Agenda 05/10/2022 Item #16K 7 (Compensation for Taking of Parcel 138FEE Vanderbilt Rd Extension Project # 60168)16. K.7
05/10/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $805,000 plus $122,330
in statutory attorney and experts' fees and costs for the taking of Parcel 138FEE required for the
Vanderbilt Beach Road Extension Project No. 60168.
OBJECTIVE: To settle full compensation for the taking of Parcel 138FEE 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 138FEE 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. Parcel 138FEE
is a full take that includes a house and associated improvements owned by Elaine Phillips. An aerial
photograph of the subject property is attached. The County's date of deposit appraisal concluded to a
value of $615,000. The property owner's initial demand was $999,910 plus attorney's fees and expert fees
and costs. The parties participated in mediation and reached a proposed agreement subject to Board
approval. The attached Stipulated Final Judgment reflects a negotiated compensation amount of $805,000
plus $97,500 in statutory attorney's fees and $24,830 in expert fees and costs for a total of $927,330.
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 $600,000 for its deposit of the good faith
estimate of value. Funds for the balance of $327,330 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 - Parcel 138FEE (PDF)
2. P138FEE Joint Motion for Stipulated Final Judgment(1) (DOCX)
Packet Pg. 1023
16. K.7
05/10/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.7
Doe ID: 22112
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$805,000 plus $122,330 in statutory attorney and experts' fees and costs for the taking of Parcel 138FEE
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 1:27 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
05/02/2022 1:27 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 1:36 PM
Additional Reviewer
Completed
Completed
05/02/2022 2:13 PM
Completed
05/02/2022 2:19 PM
Completed
05/02/2022 2:23 PM
Completed
05/02/2022 2:29 PM
Completed
05/02/2022 2:53 PM
Completed
05/03/2022 10:29 AM
Completed
05/04/2022 7:57 AM
05/10/2022 9:00 AM
Packet Pg. 1024
AERIAL - PARCEL 138FEE
VANDERBILT BEACH RD EXT PROJECT 60168
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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-558
Parcel 138FEE
ELAINE BETH HOROWITZ F/K/A ELAINE B. PHILLIPS;
SUNCOAST CREDIT UNION; JOSEFA DELVALLE; PEDRO
MAYDEL GARCIA; ALL FLATBED TRANSPORT, LLC;
FEDERAL HOME LOAN MORTGAGE CORPORATION,
AS TRUSTEE FOR THE BENEFIT OF THE FREDDIE MAC
SEASONED LOANS STRUCTURED TRANSACTION TRUST,
SERIES 2019-2; WILLIAM BERT LECUYER, JR; FELIZITAS G.
LECUYER; U.S_ BANK NATIONAL ASSOCIATION, NOT IN ITS
INDIVIDUAL CAPACITY BUT SOLELY AS INDENTURE TRUSTEE
FOR THE HOLDERS OF THE CIM TRUST 2020-R2, MORTGAGE -BACKED
NOTES, SERIES 2020-R2; ROBERT D. CARTER; MADELIN CARTER;
CHRISTOPHER F. SLAB YPAMELA L.
SLABY, JP MORGAN CHASE BANK SUCCESSOR IN A CQ UISITION
TO WASHINGTONMUTUAL BANK, SUCCESSOR ININTEREST
TO HOMESIDE LENDING, SUCCESSOR BY MERGER WITH BARNET
MORTGAGE COMPANY
Respondents.
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 138FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, ELAINE BETH
HOROWITZ F/K/A ELAINE B. PHILLIPS, by and through undersigned counsel, hereby
respectfully move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel
138FEE attached hereto as Exhibit 111".
[21-ca-558i1717478i11 Packet Pg. 1026
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. Greenegco lliercountyfl. gov
Sheri. Malcolmkcolliercountyfl. 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
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-558/1717478/11 Packet Pg. 1027
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-558
Parcel 138FEE
ELAINE BETH HOROWITZ F/K/A ELAINE B. PHILLIPS;
SUNCOAST CREDIT UNION; JOSEFA DELVALLE; PEDRO
MAYDEL GARCIA; ALL FLATBED TRANSPORT, LLC;
FEDERAL HOME LOAN MORTGAGE CORPORATION,
AS TRUSTEE FOR THE BENEFIT OF THE FREDDIE MAC
SEASONED LOANS STRUCTURED TRANSACTION TRUST,
SERIES 2019-2; WILLIAM BERT LECUYER, JR; FELIZITAS G.
