Agenda 05/09/2023 Item #16K 1 (Stipulated Final Judgment for the VBR Extension Project #60168)16. K.1
05/09/2023
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $125,000 plus $15,048 in
statutory attorney fees for the taking of Parcels 274RDUEand 274TDRE required for the Vanderbilt Beach
Road Extension Project No. 60168.
OBJECTIVE: To settle full compensation for the taking of Parcels 274RDUE and 274TDRE 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 Parcels 274RDUE and 274TDRE 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. Parcel 274RDUE
is a perpetual, non-exclusive, road right-of-way, drainage, and utility easement along the easterly right-of-way of
Wilson Blvd. and is approximately .155 acres in extent. Parcel 274TDRE is a temporary driveway restoration
easement located easterly of the Parcel 274RDUE and contains approximately .073 acres. The parent tract is
improved with a single-family home and associated improvements owned by Junior Serrano and contains 2.34
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 $97,300, including severance damages. The property owner's initial
demand was $165,000, including severance damages, plus statutory attorney's fees. The Respondent did not incur
any expert fees or 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 $125,000 plus $15,048 in statutory attorney's fees, for a total of $140,048.
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 $92,100 for its deposit of the good faith estimate of
value. Funds for the balance of $47,948 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. P274RDUE TDRE Joint Motion for Stip Final Judgment (PDF)
2. Aerial - Parcel 274RDUE-TDRE (PDF)
Packet Pg. 1301
16.K.1
05/09/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doe ID: 24843
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of $125,000 plus
$15,048 in statutory attorney fees for the taking of Parcels 274RDUEand 274TDRE required for the Vanderbilt
Beach Road Extension Project No. 60168.
Meeting Date: 05/09/2023
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Wanda Rodriguez
03/02/2023 3:53 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
03/02/2023 3:53 PM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer
Growth Management and Community Development Department Jeanne Marcella
Growth Management and Community Development Department Lisa Taylor
Transportation Engineering
Jay Ahmad
Additional Reviewer
Transportation Management Services Department
Jeanne Marcella
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
County Attorney's Office
Colleen Greene
Additional Reviewer
Community & Human Services
Maggie Lopez
Additional Reviewer
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
County Manager's Office
Amy Patterson
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Completed 05/01/2023 9:50 AM
Additional Reviewer Completed
05/01/2023 10:08 AM
Additional Reviewer Completed
05/01/2023 10:11 AM
Completed 05/01/2023 10:37 AM
Additional Reviewer Completed
05/01/2023 10:47 AM
Completed 05/01/2023 10:52 AM
Completed 05/01/2023 11:51 AM
Completed 05/01/2023 1:24 PM
Completed 05/01/2023 1:32 PM
Completed 05/03/2023 10:19 AM
05/09/2023 9:00 AM
Packet Pg. 1302
16.K.1.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.: 20-CA-4068
V. Parcel 274RDUE/TDRE
TRENTON A. COMPTON; ANDREA L. WINDSOR
PHHMORTGAGE CORPORA TION SUCCESSOR IN
INTEREST TO OCWENLOAN SERVICING, LLC, KEVINKIMBALL
BRIAN WILLIAMMELLON, M. RICHARD MELLON,
INDI VID UA LL Y A ND AS TRUSTEE OF THE EDWARD AND YETTA
MELLON TR UST AGREEMENT FOR THE BENEFIT OF BRIAN
WILLIAMMELLON; JUNIOR M. SERRANO; FILIBERTO MACIAS, JR;
NANCY MACIAS; BENJAMIN CAMP, JAMIE RAB UANO;
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC
Respondents.
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 274RDUE/TDRE
(with disbursement instructions to the CLERK)
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, JUNIOR M.
SERRANO, by and through undersigned counsel, hereby respectfully move this Court for the entry
of the foregoing Stipulated Final Judgment as to Parcel 274RDUE/TDRE 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
Is/ EDGAR LOPEZ
EDGAR LOPEZ, ESQ
Florida Bar No. 12917
Harris Harris Bauerle Lopez
1201 E. Robinson Street
Orlando, FL 32801
Telephone: (407) 843-0404
COUNSEL FOR RESPONDENT
edgar&hhblfl.com
rebeccaghhblfl. com
[20-CA-4068/1786951/1 1
Packet Pg. 1303
16.K.1.a
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
May 2023.
Elm
COLLEEN M. GREENE, ESQ.
