Agenda 04/26/2022 Item #16K10 (Final Judgment for VBR Ext)04/26/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $148,767,
including attorney’s fees and expert fees and costs, for the taking of Parcel 1126FEE required for
the Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1126FEE 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 1126FEE 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 0.41 acres in extent. The parent tract is improved with a single-family home owned by
Constance Ann Bruggeman, and contains 2.73 acres of gross land area, which will be reduced to 2.32
acres after the acquisition. An aerial photograph of the subject property is attached. The County’s
appraiser estimated full compensation at $78,600, including severance damages. The property owner’s
initial demand was $203,355, 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 $148,767, including statutory attorney’s fees and expert fees and costs.
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 $58,500 for its deposit of the good faith
estimate of value. Funds for the balance of $90,437, 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. - SAA
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. P1126FEE Joint Motion for Stipulated Final Judgment(2) (PDF)
2. Aerial 1126FEE (PDF)
16.K.10
Packet Pg. 1634
04/26/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.10
Doc ID: 22001
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of
$148,767, including attorney’s fees and expert fees and costs, for the taking of Parcel 1126FEE required
for the Vanderbilt Beach Road Extension Project No. 60168.
Meeting Date: 04/26/2022
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
04/18/2022 4:07 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
04/18/2022 4:07 PM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 04/18/2022 4:16 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 04/19/2022 6:42 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 04/19/2022 6:57 AM
Growth Management Department Trinity Scott Additional Reviewer Completed 04/19/2022 9:50 AM
Capital Project Planning, Impact Fees, and Program Management Wanda Rodriguez Additional Reviewer Skipped 04/19/2022 10:08 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 04/20/2022 8:13 AM
Office of Management and Budget Geoffrey Willig Level 3 OMB Gatekeeper Review Skipped 04/19/2022 3:33 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/20/2022 8:33 AM
County Manager's Office Mark Isackson Level 4 County Manager Review Completed 04/20/2022 9:49 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/26/2022 9:00 AM
16.K.10
Packet Pg. 1635
[21-CA-660/1711385/1]
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-660
v. Parcel 1126FEE
LUIS GOMEZ; MIDLAND FUNDING LLC; VINAYA
SHARMA; EMILY SCHAEFER; MORTGAGE ELECTONIC
REGISTRATION SYSTEMS, INC; CAP ONE CLTRL
ASSIGNEE OF FIG 2233, LLC; JAMES JUSTIN TOMBLIN;
CENTURY LENDING COMPANY; IAN ORLIKOFF;
STEPHANIE ORLIKOFF; CONSTANCE A. GARY N/K/A
CONSTANCE A. BRUGGEMAN
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1126FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, CONSTANCE
ANN BRUGGEMAN, AS TRUSTEE UNDER THAT CERTAIN GARY FAMILY LAND
TRUST DATED MARCH 18, 2020, by and through undersigned counsel, hereby respectfully
move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel 1126FEE
attached hereto as Exhibit “1”.
CERTIFICATE OF SERVICE
___________________________
SALLY A. ASHKAR, ESQ.
Florida Bar No. 1007665
Collier County Attorney’s Office
3299 E. Tamiami Tr., Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Sally.Ashkar@colliercountyfl.gov
Sheri.Malcolm@colliercountyfl.gov
CHRISTOPHER C. BUCALO
ANDREW P. BRIGHAM, ESQ.
Florida Bar No. 903930
CHRISTOPHER C. BUCALO
Florida Bar No. 1009122
BRIGHAM PROPERTY RIGHTS
LAW FIRM, PLLC
2963 Dupont Avenue, Suite 3
Jacksonville, FL 32217
Phone: 904-730-9001
Fax: 904-733-7633
COUNSEL FOR RESPONDENT
abrigham@propertyrights.com
cbucalo@propertyrights.com
blaing@propertyrights.com
wdixon@propertyrights.com
16.K.10.a
Packet Pg. 1636 Attachment: P1126FEE Joint Motion for Stipulated Final Judgment(2) (22001 : Settlement of Parcel 1126FEE - Vanderbilt Beach Rd. Extension
[21-CA-660/1711385/1]
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: __________________________
SALLY A. ASHKAR, ESQ.
