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Agenda 05/10/2022 Item #16K 5 (Compensation for Taking of Parcels for Vanderbilt Rd Extension Project No. 60168 )16. K.5 05/10/2022 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment in the total amount of $1,500,000 plus $246,075 in statutory attorney and experts' fees and costs, for the taking of Parcels 113POND, 113TDRE, 129FEE1, 129FEE2 and 327FEE, required for the Vanderbilt Beach Road Extension Project No. 60168. OBJECTIVE: To settle full compensation for the taking of Parcels 113POND, 113TDRE, 129FEE1, 129FEE2 and 327FEE 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 Parcels 113POND, 113TDRE, 129FEE1, 129FEE2 and 327FEE 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 16' Street NE and Massey Street from Vanderbilt Beach Road to south of Mockingbird Drive. The parent tract is owned by Gerald W. McCollum and Syble W. McCollum and consists of three contiguous parcels of land containing a total area of 56.36 acres, which will be reduced to 50.33 acres after the acquisition. The fee simple acquisition areas (Parcels 113POND, 129FEE1, 129FEE2 and 327FEE) consist of takings along the southerly and westerly boundaries of the property and total approximately 6.04 acres in extent. The temporary driveway restoration easement (Parcel 113TDRE) is located on the westerly side of the property and is approximately 0.05 acres in extent. An aerial photograph of the subject property depicting the approximate location of the parcels taken is attached. The County's appraiser estimated full compensation at $1,272,600. The property owner's initial demand was $2,072,800 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 $1,500,000, plus $198,075 in statutory attorney's fees and $48,000 in expert fees and costs, for a total of $1,746,075. The reason for these appraisal and settlement figures is three -fold: (1) The size and location of the property. The property is very large, consisting of 50.33 acres after the acquisition, and has a favorable location close to Collier Blvd. (SR 951) with frontage on both Vanderbilt Beach Rd and Massey St. It is the last property of its size on Vanderbilt Beach Rd., west of Everglades Blvd.; (2) The potential for the property. Appraisers are required by Florida law to estimate full compensation based upon the highest and best use of the property. The County's appraiser agreed that the highest and best use of this property is a residential or commercial development; and (3) Executed offer to purchase the property. The property owners presented the County with a duly executed letter of intent with a national developer, who has operated in Collier County for many years, proposing to develop a residential community of at least 130 single-family homes on the property. The agreement far exceeded the price -per -acre of the County's appraisal and would be admissible at trial. 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 $799,600 for its deposit of the good faith estimate of value. Funds for the balance of $946,645, which includes the Clerk's $170.00 deposit fee, are available in the Vanderbilt Beach Road Extension Project Capital Fund, Project 60168. The primary Packet Pg. 995 16. K.5 05/10/2022 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. Cei:Z1111AM:1uElleff i11uIDiem rlUIW.TomI ern i - 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 Maps - McCollum Parcels - 113POND, etc. (PDF) 2.20-CA-3586 (DOCX) 3.21-ca-658 and 21-ca-314 (DOCX) Packet Pg. 996 16. K.5 05/10/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.5 Doe ID: 22108 Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of $1,500,000 plus $246,075 in