Agenda 04/12/2022 Item #16K 5 (Stipulated Final Judgement Parcel 1104FEE Project No. 60168)04/12/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $85,000 plus $15,858 in
statutory attorney fees, experts’ fees, and costs, for the taking of Parcel 1104FEE required for the
Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1104FEE 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 1104FEE 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 .17 acres in extent. The parent tract is improved with a single-family home and associated
site improvements owned by Mery C. Acosta and contains 1.14 acres of gross land area, which will be
reduced to .97 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 $52,000 including severance damages. The
property owner’s initial demand was $127,400 plus attorney’s fees and expert fees and costs. The par ties
participated in informal negotiations and reached an agreement subject to Board approval. The attached
Stipulated Final Judgment reflects a negotiated compensation amount of $85,000 plus $14,058 in statutory
attorney’s fees, and $1,800 in expert fees and costs for a total of $100,858.
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 $45,200 for its deposit of the good faith
estimate of value. Funds for the balance of $55,658, are available in the Vanderbilt Beach Road
Extension Project, 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. Aerial 1104FEE (PDF)
2. P1104FEE Joint Motion Stip Final Judgment(1) (DOCX)
16.K.5
Packet Pg. 1898
04/12/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doc ID: 21764
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$85,000 plus $15,858 in statutory attorney fees, experts’ fees, and costs, for the taking of Parcel 1104FEE
required for the Vanderbilt Beach Road Extension Project No. 60168.
Meeting Date: 04/12/2022
Prepared by:
Title: – County Attorney's Office
Name: Madison Bird
03/24/2022 10:59 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/24/2022 10:59 AM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 03/24/2022 12:39 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 03/24/2022 1:06 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 03/24/2022 1:28 PM
Growth Management Department Trinity Scott Transportation Completed 03/24/2022 2:20 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 03/25/2022 9:25 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/25/2022 9:54 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/25/2022 2:39 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 04/01/2022 10:24 AM
County Manager's Office Mark Isackson Level 4 County Manager Review Completed 04/04/2022 10:01 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/12/2022 9:00 AM
16.K.5
Packet Pg. 1899
Vanderbilt Beach Road Extension
Project 60168-Parcel 1104FEE
/
PARCEL 1104FEE
16.K.5.a
Packet Pg. 1900 Attachment: Aerial 1104FEE (21764 : Approve a Stipulated Final Judgment for Parcel 1104FEE)
[21-CA-309/1706269/1]
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-309
v. Parcel 1104FEE
MERY C. PENA ACOSTA; CROSSCOUNTRY MORTGAGE;
COSME E. PEREZ; ESTELA W. PEREZ; US DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT; MICHAEL TOLEDO;
CHESTER M. PALYS, JR; SONIA H. DIXON; WELLS FARGO
BANK, NA, SUCCESSOR IN INTEREST TO WACHOVIA BANK, NA;
MARIO R. NOLASCO; MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1104FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, MERY C. PENA
ACOSTA, by and through undersigned counsel, hereby respectfully move this Court for the entry
of the foregoing Stipulated Final Judgment as to Parcel 1104FEE attached hereto as Exhibit “1”.
___________________________
COLLEEN M. GREENE, ESQ.
Florida Bar No. 502650
Collier County Attorney’s Office
3299 E. Tamiami Tr., Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Colleen.Greene@colliercountyfl.gov
Sheri.Malcolm@colliercountyfl.gov
_/s/ SUMMER E. DEGEL___
SUMMER E. DEGEL, ESQ.
Florida Bar No. 0106536
KENT L. HIPP, ESQ.
Florida Bar No. 0879630
GRAYROBINSON, P.A.
PO Box 3068
Orlando, FL 32802
Telephone: (407) 843-8880
COUNSEL FOR RESPONDENT
Summer.DeGel@gray-robinson.com
Kent.Hipp@gray-robinson.com
Debbie.Townsend@gray-robinson.com
16.K.5.b
Packet Pg. 1901 Attachment: P1104FEE Joint Motion Stip Final Judgment(1) (21764 : Approve a Stipulated Final Judgment for Parcel 1104FEE)
[21-CA-309/1706269/1]
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 April
2022.
