Agenda 04/12/2022 Item #16K 6 (Stipulated Final Judgement Parcel 1140FEE Project #60168)04/12/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $145,000 plus
$36,961.42 in statutory attorney fees, apportionment fees, experts’ fees and costs, for the taking of
Parcel 1140FEE required for the Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1140FEE 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 1140FEE 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 t he property and is
approximately .38 acres in extent. The parent tract is improved with a single-family home and associated
site improvements owned by Louis Visconti and Suzanne Visconti and contains 2.5 acres of gross land
area, which has been reduced to 2.12 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 $110,400 including
severance damages. The property owner’s initial demand was $216,200 plus attor ney’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
$145,000 plus $29,997 in statutory attorney’s fees, $473.50 in apportionment fees, and $6,490.92 in expert
fees and costs for a total of $181,961.42.
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 $85,200 for its deposit of the good faith
estimate of value. Funds for the balance of $96,931.42, including the $170 Clerk’s deposit fee, are
available in the Vanderbilt Beach Road Extension Project, 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. Aerial 1140FEE (PDF)
2. P1140FEE Joint Motion for Stipulated Final Judgment (DOCX)
16.K.6
Packet Pg. 1906
04/12/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Doc ID: 21794
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$145,000 plus $36,961.42 in statutory attorney fees, apportionment fees, experts’ fees and costs, for the
taking of Parcel 1140FEE 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
03/29/2022 3:53 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/29/2022 3:53 PM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 03/29/2022 4:05 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 03/29/2022 4:06 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 03/29/2022 4:15 PM
Growth Management Department Jeanne Marcella Transportation Completed 03/29/2022 4:25 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 03/30/2022 1:13 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/30/2022 1:20 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/30/2022 2:32 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 04/01/2022 10:35 AM
County Manager's Office Mark Isackson Level 4 County Manager Review Completed 04/04/2022 10:14 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/12/2022 9:00 AM
16.K.6
Packet Pg. 1907
Vanderbilt Beach Road Extension
Project 60168‐Parcel 1140FEE
/
PARCEL 1140FEE
16.K.6.a
Packet Pg. 1908 Attachment: Aerial 1140FEE (21794 : Approve a Stipulated Final Judgment for Parcel 1140FEE)
[20-CA-3708/1709386/1]
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-3708
v. Parcel 1140FEE
LAUREL D. RAUSCH; GENE O. KRUPP; RENEE
L. KRUPP; REBECCA L. KRUPP; KAREN J. FOOTE;
CAROL KRUPP-JUDKINS; GATOR INVESTMENT
OF SW FLA, INC; GATOR HOME CONSTRUCTION, INC;
LOUIS JOSEPH VISCONTI AND SUZANNE M. VISCONTI,
TRUSTEES OF THE LOUIS JOSEPH VISCONTI AND
SUZANNE M. VISCONTI REVOCABLE TRUST DATED
APRIL 26, 2013; MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS INC; SANDER LANGEBEEKE; JESSICA MARIE
DALLETT; WELLS FARGO BANK, N.A; TYLER DANE
CLAWSON; ANDREA MARIE CLAWSON; FIFTH THIRD
MORTGAGE CO
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1140FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, LOUIS JOSEPH
VISCONTI AND SUZANNE M. VISCONTI, TRUSTEES OF THE LOUIS JOSEPH VISCONTI
AND SUZANNE M. VISCONTI REVOCABLE TRUST DATED APRIL 26, 2013, by and
through undersigned counsel, hereby respectfully move this Court for the entry of the foregoing
Stipulated Final Judgment as to Parcel 1140FEE 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. 1909 Attachment: P1140FEE Joint Motion for Stipulated Final Judgment (21794 : Approve a Stipulated Final Judgment for Parcel 1140FEE)
[20-CA-3708/1709386/1]
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
April 2022.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
16.K.6.b