statutory attorney and experts' fees and costs, for the taking of Parcels 113POND, 113TDRE, 129FEE1, 129FEE2 and 327FEE, 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 05/02/2022 11:44 AM Submitted by: Title: County Attorney — County Attorney's Office Name: Jeffrey A. Klatzkow 05/02/2022 11:44 AM Approved By: Review: Transportation Engineering Robert Bosch Additional Reviewer Transportation Engineering Jay Ahmad Additional Reviewer Growth Management Department Lisa Taylor Additional Reviewer Growth Management Operations Support Tara Castillo Growth Management Department Trinity Scott Transportation County Attorney's Office Sally Ashkar Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Office of Management and Budget Susan Usher Additional Reviewer County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review County Manager's Office Dan Rodriguez Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 05/02/2022 12:10 PM Completed 05/02/2022 12:31 PM Completed 05/02/2022 1:29 PM Additional Reviewer Completed Completed 05/02/2022 2:18 PM Completed 05/02/2022 4:52 PM Completed 05/03/2022 8:16 AM Completed 05/03/2022 10:44 AM Completed 05/03/2022 11:18 AM Completed 05/03/2022 4:48 PM 05/10/2022 9:00 AM Packet Pg. 997 leuid pe4eindi4g a anojddV : 80LZZ) 'owaNOdM - slaoaed wnlioOoW - sdeW jep9v :;uawLjae;;y LLI w LL. r N M ad N w w LL co rn m N � � O O W O LWL Z H °1 U LLI n o a M O t--w`A- iBs shop ��� _ — -� a •r s .tr •� .:. :� _ � I 0. �• � s N �f � L 9 r • �'• 04 N ' �� t � ►�.�a`� t,� art .� � _ E • d V� {.rM- • 40 asj.' s ('w R N 0 LU LLI O h LLI ~ • J ty LLI L) y M 'rLLI CL ALk IL ONES- � �� W �~ •K•4:i f� 1 ui 4 r • � u.. eagle WAY- - ilm'. _ 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-3586 V. Parcels 129FEE1 and 129FEE2 GERALD W. MCCOLLUM; SYBLE W. MCCOLLUM; PATRICK PLUNKETT; GRAYSEN P. JOHNSON, II PERSEPHONE JOHNSON, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, WELLS FARGO BANK, NA, SUCCESSOR IN INTEREST TO WACHOVIA BANK, NA; MOHAN SITLANI, TRUSTEE, SITLANI TRUST DATED NOVEMBER 7, 2006, AS AMENDED AND RESTATED Respondents. JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO PARCELS 129FEE1 and 129FEE2 * Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, GERALD W. MCCOLLUM AND SYBLE W. MCCOLLUM, by and through undersigned counsel, hereby respectfully move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcels 129FEE1 and 129FEE2 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. Greenekcolliercountyfl. gov Sheri.Malcolm(kcolliercountfl.gov Al CHARLES R. FORMAN C14ARLES R. FORMAN, ESQ. Florida Bar No. 229253 1301 NE 14a' Street Ocala, Florida 34470 Tele. (352) 732-3915 COUNSEL FOR RESPONDENTS crforman(a-,hotmail. com SHarriskformanthomaslaw.com * This joint motion is the result of a settlement agreement for cases 20-CA-3586 (Parcels 129FEE1 and 129FEE2); 21-CA-314 (Parcel 327FEE); and 21-CA-658 (Parcel 113POND/TDRE). The total compensation for these parcels is $1,500,000.00 to Respondents McCollum; $198,075.00 in attorney's fees; and $48,000.00 in expert fees. For filing purposes only, the amounts were divided per case. M N W W a_ CD N T- W W a_ CD N T ui 0 F- M T T Packet Pg. 999 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 2022. II COLLEEN M. GREENE, ESQ * This joint motion is the result of a settlement agreement for cases 20-CA-3586 (Parcels 129FEE1 and 129FEE2); 21-CA-314 (Parcel 327FEE); and 21-CA-658 (Parcel 113POND/TDRE). The total compensation for these parcels is $1,500,000.00 to Respondents McCollum; $198,075.00 in attorney's fees; and $48,000.00 in expert fees. For filing purposes only, the amounts were divided per case. M N LU LU LL CD N T- LU LU LL CD N T LLI o: 0 