Agenda 12/13/2022 Item #16K12 (Final judgement for the Vanderbilt Beach Road Extention Project)12/13/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $131,250 plus $31,575 in
statutory attorney and experts’ fees and costs for the taking of Parcel 116FEE required for the Vanderbilt
Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 116FEE 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 116FEE 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 approxima tely 0.52 acres in
extent. The parent tract is improved with a single-family home and associated improvements owned by Greg Taras
and contained 2.86 acres of gross land area, which was reduced to 2.34 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
$68,000 not including severance damages. The property owner’s initial demand was $209,700 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 negotiated compensation amount of
$131,250 plus $27,769.50 in statutory attorney’s fees and $3,805.50 in expert fees and costs for a total of $162,825.
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 $62,800 for its deposit of the good faith estimate of
value. Funds for the balance of $100,025 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 116FEE (PDF)
2. P116FEE - Joint Motion for Stipulated Final Judgment - revised (DOCX)
16.K.12
Packet Pg. 2643
12/13/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.12
Doc ID: 24084
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of $131,250 plus
$31,575 in statutory attorney and experts’ fees and costs for the taking of Parcel 116FEE 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
12/05/2022 4:43 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
12/05/2022 4:43 PM
Approved By:
Review:
Growth Management Operations Support Tara Castillo Additional Reviewer Completed
12/06/2022 9:21 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 12/06/2022 10:30 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 12/06/2022 10:31 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 12/06/2022 1:07 PM
Growth Management Department Trinity Scott Transportation Completed 12/06/2022 1:54 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/06/2022 2:11 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 12/06/2022 4:13 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/07/2022 8:17 AM
Office of Management and Budget Geoffrey Willig Additional Reviewer Skipped 12/07/2022 4:32 PM
County Manager's Office Ed Finn Additional Reviewer Completed 12/07/2022 4:33 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 12/07/2022 4:36 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/13/2022 9:00 AM
16.K.12
Packet Pg. 2644
VANDERBILT BEACH ROAD EXTENSION
PROJECT 60168‐PARCEL 116FEE
/
PARCEL 116FEE
16.K.12.a
Packet Pg. 2645 Attachment: Aerial - Parcel 116FEE (24084 : Stipulated Final Judgment for Parcel 116FEE)
[20-CA-4066/1757406/1]
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-4066
v. Parcel 116FEE
ROBERT SPANO; DARLENE SPANO; SUNCOAST
CREDIT UNION; SENTINEL STORM PROTECTION;
GREG TARAS; JAMI PEARL TORRELLA; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC; BRIGHTSUN
INVESTMENTS, LLC; FIRST NATIONAL BANK OF SOUTH MIAMI;
ALAMO INVESTMENT PROPERTIES LLC
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 116FEE
Petitioner, COLLIER COUNTY, and Respondent, GREG TARAS, by and through
undersigned counsel, jointly move this Honorable Court for the entry of the proposed Stipulated
Final Judgment as to Parcel 116FEE, attached hereto as Exhibit “1”.
____________________________ /s/ Summer E. DeGel_____
COLLEEN M. GREENE, ESQ. SUMMER E. DEGEL, ESQ
Florida Bar No. 502650 Florida Bar No. 0106536
Collier County Attorney’s Office Gray Robinson, PA,
3299 E. Tamimi Trail, Suite 800 PO Box 3068
Naples, FL 34112 Orlando, FL 32802
Telephone: (239) 252-8400 Telephone: (407) 843-8880
COUNSEL FOR PETITIONER COUNSEL FOR RESPONDENT
Colleen.Greene@colliercountyfl.gov Summer.DeGel@gray-robinson.com
Sheri.Malcolm@colliercountyfl.gov
16.K.12.b
Packet Pg. 2646 Attachment: P116FEE - Joint Motion for Stipulated Final Judgment - revised (24084 : Stipulated Final Judgment for Parcel 116FEE)
[20-CA-4066/1757406/1]
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.12.b
Packet Pg. 2647 Attachment: P116FEE - Joint Motion for Stipulated Final Judgment - revised (24084 : Stipulated Final Judgment for Parcel 116FEE)
[20-CA-4066/1757406/1]
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-4066
v. Parcel 116FEE
ROBERT SPANO; DARLENE SPANO; SUNCOAST
CREDIT UNION; SENTINEL STORM PROTECTION;
GREG TARAS; JAMI PEARL TORRELLA; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC; BRIGHTSUN
INVESTMENTS, LLC; FIRST NATIONAL BANK OF SOUTH MIAMI;
ALAMO INVESTMENT PROPERTIES LLC
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 116FEE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, and Respondent, GREG TARAS, by and through counsel, for the entry of
a Stipulated Final Judgment as to Parcel 116FEE, 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. Respondent, GREG TARAS, shall recover from Petitioner, COLLIER COUNTY,
FLORIDA, the total sum of One Hundred Thirty-One Thousand Two Hundred Fifty Dollars
and No/100 ($131,250.00) for the acquisition of Parcel 116FEE, as full payment for the property
interest taken, including any and all business damages, in connection with said Parcel.
