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Agenda 2/14/2023 Item #16K 7 (Settle full compensation for the taking of Parcel 1139FEE required for the xonstruction of the Vanderbilt Beach Road Project)16. K.7 02/14/2023 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment in the total amount of $136,000 plus $35,090.39 in statutory attorney fees, litigation costs, apportionment attorneys' fees, and experts' fees and costs for the taking of Parcel 1139FEE 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 1139FEE 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 1139FEE 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 16t' 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 0.38 acres in extent. The parent tract is improved with a single-family home owned by James Tomblin, and contains 2.5 acres of gross land area, which has been reduced to 2.12 acres after the acquisition. An aerial photograph of the subject property is attached. The County's appraiser estimated full compensation at $96,000, including severance damages. The property owner's initial demand was $222,200 plus attorney's fees and expert fees and costs. The parties participated in mediation, reached impasse, and subsequently reached an agreement prior to trial. The attached Stipulated Final Judgment reflects a negotiated compensation amount of $136,000, plus $24,255 in statutory attorney's fees, $267.44 in litigation costs, $1,010 in apportionment attorneys' fees, and $9,557.95 in expert fees and costs, for a total of $171,090.39. 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 $78,100 for its deposit of the good faith estimate of value. Funds for the balance of $96,160.39, 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. - CMG 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. Aerial - Parcel 1139FEE (PDF) 2. P1139FEE Joint Motion for Stip Final Judgment (DOCX) Packet Pg. 1388 16. K.7 02/14/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.7 Doc ID: 24399 Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of $136,000 plus $35,090.39 in statutory attorney fees, litigation costs, apportionment attorneys' fees, and experts' fees and costs for the taking of Parcel 1139FEE 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: Legal Assistant — County Attorney's Office Name: Wanda Rodriguez 01/13/2023 2:25 PM Submitted by: Title: County Attorney — County Attorney's Office Name: Jeffrey A. Klatzkow 01/13/2023 2:25 PM Approved By: Review: Office of Management and Budget Wanda Rodriguez Level 3 OMB Gatekeeper Review Growth Management Operations Support Tara Castillo Transportation Engineering Growth Management Department Transportation Engineering Growth Management Department County Attorney's Office County Attorney's Office Office of Management and Budget Office of Management and Budget Board of County Commissioners County Manager's Office Jay Ahmad Additional Reviewer Lisa Taylor Additional Reviewer Robert Bosch Additional Reviewer Jeanne Marcella Additional Reviewer Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Colleen Greene Additional Reviewer Debra Windsor Level 3 OMB Gatekeeper Susan Usher Additional Reviewer Geoffrey Willig Meeting Pending Amy Patterson Level 4 County Manager Review Skipped 01/13/2023 2:25 PM Additional Reviewer Completed 02/07/2023 8:44 AM Completed 02/07/2023 8:45 AM Completed 02/07/2023 8:45 AM Completed 02/07/2023 8:59 AM Completed 02/07/2023 9:10 AM Completed 02/07/2023 9:58 AM Completed 02/07/2023 1:12 PM Completed 02/07/2023 10:18 AM Completed 02/07/2023 1:32 PM 02/14/2023 9:00 AM Completed 02/08/2023 9:22 AM Packet Pg. 1389 AERIAL - PARCEL 1139FEE 16. K.7.a (Vanderbilt Beach Rd. Ext. Project No. 60165) t " x 4 ik LIM � �_•. ��' �..�.r,t�,•�,'�. �. �� —!' Ali[ i. i. '� alter .P�►�r:f"' �. ��h 'r.' 1p WA �. ..� •�. `[^ + 1. Ja , PARCEL 1139FEE - i v r, 1� i, IL ilk .; N _ � v `' ; � WE LLI LU LL CD Cl) a� cc a R a C N t V 2 r Q Packet Pg. 1390 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 1139FEE LUIS GOMEZ; ET AL Respondents. JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO PARCEL 1139FEE Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, JAMES TOMBLIN, by and through undersigned counsel, hereby respectfully move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel 1139FEE attached hereto as Exhibit "1". 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. NO COLLEEN M. GREENE, ESQ. [21-CA-660/1766010/1] Packet Pg. 1391 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. LUIS GOMEZ; ET AL Respondents. Case No.: 21-CA-660 Parcel 1139FEE STIPULATED FINAL JUDGMENT AS TO PARCEL 1139FEE THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, and Respondent, JAMES TOMBLIN, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel 1139FEE 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, JAMES TOMBLIN, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Hundred Thirty -Six Thousand Dollars and No/100 ($136,000.00) for Parcel 1139FEE, subject to apportionment, if any, as full payment for the property interest taken, in connection with said Parcel. 2. Respondent, JAMES TOMBLIN, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Twenty -Four Thousand Two Hundred Fifty -Five Dollars and No/100 ($24,255.00), for all attorney fees and costs associated with the acquisition of Parcel 1139FEE, plus the sum of One Thousand Ten Dollars and No/100 ($1,010.00), for apportionment fees associated with the acquisition of Parcel 1139FEE, plus the sum of Two Hundred Sixty -Seven Dollars and 44/100 ($267.44), for litigation costs. Respondent reserves [21-CA-660/1766010/1] Packet Pg. 1392 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, JAMES TOMBLIN, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Nine Thousand Five Hundred Fifty -Seven Dollars and 95/100 ($9,557.95), for all expert fees and costs associated with the acquisition of Parcel 1139FEE, 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 Seventy -Eight Thousand One Hundred Dollars and No/100 ($78,100.00), as payment for the acquisition of Parcel 1139FEE, 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 Thirty -Five Thousand Ninety Dollars and 39/100 ($35,090.39), 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 -Seven Thousand Nine Hundred Dollars and No/100 ($57,900.00) into the Court Registry, representing the total sum due for the acquisition of Parcel 1139FEE, 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. [21-CA-660/1766010/1] Packet Pg. 1393 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 1139FEE 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 17, 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 1139FEE. 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 1139 FEE A PORTION OF TRACT 91, GOLDEN GATE ESTATES UNIT 18, AS RECORDED IN PLAT EOQK 7, PAGE 7& tOR 1THF PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 34, TOWNSHIP 48 SOUTH. RANGE ?t�'a"LL"rOUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ti �'... ...+,. ` '�; THE SOUTH 100 FEET OF THE EAST HALF OF SAID TRACT 91. : ��tIflCf� •+ �4�� CONTAINING 16,504 SQUARE FEET, MORE OR LESS. - [21-CA-660/1766010/1] Packet Pg. 1394