Agenda 2/14/2023 Item #16K 6 (Settle full compensation for the taking of Parcel 1123FEE required for the construction of the Vanderbilt Beach Road Extension Project No. 60168)16. K.6
02/ 14/2023
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $103,000 plus $29,006.96 in
statutory attorney fees, litigation costs, apportionment attorneys' fees, and experts' fees and costs for the
taking of Parcel 1123FEE required for the Vanderbilt Beach Road Extension Project No. 60168, and
delegate authority to the County Manager or their designee to process payment of additional statutory
attorney's fees for supplemental proceedings not to exceed $3,000, if any, as authorized by Ch. 73, Fla. Stat.
OBJECTIVE: To settle full compensation for the taking of Parcel 1123FEE 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 1123FEE 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, southerly boundary of the property and is approximately 0.24 acres in extent. The
parent tract is improved with a single-family home owned by Emily Schaefer, and contains 1.59 acres of gross land
area, which has been reduced to 1.35 acres after the acquisition. An aerial photograph of the subject property is
attached. The County's appraiser estimated full compensation at $63,900, including severance damages. The
property owner's initial demand was $172,800, 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 $103,000, plus $20,229 in statutory attorney's fees, $267.46 in litigation costs, $846.50 in
apportionment attorneys' fees, and $7,664 in expert fees and costs, for a total of $132,006.96.
Pursuant to Ch. 73, Fla. Stat., Respondent is entitled to additional attorney's fees for supplemental proceedings, if
any, including disbursement and apportionment proceedings. This Executive Summary authorizes the County
Manager or her designee to process payment of additional statutory attorney's fees for supplemental proceedings, if
any, pursuant to Sections 73.091 and 73.092, Fla. Stat., but not to exceed $3,000.
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 $47,300 for its deposit of the good faith estimate of
value. Funds for the balance of $84,876.96, which includes the Clerk's $170.00 deposit fee, and attorney's fees for
supplemental proceedings not to exceed $3,000, if any, 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, and delegate authority to the County Manager or their designee to process
payment of additional statutory attorney's fees for supplemental proceedings, if any, as authorized by Ch. 73, Fla.
Stat., but not to exceed $3,000.
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering Division
ATTACHMENT(S)
1. P1123FEE Joint Motion for Stip Final Judgment(1) (DOCX)
2. Aerial - Parcel 1123FEE (PDF)
Packet Pg. 1381
16. K.6
02/14/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Doc ID: 24510
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of $103,000 plus
$29,006.96 in statutory attorney fees, litigation costs, apportionment attorneys' fees, and experts' fees and costs for
the taking of Parcel 1123FEE required for the Vanderbilt Beach Road Extension Project No. 60168, and delegate
authority to the County Manager or their designee to process payment of additional statutory attorney's fees for
supplemental proceedings not to exceed $3,000, if any, as authorized by Ch. 73, Fla. Stat.
Meeting Date: 02/14/2023
Prepared by:
Title: — County Attorney's Office
Name: Madison Bird
01/24/2023 4:37 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
01/24/2023 4:37 PM
Approved By:
Review:
Transportation Engineering
Jay Ahmad
Additional Reviewer
Transportation Engineering
Robert Bosch
Additional Reviewer
Growth Management Department
Lisa Taylor
Additional Reviewer
Growth Management Operations Support
Tara Castillo
County Attorney's Office
Sally Ashkar
Level 2 Attorney Review
Growth Management Department
Trinity Scott
Transportation
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
County Manager's Office
Ed Finn
CMO Completed
Office of Management and Budget
Susan Usher
Additional Reviewer
County Manager's Office
Amy Patterson
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Completed
01/25/2023 7:10 AM
Completed
01/25/2023 8:12 AM
Completed
01/25/2023 9:34 AM
Additional Reviewer
Completed
01/25/2023 9:59 AM
Completed
01/25/2023 2:24 PM
Completed
01/27/2023 10:09 AM
Completed
01/27/2023 10:32 AM
Completed
01/27/2023 10:41 AM
01 /31 /2023 8:02 PM
Completed
02/02/2023 1:44 PM
Completed
02/06/2023 4:13 PM
02/14/2023 9:00 AM
Packet Pg. 1382
16. K.6.a
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-660
V. Parcel 1123FEE
LUIS GOMEZ; ET AL
Respondents.
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1123FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, EMILY
SCHAEFER, by and through undersigned counsel, hereby respectfully move this Court for the
entry of the foregoing Stipulated Final Judgment as to Parcel 1123FEE attached hereto as Exhibit
COLLEEN M. GREENE, ESQ.
