Agenda 09/13/2022 Item #16K13 (Stipulated Final Judgement Parcel 1242FEE VBR Project 60168)09/13/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $113,000 plus
$24,148.39 in statutory attorney fees, apportionment fees, and experts’ fees and costs for the taking
of Parcel 1242FEE, 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 1242FEE 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 1242FEE 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, northerly boundary of the property and is
approximately .24 acres in extent. The parent tract is improved with a single-family home and associated
improvements owned by George and Tanairis Herrera and contains 1.59 acres of gross land area, which
will be reduced to 1.35 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 $81,800 including severance
damages. The property owner’s initial demand was $181,100 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
$113,000 plus $16,500 in statutory attorney’s fees, $415.50 in apportionment attorney’s fees, and
$7,232.89 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 $140,148.39.
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 $72,600 for its deposit of the good faith
estimate of value. Funds for the balance of $67,718.39 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 1242FEE (PDF)
2. P1242FEE Joint Motion for Stip Final Judgment (DOCX)
16.K.13
Packet Pg. 3234
09/13/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.13
Doc ID: 23146
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$113,000 plus $24,148.39 in statutory attorney fees, apportionment fees, and experts’ fees and costs for
the taking of Parcel 1242FEE, 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
08/24/2022 9:30 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
08/24/2022 9:30 AM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 08/24/2022 9:53 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 08/24/2022 10:47 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 08/25/2022 10:36 AM
Growth Management Operations Support Gene Shue Additional Reviewer Completed 08/25/2022 3:26 PM
Growth Management Department Trinity Scott Transportation Completed 08/29/2022 10:34 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 08/29/2022 1:33 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/29/2022 1:45 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/30/2022 9:26 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 08/31/2022 1:32 PM
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.13
Packet Pg. 3235
Vanderbilt Beach Road Extension
Project 60168‐Parcel 1242FEE
/
PARCEL 1242FEE
16.K.13.a
Packet Pg. 3236 Attachment: Aerial Parcel 1242FEE (23146 : Stipulated Final Judgment for Parcel 1242FEE)
[20-CA-3651/1735313/1]
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-3651
v. Parcel 1242FEE
GEORGE HERRERA; TANAIRIS HERRERA; FIFTH
THIRD BANK, NA; EPIC ROOFING AND EXTERIORS;
ESTATE OF GEORGE R. VACCA; OSWALDO M.
FERNANDEZ ECHEVERRIA; BEATRIZ CASTANET
VIZCAINO; PATRICIA PAMELA CUNNINGHAM;
GOLDEN GATE OF NAPLES, INC.
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1242FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, GEORGE
HERRERA AND TANAIRIS HERRERA, by and through undersigned counsel, hereby
respectfully move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel
1242FEE 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.13.b
Packet Pg. 3237 Attachment: P1242FEE Joint Motion for Stip Final Judgment (23146 : Stipulated Final Judgment for Parcel 1242FEE)
[20-CA-3651/1735313/1]
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.13.b
Packet Pg. 3238 Attachment: P1242FEE Joint Motion for Stip Final Judgment (23146 : Stipulated Final Judgment for Parcel 1242FEE)
[20-CA-3651/1735313/1]
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-3651
v. Parcel 1242FEE
GEORGE HERRERA; TANAIRIS HERRERA; FIFTH
THIRD BANK, NA; EPIC ROOFING AND EXTERIORS;
ESTATE OF GEORGE R. VACCA; OSWALDO M.
FERNANDEZ ECHEVERRIA; BEATRIZ CASTANET
VIZCAINO; PATRICIA PAMELA CUNNINGHAM;
GOLDEN GATE OF NAPLES, INC.
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1242FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, GEORGE HERRERA AND TANAIRIS
HERRERA, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel
1242FEE 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, GEORGE HERRERA AND TANAIRIS HERRERA, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Hundred Thirteen
Thousand Dollars and No/100 ($113,000.00) for Parcel 1242FEE, subject to apportionment, if
any, as full payment for the property interest taken, in connection with said Parcel.
2. Respondents, GEORGE HERRERA AND TANAIRIS HERRERA, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Sixteen Thousand Five Hundred
Dollars and No/100 ($16,500.00), for all attorney fees and costs associated with the acquisition
16.K.13.b
Packet Pg. 3239 Attachment: P1242FEE Joint Motion for Stip Final Judgment (23146 : Stipulated Final Judgment for Parcel 1242FEE)
[20-CA-3651/1735313/1]
of Parcel 1242FEE, plus the sum of Four Hundred Fifteen Dollars and 50/100 ($415.50) for
apportionment fees associated with the acquisition of Parcel 1242FEE. 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, GEORGE HERRERA AND TANAIRIS HERRERA, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Seven Thousand Two
Hundred Thirty-Two Dollars and 89/100 ($7,232.89), for all expert fees and costs associated
with the acquisition of Parcel 1242FEE, 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 Seventy-Two Thousand Six
Hundred Dollars and No/100 ($72,600.00), as payment for the acquisition of Parcel 1242FEE,
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-Four Thousand One Hundred Forty-
Eight Dollars and 39/100 ($24,148.39), 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 Thousand Four Hundred Dollars
and No/100 ($40,400.00) into the Court Registry, representing the total sum due for the acquisition
of Parcel 1242FEE, 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
16.K.13.b
Packet Pg. 3240 Attachment: P1242FEE Joint Motion for Stip Final Judgment (23146 : Stipulated Final Judgment for Parcel 1242FEE)
[20-CA-3651/1735313/1]
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.
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 y ard, 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 1242FEE 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
May 28, 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
5848, Page 752 of the Public Records of Collier County, Florida be dismissed as to Parcel
1242FEE.
12. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
16.K.13.b
Packet Pg. 3241 Attachment: P1242FEE Joint Motion for Stip Final Judgment (23146 : Stipulated Final Judgment for Parcel 1242FEE)
[20-CA-3651/1735313/1]
13. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Exhibit “A”
16.K.13.b
Packet Pg. 3242 Attachment: P1242FEE Joint Motion for Stip Final Judgment (23146 : Stipulated Final Judgment for Parcel 1242FEE)