Agenda 07/11/2023 Item #16K 5 (Approve final judgement required for the Vanderbilt Beach Road Extension Project No. 60168)16. K.5
07/ 11 /2023
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $172,850 plus $36,438.24 in
statutory attorneys' fees and costs, and expert fees and costs, for the taking of Parcel 107FEE, required for
the Vanderbilt Beach Road Extension Project, Project No. 60168.
OBJECTIVE: To settle full compensation for the taking of Parcel 107FEE 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 107FEE 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, northerly boundary of the property and is approximately 1.01 acres in size. The parent tract is
improved with a single-family home and related site improvements owned by Gerald D. Phillips at the time of the
acquisition and contained 5.8 acres of gross land area, which was reduced to 4.79 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 $221,700 plus attorney's fees and expert costs. The County's in-house review appraiser estimated full
compensation at $125,000 not including severance damages. The parties participated in Mediation, and the parties
agreed to a total compensation amount of $172,850, plus $26,581.50 in statutory attorneys' fees, $267.74 statutory
attorney costs, and $9,589 in expert fees and costs, for a total of $209,288.24.
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 $109,800 based on its deposit of the good faith estimate
of value. Funds for the balance of $99,488.24 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 107FEE
ATTACHMENT(S)
1. Aerial - Parcel 107FEE (PDF)
2. P 107FEE - Joint Motion for Stipulated Final Judgment(1) (DOCX)
Packet Pg. 1382
16. K.5
07/ 11 /2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doe ID: 25318
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of $172,850 plus
$36,438.24 in statutory attorneys' fees and costs, and expert fees and costs, for the taking of Parcel 107FEE,
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 10:26 AM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
04/19/2023 10:26 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 Review
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 10:45 AM
Additional Reviewer Completed
07/05/2023 7:42 AM
Completed 07/05/2023 8:01 AM
Additional Reviewer Skipped
07/05/2023 9:04 AM
Department Head Completed
07/05/2023 9:06 AM
Completed 07/05/2023 12:27 PM
Completed 07/05/2023 1:10 PM
Completed 07/05/2023 1:24 PM
Completed 07/05/2023 3:06 PM
Completed 07/05/2023 3:42 PM
07/11 /2023 9:00 AM
Packet Pg. 1383
16. K.5.a
AERIAL - PARCEL 107FEE
(Vanderbilt Beach Rd. Ext. Project No. 60168)
Q
Packet Pg. 1384
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-3907
V. Parcel 107FEE
PATRICK J. MURPHY, INDIVIDUALLY AND AS
TRUSTEE OF THE PATRICK J. MURPHY TRUST
AGREEMENT DATED JULY 16, 2009; REGIONS
BANK; DARIO J. AVILES; ROMINA AVILES;
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC;
TOWD POINT MASTER FUNDING TRUST 2020-PM4;
GERALD D. PHILLIPS, AS TRUSTEE OF THE GERALD
DAVID PHILLIPS REVOCABLE TRUST DATED JANUARY
4, 2005; CHARIE P. SPARKS
Respondents.
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 107FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, GERALD D
PHILLIPS, AS TRUSTEE OF THE GERALD DAVID PHILLIPS REVOCABLE TRUST
DATED JANUARY 4, 2005, by and through undersigned counsel, hereby respectfully move this
Court for the entry of the foregoing Stipulated Final Judgment as to Parcel 107FEE 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 RESPONDENT
kjones@hahnlaw.com
jstone@hahnlaw.com
[20-CA-3907/1800574/1 ]
Packet Pg. 1385
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
2023.
COLLEEN M. GREENE, ESQ.
[20-CA-3907/1800574/1] Packet Pg. 1386
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.
