Agenda 06/28/2022 Item #16K 3 (Stipulated Final Judgment for VBR Ext.)06/28/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $131,350 plus
$25,924.52 in statutory attorney fees, apportionment fees, and experts’ fees and costs for the taking
of Parcel 273RDUE/TDRE, required for the Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 273RDUE/TDRE 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 273RDUE/TDRE 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 16th Street NE and Massey Street from Vanderbilt Beach Road to south of Mockingbird Drive.
The perpetual, non-exclusive, road right-of-way, drainage, and utility easement (RDUE) and temporary
driveway restoration easement (TDRE) acquisition areas are located along the westerly boundary of the
property and are approximately 0.11 acres in total. The parent tract is improved with a single-family home
and associated site improvements owned by Phenix Paul and Marie Paul and contains 2.34 acres of gross
land area. The property is located 250 feet south of the new signalized intersection of Vanderbilt Beach
Road and Wilson Blvd. An aerial photograph of the subject property is attached. The County’s date of
deposit appraisal concluded to a value of $94,400. The property owner’s initial demand was $180,500
plus attorney’s fees and expert fees and costs. The parties participated in informal negotiations and
reached a proposed agreement subject to Board approval. The attached Stipulated Final Judgment reflects
a negotiated compensation amount of $131,350 plus $18,133.50 in statutory attorney’s fees, $7,037.02 in
expert fees and costs, and $754 in apportionment fees, for a total of $157,274.52.
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 $89,600 for its deposit of the good faith
estimate of value. Funds for the balance of $67,674.52, 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 273RDUE & 273TDRE (PDF)
2. SIGNED P273RDUE TDRE Joint Motion for Stipulated Final Judgment (DOCX)
16.K.3
Packet Pg. 1802
06/28/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 22619
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$131,350 plus $25,924.52 in statutory attorney fees, apportionment fees, and experts’ fees and costs for
the taking of Parcel 273RDUE/TDRE, required for the Vanderbilt Beach Road Extension Project No.
60168.
Meeting Date: 06/28/2022
Prepared by:
Title: – County Attorney's Office
Name: Madison Bird
06/21/2022 2:34 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/21/2022 2:34 PM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 06/21/2022 2:37 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 06/21/2022 3:00 PM
Growth Management Department Jeanne Marcella Transportation Completed 06/21/2022 3:41 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 06/21/2022 3:51 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/21/2022 3:53 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/21/2022 4:29 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 06/22/2022 9:16 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 06/22/2022 1:19 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/28/2022 9:00 AM
16.K.3
Packet Pg. 1803
Vanderbilt Beach Road Extension
Project 60168‐Parcels 273RDUE and 273TDRE
/
PARCEL 273RDUE PARCEL 273TDRE
16.K.3.a
Packet Pg. 1804 Attachment: Aerial 273RDUE & 273TDRE (22619 : Stipulated Final Judgment for Parcel 273RDUE/TDRE)
[21-CA-600/1728095/1]
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-600
v. Parcel 273RDUE/TDRE
RICHARD B. SYLVIA; SUNCOAST CREDIT UNION;
LARAM CONSTRUCTION, INC; PHENIX PAUL; MARIE
CAROLLE PAUL JEAN A/K/A JEAN MARIE CAROLLE PAUL;
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC;
RAMON BETANCOURT; ANNA M. BETANCOURT; MARIA
MAGDELENA HERNANDEZ; ANAELIS BETANCOURT;
JP MORGAN CHASE BANK, NA; ERNESTINA GARCIA
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 273RDUE/TDRE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, PHENIX PAUL
AND MARIE CAROLLE PAUL JEAN A/K/A JEAN MARIE CAROLLE PAUL, by and through
undersigned counsel, hereby respectfully move this Court for the entry of the foregoing Stipulated
Final Judgment as to Parcel 273RDUE/TDRE attached hereto as Exhibit “1”.
