Agenda 05/10/2022 Item #16K 6 (Compensation for Taking of Parcel 1214FEE Vanderbilt Rd Extension Project #60168)16. K.6
05/10/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $125,500 plus $45,939
in statutory attorney and experts' fees and costs for the taking of Parcel 1214FEE plus an amount
not to exceed $5,000 for statutory supplemental attorneys' fees, required for the Vanderbilt Beach
Road Extension Project No. 60168.
OBJECTIVE: To settle full compensation for the taking of Parcel 1214FEE 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 1214FEE 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 16t'
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 .41 acres in extent. The parent tract is improved with a single-family home and associated
improvements owned by Steven and Amanda Astley 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 date of value appraisal concluded to a value of $85,500. The property owner's initial
demand was $333,690 plus attorney's fees and expert fees and costs. The parties participated in Court
Ordered mediation and reached a proposed agreement subject to Board approval. The attached Stipulated
Final Judgment reflects a negotiated compensation amount of $125,500 plus $24,189 in statutory
attorney's fees, $21,750 in expert fees and costs, and an amount not to exceed $5,000 for supplemental
attorney's if needed, for a total of $176,439.
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 $71,900 for its deposit of the good faith
estimate of value. Funds for the balance of $104,709 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. - 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 1214FEE(PDF)
2. P1214FEE Joint Motion for Stipulated Final Judgment(1) (DOCX)
Packet Pg. 1014
16. K.6
05/10/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Doe ID: 22110
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$125,500 plus $45,939 in statutory attorney and experts' fees and costs for the taking of Parcel 1214FEE
plus an amount not to exceed $5,000 for statutory supplemental attorneys' fees, 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 1:18 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
05/02/2022 1:18 PM
Approved By:
Review:
Growth Management Department
Lisa Taylor
Additional Reviewer
Transportation Engineering
Robert Bosch
Additional Reviewer
Growth Management Operations Support
Tara Castillo
Transportation Engineering
Jay Ahmad
Additional Reviewer
Growth Management Department
Trinity Scott
Transportation
County Attorney's Office
Colleen Greene
Level 2 Attorney Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Office of Management and Budget
Susan Usher
Additional Reviewer
County Manager's Office
Dan Rodriguez
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Completed
05/02/2022 1:29 PM
Completed
05/02/2022 1:31 PM
Additional Reviewer
Completed
Completed
05/02/2022 2:12 PM
Completed
05/02/2022 2:19 PM
Completed
05/02/2022 2:22 PM
Completed
05/02/2022 2:32 PM
Completed
05/02/2022 2:53 PM
Completed
05/03/2022 10:19 AM
Completed
05/03/2022 4:50 PM
05/10/2022 9:00 AM
Packet Pg. 1015
16. K.6.a
VANDERBILT BEACH ROAD EXTENSION
PROJECT 60168- PARCEL 1214FEE
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Packet Pg. 1016
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-674
Parcel 1214FEE
BARBARA F. JONES, AS TRUSTEE OF THE BARBARA
F. JONES TR UST A GREEMENT, DATED NOVEMBER I5, 1995;
RHONDA R. CLARKE; JOHN C. CLARKE; NAVY FEDERAL
CREDIT UNION; UNITED STATES SMALL BUSINESS
ADMINISTRATION; 461 LOTH AVE NE TRUST; NANCY
MCGINNIS, as Trustee; BANK OF AMERICA, N.A.;
SUNCOAST SCHOOLS FEDERAL CREDIT UNION;
STEVEN ASTLEY; AMANDA ASTLEY; MORTGAGE E
ELECTRONIC REGISTRATION SYSTEMS, INC;
Respondents.
