Agenda 12/13/2022 Item #16K 1 (Vanderbilt Beach Road Extension Project #60168)12/13/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $38,000 plus $12,731 in statutory
attorney and experts’ fees and costs for the taking of Parcel 279RDUE required for the Vanderbilt Beach
Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 279RDUE 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 279RDUE 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 easement area consists of a
perpetual, non-exclusive, road right-of-way, drainage, and utility easement and consists of a strip easement along
the easterly boundary of the property and is approximately .15 acres in extent. The parent tract is an unimproved
tract owned by Filiberto Macias, Jr. and Nancy Macias and contains 2.34 acres of gross land area. An aerial
photograph of the subject property is attached. The County’s appraisal concluded to a value of $13,800 including
severance damages. This amount was adjusted to $16,000 by the Transportation Engineering Division’s Review
Appraiser to account for increases in property prices from the date of the appraisal to the date of deposit of funds
following the order of taking. The property owner’s initial demand was $59,076 plus attorney’s fees and expert
fees and costs. The parties participated in informal negotiations and r eached a proposed settlement agreement
subject to Board approval. The attached Stipulated Final Judgment reflects a negotiated compensation amount of
$38,000 plus $8,481 in statutory attorney’s fees and $4,250 in expert fees and costs for a total of $50,731.
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 $13,800 for its deposit of the good faith estimate of
value. Funds for the balance of $36,931 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 279RDUE (PDF)
2. Macias Signed FJ (PDF)
16.K.1
Packet Pg. 2507
12/13/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doc ID: 23940
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of $38,000 plus $12,731
in statutory attorney and experts’ fees and costs for the taking of Parcel 279RDUE required for the Vanderbilt
Beach Road Extension Project No. 60168.
Meeting Date: 12/13/2022
Prepared by:
Title: – County Attorney's Office
Name: Madison Bird
11/15/2022 2:53 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
11/15/2022 2:53 PM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 11/15/2022 4:32 PM
Growth Management Operations Support Tara Castillo Additional Reviewer Completed
11/16/2022 6:43 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 11/16/2022 7:09 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 11/16/2022 12:58 PM
Growth Management Department Trinity Scott Transportation Completed 11/17/2022 2:17 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/17/2022 2:25 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 11/17/2022 4:26 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/18/2022 3:38 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 11/30/2022 9:51 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 11/30/2022 12:22 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/13/2022 9:00 AM
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AERIAL – PARCEL 279RDUE
VANDERBILT BEACH RD EXT PROJECT 60168
/
PARCEL 279RDUE WILSON BLVD EXISTING RIGHT-OF-WAY PER PLAT 16.K.1.a
Packet Pg. 2509 Attachment: Aerial - Parcel 279RDUE (23940 : Stipulated Final Judgment for Parcel 279RDUE)
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.
TRENTON A. COMPTON, ET AL
Respondents.
Case No.: 20-CA-4068
Parcel 279RDUE
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 279RDUE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, FILIBERTO
MACIAS, JR., AND NANCY MACIAS, by and through undersigned counsel, hereby
respectfully move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel
279RDUE attached hereto as Exhibit 1.
COLLEEN M. GREENE, ESQ.
Florida Bar No. 502650
Collier County Attorney's Office
3299 E. Tamiami Tr., Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Colleen.GreeneRcolliercountyfl.gov
Sheri.Malcolm(ikollicrcountyfl.,ctov
CCA14. PO&, ES
Florida Bar No. 229253
1301 NE 14th Street
Ocala, Florida 34470
Tele. (352) 732-3915
COUNSEL FOR RESPONDENTS
cifonnanRhotmail.com
shanis(cD,forrnanthomaslaw.com
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
2022.
day of
By:
COLLEEN M. GREENE, ESQ.
[20-CA-4068/1749183/1]
C 12,f
16.K.1.b
Packet Pg. 2510 Attachment: Macias Signed FJ (23940 : Stipulated Final Judgment for Parcel 279RDUE)
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-4068
V.
1RENTON A. COMPTON, ET AL
Respondents.
