Agenda 09/13/2022 Item #16K11 (Stipulated Final Judgement Parcel 1129FEE VBR Project 60168)09/13/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $100,000 plus
$26,141.58 in statutory attorney fees, apportionment attorneys’ fees, and experts’ fees and costs for
the taking of Parcel 1129FEE, plus an amount not to exceed $3,000 for additional apportionment
attorneys’ fees required for the Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1129FEE 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 1129FEE 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 .34 acres in extent. The parent tract is improved with a single-family home and associated
improvements owned by Shawne Johnson and contains 2.27 acres of gross land area, which has been
reduced to 1.93 acres after the acquisition. An aerial photograph of the subject property is attached. The
County’s date of deposit appraisal concluded to a value of $68,200 including severance damages. The
property owner’s initial demand was $164,200 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 $100,000 plus $18,414
in statutory attorney’s fees, $725 in apportionment attorneys’ fees, and $7,002.58 in expert fees and costs,
and an amount not to exceed $3,000 for additional apportionment attorney’s fees if needed, for a total of
$129,141.58.
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 $52,800 for its deposit of the good faith
estimate of value. Funds for the balance of $76,511.58 which includes the Clerk’s $170.00 deposit fe e,
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. Aerial Parcel 1129FEE (PDF)
2. P1129FEE Joint Motion for Stipulated Final Judgment (DOCX)
16.K.11
Packet Pg. 3217
09/13/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.11
Doc ID: 23108
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$100,000 plus $26,141.58 in statutory attorney fees, apportionment attorneys’ fees, and experts’ fees and
costs for the taking of Parcel 1129FEE, plus an amount not to exceed $3,000 for additional apportionment
attorneys’ fees 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
08/17/2022 12:38 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
08/17/2022 12:38 PM
Approved By:
Review:
Growth Management Department Lisa Taylor Additional Reviewer Completed 08/17/2022 12:44 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 08/17/2022 1:26 PM
Growth Management Operations Support Tara Castillo Additional Reviewer Completed 08/17/2022 4:36 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 08/18/2022 7:27 AM
Growth Management Department Trinity Scott Transportation Completed 08/19/2022 9:08 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 08/19/2022 10:50 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/19/2022 11:20 AM
Office of Management and Budget Laura Zautcke Level 3 OMB Gatekeeper Review Completed 08/22/2022 3:10 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 08/22/2022 3:31 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/06/2022 6:04 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/13/2022 9:00 AM
16.K.11
Packet Pg. 3218
AERIAL – PARCEL 1129FEE
(Vanderbilt Beach Rd. Ext. Project No. 60168)
/
PARCEL 1129FEE
16.K.11.a
Packet Pg. 3219 Attachment: Aerial Parcel 1129FEE (23108 : Stipulated Final Judgment for Parcel 1129FEE)
[21-CA-684/1732538/1]
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-684
v. Parcel 1129FEE
DONALD CORDER; MARLENE CORDER; MICHAEL CORDER;
DONALD R. CORDER; MARYROSE CORDER; DONALD CORDER;
MARLENE M. CORDER; SHAWNE JOHNSON; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC; YOFI PROPERTIES, LLC;
HPA BORROWER 2016 ML LLC; METROPOLITAN LIFE
INSURANCE COMPANY
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1129FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, SHAWNE
JOHNSON, by and through undersigned counsel, hereby respectfully move this Court for the entry
of the foregoing Stipulated Final Judgment as to Parcel 1129FEE attached hereto as Exhibit “1”.
