Agenda 12/13/2022 Item #16K 6 (Settle full compensation for Vanderbilt Beach Road Extension Project)12/13/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $125,500 plus $20,974.09 in
statutory attorney fees, apportionment fees, experts’ fees and costs, and an amount not to exceed $3,000 for
additional apportionment costs if needed for the taking of Parcel 1245RDUE required for the Vanderbilt
Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1245RDUE 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 1245RDUE 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 th Street NE and
Massey Street from Vanderbilt Beach Road to south of Mockingbird Drive. The easement a rea consists of a
perpetual, non-exclusive, road right-of-way, drainage, and utility easement along the easterly boundary of the
property and is approximately .10 acres in extent. The parent tract is improved with a single-family home and
associated improvements owned by Gamal and Migdalia Reyes and contains 5.15 acres of gross land area. An
aerial photograph of the subject property is attached. The County’s date of deposit appraisal concluded to a value
of $84,700 including severance damages. The property owner’s initial demand was $168,700 plus attorney’s fees
and expert fees and costs. The parties participated in mediation and reached a proposed settlement agreement
subject to Board approval. The attached Stipulated Final Judgment reflects a negotia ted compensation amount of
$125,500 plus $13,900.24 in statutory attorney’s fees, apportionment fees, and costs, $7,073.85 in expert fees and
costs, and an amount not to exceed $3,000 for additional apportionment fees and costs if needed, for a total of
$149,474.09.
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 $91,100 for its deposit of the good faith estimate of
value. Funds for the balance of $58,544.09 including $170 for the Clerk’s 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. - 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 1245RDUE (PDF)
2. P1245RDUE Joint Motion for Stipulated Final Judgment revised (DOCX)
16.K.6
Packet Pg. 2568
12/13/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Doc ID: 23989
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of $125,500 plus
$20,974.09 in statutory attorney fees, apportionment fees, experts’ fees and costs, and an amount not to exceed
$3,000 for additional apportionment costs if needed for the taking of Parcel 1245RDUE 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
11/21/2022 3:48 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
11/21/2022 3:48 PM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 11/22/2022 8:32 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 11/22/2022 8:46 AM
Growth Management Operations Support Gene Shue Additional Reviewer Completed
11/22/2022 10:52 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 11/28/2022 5:42 AM
Growth Management Department Trinity Scott Transportation Completed 11/28/2022 9:30 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/28/2022 10:10 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 11/28/2022 4:57 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 11/30/2022 9:46 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/01/2022 9:07 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 12/05/2022 10:44 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/13/2022 9:00 AM
16.K.6
Packet Pg. 2569
AERIAL – PARCEL 1245RDUE
(Vanderbilt Beach Rd. Ext. Project No. 60168)
/
EXISTING RIGHT-OF-WAY PER PLAT EXISTING RIGHT-OF-WAY PER PLAT PARCEL 1245RDUE
16.K.6.a
Packet Pg. 2570 Attachment: Aerial - Parcel 1245RDUE (23989 : Stipulated Final Judgment for Parcel 1245RDUE)
[20-CA-3740/1753148/1]
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-3740
v. Parcel 1245RDUE
GAMAL A. REYES; MIGDALIA E. REYES; CATHERINE
JONES; HENRY LOWER; MARIE LOWER; FRANK HAWKS;
RUTH HAWKS; JOSE LUIS TREJO, AS TRUSTEE OF THE
JOSE LUIS TREJO FAMILY REVOCABLE TRUST DATED
SEPTEMBER 23, 2011; STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION; PENTAGON
FEDERAL C.U.; GEORGE D. MARTIN; DEBRA E. MARTIN;
BANK OF AMERICA, N.A.
Respondents.
