Agenda 09/13/2022 Item #16K 7 (Stipulated Final Judgement Parcel 326RDUE VBR Project 60168)09/13/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $139,225.24,
including attorneys' fees and experts' fees and costs, for the taking of Parcel 326RDUE required for
the Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 326RDUE 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 326RDUE 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 roadway,
drainage, and utility easement acquisition area consists of an L-shaped taking along the front, westerly
boundary of the property and the side, southerly boundary of the property, and is approximately 1.5 acres
in extent. The parent tract is vacant and owned by Ernestina Garcia, and contains 2.58 acres of gross land
area, which has been reduced to 1.08 usable acres after the acquisition. An aerial photograph of the
subject property is attached. The County’s appraiser estimated full compensation at $106,300, including
severance damages. The property owner’s initial demand was $123,328, plus attorney’s fees and e xpert
fees and costs. The parties participated in informal negotiations and reached an agreement. The attached
Stipulated Final Judgment reflects a negotiated compensation amount of $139,225.24, including statutory
attorney’s fees and expert fees and costs.
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 $96,600 for its deposit of the good faith
estimate of value. Funds for the balance of $42,795.24, 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. Signed P326RDUE Joint Motion for Stipulated Final Judgment (DOCX)
2. Aerial - Parcels 325RDUE & 326RDUE (PDF)
16.K.7
Packet Pg. 3184
09/13/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.7
Doc ID: 23096
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of
$139,225.24, including attorneys' fees and experts' fees and costs, for the taking of Parcel 326RDUE
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
08/16/2022 11:15 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
08/16/2022 11:15 AM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 08/16/2022 2:19 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 08/16/2022 4:20 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 08/17/2022 8:54 AM
Growth Management Operations Support Tara Castillo Additional Reviewer Completed 08/17/2022 4:35 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 08/19/2022 8:36 AM
Growth Management Department Trinity Scott Transportation Completed 08/19/2022 9:07 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/19/2022 11:21 AM
Office of Management and Budget Laura Zautcke Level 3 OMB Gatekeeper Review Completed 08/22/2022 5:27 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 08/23/2022 8:15 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/01/2022 6:24 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/13/2022 9:00 AM
16.K.7
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[21-CA-600/1737429/1]
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 326RDUE
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 326RDUE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, ERNESTINA
GARCIA, by and through undersigned counsel, hereby respectfully move this Court for the entry
of the foregoing Stipulated Final Judgment as to Parcel 326RDUE attached hereto as Exhibit “1”.
____________________________ _/s/ LEEANNE W. GRAZIANI________
COLLEEN M. GREENE, ESQ. LEEANNE W. GRAZIANI, ESQ.
Florida Bar No. 502650 Florida Bar No. 94012
SALLY A. ASHKAR, ESQ. Law Office of Leeanne W. Graziani, CPA
Florida Bar No. 1007665 999 Vanderbilt Beach Rd Suite 200
Collier County Attorney’s Office Naples, FL 34108
3299 E. Tamimi Trail, Suite 800 Telephone: (239) 595-5420
Naples, FL 34112 COUNSEL FOR RESPONDENT
Telephone: (239) 252-8400 LWGraziani@gmail.com
COUNSEL FOR PETITIONER
Colleen.Greene@colliercountyfl.gov
Sally.Ashkar@colliercountyfl.gov
Sheri.Malcolm@colliercountyfl.gov
16.K.7.a
Packet Pg. 3186 Attachment: Signed P326RDUE Joint Motion for Stipulated Final Judgment (23096 : Stipulated Final Judgment for Parcel 326RDUE)
[21-CA-600/1737429/1]
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: _______________________________
SALLY A. ASHKAR, ESQ.
16.K.7.a
Packet Pg. 3187 Attachment: Signed P326RDUE Joint Motion for Stipulated Final Judgment (23096 : Stipulated Final Judgment for Parcel 326RDUE)
[21-CA-600/1737429/1]
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 326RDUE
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 326RDUE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, ERNESTINA GARCIA, by and through
counsel, for the entry of a Stipulated Final Judgment as to Parcel 326RDUE 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. Respondent, ERNESTINA GARCIA, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of One Hundred Thirty-Nine Thousand Two Hundred
Twenty-Five Dollars and 24/100 ($139,225.24) for Parcel 326RDUE, as full payment for the
property interest taken, attorney’s fees and costs, and expert fees, in connection with said Parcel.
No other attorney’s fees, costs, or expert fees will be paid in this matter.
2. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good
faith estimate of value previously deposited in the amount of Ninety-Six Thousand Six Hundred
and No/100 Dollars ($96,600.00), as payment for the acquisition of Parcel 326RDUE, at which
16.K.7.a
Packet Pg. 3188 Attachment: Signed P326RDUE Joint Motion for Stipulated Final Judgment (23096 : Stipulated Final Judgment for Parcel 326RDUE)
[21-CA-600/1737429/1]
time title to said Parcel as described in Exhibit “A” vested in the name of Petitioner COLLIER
COUNTY, FLORIDA.
3. Within thirty (30) days from the entry of this Order, the Clerk of Courts shall
disburse from the Court’s Registry the total sum of Ninety-Six Thousand Six Hundred and
No/100 Dollars ($96,600.00), to Leeanne W. Graziani Trust Account, c/o Law Office of Leeanne
W. Graziani, CPA, 999 Vanderbilt Beach Road, Suite 200, Naples, FL 34108.
4. Within thirty (30) days from the entry of this Order, the Petitioner shall pay the
total sum of Forty-Two Thousand Six Hundred Twenty-Five Dollars and 24/100 ($42,625.24),
to Leeanne W. Graziani Trust Account, c/o Law Office of Leeanne W. Graziani, CPA, 999
Vanderbilt Beach Road, Suite 200, Naples, FL 34108.
5. This Order disposes of all claims arising out of the taking of Parcel 326RDUE that
have or could have been asserted in this cause.
6. An easement taking, being fully described in Exhibit “A” attached hereto and
incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated August 16,
2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
7. 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
326RDUE.
8. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
9. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
DONE AND ORDERED in Chambers, Collier County, Naples, Florida, this ___ day of
________ 2022.
THE HONORABLE LAUREN BRODIE
Circuit Court Judge
16.K.7.a
Packet Pg. 3189 Attachment: Signed P326RDUE Joint Motion for Stipulated Final Judgment (23096 : Stipulated Final Judgment for Parcel 326RDUE)
[21-CA-600/1737429/1]
Exhibit “A”
16.K.7.a
Packet Pg. 3190 Attachment: Signed P326RDUE Joint Motion for Stipulated Final Judgment (23096 : Stipulated Final Judgment for Parcel 326RDUE)
AERIAL – PARCELS 325RDUE & 326RDUE
VANDERBILT BEACH RD EXT PROJECT 60168
/
PARCEL 325RDUE
PARCEL 326RDUE
16.K.7.b
Packet Pg. 3191 Attachment: Aerial - Parcels 325RDUE & 326RDUE (23096 : Stipulated Final Judgment for Parcel 326RDUE)