Agenda 07/12/2022 Item #16K 6 (Stipulated Final Judgment for VBR Ext. Project #60168)07/12/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $120,000 plus
$26,270.74 in statutory attorney fees, apportionment fees, experts' fees and costs for the taking of
Parcel 238FEE required for the Vanderbilt Beach Road Extension Project No. 60168.
OBJECTIVE: To settle full compensation for the taking of Parcel 238FEE 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 238FEE 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 th
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 Jose Diaz and Sachiko Diaz and contains 2.5 acres of gross land area, which was
reduced to 2.09 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 $88,600. The property owner's initial demand
was $205,400 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 $120,000 plus $19,371 in statutory attorney's
fees, $167.50 in statutory apportiom-nent attorney's fees, $6,732.24 in expert fees and costs, for a total of
$146,270.74.
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 $74,500 for its deposit of the good faith
estimate of value. Funds for the balance of $71,770.74, 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. P238FEE Joint Motion for Stipulated Final Judgment(2) (DOCX)
2. Aerial - Parcel 238FEE(4) (PDF)
I Packet Pg. 1941 1
07/12/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Doe ID: 22712
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$120,000 plus $26,270.74 in statutory attorney fees, apportionment fees, experts' fees and costs for the
taking of Parcel 238FEE 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
07/05/2022 11:30 AM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
07/05/2022 11:30 AM
Approved By:
Review:
Growth Management Department
Lisa Taylor
Additional Reviewer
Transportation Engineering
Robert Bosch
Additional Reviewer
Transportation Engineering
Jay Ahmad
Additional Reviewer
Growth Management Operations Support
Tara Castillo
Growth Management Department
Jeanne Marcella
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 Managers Office
Dan Rodriguez
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Completed
07/05/2022 12:28 PM
Completed
07/05/2022 12:30 PM
Completed
07/05/2022 12:31 PM
Additional Reviewer
Completed
Completed
07/05/2022 4:34 PM
Completed
07/06/2022 9:04 AM
Completed
07/06/2022 9:14 AM
Completed
07/06/2022 10:19 AM
Completed
07/06/2022 2:10 PM
Completed
07/06/2022 2:36 PM
07/12/2022 9:00 AM
I Packet Pg. 1942 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,
LIM
Case No.: 2 1 -CA-645
Parcel 238FEE
SCOTT RITTER; DEBRA RITTER; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC; JIMMY B. CHATHAM; SARAH
S. CHATHAM; ROXANNE BENITEZ; DAVID JOHN DWYER;
SUSAN DWYER; WELLS FARGO BANK, AA; THE BANCORP BANK;
ALLIED MORTGAGE GROUP, INC, TCF NATIONAL BANK,
JOSE DIAZ; SACHIKO DIAZ; PHH HOME LOANS, LLC,
D/B/A SUNBELT LENDING SERVICES, N/K/A PHH MORTGAGE;
Respondents.
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 238FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, JOSE DIAZ
AND SACHIKO DIAZ, by and through undersigned counsel, hereby respectftilly move this Court
for the entry of the foregoing Stipulated Final Judgment as to Parcel 238FEE attached hereto as
Exhibit "1".
COLLEEN M. GREENE, ESQ.
Florida Bar No. 502650
Collier County Attorney's Office
3299 E. Tamimi Trail, Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Colleen. Greene@colliercountyfl.gov
Sheri.Malcolm@colliercountyfl.gov
Isl KENNETH A. JONES
KENNETH A. JONES, ESQ
Florida Bar No. 200158
Hahn Loeser & Parks, LLP
2400 First Street, Suite 300
Fort Myers, FL 33901-2904
Telephone: (239) 337-6727
COUNSEL FOR RESPONDENT(S)
kjones@hahnlaw.com
jstone@hahnlaw.com
[2 1 -CA-645/173 0069/11 1 Packet Pg. 1943 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.
M.
COLLEEN M. GREENE, ESQ.
