Agenda 09/13/2022 Item #16K 6 (Stipulated Final Judgement Parcel 193FEE VBR Project 60168)09/13/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $171,000 plus
$56,340 in statutory attorneys' and experts’ fees and costs, for the taking of Parcel 193FEE
required for the Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 193FEE 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 193FEE 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 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 by
Robert D. Carter and Madelin Carter, and contains 2.50 acres of gross land area, which has been reduced
to 2.06 acres after the acquisition. An aerial photograph of the subject property is attached. The County’s
appraiser estimated full compensation at $113,700, including severance damages. The property owner’s
initial demand was $318,450, plus attorney’s fees and expert fees and costs. The parties partici pated in
mediation and reached an agreement. The attached Stipulated Final Judgment reflects a negotiated
compensation amount of $171,000, plus $32,340 in statutory attorney’s fees and $24,000 in expert fees
and costs, for a total of $227,340.
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 $98,900 for its deposit of the good faith
estimate of value. Funds for the balance of $128,610, 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. Aerial - Parcel 193FEE (PDF)
2. P193FEE Joint Motion for Stipulated Final Judgment(1) (DOCX)
16.K.6
Packet Pg. 3176
09/13/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Doc ID: 23009
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of
$171,000 plus $56,340 in statutory attorneys' and experts’ fees and costs, for the taking of Parcel 193FEE
required for the Vanderbilt Beach Road Extension Project No. 60168.
Meeting Date: 09/13/2022
Prepared by:
Title: – County Attorney's Office
Name: Madison Bird
08/09/2022 3:35 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
08/09/2022 3:35 PM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 08/09/2022 3:57 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 08/10/2022 10:59 AM
Growth Management Operations Support Tara Castillo Additional Reviewer Completed 08/11/2022 8:53 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 08/15/2022 8:35 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 08/15/2022 9:47 AM
Growth Management Department Jeanne Marcella Transportation Completed 08/16/2022 9:36 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/16/2022 9:38 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/16/2022 2:28 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 08/22/2022 3:32 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/01/2022 6:25 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/13/2022 9:00 AM
16.K.6
Packet Pg. 3177
AERIAL – PARCEL 193FEE
(Vanderbilt Beach Rd. Ext. Project No. 60168)
/
PARCEL 193FEE
16.K.6.a
Packet Pg. 3178 Attachment: Aerial - Parcel 193FEE (23009 : Stipulated Final Judgment for Parcel 193FEE)
[21-CA-558/1731743/1]
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-558
v. Parcel 193FEE
ELAINE BETH HOROWITZ, ET AL
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 193FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, ROBERT D.
CARTER and MADELIN CARTER, by and through undersigned counsel, hereby respectfully
move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel 193FEE
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@colliercountyfl.gov
Sally.Ashkar@colliercountyfl.gov
Sheri.Malcolm@colliercountyfl.gov
/s/ BRIAN A. 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
16.K.6.b
Packet Pg. 3179 Attachment: P193FEE Joint Motion for Stipulated Final Judgment(1) (23009 : Stipulated Final Judgment for Parcel 193FEE)
[21-CA-558/1731743/1]
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.
By: __________________________
SALLY A. ASHKAR, ESQ.
.
16.K.6.b
Packet Pg. 3180 Attachment: P193FEE Joint Motion for Stipulated Final Judgment(1) (23009 : Stipulated Final Judgment for Parcel 193FEE)
[21-CA-558/1731743/1]
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-558
v. Parcel 193FEE
ELAINE BETH HOROWITZ , ET AL
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 193FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, ROBERT D. CARTER AND MADELIN
CARTER, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel
193FEE 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, ROBERT D. CARTER and MADELIN CARTER, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Hundred Seventy-One
Thousand Dollars and No/100 ($171,000.00) for Parcel 193FEE, 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. Respondents, ROBERT D. CARTER and MADELIN CARTER, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Thirty-Two Thousand Three
Hundred Forty Dollars and No/100 ($32,340.00), for all attorney’s fees and costs associated
with the acquisition of Parcel 193FEE, and no other attorney’s fees or costs will be paid in this
matter.
16.K.6.b
Packet Pg. 3181 Attachment: P193FEE Joint Motion for Stipulated Final Judgment(1) (23009 : Stipulated Final Judgment for Parcel 193FEE)
[21-CA-558/1731743/1]
3. Respondents, ROBERT D. CARTER and MADELIN CARTER, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Twenty-Four Thousand Dollars
and No/100 ($24,000.00), for all expert fees and costs associated with the acquisition of Parcel
193FEE, 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 Ninety-Eight Thousand Nine
Hundred and No/100 Dollars ($98,900.00), as payment for the acquisition of Parcel 193FEE, 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 Twenty-Eight Thousand Four
Hundred Forty Dollars and No/100 Dollars ($128,440.00), 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. Petitioner agrees to amend its construction plans lowering Control Structure S-703
to a Grate Elevation of 12.75 feet. The construction plan sheet will be filed with the Court in
conjunction with the Stipulated Final Judgment.
7. This Order disposes of all claims arising out of the taking of Parcel 193FEE 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,
2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
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
193FEE.
16.K.6.b
Packet Pg. 3182 Attachment: P193FEE Joint Motion for Stipulated Final Judgment(1) (23009 : Stipulated Final Judgment for Parcel 193FEE)
[21-CA-558/1731743/1]
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.
_____________________________________
THE HONORABLE JOSEPH G. FOSTER
Circuit Court Judge
Exhibit “A”
16.K.6.b
Packet Pg. 3183 Attachment: P193FEE Joint Motion for Stipulated Final Judgment(1) (23009 : Stipulated Final Judgment for Parcel 193FEE)