By: ___________________________
Colleen M. Greene, Esq.
16.K.5.b
Packet Pg. 1902 Attachment: P1104FEE Joint Motion Stip Final Judgment(1) (21764 : Approve a Stipulated Final Judgment for Parcel 1104FEE)
[21-CA-309/1706269/1]
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-309
v. Parcel 1104FEE
MERY C. PENA ACOSTA; CROSSCOUNTRY MORTGAGE;
COSME E. PEREZ; ESTELA W. PEREZ; US DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT; MICHAEL TOLEDO;
CHESTER M. PALYS, JR; SONIA H. DIXON; WELLS FARGO
BANK, NA, SUCCESSOR IN INTEREST TO WACHOVIA BANK, NA;
MARIO R. NOLASCO; MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1104FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, MERY C. PENA ACOSTA, by and through
counsel, for the entry of a Stipulated Final Judgment as to Parcel 1104FEE 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, MERY C. PENA ACOSTA, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Eighty-Five Thousand and No/100 Dollars
($85,000.00) for Parcel 1104FEE, as full payment for the property interest taken, including any
and all business damages, in connection with said parcel.
2. Respondent, MERY C. PENA ACOSTA, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Fourteen Thousand Fifty-Eight and No/100 Dollars
($14,058.00), for all attorney fees and costs associated with the acquisition of Parcel 1104FEE.
16.K.5.b
Packet Pg. 1903 Attachment: P1104FEE Joint Motion Stip Final Judgment(1) (21764 : Approve a Stipulated Final Judgment for Parcel 1104FEE)
[21-CA-309/1706269/1]
3. Respondent, MERY C. PENA ACOSTA, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of One Thousand Eight Hundred and No/100 Dollars
($1,800.00), for all expert fees and costs associated with the acquisition of Parcel 1104FEE, 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 Forty-Five Thousand Two
Hundred and No/100 Dollars ($45,200.00), as payment for the acquisition of Parcel 1104FEE,
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 Fifty-Five Thousand Six Hundred Fifty-Eight
and No/100 Dollars ($55,658.00), as payment for acquisition of Parcel 1104FEE, by issuing a
check payable to GrayRobinson Trust Account, and mailing the check to GrayRobinson, P.A., c/o
Summer DeGel, Esq., 301 E. Pine Street, Suite 1400, Orlando, FL 32801.
6. Petitioner will construct the project in substantial conformance with the 100 percent
construction plans for the project, dated 10/16/21, 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. If Petitioner does not construct its project in
accordance with said plans, notwithstanding anything to the contrary, Respondent shall have the
same remedies, including damages, fees, and costs, as would have been afforded to him had the
case been resolved by verdict, with said plans having been made a part of the record at trial.
Central & Southern Florida Flood Control District v. Wye River Farms, Inc., 297 So. 2d 323 (Fla.
4th DCA 1974); cert. denied 310 So. 2d 745 (Fla. 1975).
16.K.5.b
Packet Pg. 1904 Attachment: P1104FEE Joint Motion Stip Final Judgment(1) (21764 : Approve a Stipulated Final Judgment for Parcel 1104FEE)
[21-CA-309/1706269/1]
7. This Order disposes of all claims arising out of the taking of Parcel 1104FEE 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
May 19, 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
5890, Page 933 of the Public Records of Collier County, Florida be dismissed as to Parcel
1104FEE.
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.
DONE AND ORDERED in Chambers, Naples, Collier County, Florida, on this ____ day
of ____________, 2022.
_____________________________________
THE HONORABLE LAUREN L. BRODIE
Circuit Court Judge
Exhibit “A”
16.K.5.b
Packet Pg. 1905 Attachment: P1104FEE Joint Motion Stip Final Judgment(1) (21764 : Approve a Stipulated Final Judgment for Parcel 1104FEE)