Agenda 03/08/2022 Item #16K 8 (Stipulated Final Judgement for 223FEE VBR Ext. Project)03/08/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $106,000 plus $29,328
in statutory attorney and experts’ fees and costs for the taking of Parcel 223FEE required for the
Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 223FEE 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 223FEE 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 0.46 acres in extent. The parent tract is improved with a single-family home and associated
improvements owned by Jimmy B and Sarah Chatham 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 appraiser estimated full compensation at $75,800 including severance damages.
The property owner’s initial demand was $154,400 plus attorney’s fees and expert fees and costs. The
parties participated in mediation and reached an agreement. The attached Stipulated Final Judgment
reflects a negotiated compensation amount of $106,000 plus $20,328 in statutory attorney’s fees and
$9,000 in expert fees and costs, for a total of $135,328.
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 $54,700 for its deposit of the good faith
estimate of value. Funds for the balance of $80,798, which includes the Clerk’s $170.00 deposit fee, 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. - JAB
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. Signed P223FEE - Joint Motion for Final Judgment (DOCX)
2. Aerial 223FEE (PDF)
16.K.8
Packet Pg. 1195
03/08/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.8
Doc ID: 21506
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$106,000 plus $29,328 in statutory attorney and experts’ fees and costs for the taking of Parcel 223FEE
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
03/01/2022 8:53 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/01/2022 8:53 AM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 03/01/2022 8:54 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 03/01/2022 10:31 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 03/01/2022 1:14 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/01/2022 2:04 PM
Growth Management Department Trinity Scott Transportation Completed 03/01/2022 2:22 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/01/2022 2:34 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/01/2022 4:41 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 03/02/2022 10:04 AM
County Manager's Office Mark Isackson Level 4 County Manager Review Completed 03/02/2022 11:51 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/08/2022 9:00 AM
16.K.8
Packet Pg. 1196
[21-CA-645/1702511/1]
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-645
v. Parcel 223FEE
SCOTT RITTER; DEBRA RITTER; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC; JIMMY B. CHATHAM; SARAH
S. CHATHAM; ROXANNE BENITEZ; DAVID JOHN DWYER;
SUSAN DWYER; WELLS FARGO BANK, NA; THE BANCORP BANK;
ALLIED MORTGAGE GROUP, INC; TCF NATIONAL BANK;
JOSE DIAZ; SACHIKO DIAZ; PHH HOME LOANS, LLC,
D/B/A SUNBELT LENDING SERVICES, N/K/A PHH MORTGAGE;
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 223FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, JIMMY B.
CHATHAM AND SARAH CHATHAM, by and through undersigned counsel, hereby respectfully
move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel 223FEE
attached hereto as Exhibit “1”.
___________________________
JENNIFER A. BELPEDIO, ESQ.
Florida Bar No. 186030
Collier County Attorney’s Office
3299 E. Tamiami Tr., Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Jennifer.Belpedio@colliercountyfl.gov
Sheri.Malcolm@colliercountyfl.gov
_/s/ BRENT E. SIMON___
BRENT E. SIMON, ESQ.
Florida Bar No. 511640
5945 Florida Avenue
New Port Richey, FL 34652
Telephone: (727) 847-0311
COUNSEL FOR RESPONDENTS
brent@fullcomp.com
pleadings@fullcomp.com
16.K.8.a
Packet Pg. 1197 Attachment: Signed P223FEE - Joint Motion for Final Judgment (21506 : Approve a Stipulated Final Judgment for Parcel 223FEE, Project No.
[21-CA-645/1702511/1]
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 March
2022.
BY: ____________________________
JENNIFER A. BELPEDIO, ESQ.
16.K.8.a
Packet Pg. 1198 Attachment: Signed P223FEE - Joint Motion for Final Judgment (21506 : Approve a Stipulated Final Judgment for Parcel 223FEE, Project No.
[21-CA-645/1702511/1]
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-645
v. Parcel 223FEE
SCOTT RITTER; DEBRA RITTER; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC; JIMMY B. CHATHAM; SARAH
S. CHATHAM; ROXANNE BENITEZ; DAVID JOHN DWYER;
SUSAN DWYER; WELLS FARGO BANK, NA; THE BANCORP BANK;
ALLIED MORTGAGE GROUP, INC; TCF NATIONAL BANK;
JOSE DIAZ; SACHIKO DIAZ; PHH HOME LOANS, LLC,
D/B/A SUNBELT LENDING SERVICES, N/K/A PHH MORTGAGE;
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 223FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, JIMMY B. CHATHAM AND SARAH
CHATHAM, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel
223FEE 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, JIMMY B. CHATHAM AND SARAH CHATHAM, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Hundred Six Thousand
and No/100 Dollars ($106,000.00) for Parcel 223FEE, as full payment for the property interest
taken, including any and all business damages, in connection with said parcel.
2. Respondents, JIMMY B. CHATHAM AND SARAH CHATHAM, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Twenty Thousand Three
Hundred Twenty-Eight and No/100 Dollars ($20,328.00), for all attorney fees and costs
associated with the acquisition of Parcel 223FEE.
16.K.8.a
Packet Pg. 1199 Attachment: Signed P223FEE - Joint Motion for Final Judgment (21506 : Approve a Stipulated Final Judgment for Parcel 223FEE, Project No.
[21-CA-645/1702511/1]
3. Respondent, JIMMY B. CHATHAM AND SARAH CHATHAM, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Nine Thousand and No/100
Dollars ($9,000.00), for all expert fees and costs associated with the acquisition of Parcel 223FEE,
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-Four Thousand Seven
Hundred and No/100 Dollars ($54,700.00), as payment for the acquisition of Parcel 223FEE, 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 Eighty Thousand Six Hundred Twenty-Eight
and No/100 Dollars ($80,628.00), as payment for acquisition of Parcel 223FEE, including any
and all business damages claims, attorney’s fees, expert fees, and costs, by issuing a check payable
to Brent Simon Law Group Trust Account and mailing the check to Brent Simon Law Group 5945
Florida Avenue, New Port Richey, FL 34652.
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. This Order disposes of all claims arising out of the taking of Parcel 223FEE 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 23, 2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
16.K.8.a
Packet Pg. 1200 Attachment: Signed P223FEE - Joint Motion for Final Judgment (21506 : Approve a Stipulated Final Judgment for Parcel 223FEE, Project No.
[21-CA-645/1702511/1]
9. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5902, Page 3196 of the Public Records of Collier County, Florida be dismissed as to Parcel
223FEE.
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.8.a
Packet Pg. 1201 Attachment: Signed P223FEE - Joint Motion for Final Judgment (21506 : Approve a Stipulated Final Judgment for Parcel 223FEE, Project No.
Vanderbilt Beach Road Extension
Project 60168‐Parcel 223FEE
/
PARCEL 223FEE
16.K.8.b
Packet Pg. 1202 Attachment: Aerial 223FEE (21506 : Approve a Stipulated Final Judgment for Parcel 223FEE, Project No. 60168)