduced to 2.27 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 $93,600. The property owner’s initial demand
was $204,300 plus attorney’s fees and expert fees and costs. The parties participated in informal
negotiations and reached an agreement subject to Board approval. The attached Stipulated Final Judgment
reflects a negotiated compensation amount of $128,600 plus $22,077 in statutory attorney’s fees, $354 in
apportionment fees, and $6,428.39 in expert fees and costs for a total of $157,459.39. The parties have
agreed to a not to exceed amount of $3,000 in additional apportionment fees if any.
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 $80,700 for its deposit of the good faith
estimate of value. Funds for the balance of $76,759.39, plus an additional $3,000 if required, are
available in the Vanderbilt Beach Road Extension Project Capital Fund, Project 60168. The funds will be
disbursed 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. P233FEE Joint Motion for Stip Final Judgment (DOCX)
2. AERIAL - Parcel 233FEE (PDF)
16.K.4
Packet Pg. 1342
02/22/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doc ID: 21410
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$128,600 plus $28,859.39 in statutory attorney fees, apportionment fees, and experts’ fees and costs, and
a not to exceed amount of $3,000 for additional apportionment fees if any, for the taking of Parcel
233FEE 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
02/14/2022 4:31 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
02/14/2022 4:31 PM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 02/15/2022 7:03 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 02/15/2022 9:30 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 02/16/2022 5:59 AM
Capital Project Planning, Impact Fees, and Program Management Madison Bird Additional Reviewer Skipped 02/16/2022 8:11 AM
Growth Management Department Trinity Scott Transportation Completed 02/16/2022 8:24 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 02/16/2022 8:53 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/16/2022 9:05 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 02/16/2022 9:28 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/16/2022 2:16 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 02/16/2022 2:24 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 02/22/2022 9:00 AM
16.K.4
Packet Pg. 1343
[21-CA-701/1699275/1]
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.: 21-CA-701
v. Parcel 233FEE
BRENDA L. ALLEGAR-KIRKHOFF; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC; HMF
FL C, LLC; RICHARD A. FAUST; CAROLYN A. FAUST;
WILLIAM BAYER; ANGELINA TURRA; BRIAN K.
HOLDEMAN; MARY A. HOLDEMAN; NINA K.
HOLDEMAN; WELLS FARGO BANK, NA; KIMBERLY
KAY LENAHAN; HSBC BANK USA, NA, AS
TRUSTEE UNDER THE POOLING AND SERVICING
AGREEMENT DATED AS OF JULY 1, 2005,
FREEMONT HOME LOAN TRUST 2005-C;
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 233FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, BRIAN K.
HOLDEMAN AND NINA K. HOLDEMAN, by and through undersigned counsel, hereby
respectfully move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel
233FEE attached hereto as Exhibit “1”.
____________________________ _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 RESPONDENTS
Colleen.Greene@colliercountyfl.gov kjones@hahnlaw.com
Sheri.Malcolm@colliercountyfl.gov jstone@hahnlaw.com
16.K.4.a
Packet Pg. 1344 Attachment: P233FEE Joint Motion for Stip Final Judgment (21410 : Approve Stipulated Final Judgment for Parcel 233FEE Vanderbilt Road Ext.
[21-CA-701/1699275/1]
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.4.a
Packet Pg. 1345 Attachment: P233FEE Joint Motion for Stip Final Judgment (21410 : Approve Stipulated Final Judgment for Parcel 233FEE Vanderbilt Road Ext.
[21-CA-701/1699275/1]
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.: 21-CA-701
v. Parcel 233FEE
BRENDA L. ALLEGAR-KIRKHOFF; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC; HMF
FL C, LLC; RICHARD A. FAUST; CAROLYN A. FAUST;
WILLIAM BAYER; ANGELINA TURRA; BRIAN K.
HOLDEMAN; MARY A. HOLDEMAN; NINA K.
HOLDEMAN; WELLS FARGO BANK, NA; KIMBERLY
KAY LENAHAN; HSBC BANK USA, NA, AS
TRUSTEE UNDER THE POOLING AND SERVICING
AGREEMENT DATED AS OF JULY 1, 2005,
FREEMONT HOME LOAN TRUST 2005-C;
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 233FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, BRIAN K. HOLDEMAN AND NINA K.
