Agenda 07/12/2022 Item #16K 5 (Stipulated Final Judgment for VBR Ext. Project #60168)07/12/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $130,000 plus
$44,420 in statutory attorney and experts' fees and costs, for the taking of Parcel 190FEE required
for the Vanderbilt Beach Road Extension Project No. 60168.
OBJECTIVE: To settle full compensation for the taking of Parcel 190FEE 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 190FEE 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, northerly boundary of the property and is
approximately 0.45 acres in extent. The parent tract is improved with a single-family home owned by
Josefa Delvalle and Pedro Maydel Garcia, and contains 2.73 acres of gross land area, which has been
reduced to 2.28 acres following the acquisition. An aerial photograph of the subject property is attached.
The County's appraiser estimated full compensation at $91,200, including severance damages. The
property owner's initial demand was $214,195, 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 $130,000, plus $24,420 in statutory attorney's fees and $20,000 in
expert fees and costs, for a total of $174,420.
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 $76,600 for its deposit of the good faith
estimate of value. Funds for the balance of $97,990, 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. P 1 90FEE Joint Motion for Stipulated Final Judgment(l) (DOCX)
2. Aerial - Parcel 190FEE (PDF)
I Packet Pg. 1933 1
07/12/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doe ID: 22653
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of
$130,000 plus $44,420 in statutory attorney and experts' fees and costs, for the taking of Parcel 190FEE
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
06/29/2022 8:51 AM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
06/29/2022 8:51 AM
Approved By:
Review:
Growth Management Department
Lisa Taylor
Additional Reviewer
Growth Management Operations Support
Gene Shue
Transportation Engineering
Jay Ahmad
Additional Reviewer
Transportation Engineering
Robert Bosch
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
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Office of Management and Budget
Susan Usher
Additional Reviewer
County Managers Office
Amy Patterson
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Completed
06/29/2022 8:55 AM
Additional Reviewer
Completed
Completed
06/29/2022 9:21 AM
Completed
06/29/2022 9:57 AM
Completed
06/29/2022 10:59 AM
Completed
06/30/2022 9:36 AM
Completed
06/30/2022 9:38 AM
Completed
06/30/2022 1:39 PM
Completed
07/01/2022 9:02 AM
Completed
07/05/2022 9:54 AM
07/12/2022 9:00 AM
I Packet Pg. 1934 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.
ELAINE BETH HOROWITZ, ET AL
Respondents.
Case No.: 2 1 -CA-55 8
Parcel 190FEE
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 190FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, JOSEFA
DELVALLE; PEDRO MAYDEL GARCIA; ALL FLATBED TRANSPORT, LLC, by and
through undersigned counsel, hereby respectfully move this Court for the entry of the foregoing
Stipulated Final Judgment as to Parcel 190FEE 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. Greene(�Dcolliercounjyfl. gov
Sally.Ashkar&colliercouniyfl.jzov
Sheri.Malcolmgcolliercounlyfl.gov
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
bbolves(&,mansonbolves.com
vdavis&mansonbolves.com
[21-CA-558/1728676/11
I Packet Pg. 1935 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
[21-CA-558/1728676/11 I Packet Pg. 1936 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.
ELAINE BETH HOROWITZ, ET AL
Respondents.
Case No.: 2 1 -CA-55 8
Parcel 190FEE
STIPULATED FINAL JUDGMENT AS TO PARCEL 190FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, JOSEFA DELVALLE; PEDRO MAYDEL
GARCIA; ALL FLATBED TRANSPORT, LLC, by and through counsel, for the entry of a
Stipulated Final Judgment as to Parcel 190FEE 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:
I . Respondents, JOSEFA DELVALLE; PEDRO MAYDEL GARCIA; ALL
FLATBED TRANSPORT, LLC, shall recover from Petitioner, COLLIER COUNTY, FLORIDA,
the total sum of One Hundred Thirty Thousand Dollars and No/100 ($130,000.00) for Parcel
190FEE, as full payment for the property interest taken, including any and all business damages,
subject to apportiomnent, if any, in connection with said parcel.
2. Respondents, JOSEFA DELVALLE; PEDRO MAYDEL GARCIA; ALL
FLATBED TRANSPORT, LLC, shall recover from Petitioner, COLLIER COUNTY, FLORIDA,
the total sum of Twenty -Four Thousand Four Hundred Twenty Dollars and No/100
[21-CA-558/1728676/11 I Packet Pg. 1937 1
($24,420.00), for all attorney's fees and costs associated with the acquisition of Parcel 190FEE,
and no other attorney's fees or costs will be paid in this matter.
3. Respondents, JOSEFA DELVALLE; PEDRO MAYDEL GARCIA; ALL
FLATBED TRANSPORT, LLC, shall recover from Petitioner, COLLIER COUNTY, FLORIDA,
the total sum of Twenty Thousand Dollars and No/100 ($20,000.00), for all expert fees and costs
associated with the acquisition of Parcel 190FEE, 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 -Six Thousand Six Hundred
and No/100 Dollars ($76,600.00), as payment for the acquisition of Parcel 190FEE, 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 Four Hundred Dollars and No/100 ($53,400.00), as payment for acquisition of Parcel
190FEE, subject to apportiomnent, if any.
6. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Forty -Four Thousand Four Hundred Twenty -
Dollars and No/100 ($44,420.00), 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. This Order disposes of all claims arising out of the taking of Parcel 190FEE that
have or could have been asserted in this cause.
8. 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 3,
202 1, and the deposit of money heretofore made, is approved, ratified, and confirmed.
[2 1 -CA-558/1728676/11 I Packet Pg. 1938 1
9. 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
190FEE.
10. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
11. 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 DESCRIPTION (PARCEL 190 FEE)
A POfMON OF TRACT 31. GOLDEN CATE ESTATES UNIT 19. AS RECORDED IN PLAT BOOK 7. PAGE 78. OF THE
PUBLIC RECORDS OF COWER COUNTY, FLORIDA LYIN13 IN SECTION 33. TOWNSHIP 48 SOU'TH, RANGE 27 EAST,
COWER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORT14WEST CORNEA OF SAID TRACT 31;
01
THENCE N.8W31'40"E., ALONG THE NORTH LINE OF SAJD TRACT 31, FOR 17g.98 FEE-r T(P qk.OR
EAST LINE OF THE WEST 180 FEET OF SAID IRACT 31:
THENCE S.00'2a'4oE., ALONG SAID EAST LINE, FOR 109.62 FEET,, AJ iA
THENCE S.80'3ViO*W.. FOR 179.98 FEET TO A POINT ON THE WES7 LINE OF S D T CT got) 0
THENCE N.00'28'40'W., ALONG SAID WEST UNE. FOR 109.85 FEET TO THE POtNT OF —BEGINNING g3
PARCEL DESCRIBED HEREIN.
CONTAINING 19,768 SQUARE FEET, MORE OR LESS.
MRINGS ARE RASE0 ON StATE PLAN COORDINATES, FLORDA EAST ZONE, ' .1e �0
[21-CA-558/1728676/11 I Packet Pg. 1939 1
AERIAL — PARCEL 190FEE
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I Packet Pg. 1940