Agenda 01/10/2023 Item #16K5 (To settle full compensation for the taking of Parcel 1130FEE required for the construction of the Vanderbilt Beach Road Extension Project No. 60168)16. K.5
01 / 10/2023
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $129,000 plus $25,468 in
statutory attorney and experts' fees and costs, for the taking of Parcel 1130FEE required for the Vanderbilt
Beach Road Extension Project No. 60168.
OBJECTIVE: To settle full compensation for the taking of Parcel 1130FEE 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 1130FEE 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 rear, northerly boundary of the property and is approximately 0.34 acres in extent. The
parent tract is improved with a single-family home owned by HPA Borrower 2016 ML LLC, and contains 2.27
acres of gross land area, which has been reduced to 1.93 acres after the acquisition. An aerial photograph of the
subject property is attached. The County's appraiser estimated full compensation at $94,900, including severance
damages. The property owner's initial demand was $164,120, plus attorney's fees and expert fees and costs. The
parties participated in informal negotiations and reached an agreement. The attached Stipulated Final Judgment
reflects a negotiated compensation amount of $129,000, plus $22,968 in statutory attorney's fees and $2,500 in
expert fees and costs, for a total of $154,468.
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 $89,000 for its deposit of the good faith estimate of
value. Funds for the balance of $65,638, 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 Depiction 1130FEE (PDF)
2. P1130FEE - Joint Motion for Stipulated Final Judgment(1) (DOCX)
Packet Pg. 1298
16. K.5
01/10/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doe ID: 24235
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of $129,000 plus
$25,468 in statutory attorney and experts' fees and costs, for the taking of Parcel 1130FEE required for the
Vanderbilt Beach Road Extension Project No. 60168.
Meeting Date: 01/10/2023
Prepared by:
Title: — County Attorney's Office
Name: Madison Bird
12/28/2022 3:39 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
12/28/2022 3:39 PM
Approved By:
Review:
Growth Management Operations Support Tara Castillo
Transportation Engineering
Transportation Engineering
Growth Management Department
Growth Management Department
County Attorney's Office
Office of Management and Budget
County Attorney's Office
County Manager's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Robert Bosch
Additional Reviewer
Jay Ahmad
Additional Reviewer
Madison Bird
Additional Reviewer
Jeanne Marcella
Transportation
Sally Ashkar
Level 2 Attorney Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Ed Finn
CMO Completed
Susan Usher
Additional Reviewer
Geoffrey Willig
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Additional Reviewer Completed
12/28/2022 3:44 PM
Completed
12/28/2022 3:47 PM
Completed
12/29/2022 8:21 AM
Skipped
12/29/2022 8:40 AM
Completed
12/29/2022 8:45 AM
Completed
12/29/2022 11:30 AM
Completed
12/29/2022 12:43 PM
Completed
12/30/2022 8:51 AM
01/02/2023 4:16 PM
Completed
01/03/2023 9:39 AM
Completed
01/03/2023 10:37 AM
01/10/2023 9:00 AM
Packet Pg. 1299
16. K.5.a
AERIAL — PARCEL 1130FEE
Vanderbilt Beach Rd. Ext. Pro-ect No. 6016$
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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.: 21-CA-1940
Parcel 1130FEE
BRIGHTSUN INVESTMENTS, LLC; FIRST NATIONAL
BANK OF SOUTH MIAMI; MATTHEW H. PARISH;
BREANNA L. PARISH; INTERCITY STATE BANK;
HPA BORROWER 2016 ML LLC; METROPOLITAN
LIFE INSURANCE COMPANY; UNKNOWN TENANT(S)
Respondents.
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1130FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, HPA
BORROWER 2016 ML LLC, by and through undersigned counsel, hereby respectfully move this
Court for the entry of the foregoing Stipulated Final Judgment as to Parcel 1130FEE attached
hereto as Exhibit "1".
COLLEEN M. GRENE, ESQ.
Florida Bar No. 502650
SALLY A. ASHKAR
Florida Bar No. 1007665
Collier County Attorney's Office
3299 East Tamiami Trail, Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
Facsimile: (239) 774-0225
COUNSEL FOR PETITIONER
Colleen. Greene&colliercountyfl. gov
S ally.Ashkar(a, colliercountyfl. gov
Sheri. Malcolm&colliercountyfl. gov
/s/Katina M. Hardee
KATINA M. HARDEE, ESQ.
