Agenda 05/10/2022 Item #16K 2 (Compensation for Vanderbilt Beach Rd Extension Project 1101FEE)16. K.2
05/10/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $133,000 plus
$47,703 in statutory attorney and experts' fees and costs, for the taking of Parcel 1101FEE required
for the Vanderbilt Beach Road Extension Project No. 60168.
OBJECTIVE: To settle full compensation for the taking of Parcel 1101FEE 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 1101FEE 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 16tn
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 0.38 acres in extent. The parent tract is improved with a single-family home owned by
Ramon and Anna Betancourt and Maria Magdalena Hernandez, and contains 2.5 acres of gross land area,
which will be reduced to 2.12 acres after the acquisition. An aerial photograph of the subject property is
attached. The County's appraiser estimated full compensation at $85,800, including severance damages.
The property owner's initial demand was $383,145, 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 $133,000, plus $26,103 in statutory attorney's fees and
$21,600 in expert fees and costs, for a total of $180,703.
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 $72,200 for its deposit of the good faith
estimate of value. Funds for the balance of $108,673, 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. Aerial Depiction 1101FEE-1103FEE (PDF)
2. P1101FEE Joint Motion for Stipulated Final Judgment(1) (DOCX)
Packet Pg. 974
16. K.2
05/10/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2
Doe ID: 22074
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of
$133,000 plus $47,703 in statutory attorney and experts' fees and costs, for the taking of Parcel 1101FEE
required for the Vanderbilt Beach Road Extension Project No. 60168.
Meeting Date: 05/10/2022
Prepared by:
Title: — County Attorney's Office
Name: Madison Bird
04/29/2022 10:45 AM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
04/29/2022 10:45 AM
Approved By:
Review:
Transportation Engineering
Growth Management Department
Transportation Engineering
Growth Management Department
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Robert Bosch
Additional Reviewer
Lisa Taylor
Additional Reviewer
Jay Ahmad
Additional Reviewer
Trinity Scott
Transportation
Sally Ashkar
Level 2 Attorney Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Susan Usher
Additional Reviewer
Dan Rodriguez
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Completed
05/02/2022 8:58 AM
Completed
05/02/2022 9:25 AM
Completed
05/02/2022 12:32 PM
Completed
05/02/2022 2:18 PM
Completed
05/02/2022 4:34 PM
Completed
05/03/2022 8:27 AM
Completed
05/03/2022 11:22 AM
Completed
05/03/2022 11:51 AM
Completed
05/03/2022 4:14 PM
05/10/2022 9:00 AM
Packet Pg. 975
AERIAL - PARCEL 1101 FEE
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Packet Pg. 976
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-511
V. Parcel 1101 FEE
RAMON BETANCOURT; ANNA M. BETANCOURT;
MARIA MAGDELENA HERNANDEZ; ANAELIS
BETANCOURT; JP MORGAN CHASE BANK, NA;
STEPHEN KWAN MUI; ADELE MUI; BANK OF
AMERICA NA Successor in interest to Countrywide
Home Loans Servicing; LINDA J. RODGERS; SCOTT
MCGILLIS; TRINA MCGILLIS; TLOA OF FLORIDA,
LLC; MONICA HANSON; WELLS FARGO BANK, NA
Respondents.
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1101FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, RAMON
BETANCOURT; ANNA M. BETANCOURT; MARIA MAGDELENA HERNANDEZ;
ANAELIS BETANCOURT, by and through undersigned counsel, hereby respectfully move this
Court for the entry of the foregoing Stipulated Final Judgment as to Parcel 1101FEE 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. Greenegcolliercountyfl. gov
Sheri.Malcolmkcolliercount�fl gov
/s/BRIANA. BOLVES
BRIAN A. BOLVES, ESQ.
Florida Bar No. 367079
Mason Bolves Donaldson Varn, PA
109 N Brush Street, Suite 300
Tampa, FL 33602
Telephone: 813-514-4700
COUNSEL FOR RESPONDENT
bbolves&mansonbolves. com
[21-CA-511 / 1714901/1 ]
Packet Pg. 977
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 May
2022.
