Agenda 07/12/2022 Item #16K 4 (Stipulated Final Judgement for the VBR Ext. Project #60168)07/12/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $142,000 plus
$35,552.50 in statutory attorney and experts' fees and costs, for the taking of Parcel 201FEE
required for the Vanderbilt Beach Road Extension Project No. 60168.
OBJECTIVE: To settle full compensation for the taking of Parcel 20IFEE 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 20IFEE 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 fee simple
acquisition area consists of a strip taking along the rear, southerly boundary of the property and is
approximately 0.44 acres in extent. The parent tract is improved with a single-family home owned Kevin
Kimball, and contains 2.50 acres of gross land area, which has been reduced to 2.06 acres following the
acquisition. An aerial photograph of the subject property is attached. The County's appraiser estimated
full compensation at $92,600, including severance damages. The property owner's initial demand was
$267,525, 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
$142,000, plus $19,552.50 in statutory attorney's fees and $16,000 in expert fees and costs, for a total of
$177,552.50.
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 $72,900 for its deposit of the good faith
estimate of value. Funds for the balance of $104,822.50, 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. - 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. P201FEE Joint Motion for Stipulated Final Judgment(2) (DOCX)
2. AERIAL - Parcel 20 1 FEE (PDF)
I Packet Pg. 1925 1
07/12/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doe ID: 22679
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of
$142,000 plus $35,552.50 in statutory attorney and experts' fees and costs, for the taking of Parcel
20 1 FEE required for the Vanderbilt Beach Road Extension Project No. 60168.
Meeting Date: 07/12/2022
Prepared by:
Title: — County Attorney's Office
Name: Madison Bird
06/30/2022 9:20 AM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
06/30/2022 9:20 AM
Approved By:
Review:
Growth Management Department
Lisa Taylor
Additional Reviewer
Growth Management Operations Support
Tara Castillo
Transportation Engineering
Robert Bosch
Additional Reviewer
Transportation Engineering
Anthony Khawaja
Additional Reviewer
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 Managers Office
Amy Patterson
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Completed
06/30/2022 10:37 AM
Additional Reviewer
Completed
Completed
06/30/2022 11:04 AM
Completed
06/30/2022 11:31 AM
Completed
06/30/2022 1:52 PM
Completed
06/30/2022 2:24 PM
Completed
06/30/2022 2:26 PM
Completed
07/01/2022 9:04 AM
Completed
07/01/2022 4:49 PM
Completed
07/05/2022 9:50 AM
07/12/2022 9:00 AM
I Packet Pg. 1926 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,
V.
Case No.: 20-CA-4068
Parcel 20 1 FEE
TRENTON A. COMPTON; ANDREA L. WINDSOR
PHH MORTGAGE CORPORATION SUCCESSOR IN
INTEREST TO OCWEN LOAN SERVICING, LLC; KEVIN KIMBALL
BRIAN WILLIAM MELLON; M. RICHARD MELLON,
INDIVIDUALLY AND AS TRUSTEE OF THE EDWARD AND YETTA
MELLON TRUST AGREEMENT FOR THE BENEFIT OF BRIAN
WILLIAM MELLON; JUNIOR M. SERRANO; FILIBERTO MACIAS, JR;
NANCY MACIAS; BENJAMIN CAMP; JAMIE RABUANO;
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC
Respondents.
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 201FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, KEVIN
KIMBALL, by and through undersigned counsel, hereby respectfully move this Court for the entry
of the foregoing Stipulated Final Judgment as to Parcel 201FEE attached hereto as Exhibit "1"
COLLEEN M. GREENE, ESQ.
Florida Bar No. 502650
SALLY A. ASHKAR
Florida Bar No. 1007665
Collier County Attorney's Office
3299 E. Tamiami Tr., Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Colleen. Greenekcolliercouniyfl. gov
Sally.Ashkar(&,colliercountyfl.gov
Sheri.Malcolmkcolliercountyfl.jzov
IsIBRIANA. 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
bbolveskmansonbolves.com
vdaviskmansonbolves.com
[20-CA-4068/1728427/1 ]
I Packet Pg. 1927 1
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.