F- M T T Packet Pg. 1000 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-3586 V. Parcels 129FEE1 and 129FEE2 GERALD W. MCCOLLUM; SYBLE W. MCCOLLUM; PATRICK PLUNKETT; GRAYSEN P. JOHNSON, II PERSEPHONE JOHNSON, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, WELLS FARGO BANK, NA, SUCCESSOR IN INTEREST TO WACHOVIA BANK, NA; MOHAN SITLANI, TRUSTEE, SITLANI TRUST DATED NOVEMBER 7, 2006, AS AMENDED AND RESTATED Respondents. STIPULATED FINAL JUDGMENT AS TO PARCELS 129FEE1 and 129FEE2* THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, and Respondents, GERALD W. MCCOLLUM AND SYBLE W. MCCOLLUM, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcels 129FEE1 and 129FEE2 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: Respondents, GERALD W. MCCOLLUM AND SYBLE W. MCCOLLUM, shall 00 LO recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Five Hundred T Thousand and No/100 Dollars ($500,000.00) for Parcels 129FEE 1 and 129FEE2, as full N c payment for the property interest taken, including any and all business damages, in connection z with said parcel. a * This joint motion is the result of a settlement agreement for cases 20-CA-3586 (Parcels 129FEE1 and 129FEE2); 21-CA-314 (Parcel 327FEE); and 21-CA-658 (Parcel 113POND/TDRE). The total compensation for these parcels is $1,500,000.00 to Respondents McCollum; $198,075.00 in attorney's fees; and $48,000.00 in expert fees. For filing purposes only, the amounts were divided per case. Packet Pg. 1001 2. Respondents, GERALD W. MCCOLLUM AND SYBLE W. MCCOLLUM, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Sixty -Six Thousand Twenty -Five and No/100 Dollars ($66,025.00), for all attorney fees and costs associated with the acquisition of Parcels 129FEE 1 and 129FEE2. No other attorney's fees or costs will be paid in this matter. 3. Respondents, GERALD W. MCCOLLUM AND SYBLE W. MCCOLLUM, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Sixteen Thousand Dollars and No/100 Dollars ($16,000.00), for all expert fees and costs associated with the acquisition of Parcels 129FEE 1 and 129FEE2, 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 Six Hundred Dollars and No/100 ($72,600.00), as payment for the acquisition of Parcels 129FEE1 and 129FEE2, 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 Five Hundred Nine Thousand Four Hundred Twenty -Five Dollars and No/100 ($509,425.00), as payment for acquisition of Parcels 129FEE1 and 129FEE2, attorney's fees, costs, and expert fees, by issuing a check payable Forman & Thomas Trust Account, and mailing it to Charles R. Forman, Esq., 1301 NE 14t' Street, Ocala, FL 34470. 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 * This joint motion is the result of a settlement agreement for cases 20-CA-3586 (Parcels 129FEE1 and 129FEE2); 21-CA-314 (Parcel 327FEE); and 21-CA-658 (Parcel 113POND/TDRE). The total compensation for these parcels is $1,500,000.00 to Respondents McCollum; $198,075.00 in attorney's fees; and $48,000.00 in expert fees. For filing purposes only, the amounts were divided per case. co 00 LO Cl? Q 0 N r c d E z a Packet Pg. 1002 reference. 7. This Order disposes of all claims arising out of the taking of Parcels 129FEE1 and 129FEE2, 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 11, 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 5847, Page 3545 of the Public Records of Collier County, Florida be dismissed as to Parcels 129FEE 1 and 129FEE2. 