Agenda 07/11/2023 Item #16K 4 (Approve stipulated Final Judgement required for the Vanderbilt Beach Road Extension Project)16. K.4
07/ 11 /2023
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $65,000 plus $14,106.23 in
statutory attorneys' fees and expert fees and costs, for the taking of Parcel 1241FEE, required for the
Vanderbilt Beach Road Extension Project, Project No., 60168.
OBJECTIVE: To settle full compensation for the taking of Parcel 1241FEE required for the construction of
Vanderbilt Beach Road, Project 60168.
CONSIDERATIONS: On September 22, 2020, the Board authorized, via Resolution No. 2020-175, the
condemnation of Parcel 1241FEE for the construction of roadway, drainage and utility improvements required for
the expansion and extension of Vanderbilt Beach Road from Collier Blvd. to east of 16th Street NE, and Massey
Street from Vanderbilt Beach Road to south of Mockingbird Dr. The fee simple acquisition area consists of a strip
taking along the rear, southerly boundary of the property and is approximately 0.34 acres in size. The parent tract is
a vacant tract owned by Vernon Jones, et. al., and contained 2.27 acres of gross land area, which was reduced to
1.93 acres after the acquisition. An aerial photograph of the subject property is attached to this item for reference.
The property owner's initial demand was $94,000 plus attorney's fees and expert costs. The County's in-house
review appraiser estimated full compensation at $46,000 including severance damages. Through negotiations, the
parties agreed to a total compensation amount of $65,000, plus $9,900 in statutory attorneys' fees and costs and
$4,206.23 in expert fees and costs, for a total of $79,106.23.
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 $40,500 based on its deposit of the good faith estimate of
value. Funds for the balance of $38,606.23 are available in the Vanderbilt Beach Road Expansion 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, Growth
Management Department
Attachments: Stipulated Final Judgment and Aerial Photograph of Parcel 1241FEE
ATTACHMENT(S)
1. Aerial - Parcel 1241FEE (PDF)
2. P1241FEE Joint Motion for Stipulated Final Judgment - buildable lot language added (DOCX)
Packet Pg. 1373
16. K.4
07/ 11 /2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doe ID: 25317
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of $65,000 plus
$14,106.23 in statutory attorneys' fees and expert fees and costs, for the taking of Parcel 1241FEE, required for the
Vanderbilt Beach Road Extension Project, Project No., 60168.
Meeting Date: 07/11/2023
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Wanda Rodriguez
04/19/2023 10:25 AM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
04/19/2023 10:25 AM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer
Growth Management and Community Development Department Lisa Taylor
Transportation Engineering
Robert Bosch
Additional Reviewer
Transportation Management Operations Support
Geoffrey Willig
Transportation Management Services Department
Trinity Scott
County Attorney's Office
Colleen Greene
Level 2 Attorney's
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
Community & Human Services
Maggie Lopez
Additional Reviewer
County Manager's Office
Amy Patterson
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Completed 07/03/2023 10:46 AM
Additional Reviewer Completed
07/05/2023 7:44 AM
Completed 07/05/2023 7:55 AM
Additional Reviewer Skipped
07/05/2023 9:04 AM
Department Head Completed
07/05/2023 9:05 AM
Completed 07/05/2023 12:54 PM
Completed 07/05/2023 1:10 PM
Completed 07/05/2023 1:25 PM
Completed 07/05/2023 3:05 PM
Completed 07/05/2023 3:43 PM
07/11 /2023 9:00 AM
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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.: 20-CA-3740
Parcel 1241FEE
GAMAL A. REYES; MIGDALIA E. REYES; CATHERINE
JONES; HENRY LOWER; MARIE LOWER; FRANK HAWKS;
RUTH HAWKS; JOSE LUIS TREJO, AS TRUSTEE OF THE
JOSE LUIS TREJO FAMILY REVOCABLE TRUST DATED
SEPTEMBER 23, 2011; STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION; PENTAGON
FEDERAL C.U.; GEORGE D. MARTIN; DEBRA E. MARTIN;
BANK OF AMERICA, N.A.
Respondents.
JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCEL 1241FEE
WITH DISBURSEMENT INSTRUCTIONS TO THE CLERK
Petitioner, COLLIER COUNTY, FLORIDA, and Respondents, CATHERINE JONES;
HENRY LOWER; MARIE LOWER; FRANK HAWKS; AND RUTH HAWKS, by and through
undersigned counsel, jointly move this Honorable Court for the entry of the proposed Stipulated
Final Judgment as to Parcel 1241FEE, 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. Greenegcolliercountyfl. gov
Sheri. Malcolm(d), colliercount�fl. gov
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
kionesghahnlaw.com
jstoneAhahnlaw.com
[20-CA-3740/1800281 /1 ]
Packet Pg. 1376
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 July
2023.