2. Respondent, GREG TARAS, shall recover from Petitioner, COLLIER COUNTY,
FLORIDA, the total sum of Twenty-Seven Thousand Seven Hundred Sixty-Nine Dollars and
16.K.12.b
Packet Pg. 2648 Attachment: P116FEE - Joint Motion for Stipulated Final Judgment - revised (24084 : Stipulated Final Judgment for Parcel 116FEE)
[20-CA-4066/1757406/1]
50/100 ($27,769.50), for all attorney fees and costs associated with the acquisition of Parcel
116FEE.
3. Respondent, GREG TARAS, shall recover from Petitioner, COLLIER COUNTY,
FLORIDA, the total sum of Three Thousand Eight Hundred Five Dollars and 50/100
($3,805.50), for all expert fees and costs associated with the acquisition of Parcel 116FEE, 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 Sixty-Two Thousand Eight
Hundred Dollars and No/100 ($62,800.00), as payment for the acquisition of Parcel 116FEE, 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 Thousand Twenty-Five Dollars
and No/100 ($100,025.00), representing the total sum due for the acquisition of Parcel 116FEE,
attorney’s fees, costs, and expert fees, by issuing a check to Gray Robinson PA Trust Account,
and mailing the check to Gray Robinson, PA, c/o Summer DeGel, Esq., 301 E. Pine Street, Suite
1400, Orlando, FL 32801.
6. Petitioner will construct the project in substantial conformance with the 100 percent
construction plans for the project, dated 10/16/21, 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 VRB up to 6-lanes. If Petitioner does not construct its project in
accordance with said plans, notwithstanding anything to the contrary, Respondent shall have the
16.K.12.b
Packet Pg. 2649 Attachment: P116FEE - Joint Motion for Stipulated Final Judgment - revised (24084 : Stipulated Final Judgment for Parcel 116FEE)
[20-CA-4066/1757406/1]
same remedies, including damages, fees, and costs, as would have been afforded to him had the
case been resolved by verdict, with said plans having been made a part of the record at trial.
Central & Southern Florida Flood Control District v. Wye River Farms, Inc., 297 So. 2d 323 (Fla.
4th DCA 1974); cert. denied 310 So. 2d 745 (Fla. 1975).
7. This Order disposes of all claims arising out of the taking of Parcel 116FEE that
have or could have been asserted in this cause.
8. 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
June 11, 2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
9. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5868, Page 1162 of the Public Records of Collier County, Florida be dismissed as to Parcel
116FEE.
10. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
11. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Exhibit “A”
16.K.12.b
Packet Pg. 2650 Attachment: P116FEE - Joint Motion for Stipulated Final Judgment - revised (24084 : Stipulated Final Judgment for Parcel 116FEE)
12/13/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $171,000 for the taking of Parcel
1110FEE required for the Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1110FEE 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 1110FEE 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 .38 acres in extent.
The parent tract is improved with a single-family home and associated improvements owned by Luis Gomez and
contained 2.50 acres of gross land area, which was reduced to 2.12 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 $171,000
including severance damages. The parties participated in informal negotiations and the pro se property owner
agreed to accept the County’s date of deposit appraisal as full compensation subject to Board approva l. The
attached Stipulated Final Judgment reflects full compensation amount of $171,000. The property owner was not
represented by attorney so there are no statutory attorney fees or expert witness fees.
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 $144,100 for its deposit of the good faith estimate of
value and an additional credit of $1,455.60 for taxes paid on the property. Funds for the balance of $25,444.40 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. Signed Joint Motion (PDF)
2. Aerial 1110FEE (PDF)
16.K.13
Packet Pg. 2651
12/13/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.13
Doc ID: 24085
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of $171,000 for the
taking of Parcel 1110FEE 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
12/06/2022 10:54 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
12/06/2022 10:54 AM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 12/06/2022 12:38 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 12/06/2022 1:08 PM
Growth Management Operations Support Tara Castillo Additional Reviewer Completed
12/06/2022 1:15 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 12/06/2022 1:16 PM
Growth Management Department Trinity Scott Transportation Completed 12/06/2022 1:54 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/06/2022 2:10 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 12/06/2022 4:14 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/07/2022 8:16 AM
County Manager's Office Ed Finn CMO Completed 12/07/2022 4:31 PM
Office of Management and Budget Geoffrey Willig Additional Reviewer Skipped 12/07/2022 4:33 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 12/07/2022 4:36 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/13/2022 9:00 AM
16.K.13
Packet Pg. 2652
16.K.13.a
Packet Pg. 2653 Attachment: Signed Joint Motion (24085 : Stipulated Final Judgment for Parcel 1110FEE)
16.K.13.a
Packet Pg. 2654 Attachment: Signed Joint Motion (24085 : Stipulated Final Judgment for Parcel 1110FEE)
16.K.13.a
Packet Pg. 2655 Attachment: Signed Joint Motion (24085 : Stipulated Final Judgment for Parcel 1110FEE)
16.K.13.a
Packet Pg. 2656 Attachment: Signed Joint Motion (24085 : Stipulated Final Judgment for Parcel 1110FEE)
VANDERBILT BEACH ROAD EXTENSION
PROJECT 60168‐PARCEL 1110FEE
/
PARCEL 1110FEE
16.K.13.b
Packet Pg. 2657 Attachment: Aerial 1110FEE (24085 : Stipulated Final Judgment for Parcel 1110FEE)