Agenda 09/13/2022 Item #16K16 (Stipulated Final Judgement Parcel 213FEE VBR Project 60168)09/13/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $122,100 plus
$26,212.66 in statutory attorney and experts’ fees and costs for the taking of Parcel 213FEE
required for the Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 213FEE 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 213FEE 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 .38 acres in extent. The parent tract is improved with a single-family home and associated
improvements owned by Marina Montesino and Gilfredo Adames and contains 2.27 acres of gross land
area, which was reduced to 1.89 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 $87,100 including severance
damages. The property owner’s initial demand was $177,100 plus attorney’s fees and expert fees and
costs. The parties participated in informal negotiations and reached a proposed settlement agreement
subject to Board approval. The attached Stipulated Final Judgment reflects a negotiated compensation
amount of $122,100 plus $18,480 in statutory attorney’s fees, $267.44 in attorney costs, and $7,465.22 in
expert fees and costs for a total of $148,312.66.
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 $72,900 for its deposit of the good faith
estimate of value. Funds for the balance of $75,412.66 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 wi ll 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 213FEE (PDF)
2. P213FEE Joint Motion for Stipulated Final Judgment(1) (DOCX)
16.K.16
Packet Pg. 3260
09/13/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.16
Doc ID: 23250
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$122,100 plus $26,212.66 in statutory attorney and experts’ fees and costs for the taking of Parcel
213FEE 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
09/06/2022 11:35 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/06/2022 11:35 AM
Approved By:
Review:
Growth Management Operations Support Tara Castillo Additional Reviewer Completed 09/06/2022 11:51 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 09/06/2022 11:52 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 09/06/2022 12:23 PM
Growth Management Department Trinity Scott Transportation Completed 09/06/2022 11:48 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 09/07/2022 8:15 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/07/2022 9:52 AM
Office of Management and Budget Laura Zautcke Level 3 OMB Gatekeeper Review Completed 09/07/2022 9:53 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/07/2022 1:05 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/07/2022 3:10 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/13/2022 9:00 AM
16.K.16
Packet Pg. 3261
AERIAL – PARCEL 213FEE
VANDERBILT BEACH RD EXT PROJECT 60168
/
PARCEL 213FEE
16.K.16.a
Packet Pg. 3262 Attachment: Aerial - Parcel 213FEE (23250 : Stipulated Final Judgment for Parcel 213FEE)
[20-CA-3909/1741832/1]
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-3909
v. Parcel 213FEE
MARGARET R. BENDER, AS TRUSTEE OF THE
MARGARET R. BENDER REVOCABLE TRUST
AGREEMENT DATED NOVEMBER 28, 1997; DAVID
A. BENDER; STEPHEN M. BENDER; WELLS
FARGO BANK, N.A., SUCCESSOR IN INTEREST TO
WACHOVIA BANK, N.A.; ALEJANDRIA 25, LLC;
RHYS ALEXANDER FERNANDEZ; ELAINE WHITNEY
JOHNSTON; MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC; MARIA E. MOLANO; MARINA
MONTESINO; GILFREDO ADAMES
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 213FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, MARINA
MONTESINO AND GILFREDO ADAMES, by and through undersigned counsel, hereby
respectfully move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel
213FEE 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.16.b
Packet Pg. 3263 Attachment: P213FEE Joint Motion for Stipulated Final Judgment(1) (23250 : Stipulated Final Judgment for Parcel 213FEE)
[20-CA-3909/1741832/1]
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.16.b
Packet Pg. 3264 Attachment: P213FEE Joint Motion for Stipulated Final Judgment(1) (23250 : Stipulated Final Judgment for Parcel 213FEE)
[20-CA-3909/1741832/1]
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-3909
v. Parcel 213FEE
MARGARET R. BENDER, AS TRUSTEE OF THE
MARGARET R. BENDER REVOCABLE TRUST
AGREEMENT DATED NOVEMBER 28, 1997; DAVID
A. BENDER; STEPHEN M. BENDER; WELLS
FARGO BANK, N.A., SUCCESSOR IN INTEREST TO
WACHOVIA BANK, N.A.; ALEJANDRIA 25, LLC;
RHYS ALEXANDER FERNANDEZ; ELAINE WHITNEY
JOHNSTON; MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC; MARIA E. MOLANO; MARINA
MONTESINO; GILFREDO ADAMES
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 213FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, MARINA MONTESINO AND GILFREDO
ADAMES, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel
213FEE 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, MARINA MONTESINO AND GILFREDO ADAMES, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Hundred
Twenty-Two Thousand One Hundred Dollars and No/100 ($122,100.00) for Parcel 213FEE,
as full payment for the property interest taken, in connection with said Parcel.
2. Respondents, MARINA MONTESINO AND GILFREDO ADAMES, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Eighteen Thousand
16.K.16.b
Packet Pg. 3265 Attachment: P213FEE Joint Motion for Stipulated Final Judgment(1) (23250 : Stipulated Final Judgment for Parcel 213FEE)
[20-CA-3909/1741832/1]
Four Hundred Eighty Dollars and No/100 ($18,480.00), for all attorney fees and costs
associated with the acquisition of Parcel 213FEE.
3. Respondents, MARINA MONTESINO AND GILFREDO ADAMES, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Seven Thousand
Four Hundred Sixty-Five Dollars and 22/100 ($7,465.22), for all expert fees, plus Two
Hundred Sixty-Seven Dollars and 44/100 ($267.44), for costs, associated with the acquisition
of Parcel 213FEE, 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 Nine
Hundred Dollars and No/100 ($72,900.00), as payment for the acquisition of Parcel 213FEE, 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 Seventy-Five Thousand Four Hundred Twelve
Dollars and 66/100 ($75,412.66), representing the total sum due for the acquisition of Parcel
213FEE, attorney’s fees, costs, expert fees and costs, 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. Petitioner will construct the project in substantial conformance with the 100
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.
7. 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
16.K.16.b
Packet Pg. 3266 Attachment: P213FEE Joint Motion for Stipulated Final Judgment(1) (23250 : Stipulated Final Judgment for Parcel 213FEE)
[20-CA-3909/1741832/1]
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, or other dimensional requirements.
8. This Order disposes of all claims arising out of the taking of Parcel 213FEE that
have or could have been asserted in this cause.
9. 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
April 13, 2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
10. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5858, Page 3858 of the Public Records of Collier County, Florida be dismissed as to Parcel
213FEE.
11. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
12. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Exhibit “A”
16.K.16.b
Packet Pg. 3267 Attachment: P213FEE Joint Motion for Stipulated Final Judgment(1) (23250 : Stipulated Final Judgment for Parcel 213FEE)