M.
COLLEEN M. GREENE, ESQ
[21-ca-511/1714901/1] Packet Pg. 978
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-511
V. Parcel 1101 FEE
RAMON BETANCOURT; ANNA M. BETANCOURT;
MARIA MAGDELENA HERNANDEZ; ANAELIS
BETANCOURT; JP MORGAN CHASE BANK, NA;
STEPHEN KWAN MUI; ADELE MUI; BANK OF
AMERICA NA Successor in interest to Countrywide
Home Loans Servicing; LINDA J. RODGERS; SCOTT
MCGILLIS; TRINA MCGILLIS; TLOA OF FLORIDA,
LLC; MONICA HANSON; WELLS FARGO BANK, NA
Respondents.
STIPULATED FINAL JUDGMENT AS TO PARCEL 1101FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, RAMON BETANCOURT; ANNA M
BETANCOURT; MARIA MAGDELENA HERNANDEZ; ANAELIS BETANCOURT, by and
through counsel, for the entry of a Stipulated Final Judgment as to Parcel 1101FEE 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, RAMON BETANCOURT; ANNA M. BETANCOURT; MARIA
MAGDELENA HERNANDEZ; ANAELIS BETANCOURT, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of One Hundred Thirty -Three Thousand
Dollars and No/100 ($133,000.00) for Parcel 1101FEE, as full payment for the property interest
taken, including any and all business damages, subject to apportionment, if any, in connection
with said parcel.
[21-ca-511/1714901/1] Packet Pg. 979
2. Respondents, RAMON BETANCOURT; ANNA M. BETANCOURT; MARIA
MAGDELENA HERNANDEZ; ANAELIS BETANCOURT, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Twenty -Six Thousand One Hundred Three
Dollars and No/100 ($26,103.00), for all attorney's fees and costs associated with the acquisition
of Parcel 1101FEE, and no other attorney's fees or costs will be paid in this matter.
3. Respondents, RAMON BETANCOURT; ANNA M. BETANCOURT; MARIA
MAGDELENA HERNANDEZ; ANAELIS BETANCOURT, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Twenty -One Thousand Six Hundred Dollars
and No/100 ($21,600.00), for all expert fees and costs associated with the acquisition of Parcel
1101 FEE, 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 Seventy -Two Thousand Two
Hundred and No/100 Dollars ($72,200.00), as payment for the acquisition of Parcel 1101FEE,
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 deposit into the Court Registry the total sum of Sixty Thousand
Eight Hundred Dollars and No/100 Dollars ($60,800.00), as payment for acquisition of Parcel
1101FEE, subject to apportionment, if any.
6. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Forty -Seven Thousand Seven Hundred Three
Dollars and No/100 ($47,703.00), representing the attorney's fees, costs, and expert fees, by
issuing a check payable to Manson Bolves Donaldson Varn, P.A, Trust Account, and mailing the
check to Brian A. Bolves, Esq., 109 N Brush St Ste 300, Tampa, FL 33602-4167.
7. This Order disposes of all claims arising out of the taking of Parcel 1101FEE that
have or could have been asserted in this cause.
[21-ca-511/1714901/1] Packet Pg. 980
8. 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 August 3,
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
5897, Page 2682 of the Public Records of Collier County, Florida be dismissed as to Parcel
1101FEE.
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.
Exhibit "A"
THE HONORABLE ELIZABETH V. KRIER
Circuit Court Judge
LEGAL DESCRIPTION FOR PARCEL 1101 FEE
A PORTION OF TRACT 22, GOLDEN GATE ESTATES UNIT 1 B. AS RECORDED IN PLAT BOOK 7, PAGE
7, OF THE PUBLIC RECORDS OF COWER COUNTY. FLORIDA. LYING IN SECTION 34, TOWNSHIP 48
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE SOUTH 100 FEET OF THE WEST 165 FEET OF SAID TRACT 22. 0aeJ
CONTAINING 15,500 SQUARE FEET, MORE OR LESS_
[21-CA-51v17149ov1] Packet Pg. 981