Parcel 279RDUE
STIPULATED FINAL JUDGMENT AS TO PARCEL 279RDUE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, FILIBERTO MACIAS, JR., AND NANCY
MACIAS, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel
279RDUE, 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, FILIBERTO MACIAS, JR., AND NANCY MACIAS, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Thirty-Eight Thousand
Dollars and No/100 ($38,000.00) for Parcel 279RDUE, as full payment for the property interest
taken, including any and all business damages, in connection with said parcel.
2. Respondents, FILIBERTO MACIAS, JR., AND NANCY MACIAS, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Eight Thousand Four
Hundred Eighty-One Dollars and No/100 ($8,481.00), for all attorney fees and costs associated
with the acquisition of Parcel 279RDUE. No other attorney's fees or costs will be paid in this
[20-CA-4068/1749183/I]
16.K.1.b
Packet Pg. 2511 Attachment: Macias Signed FJ (23940 : Stipulated Final Judgment for Parcel 279RDUE)
matter.
3. Respondents, FILIBERTO MACIAS, JR., AND NANCY MACIAS, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Four Thousand Two
Hundred Fifty Dollars and No/100 ($4,250.00), for all expert fees and costs associated with the
acquisition of Parcel 279RDUE, 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 Thirteen Thousand Eight Hundred
Dollars and No/100 ($13,800.00), as payment for the acquisition of Parcel 279RDUE, 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, the CLERK OF COURTS shall
disburse from the Court Registry the total sum of Thirteen Thousand Eight Hundred Dollars
and No/100 ($13,800.00), by issuing a check payable to Forman & Thomas Trust Account, and
mailing it to Charles R. Forman, Esq., 1301 NE 14th Street, Ocala, FL 34470.
6. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Thirty-Six Thousand Nine Hundred Thirty-
One Dollars and No/100 ($36,931.00), as payment for acquisition of Parcel 279RDUE, including
all attorney's fees, costs, and expert fees, by issuing a check payable to Forman & Thomas Trust
Account, and mailing it to Charles R. Forman, Esq., 1301 NE 14th Street, Ocala, FL 34470.
7. Petitioner will construct the project in substantial conformance with the one
hundred percent (100%) construction plans for the project, which plans are incorporated herein by
reference.
8. This Order disposes of all claims arising out of the taking of Parcel 279RDUE that
[20-CA-4068/1749183/1]
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16.K.1.b
Packet Pg. 2512 Attachment: Macias Signed FJ (23940 : Stipulated Final Judgment for Parcel 279RDUE)
have or could have been asserted in this cause.
9. As to Parcel 279RDUE, a perpetual non-exclusive road right-of-way, drainage and
utility easement taking, being fully described in Exhibit "A" 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.
10. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5868, Page 1223 of the Public Records of Collier County, Florida be dismissed as to Parcel
279RDUE.
11. This Order disposes of all claims arising out of the taking of Parcel 279RDUE that
have or could have been asserted in this cause
12. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
13. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Exhibit "A"
LEGAL. DESCRIPTION (PARCEL 279 ROUE)
A PORTtCN OF TRACT 13 , GOLDEN GATE ESTATES UNCT 19, AS K.EIL:LiiiDED t4 PLAT BC.'70X 7 RAGE. 13, or HE
PUBLIC RECORDS OF CQ?..LIER COON, Pl.,081121A, LYINC IN SEC11004 34, TOWS HIP 4B SOUTH. 4+4SGE 27 EAST,
ciFR CDLJNUY, FI.ORZA, BONG MORE FARTECULARLY FBrD F{11.11"):
1)11 4PMT 43 FEET OF 7NE EAsr e5 Fat OF ThE SOUTH 150 FEET OF SAID TRACT 131.
CONtAiNiNO 6,752 MARE FEET. MORE OR LESS.
[20-CA-4068/1749183/1]
16.K.1.b
Packet Pg. 2513 Attachment: Macias Signed FJ (23940 : Stipulated Final Judgment for Parcel 279RDUE)