Agenda 03/08/2022 Item #16K 4 (Stipulated Final Judgement for Parcel 206FEE VBR Ext. Project)03/08/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $102,500 plus $22,570
in statutory attorney fees, experts’ fees and costs, for the taking of Parcel 206FEE required for the
Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 206FEE 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 206FEE 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 .43 acres in extent. The parent tract is improved with a single-family home and associated
site improvements owned by Brenda Allegar-Kirkhoff and contains 2.73 acres of gross land area, which
will be reduced to 2.3 acres after the acquisition. An aerial photograph of the subject property is attached.
The County’s date of deposit appraisal concluded to a value of $70,500. The property owner’s initial
demand was $146,500 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 $102,500 plus $20,064 in statutory attorney’s fees, and
$2,506 in expert fees and costs for a total of $125,070.
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 $59,300 for its deposit of the good faith
estimate of value. Funds for the balance of $65,770, 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. P206FEE - joint Motion for Stipulated Final Judgment (DOCX)
2. AERIAL 206FEE (PDF)
16.K.4
Packet Pg. 1161
03/08/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doc ID: 21464
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$102,500 plus $22,570 in statutory attorney fees, experts’ fees and costs, for the taking of Parcel 206FEE
required for the Vanderbilt Beach Road Extension Project No. 60168.
Meeting Date: 03/08/2022
Prepared by:
Title: – County Attorney's Office
Name: Madison Bird
02/23/2022 2:37 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
02/23/2022 2:37 PM
Approved By:
Review:
Growth Management Department Lisa Taylor Additional Reviewer Completed 02/23/2022 2:54 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 02/23/2022 4:50 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 02/24/2022 11:00 AM
Growth Management Department Trinity Scott Transportation Completed 02/24/2022 1:36 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 02/25/2022 8:22 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/25/2022 8:34 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/25/2022 9:30 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 02/25/2022 9:47 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 02/28/2022 9:49 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/08/2022 9:00 AM
16.K.4
Packet Pg. 1162
[21-CA-701/1701493/1]
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 206FEE
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 206FEE
Petitioner, COLLIER COUNTY, and Respondent, BRENDA L. ALLEGAR-KIRKHOFF,
by and through undersigned counsel, jointly move this Honorable Court for the entry of the
proposed Stipulated Final Judgment as to Parcel 206FEE, attached hereto as Exhibit “1”.
____________________________ /s/ SUMMER E. DEGEL
COLLEEN M. GREENE, ESQ. SUMMER E. DEGEL, ESQ
Florida Bar No. 502650 Florida Bar No. 0106536
Collier County Attorney’s Office Gray Robinson, PA,
3299 E. Tamimi Trail, Suite 800 PO Box 3068
Naples, FL 34112 Orlando, FL 32802
Telephone: (239) 252-8400 Telephone: (407) 843-8880
COUNSEL FOR PETITIONER COUNSEL FOR RESPONDENT
Colleen.Greene@colliercountyfl.gov Summer.DeGel@gray-robinson.com
Sheri.Malcolm@colliercountyfl.gov
16.K.4.a
Packet Pg. 1163 Attachment: P206FEE - joint Motion for Stipulated Final Judgment (21464 : Recommendation to Approve Stipulated Final Judgment for Parcel
[21-CA-701/1701493/1]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated
Order of Taking was electronically filed with the Florida Courts E-Filing Portal on this ___ day of
March 2022.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
16.K.4.a
Packet Pg. 1164 Attachment: P206FEE - joint Motion for Stipulated Final Judgment (21464 : Recommendation to Approve Stipulated Final Judgment for Parcel
[21-CA-701/1701493/1]
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 206FEE
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 206FEE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, and Respondent, BRENDA L. ALLEGAR-KIRKHOFF, by and through
counsel, for the entry of a Stipulated Final Judgment as to Parcel 206FEE, for Project No. 60168,
and it appearing to the 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 thereupon
ORDERED AND ADJUDGED that:
1. Respondent, BRENDA L. ALLEGAR-KIRKHOFF, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of One Hundred Two Thousand Five Hundred
16.K.4.a
Packet Pg. 1165 Attachment: P206FEE - joint Motion for Stipulated Final Judgment (21464 : Recommendation to Approve Stipulated Final Judgment for Parcel
[21-CA-701/1701493/1]
and No/100 Dollars ($102,500.00) for the acquisition of Parcel 206FEE, as full payment for the
property interest taken, in connection with said Parcel.
2. Respondent, BRENDA L. ALLEGAR-KIRKHOFF, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Twenty Thousand Sixty-Four and No/100
Dollars ($20,064.00), for all attorney fees and costs associated with the acquisition of Parcel
206FEE.
3. Respondent, BRENDA L. ALLEGAR-KIRKHOFF, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Two Thousand Five Hundred Six Dollars
and No/100 Dollars ($2,506.00), for all expert fees and costs associated with the acquisition of
Parcel 206FEE, 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 Fifty-Nine Thousand Three
Hundred and No/100 Dollars ($59,300.00), as payment for the acquisition of Parcel 206FEE, 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 Sixty-Five Thousand Seven Hundred Seventy
and No/100 Dollars ($65,770.00), representing the total sum due for the acquisition of Parcel
206FEE, attorney’s fees, costs, and expert fees, by issuing a check to Gray Robinson PA Trust
Account, and mailing the check to Gray Robinson, PA, c/o Summer DeGel, Esq., 301 E. Pine
Street, Suite 1400, Orlando, FL 32801.
6. This Order disposes of all claims arising out of the taking of Parcel 206FEE that
have or could have been asserted in this cause.
16.K.4.a
Packet Pg. 1166 Attachment: P206FEE - joint Motion for Stipulated Final Judgment (21464 : Recommendation to Approve Stipulated Final Judgment for Parcel
[21-CA-701/1701493/1]
7. 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.
8. 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
206FEE.
9. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
10. 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 L. BRODIE
Circuit Court Judge
Exhibit “A”
16.K.4.a
Packet Pg. 1167 Attachment: P206FEE - joint Motion for Stipulated Final Judgment (21464 : Recommendation to Approve Stipulated Final Judgment for Parcel
AERIAL – PARCEL 206FEE
(Vanderbilt Beach Rd. Ext. Project No. 60168)
/
PARCEL 206FEE
16.K.4.b
Packet Pg. 1168 Attachment: AERIAL 206FEE (21464 : Recommendation to Approve Stipulated Final Judgment for Parcel 206FEE Project No. 60168)