______________________________________________/
JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCEL 1245RDUE
Petitioner, COLLIER COUNTY, and Respondents, GAMAL A. REYES AND
MIGDALIA E. REYES, by and through undersigned counsel, jointly move this Honorable Court
for the entry of the proposed Stipulated Final Judgment as to Parcel 1245RDUE, 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 RESPONDENTS
Colleen.Greene@colliercountyfl.gov kjones@hahnlaw.com
Sheri.Malcolm@colliercountyfl.gov jstone@hahnlaw.com
16.K.6.b
Packet Pg. 2571 Attachment: P1245RDUE Joint Motion for Stipulated Final Judgment revised (23989 : Stipulated Final Judgment for Parcel 1245RDUE)
[20-CA-3740/1753148/1]
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
December 2022.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
16.K.6.b
Packet Pg. 2572 Attachment: P1245RDUE Joint Motion for Stipulated Final Judgment revised (23989 : Stipulated Final Judgment for Parcel 1245RDUE)
[20-CA-3740/1753148/1]
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-3740
v. Parcel 1245RDUE
GAMAL A. REYES; MIGDALIA E. REYES; CATHERINE
JONES; HENRY LOWER; MARIE LOWER; FRANK HAWKS;
RUTH HAWKS; JOSE LUIS TREJO, AS TRUSTEE OF THE
JOSE LUIS TREJO FAMILY REVOCABLE TRUST DATED
SEPTEMBER 23, 2011; STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION; PENTAGON
FEDERAL C.U.; GEORGE D. MARTIN; DEBRA E. MARTIN;
BANK OF AMERICA, N.A.
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1245RDUE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, and Respondents, GAMAL A. REYES AND MIGDALIA E. REYES, by
and through counsel, for entry of a Stipulated Final Judgment as to Parcel 1245RDUE, for Project
No. 60168, and it appearing to the 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 thereupon
ORDERED AND ADJUDGED that:
1. Respondents, GAMAL A. REYES AND MIGDALIA E. REYES, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Hundred Twenty-Five
Thousand Five Hundred Dollars and No/100 ($125,500.00), for Parcel 1245RDUE, as full
16.K.6.b
Packet Pg. 2573 Attachment: P1245RDUE Joint Motion for Stipulated Final Judgment revised (23989 : Stipulated Final Judgment for Parcel 1245RDUE)
[20-CA-3740/1753148/1]
payment for the property interest taken and for any damages resulting to the remainder, if less than
the entire property was taken, subject to apportionment, if any, in connection with said parcel.
2. Respondents, GAMAL A. REYES AND MIGDALIA E. REYES, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Thirteen Thousand Nine
Hundred Dollars and 24/100 ($13,900.24), for all attorney’s fees and costs in connection with
the acquisition of Parcel 1245RDUE. Respondents reserve the right to claim additional attorney
fees and costs incurred as a result of apportionment or supplemental proceedings as authorized
pursuant to Section 73.091, Fla. Stat. and Section 73.092, Fla. Stat.
3. Respondents, GAMAL A. REYES AND MIGDALIA E. REYES, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Seven Thousand Seventy-
Three Dollars and 88/100 ($7,073.85), for all expert fees and costs in connection with the
acquisition of Parcel 1245RDUE, and no other expert fees and/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 deposited in the amount of Ninety-One Thousand One Hundred Dollars
and No/100 ($91,100.00), as payment for acquisition of Parcel 1245RDUE.
5. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall deposit into the Court Registry the total sum of Thirty-Four
Thousand Four Hundred Dollars and No/100 ($34,4000.00), subject to apportionment, if any,
for Parcel 1245RDUE, as referenced in the above paragraphs.
6. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Twenty Thousand Nine Hundred Seventy-
Four Dollars and 12/100 ($20,974.09), for all attorney’s fees, costs, and expert fees associated
with the acquisition of Parcel 1245RDUE, as referenced in the above paragraphs, by mailing a
16.K.6.b
Packet Pg. 2574 Attachment: P1245RDUE Joint Motion for Stipulated Final Judgment revised (23989 : Stipulated Final Judgment for Parcel 1245RDUE)
[20-CA-3740/1753148/1]
check to Hahn Loeser & Parks, LLP, c/o Kenneth A. Jones, Esq., 2400 First Street, Suite 300, Fort
Myers, FL 33901
7. This Order disposes of all claims arising out of the taking of Parcel 1245RDUE,
and that have, or could have, been asserted in this cause.
8. A perpetual non-exclusive road right-of-way, drainage and utility easement taking
of Parcel 1245RDUE being fully described in Exhibit “A” attached hereto and incorporated herein,
which vested in Petitioner pursuant to the Order of Taking dated March 23, 2021, and the deposit
of money heretofore made, is approved, ratified, and confirmed.
9. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 5850, Page 1743 of the Public Records of Collier County, Florida is hereby released
as to Parcel 1245RDUE.
10. The Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
Exhibit “A”
16.K.6.b
Packet Pg. 2575 Attachment: P1245RDUE Joint Motion for Stipulated Final Judgment revised (23989 : Stipulated Final Judgment for Parcel 1245RDUE)