Agenda 03/08/2022 Item #16K 6 (Stipulated Final Judgement for 152POND VBR Ext Project)03/08/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $968,000 plus
$139,418.17 in statutory attorney and experts’ fees and costs for the taking of Parcel 152POND
required for the Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 152POND 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 152POND 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 is the entire unimproved parcel, which is approximately 9.68 acres in extent. The parce l
was owned by Patrick Plunkett. An aerial photograph of the subject property is attached. The County’s
date of deposit appraisal concluded to a value of $774,400. The property owner’s initial demand was
$1,210,000 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 $968,000. The proposed settlement is based on a unit value of
$100,000 per acre, which is well within the range of comparable sales relied upon by the County's
appraiser and includes $130,750 in statutory attorney’s fees and $8,668.17 in expert fees and costs, for a
total of $1,107,418.17.
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 $707,000 for its deposit of the good faith
estimate of value. Funds for the balance of $400,418.17 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. - 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. Aerial152POND (PDF)
2. P152POND - Stip Final Judgment (DOCX)
16.K.6
Packet Pg. 1177
03/08/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Doc ID: 21488
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$968,000 plus $139,418.17 in statutory attorney and experts’ fees and costs for the taking of Parcel
152POND 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
02/25/2022 8:54 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
02/25/2022 8:54 AM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 02/25/2022 9:26 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 02/25/2022 9:30 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 02/25/2022 1:24 PM
Growth Management Department Trinity Scott Transportation Completed 02/25/2022 3:58 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 02/28/2022 11:52 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/28/2022 12:45 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/28/2022 2:30 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 03/01/2022 11:00 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 03/01/2022 3:21 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/08/2022 9:00 AM
16.K.6
Packet Pg. 1178
AERIAL 152POND
Folio Number: 36917160007
Name: COLLIER CNTY
Street# & Name:
Build# / Unit#: 112 / 0
Legal Description: GOLDEN GATE EST UNIT 7 TR 112 OR 846 PG 382
16.K.6.a
Packet Pg. 1179 Attachment: Aerial152POND (21488 : Approve a Stipulated Final Judgment for Parcel 152POND Project No. 60168)
[20-CA-3586/1701526/1]
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-3586
v. Parcel 152POND
GERALD W. MCCOLLUM; SYBLE W. MCCOLLUM;
PATRICK PLUNKETT; GRAYSEN P. JOHNSON, II
PERSEPHONE JOHNSON; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC; WELLS FARGO
BANK, NA, SUCCESSOR IN INTEREST TO WACHOVIA
BANK, NA; MOHAN SITLANI, TRUSTEE, SITLANI TRUST
DATED NOVEMBER 7, 2006, AS AMENDED AND RESTATED
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 152POND
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, PATRICK
PLUNKETT, by and through undersigned counsel, hereby respectfully move this Court for the
entry of the foregoing Stipulated Final Judgment as to Parcel 152POND 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.6.b
Packet Pg. 1180 Attachment: P152POND - Stip Final Judgment (21488 : Approve a Stipulated Final Judgment for Parcel 152POND Project No. 60168)
[20-CA-3586/1701526/1]
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
March 2022.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
16.K.6.b
Packet Pg. 1181 Attachment: P152POND - Stip Final Judgment (21488 : Approve a Stipulated Final Judgment for Parcel 152POND Project No. 60168)
[20-CA-3586/1701526/1]
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-3586
v. Parcel 152POND
GERALD W. MCCOLLUM; SYBLE W. MCCOLLUM;
PATRICK PLUNKETT; GRAYSEN P. JOHNSON, II
PERSEPHONE JOHNSON; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC; WELLS FARGO
BANK, NA, SUCCESSOR IN INTEREST TO WACHOVIA
BANK, NA; MOHAN SITLANI, TRUSTEE, SITLANI TRUST
DATED NOVEMBER 7, 2006, AS AMENDED AND RESTATED
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 152POND
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, PATRICK PLUNKETT, by and through
counsel, for the entry of a Stipulated Final Judgment as to Parcel 152POND 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, PATRICK PLUNKETT, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Nine Hundred Sixty-Eight Thousand and No/100
Dollars ($968,000.00) for Parcel 152POND, as full payment for the property interest taken, in
connection with said Parcel.
2. Respondent, PATRICK PLUNKETT, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of One Hundred Thirty Thousand Seven Hundred Fifty
and No/100 Dollars ($130,750.00), for all attorney fees and costs associated with the acquisition
of Parcel 152POND.
16.K.6.b
Packet Pg. 1182 Attachment: P152POND - Stip Final Judgment (21488 : Approve a Stipulated Final Judgment for Parcel 152POND Project No. 60168)
[20-CA-3586/1701526/1]
3. Respondent, PATRICK PLUNKETT, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Eight Thousand Six Hundred Sixty-Eight Dollars and
17/100 Dollars ($8,668.17), for all expert fees and costs associated with the acquisition of Parcel
152POND, 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 Seven Hundred Seven Thousand
and No/100 Dollars ($707,000.00), as payment for the acquisition of Parcel 152POND, at which
time title to said Parcel as described in Exhibit “A” vested in the name of Petitioner COLLIER
COUNTY, FLORIDA.
5. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit in the amount of
Two Thousand Seven Hundred Fifty-Nine and 36/100 Dollars ($2,759.36) for the 2020 tax sale
certificate issued against the property.
6. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Three Hundred Ninety-Seven Thousand Six
Hundred Fifty-Eight and 81/100 Dollars ($397,658.81), representing the total sum due for the
acquisition of Parcel 152POND, attorney’s fees, costs, and expert fees, by issuing and mailing a
check to Hahn Loeser & Parks, LLP, Hahn Loeser & Parks, LLP, 2400 First Street, Suite 300, Fort
Myers, FL 33901.
7. This Order disposes of all claims arising out of the taking of Parcel 152POND that
have or could have been asserted in this cause.
8. 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 11, 2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
9. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5847, Page 3545 of the Public Records of Collier County, Florida be dismissed as to Parcel
152POND.
16.K.6.b
Packet Pg. 1183 Attachment: P152POND - Stip Final Judgment (21488 : Approve a Stipulated Final Judgment for Parcel 152POND Project No. 60168)
[20-CA-3586/1701526/1]
10. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
11. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Exhibit “A”
16.K.6.b
Packet Pg. 1184 Attachment: P152POND - Stip Final Judgment (21488 : Approve a Stipulated Final Judgment for Parcel 152POND Project No. 60168)