[20-CA-4068/1786951/1] Packet Pg. 1304
16.K.1.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.: 20-CA-4068
V. Parcel 274RDUE/TDRE
TRENTON A. COMPTON; ANDREA L. WINDSOR
PHHMORTGAGE CORPORA TION SUCCESSOR IN
INTEREST TO OCWENLOAN SERVICING, LLC, KEVINKIMBALL
BRIAN WILLIAMMELLON, M. RICHARD MELLON,
INDI VID UA LL Y A ND AS TRUSTEE OF THE EDWARD AND YETTA
MELLON TR UST AGREEMENT FOR THE BENEFIT OF BRIAN
WILLIAMMELLON; JUNIOR M. SERRANO; FILIBERTO MACIAS, JR;
NANCY MACIAS; BENJAMIN CAMP, JAMIE RAB UANO;
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC
Respondent.
STIPULATED FINAL JUDGMENT AS TO PARCEL 274RDUE/TDRE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, JUNIOR M. SERRANO, by and through
counsel, for the entry of a Stipulated Final Judgment as to Parcel 274RDUE/TDRE 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, JUNIOR M. SERRANO, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of One Hundred Twenty -Five Thousand Dollars and
No/100 ($125,000.00) for Parcel 274RDUE/TDRE, as full payment for the property interest
taken, in connection with said Parcel.
2. Respondent, JUNIOR M. SERRANO, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the sum of Fifteen Thousand Forty -Eight Dollars and No/100
[20-CA-4068/1786951/1] Packet Pg. 1305
16.K.1.a
($15,048.00), for all attorney fees and costs associated with the acquisition of Parcel
274RDUE/TDRE.
3. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good
faith estimate of value previously deposited in the amount of Ninety -Two Thousand One
Hundred Dollars and No/100 ($92,100.00), as payment for the acquisition of Parcel
274RDUE/TDRE, at which time title to said Parcel as described in Exhibit "A" vested in the name
of Petitioner COLLIER COUNTY, FLORIDA.
4. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Forty -Seven Thousand Nine Hundred Forty -
Eight Dollars and No/100 ($47,948.00), representing the remaining sum due to the Respondent
for the taking, plus attorney's fees and costs, by mailing a check to Harris Harris Bauerle Lopez,
c/o Edgar Lopez, Esq., 1201 E. Robinson Street, Orlando, FL 32801.
5. The Clerk of Courts shall forthwith disburse from the Court's Registry the total
sum of Ninety -Two Thousand One Hundred Dollars and No/100 ($92,100.00), by mailing a
check to Harris Harris Bauerle Lopez, c/o Edgar Lopez, Esq., 1201 E. Robinson Street, Orlando,
FL 32801.
6. This Order disposes of all claims arising out of the taking of Parcel
274RDUE/TDRE that have or could have been asserted in this cause.
7. A perpetual non-exclusive road right-of-way, drainage and utility easement, and a
temporary driveway restoration easement, being fully described in Exhibit "A" attached hereto
and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated April
21, 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
5868, Page 1223 of the Public Records of Collier County, Florida be dismissed as to Parcel
274RDUE/TDRE.
[20-CA-4068/1786951/1] Packet Pg. 1306
16.K.1.a
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"
LEGAL DESCRIPTION FOR PARCEL 274 RDUE
A PORTION OF TRACT 4. GOLDEN GATE ESTATES UNIT 18. AS RECORDED IN PLAT BOOK 7, PAGF .7R , f
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 34, TOWNSHIP 480
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBEDkCr1c1Q/,
FOLLOWS: "........
• .�GrTHE EAST 45 FEET OF THE WEST 95 FEET OF THE SOUTH 150 FEET OF SAID TRAC�' 4. ; e(ica
CONTAINING 6,750 SQUARE FEET, MORE OR LESS.CD
7
LEGAL DESCRIPTION FOR PARCEL 274 TDRE
A PORTION OF TRACT 4, GOLDEN GATE ESTATES UNIT 18, AS RECORDED IN PLAT BOOK 7, PAGE 7, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 34. TOWNSHIP 48 SOUTH, RANGE 27
EAST. COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 4;
THENCE N.89'30'49'E.. ALONG THE SOUTH LINE OF SAID TRACT 4. FOR 95.00 FEET TO THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE N.W22'19'W., FOR 129.39 FEET;
THENCE N.90'00'00"E.. FOR 27.35 FEET:
THENCE S.02'27'20'*.. FOR 89.71 FEET;
THENCE 5.00'28'50'E., FOR 39.57 FEET;
THENCE S.89'30'44W., FOR 23.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN;
CONTAINING 3,164 SQUARE FEET, MORE OR LESS. 0 ` y I w I I I , !,
BEARINGS ARE BASED ON STATE PLANE COORDINATES. FLORIDA EAST ZONE. �. �N\chae/ A �•,
[20-CA-4068/1786951/1] Packet Pg. 1307
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