16.K.10.a
Packet Pg. 1637 Attachment: P1126FEE Joint Motion for Stipulated Final Judgment(2) (22001 : Settlement of Parcel 1126FEE - Vanderbilt Beach Rd. Extension
[21-CA-660/1711385/1]
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-660
v. Parcel 1126FEE
LUIS GOMEZ; MIDLAND FUNDING LLC; VINAYA
SHARMA; EMILY SCHAEFER; MORTGAGE ELECTONIC
REGISTRATION SYSTEMS, INC; CAP ONE CLTRL
ASSIGNEE OF FIG 2233, LLC; JAMES JUSTIN TOMBLIN;
CENTURY LENDING COMPANY; IAN ORLIKOFF;
STEPHANIE ORLIKOFF; CONSTANCE A. GARY N/K/A
CONSTANCE A. BRUGGEMAN
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1126FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, CONSTANCE ANN BRUGGEMAN, AS
TRUSTEE UNDER THAT CERTAIN GARY FAMILY LAND TRUST DATED MARCH 18,
2020, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel 1126FEE
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, CONSTANCE ANN BRUGGEMAN, AS TRUSTEE UNDER THAT
CERTAIN GARY FAMILY LAND TRUST DATED MARCH 18, 2020, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Hundred Forty-Eight
Thousand Seven Hundred Sixty-Seven Dollars and No/100 ($148,767.00) for Parcel
1126FEE, as full payment for the property interest taken, including any and all business damages,
all attorney’s fees, expert fees, and costs, in connection with said parcel.
16.K.10.a
Packet Pg. 1638 Attachment: P1126FEE Joint Motion for Stipulated Final Judgment(2) (22001 : Settlement of Parcel 1126FEE - Vanderbilt Beach Rd. Extension
[21-CA-660/1711385/1]
2. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good
faith estimate of value previously deposited in the amount of Fifty-Eight Thousand Five
Hundred and No/100 Dollars ($58,500.00), as payment for the acquisition of Parcel 1126FEE,
at which time title to said parcel as described in Exhibit “A” vested in the name of Petitioner
COLLIER COUNTY, FLORIDA.
3. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Ninety Thousand Two Hundred Sixty-Seven
Dollars and No/100 ($90,267.00), by issuing a check payable to BRIGHAM PROPERTY
RIGHTS LAW FIRM, PLLC, Trust Account, and mailing the check to Brigham Property Rights
Law Firm, c/o Andrew Brigham, Esq., 2963 Dupont Avenue, Suite 3, Jacksonville, FL 32217.
4. This Order disposes of all claims arising out of the taking of Parcel 1126FEE that
have or could have been asserted in this cause.
5. A fee simple taking, being fully described in Exhibit “A” attached hereto and
incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated June 23,
2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
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 (Docket Entry 164). 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. Accordingly, if
the project is not constructed in substantial conformance with the one hundred percent (100%)
construction plans for the project, Respondent shall have the same remedies as would have been
afforded to them had the case been resolved by jury verdict with said plans and specifications
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.10.a
Packet Pg. 1639 Attachment: P1126FEE Joint Motion for Stipulated Final Judgment(2) (22001 : Settlement of Parcel 1126FEE - Vanderbilt Beach Rd. Extension
[21-CA-660/1711385/1]
7. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5904, Page 2825 of the Public Records of Collier County, Florida be dismissed as to Parcel
1126FEE.
8. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
9. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Exhibit “A”
16.K.10.a
Packet Pg. 1640 Attachment: P1126FEE Joint Motion for Stipulated Final Judgment(2) (22001 : Settlement of Parcel 1126FEE - Vanderbilt Beach Rd. Extension
AERIAL – PARCEL 1126FEE
(Vanderbilt Beach Rd. Ext. Project No. 60168)
/
PARCEL 1126FEE
16.K.10.b
Packet Pg. 1641 Attachment: Aerial 1126FEE (22001 : Settlement of Parcel 1126FEE - Vanderbilt Beach Rd. Extension Project No. 60168)