COLLEEN M. GREENE, ESQ
[20-CA-3740/1800281/I] I Packet Pg. 1377
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-3740
V. Parcel 1241FEE
GAMAL A. REYES; MIGDALIA E. REYES; CATHERINE
JONES; HENRY LOWER; MARIE LOWER; FRANK HAWKS;
RUTH HAWKS; JOSE LUIS TREJO, AS TRUSTEE OF THE
JOSE LUIS TREJO FAMILY REVOCABLE TRUST DATED
SEPTEMBER 23, 2011; STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION; PENTAGON
FEDERAL C.U.; GEORGE D. MARTIN; DEBRA E. MARTIN;
BANK OF AMERICA, N.A.
Respondents.
STIPULATED FINAL JUDGMENT AS TO PARCEL 1241FEE WITH DISBURSEMENT
INSTRUCTIONS TO THE CLERK
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, and Respondents, CATHERINE JONES; HENRY LOWER; MARIE
LOWER; FRANK HAWKS; AND RUTH HAWKS, by and through counsel, for entry of a
Stipulated Final Judgment as to Parcel 1241FEE, for Project No. 60168, and it appearing to the
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 thereupon
ORDERED AND ADJUDGED that:
1. Respondents, CATHERINE JONES; HENRY LOWER; MARIE LOWER;
FRANK HAWKS; AND RUTH HAWKS, shall recover from Petitioner, COLLIER COUNTY,
[20-CA-3740/1800281/I] I Packet Pg. 1378
FLORIDA, the total sum of Sixty -Five Thousand Dollars and No/100 ($65,000.00), for Parcel
1241FEE, as full payment for the property interest taken and for any damages resulting to the
remainder, if less than the entire property was taken, subject to apportionment, if any, in connection
with said parcel.
2. Respondents, CATHERINE JONES; HENRY LOWER; MARIE LOWER;
FRANK HAWKS; AND RUTH HAWKS, shall recover from Petitioner, COLLIER COUNTY,
FLORIDA, the total sum of Nine Thousand Nine Hundred Dollars and No/100 ($9,900.00), for
all attorney's fees and costs in connection with the acquisition of Parcel 1241FEE.
3. Respondents, CATHERINE JONES; HENRY LOWER; MARIE LOWER;
FRANK HAWKS; AND RUTH HAWKS, shall recover from Petitioner, COLLIER COUNTY,
FLORIDA, the total sum of Four Thousand Two Hundred Six Dollars and 23/100 ($4,206.23),
for all expert fees and costs in connection with the acquisition of Parcel 1241FEE, and no other
expert fees and/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 deposited in the amount of Forty Thousand Five Hundred Dollars and
No/100 ($40,500.00), as payment for acquisition of Parcel 1241 FEE.
5. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Thirty -Eight Thousand Six Hundred Six
Dollars and 23/100 ($38,606.23), for the property interest and damages, and all attorney's fees,
costs, and expert fees associated with the acquisition of Parcel 1241 FEE, as referenced in the above
paragraphs, by issuing a check made payable to Hahn Loeser & Parks, LLP, and mailing the check
to Hahn Loeser & Parks, LLP, c/o Kenneth A. Jones, Esq., 2400 First Street, Suite 300, Fort Myers,
FL 33901.
[20-CA-3740/1800281/I] I Packet Pg. 1379
6. Within thirty (30) days from the entry of this Order, the CLERK OF COURTS shall
disburse the sum of Forty Thousand Five Hundred Dollars and No/100 ($40,500.00) by issuing
a check made payable to Hahn Loeser & Parks, LLP, and hailing the check to Hahn Loeser &
Parks, LLP, c/o Kenneth A. Jones, Esq., 2400 First Street, Suite 300, Fort Myers, FL 33901.
7. 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.
8. 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.
9. This Order disposes of all claims arising out of the taking of Parcel 1241 FEE, and
that have, or could have, been asserted in this cause.
10. A fee simple taking of Parcel 1241FEE being fully described in Exhibit "A"
attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking
dated March 23, 2021, and the deposit of money heretofore made, is approved, ratified, and
confirmed.
[20-CA-3740/1800281/I] I Packet Pg. 1380
11. The Notice of Lis Pendens filed in the above -styled cause and recorded in Official
Record Book 5850, Page 1743 of the Public Records of Collier County, Florida is hereby released
as to Parcel 1241FEE.
12. The Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
Exhibit "A"
LEGAL DESCRIPTION FOR PARCEL 1241 FEE
A PORTION OF TRACT 107, GOLDEN GATE ESTATES UNIT 17, AS RECORDED IN PLAT BOOK 7, PAGE
5, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, LYING IN SE1nONS 35 AND 36.
TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIM BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE SOUTH 100 FEET OF THE WEST 150 FEET OF SAID TRACT 107. `��k�1i#1tIr�r
CONTAINING 15,000 SQUARE FEET, MORE OR LESS,G�a��,�
[20-CA-3740/1800281/I] I Packet Pg. 1381