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1214FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, STEVEN
ASTLEY AND AMANDA ASTLEY, by and through undersigned counsel, hereby respectfully
move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel 1214FEE
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(ab,colliercountyfl. gov
Sheri.Malcolm&colliercount�fl. gov
Is/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
bbolvesgmansonbolves. com
[21-CA-674/ 1715877/ 1 ]
Packet Pg. 1017
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-674/1715877/1] Packet Pg. 1018
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-674
V. Parcel 1214FEE
BARBARA F. JONES, AS TRUSTEE OF THE BARBARA
F. JONES TR UST A GREEMENT, DATED NOVEMBER 15, 1995;
RHONDA R. CLARKE; JOHN C. CLARKE; NAVY FEDERAL
CREDIT UNION; UNITED STATES SMALL BUSINESS
ADMINISTRATION; 461 LOTH AVE NE TRUST; NANCY
MCGINNIS, as Trustee; BANK OF AMERICA, N.A.;
SUNCOAST SCHOOLS FEDERAL CREDIT UNION;
STEVEN ASTLEY; AMANDA ASTLEY; MORTGAGE E
ELECTRONIC REGISTRATION SYSTEMS, INC;
Respondents.
STIPULATED FINAL JUDGMENT AS TO PARCEL 1214FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, STEVEN ASTLEY AND AMANDA
ASTLEY, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel
1214FEE 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, STEVEN ASTLEY AND AMANDA ASTLEY, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Hundred Twenty -Five
Thousand Five Hundred and No/100 Dollars ($125,500.00) for Parcel 1214FEE, as full
payment for the property interest taken, including any and all business damages, subject to
apportionment, if any, in connection with said parcel.
2. Respondents, STEVEN ASTLEY AND AMANDA ASTLEY, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Twenty -Four Thousand One
[21-cA-674/1715877/1] Packet Pg. 1019
Hundred Eighty -Nine and No/100 Dollars ($24,189.00), for all attorney fees and costs
associated with the acquisition of Parcel 1214FEE. Supplemental attorney's fee in an amount not
to exceed $5,000 may be awarded, in compliance with F.S.73.092.
3. Respondents, STEVEN ASTLEY AND AMANDA ASTLEY, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Twenty -One Thousand Seven
Hundred Fifty Dollars and No/100 Dollars ($21,750.00), for all expert fees and costs associated
with the acquisition of Parcel 1214FEE, 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 -One Thousand Nine
Hundred and No/100 Dollars ($71,900.00), as payment for the acquisition of Parcel 1214FEE,
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 Fifty -Three
Thousand Six Hundred and No/100 Dollars ($53,600.00), as payment for acquisition of Parcel
1214FEE, 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 -Five Thousand Nine Hundred Thirty -
Nine and No/100 Dollars ($45,939.00), 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. Within thirty (30) days from the entry of this Order, the Clerk of Courts shall
disburse from the Court Registry as follows:
[21-ca-674/1715877/1] Packet Pg. 1020
a. The Clerk shall disburse the sum of $84.96 (based on a $0.36 per day for
236 days for Jan. 1, 2021, through August 25, 2021, the date of deposit,) to the Collier
County Tax Collector.
8. 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. Collier County will file the 100% construction
plans with the Court, as they pertain to this parcel.
9. This Order disposes of all claims arising out of the taking of Parcel 1214FEE that
have or could have been asserted in this cause.
10. 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 16,
2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
11. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5905, Page 2161 of the Public Records of Collier County, Florida be dismissed as to Parcel
1214FEE.
12. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
13. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
[21-ca-674/1715877/1] Packet Pg. 1021
16. K.6.b
DONE AND ORDERED in Chambers, Naples, Collier County, Florida, on this day
of 2022.
Exhibit "A"
THE HONORABLE LAUREN BRODIE
Circuit Court Judge
LEGAL DESCRIPTION FOR PARCEL 1214 FEE
A PORTION OF TRACT 55, GOLDEN GATE ESTATES UNIT 17, AS RECORDED IN PLAT $OOK 7, PAGE 5 gF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 27� EASY, 66Ml COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:10
THE NORTH 100 FEET OF THE WEST 1$0 FEET OF SAD TRACT 55,
CONTAINING 18,000 SQUARE FEET, MORE OR LESS.
[21-cA-674/1715877/1] Packet Pg. 1022