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" LEGAL DESCRIPTION (PARCEL 129 FEE1) A PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 38. TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLDER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER Of SAID SECTION 36; THENCE S.8754'51'W., ALONG THE SOUTH LINE OF SAID SECTION 35, FOR 814.91 FEET; THENCE N.0706"I S'K, FOR 59.91 FEET TO A POINT ON A LINE LYING 50 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID SECTION 36 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE S.69'54'28'W.. ALONG SAID PARALLEL LINE. FOR 510.79 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTON M: p THENCE N_0224'19'W., ALONG SAID WEST LINE. FOR 21.90 FEET TO A POINT ON A CURVE; T— THENCE EASTERLY 91,44 FEET ALONG THE ARC OF A W)N—TANGENTIAL CURVE TO THE RIGHT HAVING A RADUS OF 6,035.00 N FEET THROUGH A CENTRAL ANGLE OF 00'52'05' AND BEING SUBTENDED BY A CHORD WHICH BEARS 5.86'29'09"E. FOR 91.44 FEET TO A POINT OF REVERSE CURVATURE; co THENCE EASTERLY 420.76 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 5.965.00 FEET 00 THROUGH A CENTRAL ANGLE OF 04'02'29' AND BEING SUBTENDED BY A CHORD WHICH BEARS S.88'04'21'E. FOR 420.67 FEET; M THENCE S.00'28'32E., FOR 1.31 FEET; THENCE N.90C10'40E., FOR D.DO FEET TO THE POINT OF BEGINNING Of THE PARCEL DESCRIBED HEREIN; V CONTAINING 4,416 SQUARE FEET MORE OR LESS. N BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE. ` tie, , d E t t� c0 a * This joint motion is the result of a settlement agreement for cases 20-CA-3586 (Parcels 129FEE1 and 129FEE2); 21-CA-314 (Parcel 327FEE); and 21-CA-658 (Parcel 113POND/TDRE). The total compensation for these parcels is $1,500,000.00 to Respondents McCollum; $198,075.00 in attorney's fees; and $48,000.00 in expert fees. For filing purposes only, the amounts were divided per case. Packet Pg. 1003 LEGAL DESCRIPTION (PARCEL 129 FEE2) A PORTION SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAJO SECTION 36; THENCE N,02'31'16"W_. ALONG THE EAS7 LINE OF SAID SOUTHWEST QUARTER, FOR 60.05 FEET TO A POINT ON A LINE LYING 60 FEET NORTHERLY OF AND PARALLEL TO THE SOUTH LINE OF SAID SECTION 36, AND THE POT y OF BEGINNING OF THE PARCEL HEREIN DESCRIBED, THENCE S.8754'28"W., ALONG SAID PARALLEL LINE, FOR 51.09 FEET; THENCE N.00'02'54W., FOR 124.02 FEET; THENCE N.89'58'35*E„ FOR 45.74 FEET TO A POINT ON SAID EAST LINE; 0 THENCE S,02'31'16"E., ALONG SAID EAST LINE, FOR 124.08 FEET TO THE POINT OF BEGI3yN�Q$. DESCRIBED HEREIN - CONTAINING `• CONTAINING 6,003 SQUARE FEET, MORE OR LESS. •�, �itSflC�f6) BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE. co 00 LO Cl? a O N C d E t C� c0 a * This joint motion is the result of a settlement agreement for cases 20-CA-3586 (Parcels 129FEE1 and 129FEE2); 21-CA-314 (Parcel 327FEE); and 21-CA-658 (Parcel 113POND/TDRE). The total compensation for these parcels is $1,500,000.00 to Respondents McCollum; $198,075.00 in attorney's fees; and $48,000.00 in expert fees. For filing purposes only, the amounts were divided per case. Packet Pg. 1004 16. K.5.c 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, V. Case No.: 21-CA-658 Parcel 113POND/TDRE DORIS L. BENDER, TRUSTEE OF THE GEORGE BENDER REVOCABLE TRUST AGREEMENT DATED OCTOBER 23, 1997; GERALD W. MCCOLLUM; SYBLE W. MCCOLLUM; RICHARD L. VANDERHORST; LESLIE K. VANDERHORST; DANIEL D. GOTTWALD; PATSY L. GOTTWALD; NEW RESIDENTIAL MORTGAGE, LLC; ROBERT J. GREENLING, JR; SUNCOAST SCHOOLS FEDERAL CREDIT UNION; DISCOVER BANK Respondents. COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, V. Case No.: 21-CA-314 Parcel 327FEE WAYNE MCCOLLUM; SYBLE MCCOLLUM; BENJAMIN GARCIA RAQUEL GARCIA; MARIA GARCIA; JOSE GARCIA; WELLS FARGO BANK SUCCESSOR IN INTEREST TO WACHOVIA BANK, SUCCESSOR IN INTEREST TO WORLD SAVINGS BANK, FSB; GRANT C. BONSER; MARY C. BONSER; CALIBER HOME LOANS; ALPHA FOUNDATION SPECIALISTS, INC; MATTHEW SHANLEY; CNR AIR CONDITIONING, INC; MARIANNE