Packet Pg. 1910 Attachment: P1140FEE Joint Motion for Stipulated Final Judgment (21794 : Approve a Stipulated Final Judgment for Parcel 1140FEE)
[20-CA-3708/1709386/1]
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-3708
v. Parcel 1140FEE
LAUREL D. RAUSCH; GENE O. KRUPP; RENEE
L. KRUPP; REBECCA L. KRUPP; KAREN J. FOOTE;
CAROL KRUPP-JUDKINS; GATOR INVESTMENT
OF SW FLA, INC; GATOR HOME CONSTRUCTION, INC;
LOUIS JOSEPH VISCONTI AND SUZANNE M. VISCONTI,
TRUSTEES OF THE LOUIS JOSEPH VISCONTI AND
SUZANNE M. VISCONTI REVOCABLE TRUST DATED
APRIL 26, 2013; MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS INC; SANDER LANGEBEEKE; JESSICA MARIE
DALLETT; WELLS FARGO BANK, N.A; TYLER DANE
CLAWSON; ANDREA MARIE CLAWSON; FIFTH THIRD
MORTGAGE CO
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1140FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, LOUIS JOSEPH VISCONTI AND
SUZANNE M. VISCONTI, TRUSTEES OF THE LOUIS JOSEPH VISCONTI AND SUZANNE
M. VISCONTI REVOCABLE TRUST DATED APRIL 26, 2013, by and through counsel, for the
entry of a Stipulated Final Judgment as to Parcel 1140FEE 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 LOUIS JOSEPH VISCONTI AND SUZANNE M. VISCONTI,
TRUSTEES OF THE LOUIS JOSEPH VISCONTI AND SUZANNE M. VISCONTI
REVOCABLE TRUST DATED APRIL 26, 2013, shall recover from Petitioner, COLLIER
16.K.6.b
Packet Pg. 1911 Attachment: P1140FEE Joint Motion for Stipulated Final Judgment (21794 : Approve a Stipulated Final Judgment for Parcel 1140FEE)
[20-CA-3708/1709386/1]
COUNTY, FLORIDA, the total sum of One Hundred Forty-Five Thousand and No/100
Dollars ($145,000.00) for Parcel 1140FEE, as full payment for the property interest taken, in
connection with said Parcel.
2. Respondent, LOUIS JOSEPH VISCONTI AND SUZANNE M. VISCONTI,
TRUSTEES OF THE LOUIS JOSEPH VISCONTI AND SUZANNE M. VISCONTI
REVOCABLE TRUST DATED APRIL 26, 2013, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the sum of Twenty-Nine Thousand Nine Hundred Ninety-Seven and
No/100 Dollars ($29,997.00), for all attorney fees and costs associated with the acquisition of
Parcel 1140FEE, plus supplemental attorney’s fees and costs in the amount of Four Hundred
Seventy-Three Dollars and 50/100 ($473.50).
3. Respondent, LOUIS JOSEPH VISCONTI AND SUZANNE M. VISCONTI,
TRUSTEES OF THE LOUIS JOSEPH VISCONTI AND SUZANNE M. VISCONTI
REVOCABLE TRUST DATED APRIL 26, 2013, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Six Thousand Four Hundred Ninety Dollars and 92/100
Dollars ($6,490.92), for all expert fees and costs associated with the acquisition of Parcel
1140FEE, 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-Five Thousand Two
Hundred and No/100 Dollars ($85,200.00), as payment for the acquisition of Parcel 1140FEE,
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 Ninety-Six Thousand Seven Hundred Sixty-
One and 42/100 Dollars ($96,761.42), representing the total sum due for the acquisition of Parcel
1140FEE, attorney’s fees, costs, and expert fees, by issuing a check made payable to Hahn Loeser
16.K.6.b
Packet Pg. 1912 Attachment: P1140FEE Joint Motion for Stipulated Final Judgment (21794 : Approve a Stipulated Final Judgment for Parcel 1140FEE)
[20-CA-3708/1709386/1]
& Parks, LLP, Trust Account, and mailing it to Kenneth A. Jones, Esq., 2400 First Street, Suite
300, Fort Myers, FL 33901.
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. 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.
8. This Order disposes of all claims arising out of the taking of Parcel 1140FEE that
have or could have been asserted in this cause.
9. 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 28, 2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
10. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5849, Page 2372 of the Public Records of Collier County, Florida be dismissed as to Parcel
1140FEE.
11. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
16.K.6.b
Packet Pg. 1913 Attachment: P1140FEE Joint Motion for Stipulated Final Judgment (21794 : Approve a Stipulated Final Judgment for Parcel 1140FEE)
[20-CA-3708/1709386/1]
12. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Exhibit “A”
16.K.6.b
Packet Pg. 1914 Attachment: P1140FEE Joint Motion for Stipulated Final Judgment (21794 : Approve a Stipulated Final Judgment for Parcel 1140FEE)