Florida Bar No. 502650
Collier County Attorney's Office
3299 E. Tamimi Trail, Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Colleen.Greene@colliercountyfl.gov
Sheri.Malcolm@colliercountyfl.gov
/s/ KENNETH A. JONES
KENNETH A. JONES, ESQ
Florida Bar No. 200158
Hahn Loeser & Parks, LLP
2400 First Street, Suite 300
Fort Myers, FL 33901-2904
Telephone: (239) 337-6727
COUNSEL FOR RESPONDENTS
kjones@hahnlaw.com
jstone@hahnlaw.com
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
February 2023.
IM
COLLEEN M. GREENE, ESQ.
[2 1 -CA-660/1765653/1 ] Packet Pg. 1383
16. K.6.a
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-660
V. Parcel 1123FEE
LUIS GOMEZ; ET AL
Respondents.
STIPULATED FINAL JUDGMENT AS TO PARCEL 1123FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, EMILY SCHAEFER, by and through counsel,
for the entry of a Stipulated Final Judgment as to Parcel 1123FEE 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, EMILY SCHAEFER, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of One Hundred Three Thousand Dollars and No/100
($103,000.00) for Parcel 1123FEE, subject to apportionment, if any, as full payment for the
property interest taken, in connection with said Parcel.
2. Respondent, EMILY SCHAEFER, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the sum of Twenty Thousand Two Hundred Twenty -Nine Dollars and
No/100 ($20,229.00), for all attorney fees and costs associated with the acquisition of Parcel
1123FEE, plus the sum of Eight Hundred Forty -Six Dollars and 50/400 ($846.50), for
apportionment fees associated with the acquisition of Parcel 1123FEE, plus the sum of Two
Hundred Sixty -Seven Dollars and 46/100 ($267.46), for litigation costs. Respondent reserves
[21-CA-660/1765653/1] Packet Pg. 1384
16. K.6.a
the right to claim additional attorney fees incurred as a result of apportionment or supplemental
proceedings as authorized pursuant to Section 73.091, Fla. Stat. and Section 73.092, Fla. Stat., in
an amount not to exceed $3,000.
3. Respondent, EMILY SCHAEFER, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Seven Thousand Six Hundred Sixty -Four Dollars and
No/100 ($7,664.00), for all expert fees and costs associated with the acquisition of Parcel
1123FEE, 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 Forty -Seven Thousand Three
Hundred Dollars and No/100 ($47,300.00), as payment for the acquisition of Parcel 1123FEE,
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 Twenty -Nine Thousand Six Dollars and 96/100
($29,006.96), representing the total sum due for attorney's fees, all costs, and expert fees, by
mailing a check to Hahn Loeser & Parks, LLP, c/o Kenneth A. Jones, Esq., 2400 First Street, Suite
300, Fort Myers, FL 33901.
6. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall deposit the total amount of Fifty -Five Thousand Seven Hundred
Dollars and No/100 ($55,700.00) into the Court Registry, representing the total sum due for the
acquisition of Parcel 1123FEE, subject to apportionment, if any.
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. 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 VBR up to 6-lanes.
[2 1 -CA-660/1765653/1 ] Packet Pg. 1385
16. K.6.a
8. Although the property now falls below the minimum lot size of 2.25 acres as a
result of the Vanderbilt Beach Road public acquisition, the rights and entitlements of the property
shall remain the same as prior to the Vanderbilt Beach Road public acquisition, and the property
shall remain legal and buildable. Pursuant to Collier County Land Development Code Section
9.03.07.C., lots where the public acquisition reduces the required minimum yard, lot coverage or
lot dimensions can have reduced dimensions equal to that of the acquisition area.
9. This Order disposes of all claims arising out of the taking of Parcel 1123FEE that
have or could have been asserted in this cause.
10. 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 18, 2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
11. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5904, Page 2825 of the Public Records of Collier County, Florida be dismissed as to Parcel
1123FEE.
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 FOR PARCEL 1 123 FEE % I I I r I
A PORTION OF TRACT 59, GOLDEN GATE ESTATES UNIT 18. AS RECORDED IN PLAT B00K 7, PA�rE'1. �0b6 IC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 34, TOWNSHIP 48 SOUTH, RANGEr,7.FE 1�l�'•k�6 J C ITY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ti �rtifi�� •., �
THE SOUTH 100 FEET OF THE EAST 105 FEET OF SAID TRACT 59.L9 ; Q
J� �i • -
CONTAINING 10,500 SCUARE FEET. MORE OR LESS. CD LO
[21-CA-660/1765653/1] Packet Pg. 1386
E
AERIAL - PARCEL 1123FEE
(Vanderbilt Beach Rd. Ext. Project No. 60168)
' PARCEL 1123FEE
I Packet Pg. 1387