R. ZEITLER; US BANK NATIONAL TRUST ASSOCIATION, NOT IN ITS OFFICIAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR LEGACY MORTGAGE ASSET TRUST 2018-RPL2; MFC INVESTMENTS, LLC Respondents. JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO PARCELS 113POND/TDRE AND 327FEE * Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, GERALD W. * This joint motion is the result of a settlement agreement for cases 20-CA-3586 (Parcels 129FEE1 and 129FEE2); 21-CA-314 (Parcel 327FEE); and 21-CA-658 (Parcel 113POND/TDRE). The total compensation for these parcels is $1,500,000.00 to Respondents McCollum; $198,075.00 in attorney's fees; and $48,000.00 in expert fees. For filing purposes only, the amounts were divided per case. c M N W W LL CD N r r W W LL CD N r L 0 M r r Packet Pg. 1005 16. K.5.c MCCOLLUM AKA WAYNE MCCOLLUM; AND SYBLE W. MCCOLLUM AKA SYBLE MCCOLLUM, by and through undersigned counsel, hereby respectfully move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcels I I3POND/TDRE in case 21-CA- 658, and Parcel 327FEE in case 21-CA-314attached 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. Greenekcolliercountyfl. gov Sheri.Malcohnkcolliercountfl.gov Al CHARLES R. FORMAN CHARLES R. FORMAN, ESQ. Florida Bar No. 229253 1301 NE 14th Street Ocala, Florida 34470 Tele. (352) 732-3915 COUNSEL FOR RESPONDENTS crformankhotmail. com sharriskformanthomaslaw. com 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 2022. M. COLLEEN M. GREENE, ESQ * This joint motion is the result of a settlement agreement for cases 20-CA-3586 (Parcels 129FEE1 and 129FEE2); 21-CA-314 (Parcel 327FEE); and 21-CA-658 (Parcel 113POND/TDRE). The total compensation for these parcels is $1,500,000.00 to Respondents McCollum; $198,075.00 in attorney's fees; and $48,000.00 in expert fees. For filing purposes only, the amounts were divided per case. c M N W W LL CD N T W W LL CD N T W 0 M T Packet Pg. 1006 16. K.5.c 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, V. Case No.: 21-CA-658 Parcel 113POND/TDRE DORIS L. BENDER, TRUSTEE OF THE GEORGE BENDER REVOCABLE TRUST AGREEMENT DATED OCTOBER 23, 1997; GERALD W. MCCOLLUM; SYBLE W. MCCOLLUM; RICHARD L. VANDERHORST; LESLIE K. VANDERHORST; DANIEL D. GOTTWALD; PATSY L. GOTTWALD; NEW RESIDENTIAL MORTGAGE, LLC; ROBERT J. GREENLING, JR; SUNCOAST SCHOOLS FEDERAL CREDIT UNION; DISCOVER BANK Respondents. COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, V. Case No.: 21-CA-314 Parcel 327FEE WAYNE MCCOLLUM; SYBLE MCCOLLUM; BENJAMIN GARCIA RAQUEL GARCIA; MARIA GARCIA; JOSE GARCIA; WELLS FARGO BANK SUCCESSOR IN INTEREST TO WACHOVIA BANK, SUCCESSOR IN INTEREST TO WORLD SAVINGS BANK, FSB; GRANT C. BONSER; MARY C. BONSER; CALIBER HOME LOANS; ALPHA FOUNDATION SPECIALISTS, INC; MATTHEW SHANLEY; CNR AIR CONDITIONING, INC; MARIANNE R. ZEITLER; US BANK NATIONAL TRUST ASSOCIATION, NOT IN ITS OFFICIAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR LEGACY MORTGAGE ASSET TRUST 2018-RPL2; MFC INVESTMENTS, LLC Respondents. * This joint motion is the result of a settlement agreement for cases 20-CA-3586 (Parcels 129FEE1 and 129FEE2); 21-CA-314 (Parcel 327FEE); and 21-CA-658 (Parcel 113POND/TDRE). The total compensation for these parcels is $1,500,000.00 to Respondents McCollum; $198,075.00 in attorney's fees; and $48,000.00 in expert fees. For filing purposes only, the amounts were divided per case. c M N LLI LLI LL CD N r r Lu Lu LL CD N r LLI 0 M r r Packet Pg. 1007 16. K.5.c STIPULATED FINAL JUDGMENT AS TO PARCELS 113POND/TDRE AND 327FEE* THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, and Respondents, GERALD W. MCCOLLUM AKA WAYNE MCCOLLUM; AND SYBLE W. MCCOLLUM AKA SYBLE MCCOLLUM, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcels 113POND/TDRE in case 21- CA-658, and Parcel 327FEE in case 21-CA-314, 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, GERALD W. MCCOLLUM AKA WAYNE MCCOLLUM; AND SYBLE W. MCCOLLUM AKA SYBLE MCCOLLUM, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Five Hundred Thousand and No/100 Dollars ($500,000.00) for Parcel 113POND/TDRE, as full payment for the property interest taken, including any and all business damages, in connection with said parcel. 