Florida Bar No. 0016069
Lewis Brisbois Bisgaard & Smith LLP
110 SE 6ch Street, Suite 2600
Fort Lauderdale, FL 33134
Telephone 954-728-1280
Facsimile: 954-728-1282
COUNSEL FOR RESPONDENT
Katina.Hardee&lewisbrisbois.com
ftlemaildesig(aa,lewisbrisbois.com
[2 1 -CA- 1940/1759513/1 ]
Packet Pg. 1301
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 January
2023.
LE
SALLY A. ASHKAR, ESQ
[21-CA-1940/1759513/1] Packet Pg. 1302
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.: 21-CA-1940
V. Parcels: 1130FEE
BRIGHTSUN INVESTMENTS, LLC; FIRST NATIONAL
BANK OF SOUTH MIAMI; MATTHEW H. PARISH;
BREANNA L. PARISH; INTERCITY STATE BANK;
HPA BORROWER 2016 ML LLC; METROPOLITAN
LIFE INSURANCE COMPANY; UNKNOWN TENANT(S)
Respondents.
STIPULATED FINAL JUDGMENT (with disbursements) AS TO PARCEL 1130FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, HPA BORROWER 2016 ML LLC, by and
through counsel, for the entry of a Stipulated Final Judgment as to Parcel 1130FEE 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. Respondent, HPA BORROWER 2016 ML LLC, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of One Hundred Twenty -Nine Thousand
Dollars and No/100 ($129,000.00) for Parcel 1130FEE, as full payment for the property interest
taken, and any and all business damages, in connection with said parcel, subject to apportionment,
if any.
2. Respondent, HPA BORROWER 2016 ML LLC, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Twenty -Two Thousand Nine Hundred
[2 1 -CA- 1940/1759513/1 ] Packet Pg. 1303
Sixty -Eight Dollars and No/100 ($22,968.00), for all attorney fees and costs associated with the
acquisition of Parcel 1130FEE.
3. Respondent, HPA BORROWER 2016 ML LLC, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Two Thousand Five Hundred Dollars and
No/100 ($2,500.00), for all expert fees and costs associated with the acquisition of Parcel
1130FEE, 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 Eighty -Nine Thousand Dollars and
No/100 ($89,000.00), as payment for the acquisition of Parcel I I30FEE, 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 Sixty -Five Thousand Four Hundred Sixty -
Eight Dollars and No/100 ($65,468.00), as payment for acquisition of Parcel 1130FEE, and all
attorney's fees and costs, by issuing a check made payable to Lewis Brisbois Bisgaard & Smith
LLP Trust Account, and mailing it to: Attn. Katina Hardee, Esq., 110 SE 6th Street, Suite 2600,
Fort Lauderdale, FL 33134.
6. Within thirty (30) days from the entry of this Order, the Clerk of Courts shall
disburse from the Court Registry as follows:
a. The Clerk shall disburse the sum of $87.30 (based on a $0.30 per day for 291 days
for Jan. 1, 2021, through October 18, 2021, 2021, the date of deposit,) to the Collier County Tax
Collector.
b. The Clerk shall disburse the remaining balance of $88,912.70 to Lewis Brisbois
Bisgaard & Smith LLP Trust Account, c/o Katina Hardee, Esq., 110 SE 6th Street, Suite 2600, Fort
Lauderdale, FL 33134.
[2 1 -CA- 1940/1759513/1 ] Packet Pg. 1304
7. This Order disposes of all claims arising out of the taking of Parcel 1130FEE that
have or could have been asserted in this cause.
8. A fee simple taking, being fully described in Composite Exhibit "A" attached
hereto and incorporated herein, which vested in Petitioner pursuant to the Stipulated Order of
Taking dated October 1, 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
5988, Page 476 of the Public Records of Collier County, Florida be dismissed as to Parcel
1130FEE.
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.
12. This matter is dismissed as to Unknown Tenant(s).
Exhibit "A"
LEGAL DESCRIPTION FOR PARCEL 1130 FEE
A PORTION OF TRACT 71, GOLDEN GATE ESTATES UNIT 18. AS RECORDED IN PLAT BOOK 7, PAGE 7, OF THE PUBLIC
RECORDS OF COLLIER COUtM, FLORIDA, LYING IN SECTION 34. TOWNSHIP 48 SOUTH, RANGE 27 EAST. COLLIER
COUNTY, FLDRIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTH 100 FEET OF THE EAST 150 FEET OF SAID TRACT 71.46
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CONTAINING 15,000 SQUARE FEET, MORE OR LESS. * ; '••.�`
[21-CA-1940/1759513/1] Packet Pg. 1305