Agenda 09/13/2022 Item #16K15 (Stipulated Final Judgement Parcel 105FEE VBR Project 60168)09/13/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $89,000 plus $37,132.19
in statutory attorney and experts’ fees and costs for the taking of Parcel 105FEE required for the
Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 105FEE 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 105FEE 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 .23 acres in extent. The parent tract is improved with a single-family home and associated
improvements owned by Dario Aviles and Romina Aviles and contains 2.41 acres of gross land area,
which was reduced to 2.18 acres after the acquisition. An aerial photograph of the subject property is
attached. The County’s date of value appraisal concluded to a value of $26,700, not including severance
damages. The property owner’s initial demand was $155,000 plus attorney’s fees and expert fees and
costs. The parties participated in Court Ordered mediation and reached a proposed agreement subject to
Board approval. The attached Stipulated Final Judgment reflects a negotiated compensation amount of
$89,000 plus $22,736.19 in statutory attorney’s fees and $14,396 in expert fees and costs for a total of
$126,132.19.
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 $25,500 for its deposit of the good faith
estimate of value. Funds for the balance of $100,632.19 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 105FEE (PDF)
2. P105FEE Signed Joint Motion (PDF)
16.K.15
Packet Pg. 3251
09/13/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.15
Doc ID: 23151
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$89,000 plus $37,132.19 in statutory attorney and experts’ fees and costs for the taking of Parcel 105FEE
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 2:56 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
08/24/2022 2:56 PM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 08/24/2022 4:45 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 08/25/2022 10:37 AM
Growth Management Operations Support Gene Shue Additional Reviewer Completed 08/25/2022 3:26 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 08/26/2022 7:37 AM
Growth Management Department Trinity Scott Transportation Completed 08/29/2022 10:33 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 08/29/2022 1:56 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/29/2022 1:59 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/30/2022 9:25 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 08/31/2022 1:41 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.15
Packet Pg. 3252
AERIAL – PARCEL 105FEE
VANDERBILT BEACH RD EXT PROJECT 60168
/
PARCEL 105FEE
16.K.15.a
Packet Pg. 3253 Attachment: Aerial - Parcel 105FEE (23151 : Stipulated Final Judgment for Parcel 105FEE)
16.K.15.b
Packet Pg. 3254 Attachment: P105FEE Signed Joint Motion (23151 : Stipulated Final Judgment for Parcel 105FEE)
16.K.15.b
Packet Pg. 3255 Attachment: P105FEE Signed Joint Motion (23151 : Stipulated Final Judgment for Parcel 105FEE)
16.K.15.b
Packet Pg. 3256 Attachment: P105FEE Signed Joint Motion (23151 : Stipulated Final Judgment for Parcel 105FEE)
16.K.15.b
Packet Pg. 3257 Attachment: P105FEE Signed Joint Motion (23151 : Stipulated Final Judgment for Parcel 105FEE)
16.K.15.b
Packet Pg. 3258 Attachment: P105FEE Signed Joint Motion (23151 : Stipulated Final Judgment for Parcel 105FEE)
16.K.15.b
Packet Pg. 3259 Attachment: P105FEE Signed Joint Motion (23151 : Stipulated Final Judgment for Parcel 105FEE)