2. Respondents, GERALD W. MCCOLLUM AND SYBLE W. MCCOLLUM, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Sixty -Six Thousand Twenty -Five and No/100 Dollars ($66,025.00), for all attorney fees and costs associated with the acquisition of Parcel I I3POND/TDRE. No other attorney's fees or costs will be paid in this matter 3. Respondents, GERALD W. MCCOLLUM AND SYBLE W. MCCOLLUM, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Sixteen Thousand Dollars and No/100 Dollars ($16,000.00), for all expert fees and costs associated with the * This joint motion is the result of a settlement agreement for cases 20-CA-3586 (Parcels 129FEE1 and 129FEE2); 21-CA-314 (Parcel 327FEE); and 21-CA-658 (Parcel 113POND/TDRE). The total compensation for these parcels is $1,500,000.00 to Respondents McCollum; $198,075.00 in attorney's fees; and $48,000.00 in expert fees. For filing purposes only, the amounts were divided per case. Packet Pg. 1008 16. K.5.c acquisition of Parcel 113POND/TDRE, 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 Six Hundred Sixty -Four Thousand Two Hundred Dollars and No/100 ($664,200.00), as payment for the acquisition of Parcel I I3POND/TDRE, at which time title to said parcel as described in Exhibit "A" vested in the name of Petitioner COLLIER COUNTY, FLORIDA. 5. At the time of construction of the Vanderbilt Beach Road expansion project, the County shall construct a single-family home residential driveway substantially similar to and in the approximate location of the existing driveway at the southeast corner of Tract C of the Respondents' property (Parcel I I3POND/TDRE). Respondents hereby provide the County with a temporary license and right of entry to access, construct, and complete the driveway. 6. Respondents, GERALD W. MCCOLLUM AKA WAYNE MCCOLLUM; AND SYBLE W. MCCOLLUM AKA SYBLE MCCOLLUM, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Five Hundred Thousand and No/100 Dollars ($500,000.00) for Parcel 327FEE, as full payment for the property interest taken, including any and all business damages, in connection with said parcel. 7. Respondents, GERALD W. MCCOLLUM AND SYBLE W. MCCOLLUM, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Sixty -Six Thousand Twenty -Five and No/100 Dollars ($66,025.00), for all attorney fees and costs associated with the acquisition of Parcel 327FEE. No other attorney's fees or costs will be paid in this matter. 8. Respondents, GERALD W. MCCOLLUM AND SYBLE W. MCCOLLUM, shall * This joint motion is the result of a settlement agreement for cases 20-CA-3586 (Parcels 129FEE1 and 129FEE2); 21-CA-314 (Parcel 327FEE); and 21-CA-658 (Parcel 113POND/TDRE). The total compensation for these parcels is $1,500,000.00 to Respondents McCollum; $198,075.00 in attorney's fees; and $48,000.00 in expert fees. For filing purposes only, the amounts were divided per case. Packet Pg. 1009 16. K.5.c recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Sixteen Thousand r_ N W Dollars and No/100 Dollars ($16,000.00), for all expert fees and costs associated with the � 0 N acquisition of Parcel 327FEE, and no other expert fees or costs shall be paid in this matter. r w w 9. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good a N T faith estimate of value previously deposited in the amount of Sixty -Two Thousand Eight ui 0 Hundred Dollars and No/100 ($62,800.00), as payment for the acquisition of Parcel 327FEE, at T which time title to said parcel as described in Exhibit "A" vested in the name of Petitioner z COLLIER COUNTY, FLORIDA. 10. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER COUNTY, FLORIDA, shall pay the total sum of Four Hundred Thirty -Seven Thousand Fifty Dollars and No/100 ($437,050.00), as payment for acquisition of Parcels 113POND/TDRE and 327FEE, attorney's fees, costs, and expert fees, by issuing a check payable to Forman & Thomas Trust Account, and mailing it to Charles R. Forman, Esq., 1301 NE 14th Street, Ocala, FL 34470. 11. 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. 12. This Order disposes of all claims arising out of the taking of Parcels I I3POND/TDRE and 327FEE that have or could have been asserted in this cause. 13. As to Parcel 113POND/TDRE, a fee simple taking, being fully described in * This joint motion is the result of a settlement agreement for cases 20-CA-3586 (Parcels 129FEE1 and 129FEE2); 21-CA-314 (Parcel 327FEE); and 21-CA-658 (Parcel 113POND/TDRE). The total compensation for these parcels is $1,500,000.00 to Respondents McCollum; $198,075.00 in attorney's fees; and $48,000.00 in expert fees. For filing purposes only, the amounts were divided per case. Packet Pg. 1010 16. K.5.c Composite Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Stipulated Order of Taking dated June 10, 2021, and the deposit of money heretofore made, is approved, ratified, and confirmed. 14. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book 5904, Page 2854 of the Public Records of Collier County, Florida be dismissed as to Parcel 113POND/TDRE. 15. As to Parcel 327FEE, a fee simple taking, being fully described in Exhibit "B" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Stipulated Order of Taking dated June 10, 2021, and the deposit of money heretofore made, is approved, ratified, and confirmed. 16. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book 5890, Page 1044 of the Public Records of Collier County, Florida be dismissed as to Parcel 327FEE. 17. This Court reserves jurisdiction to enforce the terms of this Stipulated Final Judgment. 18. 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 ELIZABETH V. KRIER Circuit Court Judge * This joint motion is the result of a settlement agreement for cases 20-CA-3586 (Parcels 129FEE1 and 129FEE2); 21-CA-314 (Parcel 327FEE); and 21-CA-658 (Parcel 113POND/TDRE). The total compensation for these parcels is $1,500,000.00 to Respondents McCollum; $198,075.00 in attorney's fees; and $48,000.00 in expert fees. For filing purposes only, the amounts were divided per case. Packet Pg. 1011 16. K.5.c Composite Exhibit "A" LEGAL DESCRIPTION (PARCEL 113 POND) A PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36. TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 36; THENCE N.0217'20W., ALONG THE WEST LINE OF SAID SECTION 36, FOR 60.04 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBEO PARCEL; THENCE CONTINUE N.02'17'24'W„ ALCNG THE WEST LINE OF SAID SECTION 36, FOR BOB.97 FEET; THENCE N.89'58'00'E„ FOR 33.43 FEET; THENCE S.02 38'24" E.. FOR 33.14 FEET TO A POINT OF CURVATURE: THENCE SOUTHERLY 82.58 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 1.931.97 FEET THROUGH A CENTRAL ANGLE OF 02'28'57' AND BEING SUBTENDED BY A CHORD WHICH BEARS $.OY51'52'E. FOR 82.58 FEET; THENCE S.O5'03'4O"E., FOR 93.34 FEET TO A POINT ON A CURVE; THENCE SOUTHEASTERLY 32.63 FEET ALONG THE ARC Of A NON-TANGENTAL CURVE TO THE LEFT