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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 I .1212FEE ' 1214FEE , r� Aft it • Nt- PARCEL 1214FEE WIL • % • 1 411 v — -loth AVE NE W W U_ N 2 a r_ aD r Q 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