Agenda 10/25/2022 Item #16K2 (To settle full compensation for the taking of Parcel 104FEE required for the construction of the Vanderbilt Beach Road Extension Project No.60168)10/25/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $62,500 plus $20,037 in statutory
attorney and experts’ fees and costs for the taking of Parcel 104FEE required for the Vanderbilt Beach Road
Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 104FEE 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 104FEE 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 JAMES B. ALBY,
as successor in interest to PATRICK J. MURPHY, INDIVIDUALLY AND AS TRUSTEE OF THE PATRICK J.
MURPHY TRUST AGREEMENT DATED JULY 16, 2009 and contained 2.42 acres of gross land area, which was
reduced to 2.19 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 $26,700 not including severance damages. The property owner’s
initial demand was $86,000 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 $62,500 plus $13,959 in statutory attorney’s fees and
$6,078 in expert fees and costs for a total of $82,537.
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 $57,037 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. P104FEE Signed Joint Motion (PDF)
2. Aerial - Parcel 104FEE (PDF)
16.K.2
Packet Pg. 1664
10/25/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2
Doc ID: 23663
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of $62,500 plus $20,037
in statutory attorney and experts’ fees and costs for the taking of Parcel 104FEE required for the Vanderbilt Beach
Road Extension Project No. 60168.
Meeting Date: 10/25/2022
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
10/13/2022 2:46 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
10/13/2022 2:46 PM
Approved By:
Review:
Growth Management Department Lisa Taylor Additional Reviewer Completed 10/13/2022 2:59 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 10/13/2022 3:04 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 10/13/2022 3:13 PM
Growth Management Operations Support Tara Castillo Additional Reviewer Completed
10/13/2022 4:31 PM
Growth Management Department Trinity Scott Additional Reviewer Completed 10/14/2022 9:08 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 10/18/2022 9:14 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/18/2022 9:16 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/18/2022 9:17 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 10/18/2022 9:55 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 10/18/2022 5:57 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 10/25/2022 9:00 AM
16.K.2
Packet Pg. 1665
16.K.2.a
Packet Pg. 1666 Attachment: P104FEE Signed Joint Motion (23663 : Approval of stipulated final judgment for Parcel 104FEE in the Vanderbilt Beach Rd. Project)
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Packet Pg. 1667 Attachment: P104FEE Signed Joint Motion (23663 : Approval of stipulated final judgment for Parcel 104FEE in the Vanderbilt Beach Rd. Project)
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Packet Pg. 1668 Attachment: P104FEE Signed Joint Motion (23663 : Approval of stipulated final judgment for Parcel 104FEE in the Vanderbilt Beach Rd. Project)
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Packet Pg. 1669 Attachment: P104FEE Signed Joint Motion (23663 : Approval of stipulated final judgment for Parcel 104FEE in the Vanderbilt Beach Rd. Project)
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Packet Pg. 1670 Attachment: P104FEE Signed Joint Motion (23663 : Approval of stipulated final judgment for Parcel 104FEE in the Vanderbilt Beach Rd. Project)
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Packet Pg. 1671 Attachment: P104FEE Signed Joint Motion (23663 : Approval of stipulated final judgment for Parcel 104FEE in the Vanderbilt Beach Rd. Project)
VANDERBILT BEACH ROAD EXTENSION
PROJECT 60168 – PARCEL 104FEE
/
PARCEL 104FEE
16.K.2.b
Packet Pg. 1672 Attachment: Aerial - Parcel 104FEE (23663 : Approval of stipulated final judgment for Parcel 104FEE in the Vanderbilt Beach Rd. Project)