[2 1 -CA-645/173 0069/11 1 Packet Pg. 1944 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,
LIM
Case No.: 2 1 -CA-645
Parcel 238FEE
SCOTT RITTER; DEBRA RITTER; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC; JIMMY B. CHATHAM; SARAH
S. CHATHAM; ROXANNE BENITEZ; DAVID JOHN DWYER;
SUSAN DWYER; WELLS FARGO BANK, AA; THE BANCORP BANK;
ALLIED MORTGAGE GROUP, INC, TCF NATIONAL BANK,
JOSE DIAZ; SACHIKO DIAZ; PHH HOME LOANS, LLC,
D/B/A SUNBELT LENDING SERVICES, N/K/A PHH MORTGAGE;
Respondents.
STIPULATED FINAL JUDGMENT AS TO PARCEL 238FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, JOSE DIAZ AND SACHIKO DIAZ, by and
through counsel, for the entry of a Stipulated Final Judgment as to Parcel 238FEE 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, JOSE DIAZ AND SACHIKO DIAZ, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of One Hundred Twenty Thousand Dollars
and No/100 ($120,000.00) for Parcel 238FEE, as full payment for the property interest taken, in
connection with said Parcel.
2. Respondent, JOSE DIAZ AND SACHIKO DIAZ, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Nineteen Thousand Three Hundred
Seventy -One Dollars and No/100 ($19,371.00), for all attorney fees and costs associated with
the acquisition of Parcel 238FEE.
[2 1 -CA-645/1730069/1 ] I Packet Pg. 1945 1
3. Respondent, JOSE DIAZ AND SACHIKO DIAZ, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of One Hundred Sixty -Seven Dollars and
501100 ($167.50) in supplemental attorney's fees and costs associated with the acquisition of
Parcel 238FEE.
4. Respondent, JOSE DIAZ AND SACHIKO DIAZ, shall recover from Petitioner
COLLIER COUNTY, FLORIDA, the total sum of Six Thousand Seven Hundred Thirty -Two
Dollars and 24/100 ($6,732.24), for all expert fees and costs associated with the acquisition of
Parcel 238FEE, 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 Seventy -Four Thousand Five
Hundred Dollars and No/100 ($74,500.00), as payment for the acquisition of Parcel 238FEE, 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 Seventy -One Thousand Seven Hundred
Seventy Dollars and 74/100 Dollars ($71,770.74), 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.
8. This Order disposes of all claims arising out of the taking of Parcel 238FEE that
have or could have been asserted in this cause.
9. 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
June 21, 202 1, and the deposit of money heretofore made, is approved, ratified, and confirmed.
[2 1 -CA-645/173 0069/11 1 Packet Pg. 1946 1
10. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5902, Page 3196 of the Public Records of Collier County, Florida be dismissed as to Parcel
238FEE.
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.
Exhibit "A"
LEGAL DESCRIPTION (PARCEL 238 FEE)
A PORTION OF TRACT 114. GOLDEN GATE ESTATES JN17 19, AS RECORDED IN PLAT BOOK 7. PAGE 715, OF THE
PUBLIC RECORDS OF COULIER COUNTY, FLORIDA. LYING IN SECTION 33. TOWNSHIP 48 SOUTH, RANGE 27 EAST.
COLLIER COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOW&
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 114;
THENCE N.89*31'401- ALONG THE NORTH LINE OF SAID TRACT 114, FOR 164.98 FEET TO A POINT ON THE
EAST LINE OF THE WEST 165 FEET OF SAID TRACT 114; 101R#110110
\Iael A
NY 01 GI T �i
THENCE S.00'28'48'E., ALONG SAID EAST LINE, FOR 109.31 FEET;
THENCE S.89"31'10'W,. FOR 164.98 FEET TO A POINT ON THE WEST LINE OF SAID
THENCE N.o(r28'48'W., ALONG SAID WEST UNE. FOR 109,33 FEET TO THE POI _T114tem
PARCEL DESCRIBED HEREIN.
- CJ
CONTAINING 18.06 SQUARE FEET. MORE OR LESS.
BEARINGS ARE BASED ON STATE PLANE COORDINATES. FLORIDA EAST ZONE. CD A,
Zp
[2 1 -CA-645/173 0069/11 1 Packet Pg. 1947 1
AERIAL - PARCEL 238FEE
VANDERBILT BEACH RD EXT PROJECT 60168
I Packet Pg. 1948