SALLY A. ASHKAR, ESQ
[20-CA-4068/1728427/1 ] I Packet Pg. 1928 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,
V.
Case No.: 20-CA-4068
Parcel 20 1 FEE
TRENTON A. COMPTON; ANDREA L. WINDSOR
PHH MORTGAGE CORPORATION SUCCESSOR IN
INTEREST TO OCWEN LOAN SERVICING, LLC; KEVIN KIMBALL
BRIAN WILLIAM MELLON; M. RICHARD MELLON,
INDIVIDUALLY AND AS TRUSTEE OF THE EDWARD AND YETTA
MELLON TRUST AGREEMENT FOR THE BENEFIT OF BRIAN
WILLIAM MELLON; JUNIOR M. SERRANO; FILIBERTO MACIAS, JR;
NANCY MACIAS; BENJAMIN CAMP; JAMIE RABUANO;
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC
Respondents.
STIPULATED FINAL JUDGMENT AS TO PARCEL 20IFEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, KEVIN KIMBALL, by and through counsel,
forthe entry of a Stipulated Final Judgment as to Parcel 20IFEE forProject 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, KEVIN KIMBALL, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of One Hundred Forty -Two Thousand Dollars and
No/100 ($142,000.00) for Parcel 201FEE, 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. Respondent, KEVIN KIMBALL, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Nineteen Thousand Five Hundred Fifty -Two Dollars
[20-CA-4068/1728427/1 ] I Packet Pg. 1929 1
and 501100 ($19,552.50), for all attorney's fees and costs associated with the acquisition of Parcel
20 1 FEE, and no other attorney's fees or costs will be paid in this matter.
3. Respondent, KEVIN KIMBALL, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Sixteen Thousand Dollars and No/100 ($16,000.00), for
all expert fees and costs associated with the acquisition of Parcel 20 1 FEE, 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 Nine
Hundred and No/100 Dollars ($72,900.00), as payment for the acquisition of Parcel 201FEE, 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 One Hundred Four Thousand Six Hundred
Fifty -Two Dollars and 501100 ($104,652.50), 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.
6. This Order disposes of all claims arising out of the taking of Parcel 20IFEE that
have or could have been asserted in this cause.
7. 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 April 21,
202 1, 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
5868, Page 1223 of the Public Records of Collier County, Florida be dismissed as to Parcel
201FEE.
9. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
[20-CA-4068/1728427/1 Packet Pg. 1930
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
I
LEGAL DESCRIPTION (PARCEL 201 FEE) S
A PORTION OF TRACT 46, GOLDEN GATE ESTATES UNIT 19, AS RECORDED IN PLAT BOOK 7. PAGE 75. OF THE
PU13LIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 33. TOWNSHIP 48 SOUTH. RANGE 27 EAST.
COLLIER COUNTY. FLORIDA. BEING MORE PAFrnCULARLY DESCRIBED AS FOLLOWS.
BEGINNINO AT THE SOUTHEAST CORNER OF SAID TRACT 46;
THENCE S.8W31-40-W., ALONG THE SOUTH LINE OF SAID TRACT 46, FOR 164.98 FEET TO A POINT ON THE
WEST LINE OF THE EAST 165 FEET OF SAID TRACT 46:
THENCE N-OV28'42W., ALONG SAID WE:St UNE, FOR 115-27 FEET;
THENCE N.89'31'10'E.. FOR 164.98 FEET TO A POINT ON THE EAST LINE OF SAID TRACT 46; 1 Ch
THENCE S.00*26'42'E.. ALONG SAID EAST LINE, FOR 115.29 FEET TO TtiE POINT OF BE4PNING OF 1"2.
DESCRIBED HEREIN. Gertif,
CONTAINING 19,0 19 SQUARE FEET. MORE OR LESS,
BEARINGS ARE BASED ON STATE PLANE COORDINATES. FLORIDA EAST ZONE.
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[20-CA-4068/1728427/1 ] I Packet Pg. 1931
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