Agenda 04/25/2023 Item #16K 2 (Compensation for the taking of Parcel 1268RDUE required for the construction of the Vanderbilt Beach Road Extenstion Project No. 60168)04/25/2023
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $8,600 plus $8,513.36 in
statutory attorney fees, litigation costs, apportionment attorneys’ fees, and experts’ fees and costs for the
taking of Parcel 1268RDUE required for the Vanderbilt Beach Road Extension Project No. 60168, and an
amount not to exceed $3,000 for additional apportionment costs if needed for the taking of Parcel 1268RDUE
required for the Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1268RDUE 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 1268RDUE 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 easement area consists of a
perpetual, non-exclusive, road right-of-way, drainage, and utility easement along the westerly boundary of the
property and is approximately .026 acres in extent. The parent tract is unimproved property owned by Oswaldo M.
Fernandez Echeverria and Beatriz Castanet Vizcaino and contains 1.17 acres of gross land area. An aerial
photograph of the subject property is attached. The County’s in-house review appraiser estimated full
compensation at $1,900, not including severance damages. The property owner’s initial demand was $12,300,
including severance damages, plus attorney’s fees and expert fees and costs. The parties participated in informal
negotiations and reached settlement subject to approval by the Board of County Commissioners. The attached
Stipulated Final Judgment reflects a negotiated compensation amount of $8,600, plus $2,508 in statutory atto rney’s
fees, $267.74 in litigation costs, $750 in apportionment attorney’s fees, and $4,987.62 in expert fees and costs, for a
total of $17,113.36.
Pursuant to Ch. 73, Fla. Stat., Respondent is entitled to additional attorney’s fees for supplemental proce edings, 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 $1,300 for its deposit of the good faith estimate of value.
Funds for the balance of $15,813.36 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. P1268RDUE Joint Motion for Stip Final Judgment (DOCX)
2. Aerial - Parcel 1268RDUE(1) (PDF)
16.K.2
Packet Pg. 2154
04/25/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2
Doc ID: 24839
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of $8,600 plus
$8,513.36 in statutory attorney fees, litigation costs, apportionment attorneys’ fees, and experts’ fees and costs for
the taking of Parcel 1268RDUE required for the Vanderbilt Beach Road Extension Project No. 60168, and an
amount not to exceed $3,000 for additional apportionment costs if needed for the taking of Parcel 1268RDUE
required for the Vanderbilt Beach Road Extension Project No. 60168.
Meeting Date: 04/25/2023
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
03/02/2023 3:50 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/02/2023 3:50 PM
Approved By:
Review:
Growth Management Department Lisa Taylor Additional Reviewer Completed 04/18/2023 8:00 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 04/18/2023 8:01 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 04/18/2023 8:46 AM
Growth Management Operations Support Madison Bird Additional Reviewer Skipped
04/18/2023 9:05 AM
Growth Management Department Trinity Scott Transportation Completed 04/18/2023 9:08 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 04/18/2023 10:11 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/18/2023 10:41 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/18/2023 10:49 AM
Community & Human Services Maggie Lopez Additional Reviewer Completed 04/19/2023 9:10 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 04/19/2023 9:11 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/25/2023 9:00 AM
16.K.2
Packet Pg. 2155
[20-CA-3651/1781904/1]
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-3651
v. Parcel 1268RDUE
GEORGE HERRERA; TANAIRIS HERRERA; FIFTH
THIRD BANK, NA; EPIC ROOFING AND EXTERIORS;
ESTATE OF GEORGE R. VACCA; OSWALDO M.
FERNANDEZ ECHEVERRIA; BEATRIZ CASTANET
VIZCAINO; PATRICIA PAMELA CUNNINGHAM;
GOLDEN GATE OF NAPLES, INC.
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1268RDUE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, OSWALDO M.