HOLDEMAN, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel
233FEE 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, BRIAN K. HOLDEMAN AND NINA K. HOLDEMAN, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Hundred
Twenty-Eight Thousand Six Hundred and No/100 Dollars ($128,600.00) for Parcel 233FEE,
as full payment for the property interest taken, in connection with said Parcel.
2. Respondents, BRIAN K. HOLDEMAN AND NINA K. HOLDEMAN, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Twenty-Two Thousand
16.K.4.a
Packet Pg. 1346 Attachment: P233FEE Joint Motion for Stip Final Judgment (21410 : Approve Stipulated Final Judgment for Parcel 233FEE Vanderbilt Road Ext.
[21-CA-701/1699275/1]
Seventy-Seven and No/100 Dollars ($22,077.00), for all attorney fees and costs associated with
the acquisition of Parcel 233FEE, plus the sum of Three Hundred Fifty-Four and No/100
Dollars ($354.00) for apportionment fees associated with the acquisition of Parcel 233FEE.
Respondents reserve the right to claim additional attorney fees incurred as a result of
apportionment or supplemental proceedings as authorized pursuant to Section 73.091, Fla. Stat.
and Section 73.092, Fla. Stat, in an amount not to exceed $3,000.
3. Respondents, BRIAN K. HOLDEMAN AND NINA K. HOLDEMAN, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Six Thousand Four
Hundred Twenty-Eight Dollars and 39/100 Dollars ($6,428.39), for all expert fees and costs
associated with the acquisition of Parcel 233FEE, 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 Eighty Thousand Seven Hundred
and No/100 Dollars ($80,700.00), as payment for the acquisition of Parcel 233FEE, 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 Twenty-Eight Thousand Eight Hundred Fifty-
Nine and 39/100 Dollars ($28,859.39), for attorney’s fees, costs, and expert fees, by mailing a
check to Hahn Loeser & Parks, LLP, Hahn Loeser & Parks, LLP, 2400 First Street, Suite 300, Fort
Myers, FL 33901.
6. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall deposit into the Court’s Registry the total sum of Forty-Seven
Thousand Nine Hundred and No/100 Dollars ($47,900.00), representing the total balance due
for the acquisition of Parcel 233FEE.
16.K.4.a
Packet Pg. 1347 Attachment: P233FEE Joint Motion for Stip Final Judgment (21410 : Approve Stipulated Final Judgment for Parcel 233FEE Vanderbilt Road Ext.
[21-CA-701/1699275/1]
7. 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.
8. Although the property now falls 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 property
shall remain the same as prior to the Vanderbilt Beach Road public acquisition, and the property
shall remain legal and buildable. Pursuant to Collier County Land Development Code Section
9.03.07.C., lots where the public acquisition reduces the required minimum yard, lot coverage or
lot dimensions can have reduced dimensions equal to that of the acquisition area.
9. This Order disposes of all claims arising out of the taking of Parcel 233FEE 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
August 16, 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
5907, Page 2604 of the Public Records of Collier County, Florida be dismissed as to Parcel
233FEE.
12. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
13. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
16.K.4.a
Packet Pg. 1348 Attachment: P233FEE Joint Motion for Stip Final Judgment (21410 : Approve Stipulated Final Judgment for Parcel 233FEE Vanderbilt Road Ext.
[21-CA-701/1699275/1]
DONE AND ORDERED in Chambers, Collier County, Naples, Florida, this ___ day of
________ 2022.
THE HONORABLE LAUREN BRODIE
Circuit Court Judge
Exhibit “A”
16.K.4.a
Packet Pg. 1349 Attachment: P233FEE Joint Motion for Stip Final Judgment (21410 : Approve Stipulated Final Judgment for Parcel 233FEE Vanderbilt Road Ext.
AERIAL – PARCEL 233FEE
(Vanderbilt Beach Rd. Ext. Project No. 60168)
PARCEL 233FEE
/
16.K.4.b
Packet Pg. 1350 Attachment: AERIAL - Parcel 233FEE (21410 : Approve Stipulated Final Judgment for Parcel 233FEE Vanderbilt Road Ext. Project No. 60168)