Agenda 11/08/2022 Item #16K 5 (Stipulated Final Judment for the taking of Parcel 165FEE for the Vanderbilt Beach Road Extension Project #60168)11/08/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $265,000 plus $68,230 in
statutory attorney and experts' fees and costs, for the taking of Parcel 165FEE required for the Vanderbilt
Beach Road Extension Project No. 60168.
OBJECTIVE: To settle full compensation for the taking of Parcel 165FEE 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 165FEE 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 16' 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 side, northerly boundary of the property and is approximately 1.48 acres in extent. The parent
tract is improved with a single-family home owned by Richard and Cheryl Williams, and contains 4.82 acres of
gross land area, which has been reduced to 3.33 acres after the acquisition. An aerial photograph of the subject
property is attached. The County's appraiser estimated full compensation at $168,700, including severance
damages. The property owner's initial demand was $375,875, plus attorney's fees and expert fees and costs. The
parties participated in mediation and reached an agreement. The attached Stipulated Final Judgment reflects a
negotiated compensation amount of $265,000, plus $43,230 in statutory attorney's fees and $25,000 in expert fees
and costs, for a total of $333,230.
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 $158,100 for its deposit of the good faith estimate of
value. Funds for the balance of $175,300, 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. - SAA
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 165FEE (PDF)
2. P I 65FEE Joint Motion for Stipulated Final Judgment (DOCX)
I Packet Pg. 1715
11/08/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doe ID: 23809
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of $265,000 plus
$68,230 in statutory attorney and experts' fees and costs, for the taking of Parcel 165FEE required for the
Vanderbilt Beach Road Extension Project No. 60168.
Meeting Date: 11/08/2022
Prepared by:
Title: — County Attorney's Office
Name: Madison Bird
11/02/2022 8:57 AM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
11/02/2022 8:57 AM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer
Growth Management Operations Support Tara Castillo
Growth Management Department
Transportation Engineering
Growth Management Department
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Lisa Taylor
Additional Reviewer
Jay Ahmad
Additional Reviewer
Trinity Scott
Transportation
Sally Ashkar
Level 2 Attorney Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Christopher Johnson Additional Reviewer
Amy Patterson
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Completed
11/02/2022 9:07 AM
Additional Reviewer Completed
11 /02/2022 9:08 AM
Completed
11/02/2022 9:59 AM
Completed
11/02/2022 10:46 AM
Completed
11 /02/2022 11:39 AM
Completed
11/02/2022 12:34 PM
Completed
11/02/2022 12:36 PM
Completed
11/02/2022 12:53 PM
Completed
11/02/2022 1:00 PM
Completed
11/02/2022 1:30 PM
11 /08/2022 9: 00 AM
I Packet Pg. 1716 1
AERIAL - PARCEL 165FEE
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Packet Pg. 1717
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,
V.
Case No.: 20-CA-3585
Parcel 165FEE
DARIO A. AVILES; THOMAS M. CAFFREY; THOMAS
G. FRANKS; REBECCA S. FRANKS; NATIONSTAR.
MORTGAGE, LLC; MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS INC; WELLS FARGO BANK, NA; FIRST FLORIDA
INTEGRITY BANK; RICHARD E. WILLIAMS; CHERYL
L. WILLIAMS; DANIEL E. FIX; HOLLY C. FIX; GREEN
CORRIDOR PROPERTY ASSESSMENT CLEAN ENERGY
Respondents.
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 165FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, RICHARD E.
WILLIAMS AND CHERYL L. WILLIAMS, by and through undersigned counsel, hereby
respectfully move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel
165FEE attached hereto as Exhibit "1".
COLLEEN M. GREENE, ESQ.
Florida Bar No. 502650
SALLY A. ASHKAR
Florida Bar No. 1007665
Collier County Attorney's Office
3299 E. Tamiami Tr., Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Colleen. Greene(&,colliercouniyfl. gov
Sally.Ashkar&colliercouniyfl.,vov
Sheri.Malcolm(&,colliercouniyfl.gov
IsIBRIANA. BOLVES
BRIAN A. BOLVES, ESQ.
Florida Bar No. 367079
Mason Bolves Donaldson Varn, PA
109 N Brush Street, Suite 300
Tampa, FL 33602
Telephone: 813-514-4700
COUNSEL FOR RESPONDENT
bbolves(&,mansonbolves.com
vdaviskmansonbolves.com
[20-CA-3585/1748088/1 ]
I Packet Pg. 1718
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Entry of a
Stipulated Final Judgment was filed with the FL Courts E-Filing Portal on this _ day of
2022.
M.
COLLEEN M. GREENE, ESQ
[20-CA-3585/1748088/1 Packet Pg. 1719
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-3585
V. Parcel 165FEE
DARIO A. AVILES; THOMAS M. CAFFREY; THOMAS
G. FRANKS; REBECCA S. FRANKS; NATIONSTAR.
MORTGAGE, LLC; MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS INC; WELLS FARGO BANK, NA; FIRST FLORIDA
INTEGRITY BANK; RICHARD E. WILLIAMS; CHERYL
L. WILLIAMS; DANIEL E. FIX; HOLLY C. FIX; GREEN
CORRIDOR PROPERTY ASSESSMENT CLEAN ENERGY
Respondents.
STIPULATED FINAL JUDGMENT AS TO PARCEL 165FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, RICHARD E. WILLIAMS AND CHERYL
L. WILLIAMS, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel
165FEE 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:
I . Respondents, RICHARD E. WILLIAMS AND CHERYL L. WILLIAMS, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Two Hundred Sixty -
Five Thousand Dollars and No/100 ($265,000.00) for Parcel 165FEE, as full payment for the
property interest taken, including any and all business damages, subject to apportiom-nent, if any,
in connection with said parcel.
2. Respondents, RICHARD E. WILLIAMS AND CHERYL L. WILLIAMS, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Forty -Three
Thousand Two Hundred Thirty Dollars and No/100 ($43,230.00), for all attorney's fees and
[20-CA-3585/1748088/1 ] I Packet Pg. 1720
costs associated with the acquisition of Parcel 165FEE, and no other attorney's fees or costs will
be paid in this matter.
3. Respondents, RICHARD E. WILLIAMS AND CHERYL L. WILLIAMS, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Twenty -Five
Thousand Dollars and No/100 ($25,000.00), for all expert fees and costs associated with the
acquisition of Parcel 165FEE, 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 One Hundred Fifty -Eight
Thousand One Hundred Dollars and No/100 ($158,100.00), as payment for the acquisition of
Parcel 165FEE, 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 -Five Thousand One
Hundred Thirty Dollars and No/100 ($175,130.00), by issuing a check payable to Manson
Bolves Donaldson Varn, P.A, Trust Account, and mailing the check to Brian A. Bolves, Esq., 109
N Brush St Ste 300, Tampa, FL 33602-4167.
6. This Order disposes of all claims arising out of the taking of Parcel 165FEE that
have or could have been asserted in this cause.
7. A fee simple taking, being fully described in Exhibit "All attached hereto and
incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated April 21,
2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
8. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5847, Page 3531 of the Public Records of Collier County, Florida be dismissed as to Parcel
165FEE.
9. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
[20-CA-3585/1748088/1 Packet Pg. 1721
10. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Exhibit "All
LEGAL DESCRIP-10N (PARM. 165 TEE)
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[20-CA-3585/1748088/1] I Packet Pg. 1722