FERNANDEZ ECHEVERRIA AND BEATRIZ CASTANET VIZCAINO, by and through
undersigned counsel, hereby respectfully move this Court for the entry of the foregoing Stipulated
Final Judgment as to Parcel 1268RDUE 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
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
April 2023.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
16.K.2.a
Packet Pg. 2156 Attachment: P1268RDUE Joint Motion for Stip Final Judgment (24839 : Stipulated Final Judgment for Parcel 1268RDUE)
[20-CA-3651/1781904/1]
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-3651
v. Parcel 1268RDUE
GEORGE HERRERA; TANAIRIS HERRERA; FIFTH
THIRD BANK, NA; EPIC ROOFING AND EXTERIORS;
ESTATE OF GEORGE R. VACCA; OSWALDO M.
FERNANDEZ ECHEVERRIA; BEATRIZ CASTANET
VIZCAINO; PATRICIA PAMELA CUNNINGHAM;
GOLDEN GATE OF NAPLES, INC.
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1268RDUE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, OSWALDO M. FERNANDEZ
ECHEVERRIA AND BEATRIZ CASTANET VIZCAINO, by and through counsel, for the entry
of a Stipulated Final Judgment as to Parcel 1268RDUE 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. Respondents, OSWALDO M. FERNANDEZ ECHEVERRIA AND BEATRIZ
CASTANET VIZCAINO, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the
total sum of Eight Thousand Six Hundred Dollars and No/100 ($8,600.00) for Parcel
1268RDUE as full payment for the property interest taken, in connection with said Parcel.
2. Respondents, OSWALDO M. FERNANDEZ ECHEVERRIA AND BEATRIZ
CASTANET VIZCAINO, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the
sum of Two Thousand Five Hundred Eight Dollars and No/100 ($2,508.00), for all attorney
16.K.2.a
Packet Pg. 2157 Attachment: P1268RDUE Joint Motion for Stip Final Judgment (24839 : Stipulated Final Judgment for Parcel 1268RDUE)
[20-CA-3651/1781904/1]
fees, plus Two Hundred Sixty-Seven Dollars and 74/100 ($267.74) for costs, plus Seven
Hundred Fifty Dollars and No/100 ($750.00) for apportionment fees associated with the
acquisition of Parcel 1268RDUE.
3. Respondents, OSWALDO M. FERNANDEZ ECHEVERRIA AND BEATRIZ
CASTANET VIZCAINO, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the
total sum of Four Thousand Nine Hundred Eighty-Seven Dollars and 62/100 ($4,987.62), for
all expert fees and costs associated with the acquisition of Parcel 1268RDUE, 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 One Thousand Three Hundred
Dollars and No/100 ($1,300.00), as payment for the acquisition of Parcel 1268RDUE, 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 Fifteen Thousand Eight Hundred Thirteen
Dollars and 36/100 ($15,813.36), 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. This Order disposes of all claims arising out of the taking of Parcel 1268RDUE that
have or could have been asserted in this cause.
7. A perpetual non-exclusive road right-of-way, drainage and utility easement, being
fully described in Exhibit “A” attached hereto and incorporated herein, which vested in Petitioner
pursuant to the Stipulated Order of Taking dated May 28, 2021, and the deposit of money
heretofore made, is approved, ratified, and confirmed.
8. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5848, Page 752 of the Public Records of Collier County, Florida be dismissed as to Parcel
1268RDUE.
16.K.2.a
Packet Pg. 2158 Attachment: P1268RDUE Joint Motion for Stip Final Judgment (24839 : Stipulated Final Judgment for Parcel 1268RDUE)
[20-CA-3651/1781904/1]
9. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
10. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Exhibit “A”
16.K.2.a
Packet Pg. 2159 Attachment: P1268RDUE Joint Motion for Stip Final Judgment (24839 : Stipulated Final Judgment for Parcel 1268RDUE)
AERIAL – PARCEL 1268RDUE
VANDERBILT BEACH RD EXT PROJECT NO. 60168
PARCEL 1268RDUE
/
EXISTING RIGHT-OF-WAY PER PLAT
16.K.2.b
Packet Pg. 2160 Attachment: Aerial - Parcel 1268RDUE(1) (24839 : Stipulated Final Judgment for Parcel 1268RDUE)