Agenda 09/13/2022 Item #16K14 (Stipulated Final Judgement Parcel 167FEE VBR Project 60168)09/13/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $645,000 plus
$78,175.63 in statutory attorney fees, apportionment attorneys' fees, and experts’ fees and costs for
the taking of Parcel 167FEE required for the Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 167FEE 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 167FEE 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 is the entire property including a single-family home and associated improvements owned
by Graysen P. Johnson and is 2.5 acres in total. An aerial photograph of the subject property is attached.
The County’s date of deposit appraisal concluded to a value of $597,000. The property owner’s initial
demand was $750,000 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 $645,000 plus $72,600 in statutory attorney’s
fees, $452 in apportionment attorney’s fees, and $5,123.63 in expert fees and costs, for a total of
$723,175.63
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 $550,000 for its deposit of the good faith
estimate of value. Funds for the balance of $173,175.63 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 167FEE (PDF)
2. P167FEE Joint Motion for Stip Final Judgement (DOCX)
16.K.14
Packet Pg. 3243
09/13/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.14
Doc ID: 23147
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$645,000 plus $78,175.63 in statutory attorney fees, apportionment attorneys' fees, and experts’ fees and
costs for the taking of Parcel 167FEE 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 10:33 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
08/24/2022 10:33 AM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 08/24/2022 10:44 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 08/24/2022 2:00 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 08/25/2022 10:35 AM
Growth Management Operations Support Gene Shue Additional Reviewer Completed 08/25/2022 3:25 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 1:27 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/29/2022 1:44 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 1:27 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/06/2022 6:03 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/13/2022 9:00 AM
16.K.14
Packet Pg. 3244
8/23/22, 4:50 PM Print Map
https://maps.collierappraiser.com/mapprint.aspx?pagetitle=&orient=LANDSCAPE&paper=LETTER&minX=439200.158321667&minY=694197.210389…1/1
Folio Number: 36865040004
Name: COLLIER CNTY
Street# & Name: 760 27TH ST NW
Build# / Unit#: 81 / 0
Legal Description: GOLDEN GATE
EST UNIT 6 S 165 FT OF TR 81
2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided
for the data herein, its use, or its interpretation.
16.K.14.a
Packet Pg. 3245 Attachment: Aerial - Parcel 167FEE (23147 : Stipulated Final Judgment for Parcel 167FEE)
[21-CA-1344/1738017/1]
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-1344
v. Parcel 167FEE
DARIO A. AVILES; WELLS FARGO BANK, NA;
MIGUEL MEJIA; LUZ MEJIA; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC;
WILLIAM E. PIND; MELISSA J. PIND; BUU A. KANDATHIL;
DOLLY B. KANDATHIL; COLLIER COUNTY TAX COLLECTOR;
GRAYSEN P. JOHNSON, II; PERSEPHONE JOHNSON;
UNKNOWN TENANT(S)
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 167FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, GRAYSEN P.
JOHNSON, II AND PERSEPHONE JOHNSON, by and through undersigned counsel, hereby
respectfully move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel
167FEE 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(S)
Colleen.Greene@colliercountyfl.gov kjones@hahnlaw.com
Sheri.Malcolm@colliercountyfl.gov jstone@hahnlaw.com
16.K.14.b
Packet Pg. 3246 Attachment: P167FEE Joint Motion for Stip Final Judgement (23147 : Stipulated Final Judgment for Parcel 167FEE)
[21-CA-1344/1738017/1]
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.14.b
Packet Pg. 3247 Attachment: P167FEE Joint Motion for Stip Final Judgement (23147 : Stipulated Final Judgment for Parcel 167FEE)
[21-CA-1344/1738017/1]
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-1344
v. Parcel 167FEE
DARIO A. AVILES; WELLS FARGO BANK, NA;
MIGUEL MEJIA; LUZ MEJIA; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC;
WILLIAM E. PIND; MELISSA J. PIND; BUU A. KANDATHIL;
DOLLY B. KANDATHIL; COLLIER COUNTY TAX COLLECTOR;
GRAYSEN P. JOHNSON, II; PERSEPHONE JOHNSON;
UNKNOWN TENANT(S)
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 167FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, GRAYSEN P. JOHNSON, II AND
PERSEPHONE JOHNSON, by and through counsel, for the entry of a Stipulated Final Judgment
as to Parcel 167FEE 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, GRAYSEN P. JOHNSON, II AND PERSEPHONE JOHNSON,
shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Six Hundred
Forty-Five Thousand Dollars and No/100 ($645,000.00) for Parcel 167FEE, as full payment
for the property interest taken, in connection with said Parcel.
2. Respondent, GRAYSEN P. JOHNSON, II AND PERSEPHONE JOHNSON, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Seventy-Two
Thousand Six Hundred Dollars and No/100 ($72,600.00), for all attorney fees, plus Two
Hundred Eighty-Six Dollars and 63/100 ($286.63) for costs, plus apportionment fees of Four
16.K.14.b
Packet Pg. 3248 Attachment: P167FEE Joint Motion for Stip Final Judgement (23147 : Stipulated Final Judgment for Parcel 167FEE)
[21-CA-1344/1738017/1]
Hundred Fifty-Two Dollars and No/100 ($452.00), for a total due of Seventy-Three Thousand
Three Hundred Thirty-Eight Dollars and 63/100 ($73,338.63), associated with the acquisition
of Parcel 167FEE.
3. Respondent, GRAYSEN P. JOHNSON, II AND PERSEPHONE JOHNSON, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Four Thousand Eight
Hundred Thirty-Seven Dollars and No/100 Dollars ($4,837.00), for all expert fees and costs
associated with the acquisition of Parcel 167FEE, 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 Five Hundred Fifty Thousand
Dollars and No/100 ($550,000.00), as payment for the acquisition of Parcel 167FEE, 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 Seventy-Three Thousand One
Hundred Seventy-Five Dollars and 63/100 ($173,175.63), representing the total sum due for the
acquisition of Parcel 167FEE, attorney’s fees, costs, and expert fees, by issuing and mailing a
check to Hahn Loeser & Parks, LLP, c/o Kenneth A. Jones, Esq., 2400 First Street, Suite 300,
Fort Myers, FL 33901.
6. This Order disposes of all claims arising out of the taking of Parcel 167FEE that
have or could have been asserted in this cause.
7. 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.
16.K.14.b
Packet Pg. 3249 Attachment: P167FEE Joint Motion for Stip Final Judgement (23147 : Stipulated Final Judgment for Parcel 167FEE)
[21-CA-1344/1738017/1]
8. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5945, Page 111 of the Public Records of Collier County, Florida be dismissed as to Parcel 167FEE.
9. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
10. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Exhibit “A”
Legal Description - Parcel 167FEE
(Fee Simple Interest)
The South 165 feet of Tract 81, GOLDEN GATE ESTATES, UNIT NO. 6, according to the plat
thereof as recorded in Plat Book 4, Pages 93 and 94, Public Records of Collier County, Florida.
16.K.14.b
Packet Pg. 3250 Attachment: P167FEE Joint Motion for Stip Final Judgement (23147 : Stipulated Final Judgment for Parcel 167FEE)