HAVNG A RADIUS OF 21.99 FEET THROUGH A CENTRAL ANGLE OF 65'00'57" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.4732'28'E. FOR 29.71 FEET TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY 481.42 FEET ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 684.09 FEET THROUGH A CENTRAL ANGLE OF 4719'16" AND BEING SUBTENDED 8Y A CHORD WHICH BEARS S.69'53'19'E. FOR 471.55 FEET TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY 549.72 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFF HAVING A RADIUS OF 780,96 FEET THROUGH A CENTRAL ANGLE OF 40'19'50" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.69'53'35'E. FOR 538.44 FEET TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY 327.64 FEET ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT 14AANG A RADIUS OF 5,951,58 FEET THROUGH A CENTRAL ANGLE OF OY09'15" AND BEING SUBTENDED BY A CHORD WHICH BEARS 5.5B'28'53*E. FOR 327.60 FEET; THENCE S.OZ'24'19'E., FOR 21,94 FEET; THENCE S.8W54'28'W., ALONG THE NORTH LINE OF THE SOUTH 60 FEET OF SAID SECTION 35. FOR 1,323.17 Ft ET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN: CONTAINING 228.953 SQUARE FEET OR 5.26 ACRES. MORE OR LESS. . ► ► ► f ' +' f r BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE. LEGAL DESCRIPTION (PARCEL 113 TORE) A PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF 5ECTION 36. TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 36; THENCE N.02'17'24"W.. ALONG THE WEST LINE OF SAID SECTION 36, FOR 669.01 FEET; THENCE N.8W58'O0'E„ FOR 33.43 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE N.89'59'55"E., FOR 35.04 FEET; THENCE S.02'38'24'E., FOR 31.53 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY 26.04 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT 1,008.31 FEET THROUGH A CENTRAL ANCLE OF 00'49'31' AND BEING SUBTENDED BY A S.03'03'09'E. FOR 26.04 FEET: THENCE S.86'33'4B'W.. FOR 35.00 FEET TO A POINT ON A CURVE,, THENCE NORTHERLY 26.53 FEET ALONG THE ARC OF A NON -TANGENTIAL CURVE TO THE 1,977.UO FEET THROUGH A CENTRAL ANGLE OF 00"46'08" AND BEING SUBTENDED BY A N.03-03'08iV. FOR 26.53 FEET; THENCE N.02'38'24'W., FOR 33.14 FEET TO T14F POINT OF BEGINNING OF THE PARCEL CONTAINING 2,052 SQUARE FEET, MORE OR LESS. HAVING A RADIUS OF CHORD WHICH REARS RIGHT HAVING A RADIUS OF CHORD WHICH BEARS DESCRIBED HEREJN,; k i r i , *This joint motion is the result of a settlement agreement for cases 20-CA-3586 (Parcels 129FEE1 and 129FEE2); 21-CA-314 (Parcel 327FEE); and 21-CA-658 (Parcel 113POND/TDRE). The total compensation for these parcels is $1,500,000.00 to Respondents McCollum; $198,075.00 in attorney's fees; and $48,000.00 in expert fees. For filing purposes only, the amounts were divided per case. c �a N W LU LL 0) N LU LU LL M N T- LU H Cl) Packet Pg. 1012 16. K.5.c Exhibit "B" LEGAL DESCRIPTION (PARCEL 327 FEE) UARTER OF SECTION TOWNSHIPN48FSOUTH,THE QRTH HALF RANGE 25 OF THE EAST, COWERWEST QUARTER OF THE COUNTYFLORIDA. BEING MORSOUTHWEST �QCULARLY DESCRIBED AS FOLLOWS: THE WEST 35 FEET OF THE NORTH HALF OF THE SOUTHWESi QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST. COWER COUNTY, FLORIDA, CONTAINING 23,415 SQUARE FEET. MORE OR LESS. .�•`_y �`��I18E� , ' �'� BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE ,� ti";.••• G', ectlfi�af. •..� * This joint motion is the result of a settlement agreement for cases 20-CA-3586 (Parcels 129FEE1 and 129FEE2); 21-CA-314 (Parcel 327FEE); and 21-CA-658 (Parcel 113POND/TDRE). The total compensation for these parcels is $1,500,000.00 to Respondents McCollum; $198,075.00 in attorney's fees; and $48,000.00 in expert fees. For filing purposes only, the amounts were divided per case. Packet Pg. 1013