LECUYER; U.S_ BANK NATIONAL ASSOCIATION, NOT IN ITS
INDIVIDUAL CAPACITY BUT SOLELY AS INDENTURE TRUSTEE
FOR THE HOLDERS OF THE CIM TRUST 2020-R2, MORTGAGE -BACKED
NOTES, SERIES 2020-R2; ROBERT D. CARTER; MADELIN CARTER;
CHRISTOPHER F. SLAB YPAMELA L.
SLABY, JP MORGAN CHASE BANK SUCCESSOR IN A CQ UISITION
TO WASHINGTONMUTUAL BANK, SUCCESSOR ININTEREST
TO HOMESIDE LENDING, SUCCESSOR BY MERGER WITH BARNET
MORTGAGE COMPANY
Respondents.
STIPULATED FINAL JUDGMENT AS TO PARCEL 138FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, ELAINE BETH HOROWITZ F/K/A
ELAINE B. PHILLIPS, by and through counsel, for the entry of a Stipulated Final Judgment as to
Parcel 138FEE 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, ELAINE BETH HOROWITZ F/K/A ELAINE B. PHILLIPS, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Eight Hundred Five
Thousand Dollars and No/100 ($805,000.00) for Parcel 138FEE, as full payment for the
[21-ca-558i1717478i11 Packet Pg. 1028
property interest taken, including any and all business damages, subject to apportionment, if any,
in connection with said parcel.
2. Respondent, ELAINE BETH HOROWITZ F/K/A ELAINE B. PHILLIPS, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Ninety -Seven
Thousand Five Hundred Dollars and No/100 ($97,500.00), for all attorney's fees and costs
associated with the acquisition of Parcel 138FEE, and no other attorney's fees or costs will be paid
in this matter.
3. Respondents, ELAINE BETH HOROWITZ F/K/A ELAINE B. PHILLIPS, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Twenty -Four
Thousand Eight Hundred Thirty Dollars and No/100 ($24,830.00), for all expert fees and costs
associated with the acquisition of Parcel 138FEE, 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 Thousand Dollars
and No/100 ($600,000.00), as payment for the acquisition of Parcel 138FEE, 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 Three Hundred Twenty -Seven Thousand
Three Hundred Thirty Dollars and No/100 ($327,330.00), by issuing a check payable to
Manson Bolves Donaldson Vam, P.A, Trust Account, and mailing the check to Brian A. Bolves,
Esq., 109 N Brush St Ste 300, Tampa, FL 33602-4167.
6. This Order disposes of all claims arising out of the taking of Parcel 138FEE that
have or could have been asserted in this cause.
[21-ca-558/1717478/11 Packet Pg. 1029
7. 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
May 18, 2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
8. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5900, Page 2682 of the Public Records of Collier County, Florida be dismissed as to Parcel
13 8FEE.
9. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
10. 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 DESCRIPTIDN (PARCEL 138 FEE)
A PORTION OF TRACT 113, GOLDEN GATE ESTATES UNIT 6, AS RECORDED IN PLAT BOOK 4, PAGE 03. OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION I, TOWNSHIP 49 SOUTH. RANGE 28 EAST. COLLIER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
TRACT 113, GOLDEN GATE ESTATES UNIT 6. AS RECORDED IN PLAT BOOK 4. PAGE 93, OF THE �RUB3 0 sA&gORDS OF
COWER COUNTY. FLORIDA. LESS THE WEST 80 FEET OF THE NORTH 110 FEET; ", �,�11Cb8@ f 1
;9 CONTAINING 253,759 SQUARE FEET MORE OR LESS; •�.gTt�iC .
' a
[21-cA-558/1717478/11 Packet Pg. 1030