____________________________ /s/ KENNETH A. JONES
COLLEEN M. GREENE, ESQ. KENNETH A. JONES, ESQ
Florida Bar No. 502650 Florida Bar No. 200158
Collier County Attorney’s Office Hahn Loeser & Parks, LLP
3299 E. Tamimi Trail, Suite 800 2400 First Street, Suite 300
Naples, FL 34112 Fort Myers, FL 33901-2904
Telephone: (239) 252-8400 Telephone: (239) 337-6727
COUNSEL FOR PETITIONER COUNSEL FOR RESPONDENT(S)
Colleen.Greene@colliercountyfl.gov kjones@hahnlaw.com
Sheri.Malcolm@colliercountyfl.gov jstone@hahnlaw.com
16.K.3.b
Packet Pg. 1805 Attachment: SIGNED P273RDUE TDRE Joint Motion for Stipulated Final Judgment (22619 : Stipulated Final Judgment for Parcel
[21-CA-600/1728095/1]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated Final
Judgment was electronically filed with the Florida Courts E-Filing Portal on this _____ day of
________ 2022.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
16.K.3.b
Packet Pg. 1806 Attachment: SIGNED P273RDUE TDRE Joint Motion for Stipulated Final Judgment (22619 : Stipulated Final Judgment for Parcel
[21-CA-600/1728095/1]
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-600
v. Parcel 273RDUE/TDRE
RICHARD B. SYLVIA; SUNCOAST CREDIT UNION;
LARAM CONSTRUCTION, INC; PHENIX PAUL; MARIE
CAROLLE PAUL JEAN A/K/A JEAN MARIE CAROLLE PAUL;
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC;
RAMON BETANCOURT; ANNA M. BETANCOURT; MARIA
MAGDELENA HERNANDEZ; ANAELIS BETANCOURT;
JP MORGAN CHASE BANK, NA; ERNESTINA GARCIA
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 273RDUE/TDRE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, PHENIX PAUL AND MARIE CAROLLE
PAUL JEAN A/K/A JEAN MARIE CAROLLE PAUL, by and through counsel, for the entry of
a Stipulated Final Judgment as to Parcel 273RDUE/TDRE 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, PHENIX PAUL AND MARIE CAROLLE PAUL JEAN A/K/A
JEAN MARIE CAROLLE PAUL, shall recover from Petitioner, COLLIER COUNTY,
FLORIDA, the total sum of One Hundred Thirty-One Thousand Three Hundred Fifty
Dollars and No/100 ($131,350.00) for Parcel 273RDUE/TDRE, as full payment for the property
interest taken, in connection with said Parcel.
2. Respondent, PHENIX PAUL AND MARIE CAROLLE PAUL JEAN A/K/A
JEAN MARIE CAROLLE PAUL, shall recover from Petitioner, COLLIER COUNTY,
16.K.3.b
Packet Pg. 1807 Attachment: SIGNED P273RDUE TDRE Joint Motion for Stipulated Final Judgment (22619 : Stipulated Final Judgment for Parcel
[21-CA-600/1728095/1]
FLORIDA, the total sum of Eighteen Thousand One Hundred Thirty-Three Dollars and
50/100 ($18,133.50), for all attorney fees and costs associated with the acquisition of Parcel
273RDUE/TDRE.
3. Respondent, PHENIX PAUL AND MARIE CAROLLE PAUL JEAN A/K/A
JEAN MARIE CAROLLE PAUL, shall recover from Petitioner, COLLIER COUNTY,
FLORIDA, the total sum of Seven Hundred Fifty-Four Dollars and No/100 ($754.00) in
supplemental attorney’s fees and costs associated with the acquisition of Parcel
273RDUE/TDRE.
4. Respondent, PHENIX PAUL AND MARIE CAROLLE PAUL JEAN A/K/A
JEAN MARIE CAROLLE PAUL, shall recover from Petitioner, COLLIER COUNTY,
FLORIDA, the total sum of Seven Thousand Thirty-Seven Dollars and 02/100 ($7,037.02), for
all expert fees and costs associated with the acquisition of Parcel 273RDUE/TDRE, and no other
expert fees or costs shall be paid in this matter.
5. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good
faith estimate of value previously deposited in the amount of Eighty-Nine Thousand Six
Hundred Dollars and No/100 ($89,600.00), as payment for the acquisition of Parcel
273RDUE/TDRE, at which time title to said Parcel as described in Exhibit “A” vested in the name
of Petitioner COLLIER COUNTY, FLORIDA.
6. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Sixty-Seven Thousand Six Hundred Seventy-
Four Dollars and 52/100 Dollars ($67,674.52), by issuing a check made payable to Hahn Loeser
& Parks, LLP Trust Account and mailing it to Kenneth Jones, Esq., Hahn Loeser & Parks, LLP,
2400 First Street, Suite 300, Fort Myers, FL 33901.
7. 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.
16.K.3.b
Packet Pg. 1808 Attachment: SIGNED P273RDUE TDRE Joint Motion for Stipulated Final Judgment (22619 : Stipulated Final Judgment for Parcel
[21-CA-600/1728095/1]
8. This Order disposes of all claims arising out of the taking of Parcel
273RDUE/TDRE that have or could have been asserted in this cause.
9. A perpetual non-exclusive road right-of-way, drainage and utility easement, and a
temporary driveway restoration easement, being fully described in composite Exhibit “A”
attached hereto and incorporated herein, which vested in Petitioner pursuant to the Stipulated
Order of Taking dated August 13, 2021, and the deposit of money heretofore made, is approved,
ratified, and confirmed.
10. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5902, Page 3252 of the Public Records of Collier County, Florida be dismissed as to Parcel
273RDUE/TDRE.
11. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
12. 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 LAUREN BRODIE
Circuit Court Judge
Composite Exhibit “A”
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Packet Pg. 1809 Attachment: SIGNED P273RDUE TDRE Joint Motion for Stipulated Final Judgment (22619 : Stipulated Final Judgment for Parcel
[21-CA-600/1728095/1]
16.K.3.b
Packet Pg. 1810 Attachment: SIGNED P273RDUE TDRE Joint Motion for Stipulated Final Judgment (22619 : Stipulated Final Judgment for Parcel