____________________________ _/s/ KENNETH A. JONES
COLLEEN M. GREENE, ESQ. KENNETH A. JONES, ESQ
Florida Bar No. 502650 Florida Bar No. 200158
Collier County Attorney’s Office Hahn Loeser & Parks, LLP
3299 E. Tamimi Trail, Suite 800 2400 First Street, Suite 300
Naples, FL 34112 Fort Myers, FL 33901-2904
Telephone: (239) 252-8400 Telephone: (239) 337-6727
COUNSEL FOR PETITIONER COUNSEL FOR RESPONDENT
Colleen.Greene@colliercountyfl.gov kjones@hahnlaw.com
Sheri.Malcolm@colliercountyfl.gov jstone@hahnlaw.com
16.K.11.b
Packet Pg. 3220 Attachment: P1129FEE Joint Motion for Stipulated Final Judgment (23108 : Stipulated Final Judgment for Parcel 1129FEE)
[21-CA-684/1732538/1]
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
September 2022.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
16.K.11.b
Packet Pg. 3221 Attachment: P1129FEE Joint Motion for Stipulated Final Judgment (23108 : Stipulated Final Judgment for Parcel 1129FEE)
[21-CA-684/1732538/1]
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-684
v. Parcel 1129FEE
DONALD CORDER; MARLENE CORDER; MICHAEL CORDER;
DONALD R. CORDER; MARYROSE CORDER; DONALD CORDER;
MARLENE M. CORDER; SHAWNE JOHNSON; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC; YOFI PROPERTIES, LLC;
HPA BORROWER 2016 ML LLC; METROPOLITAN LIFE
INSURANCE COMPANY
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1129FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, SHAWNE JOHNSON, by and through
counsel, for the entry of a Stipulated Final Judgment as to Parcel 1129FEE 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, SHAWNE JOHNSON, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of One Hundred Thousand and No/100 Dollars
($100,000.00) for Parcel 1129FEE, subject to apportionment, if any, as full payment for the
property interest taken, in connection with said Parcel.
2. Respondent, SHAWNE JOHNSON, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the sum of Eighteen Thousand Four Hundred Fourteen Dollars and
No/100 ($18,414.00), for all attorney fees, plus Seven Hundred Twenty-Five Dollars and No/100
($725.00), for apportionment costs, for a total amount of Nineteen Thousand One Hundred
16.K.11.b
Packet Pg. 3222 Attachment: P1129FEE Joint Motion for Stipulated Final Judgment (23108 : Stipulated Final Judgment for Parcel 1129FEE)
[21-CA-684/1732538/1]
Thirty-Nine Dollars and No/100 ($19,139.00), associated with the acquisition of Parcel
1129FEE.
3. Respondent, SHAWNE JOHNSON, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Seven Thousand Two Dollars and 58/100 ($7,002.58),
for all expert fees and costs associated with the acquisition of Parcel 1129FEE, 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 Fifty-Two Thousand Eight
Hundred and No/100 Dollars ($52,800.00), as payment for the acquisition of Parcel 1129FEE,
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 Twenty-Six Thousand One Hundred Forty-
One Dollars and 58/100 Dollars ($26,141.58), representing the total sum due for attorney’s fees,
costs, and expert fees, 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.
6. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Forty-Seven Thousand Two Hundred Dollars
and No/100 ($47,200.00), representing the total sum due for the acquisition of Parcel 1129FEE,
subject to apportionment, if any, by depositing the amount into the Court’s Registry.
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. Respondent understands and agrees that this Stipulated Final Judgment contemplates
the future 6-laning of Vanderbilt Beach Road (VBR). No additional compensation shall be due to
Respondent for the widening of VBR up to 6-lanes.
16.K.11.b
Packet Pg. 3223 Attachment: P1129FEE Joint Motion for Stipulated Final Judgment (23108 : Stipulated Final Judgment for Parcel 1129FEE)
[21-CA-684/1732538/1]
8. Although the property now falls below the minimum lot size of 2.25 acres as a
result of the public acquisition, the rights and entitlements of the property shall remain the same
as prior to the public acquisition, and the property shall remain legal and buildable. Pursuant to
Collier County Land Development Code Section 9.03.07.C., lots where the p ublic acquisition
reduces the required minimum yard, lot coverage or lot dimensions can have reduced dimensions
equal to that of the acquisition area, or other dimensional requirements.
9. This Order disposes of all claims arising out of the taking of Parcel 1129FEE that
have or could have been asserted in this cause.
10. 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 18, 2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
11. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5905, Page 2058 of the Public Records of Collier County, Florida be dismissed as to Parcel
1129FEE.
12. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
13. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Exhibit “A”
16.K.11.b
Packet Pg. 3224 Attachment: P1129FEE Joint Motion for Stipulated Final Judgment (23108 : Stipulated Final Judgment for Parcel 1129FEE)