Agenda 09/13/2022 Item #16K12 (Stipulated Final Judgement Parcel 1169FEE VBR Project 60168)09/13/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $106,000 plus
$26,584.94 in statutory attorney fees, apportionment fees, and experts’ fees and costs for the taking
of Parcel 1169FEE, 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 1169FEE 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 1169FEE 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 Wilbert and Diane Fetzer and contains 2.27 acres of gross land area, which was
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 $73,600 including severance damages. The
property owner’s initial demand was $175,100 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 $106,000 plus
$19,737.50 in statutory attorneys’ fees and apportionment fees, $6,847.44 in expert fees and costs, and an
amount not to exceed $3,000 for additional apportionment attorneys’ fees if needed, for a total of
$135,584.94.
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 $59,300 for its deposit of the good faith
estimate of value. Funds for the balance of $76,454.94 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. - 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 1169FEE (PDF)
2. P1169FEE Joint Motion for Stip Final Judgment(1) (DOCX)
16.K.12
Packet Pg. 3225
09/13/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.12
Doc ID: 23112
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$106,000 plus $26,584.94 in statutory attorney fees, apportionment fees, and experts’ fees and costs for
the taking of Parcel 1169FEE, 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 4:16 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
08/17/2022 4:16 PM
Approved By:
Review:
Growth Management Operations Support Tara Castillo Additional Reviewer Completed 08/17/2022 4:45 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 08/18/2022 7:28 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 08/18/2022 8:07 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 08/18/2022 9:04 AM
Growth Management Department Trinity Scott Transportation Completed 08/19/2022 9:09 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 08/19/2022 10:35 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 5:23 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 08/23/2022 8:43 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 09/06/2022 5:27 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/13/2022 9:00 AM
16.K.12
Packet Pg. 3226
AERIAL – PARCEL 1169FEE
(Vanderbilt Beach Rd. Ext. Project No. 60168)
PARCEL 1169FEE
/
16.K.12.a
Packet Pg. 3227 Attachment: Aerial - Parcel 1169FEE (23112 : Stipulated Final Judgment for Parcel 1169FEE)
[20-CA-3679/1735344/1]
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.: 20-CA-3679
v. Parcel 1169FEE
VIRGINIA PACKMAN F/K/A VIRGINIA LEONARD
JAMES PACKMAN; SPECIALIZED LOAN SERVICING,
LLC; NATIONAL COLLEGIATE STUDENT LOAN TRUST
2007-3; WILBERT J. FETZER; DIANE L. FETZER; WELLS
FARGO BANK, NA; JAVIER CORTINAS; MICHELLE D.
CORTINAS; STONERY, INC., MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1169FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, WILBERT J.
FETZER AND DIANE L. FETZER, by and through undersigned counsel, hereby respectfully
move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel 1169FEE
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 RESPONDENTS
Colleen.Greene@colliercountyfl.gov kjones@hahnlaw.com
Sheri.Malcolm@colliercountyfl.gov jstone@hahnlaw.com
16.K.12.b
Packet Pg. 3228 Attachment: P1169FEE Joint Motion for Stip Final Judgment(1) (23112 : Stipulated Final Judgment for Parcel 1169FEE)
[20-CA-3679/1735344/1]
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.12.b
Packet Pg. 3229 Attachment: P1169FEE Joint Motion for Stip Final Judgment(1) (23112 : Stipulated Final Judgment for Parcel 1169FEE)
[20-CA-3679/1735344/1]
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.: 20-CA-3679
v. Parcel 1169FEE
VIRGINIA PACKMAN F/K/A VIRGINIA LEONARD
JAMES PACKMAN; SPECIALIZED LOAN SERVICING,
LLC; NATIONAL COLLEGIATE STUDENT LOAN TRUST
2007-3; WILBERT J. FETZER; DIANE L. FETZER; WELLS
FARGO BANK, NA; JAVIER CORTINAS; MICHELLE D.
CORTINAS; STONERY, INC., MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1169FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, WILBERT J. FETZER AND DIANE L.
FETZER, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel
1169FEE 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, WILBERT J. FETZER AND DIANE L. FETZER, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Hundred Six Thousand
Dollars and No/100 ($106,000.00) for Parcel 1169FEE, subject to apportionment, if any, as full
payment for the property interest taken, in connection with said Parcel.
2. Respondents, WILBERT J. FETZER AND DIANE L. FETZER, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the sum of Nineteen Thousand Forty-One Dollars
and No/100 ($19,041.00), for all attorney fees and costs associated with the acquisition of Parcel
16.K.12.b
Packet Pg. 3230 Attachment: P1169FEE Joint Motion for Stip Final Judgment(1) (23112 : Stipulated Final Judgment for Parcel 1169FEE)
[20-CA-3679/1735344/1]
1169FEE, plus the sum of Six Hundred Ninety-Six Dollars and 50/100 ($696.50) for
apportionment fees associated with the acquisition of Parcel 1169FEE. Respondents reserve the
right to claim additional attorney fees incurred as a result of apportionment or supplemental
proceedings as authorized pursuant to Section 73.091, Fla. Stat. and Section 73.092, Fla. Stat.
3. Respondents, WILBERT J. FETZER AND DIANE L. FETZER, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Six Thousand Eight Hundred
Forty-Seven Dollars and 44/100 ($6,847.44), for all expert fees and costs associated with the
acquisition of Parcel 1169FEE, 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-Nine Thousand Three
Hundred Dollars and No/100 ($59,300.00), as payment for the acquisition of Parcel 1169FEE,
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 Five Hundred Eighty-
Four Dollars and 94/100 ($26,584.94), representing the total sum due for attorney’s fees, costs,
and expert fees, by mailing a check to Hahn Loeser & Parks, LLP, c/o Kenneth A. Jones, Esq.,
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 deposit the total amount of Forty-Six Thousand Seven Hundred
Dollars and No/100 ($46,700.00) into the Court Registry, representing the total sum due for the
acquisition of Parcel 1169FEE, subject to apportionment, if any.
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
16.K.12.b
Packet Pg. 3231 Attachment: P1169FEE Joint Motion for Stip Final Judgment(1) (23112 : Stipulated Final Judgment for Parcel 1169FEE)
[20-CA-3679/1735344/1]
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.
8. Although the property now falls below the minimum lot size of 2.25 acres as a
result of the Vanderbilt Beach Road public acquisition, the rights and entitlements of the property
shall remain the same as prior to the Vanderbilt Beach Road 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 public acquisition reduces the required minimum yard, lot coverage or
lot dimensions can have reduced dimensions equal to that of the acquisition area.
9. This Order disposes of all claims arising out of the taking of Parcel 1169FEE 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 4, 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
5849, Page 2485 of the Public Records of Collier County, Florida be dismissed as to Parcel
1169FEE.
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.12.b
Packet Pg. 3232 Attachment: P1169FEE Joint Motion for Stip Final Judgment(1) (23112 : Stipulated Final Judgment for Parcel 1169FEE)
[20-CA-3679/1735344/1]
16.K.12.b
Packet Pg. 3233 Attachment: P1169FEE Joint Motion for Stip Final Judgment(1) (23112 : Stipulated Final Judgment for Parcel 1169FEE)