PATRICK J. MURPHY, INDIVIDUALLY AND AS
TRUSTEE OF THE PATRICK J. MURPHY TRUST
Case No. 20-CA-3907
Parcel 107FEE
AGREEMENT DATED JULY 16, 2009; REGIONS
BANK; DARIO J. AVILES; ROMINA AVILES;
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC;
TOWD POINT MASTER FUNDING TRUST 2020-PM4;
GERALD D. PHILLIPS, AS TRUSTEE OF THE GERALD
DAVID PHILLIPS REVOCABLE TRUST DATED JANUARY
4, 2005; CHARIE P. SPARKS
Respondents.
STIPULATED FINAL JUDGMENT AS TO PARCEL 107FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, GERALD D. PHILLIPS, AS TRUSTEE OF
THE GERALD DAVID PHILLIPS REVOCABLE TRUST DATED JANUARY 4, 2005, by and
through counsel, for the entry of a Stipulated Final Judgment as to Parcel 107FEE 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, GERALD D. PHILLIPS, AS TRUSTEE OF THE GERALD DAVID
PHILLIPS REVOCABLE TRUST DATED JANUARY 4, 2005, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of One Hundred Seventy -Two Thousand Eight
Hundred Fifty Dollars and No/100 ($172,850.00) for Parcel 107FEE, in full settlement of all
claims for compensation from Petitioner whatsoever, including business damages, for the
[20-CA-3907/1800574/1] Packet Pg. 1387
property interest taken, in connection with said Parcel.
2. Respondent, GERALD D. PHILLIPS, AS TRUSTEE OF THE GERALD DAVID
PHILLIPS REVOCABLE TRUST DATED JANUARY 4, 2005, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Twenty -Six Thousand Five Hundred Eighty -
One Dollars and 50/100 Dollars ($26,581.50), for all attorney fees, plus Two Hundred Sixty -
Seven Dollars and 74/100 ($267.74) for litigation costs, associated with the acquisition of Parcel
107FEE.
3. Respondent, GERALD D. PHILLIPS, AS TRUSTEE OF THE GERALD DAVID
PHILLIPS REVOCABLE TRUST DATED JANUARY 4, 2005, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Nine Thousand Five Hundred Eighty -Nine
Dollars and No/100 Dollars (S9,589.00), for all expert fees and costs associated with the
acquisition of Parcel 107FEE, 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 Hundred Nine Thousand Eight
Hundred Dollars No/100 ($109,800.00), as payment for the acquisition of Parcel 107FEE, 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 Ninety -Nine Thousand Four Hundred Eighty -
Eight Dollars and 24/100 Dollars ($99,488.24), representing the total sum due for the acquisition
of Parcel 107FEE, attorney's fees, costs, and expert fees, by issuing a check made payable to Hahn
Loeser & Parks, LLP, and mailing it 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 107FEE that
have or could have been asserted in this cause.
[20-CA-3907/1800574/1] Packet Pg. 1388
7. 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
April 5, 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
5858, Page 3954 of the Public Records of Collier County, Florida be dismissed as to Parcel
107FEE.
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 (PARCEL 107 FEE)
A PORTION OF TRACT 49. THE
RECORDS OF COWER COUNTYEN GATE , FLORIDA, LYING IN SECTION 2S UNIT 3, 5 TOWNSHIP 9 SOUTH. RAIN PLAT NGE 26GEAST, 77. OLLIER PUBLIC
COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 49; `�,�� T LINE
THENCE N.88'55'01"E., ALONG THE NORTH LINE OF SAID TRACT 49. FOR 330.11 FEET �T�O A� ;g,L �•�
OF SAID TRACT 49; *� t�f►rat�
THENCE S.00'27'54"E., ALONG SAID EAST LINE, FOR 133.29 FEET, ; ql '•
THENCE S.895531"W., FOR 330.10 FEET TO A POINT ON THE WEST LINE OF SAID XRACV
THENCE N.00'2WO4"W.. ALONG SAID WEST LINE, FOR 133.34 FEET TO THE POINT qg BECNNING� OTHE FQIIi EL -
DESCRIBED HEREIN.
CONTAINING 44,007 SQUARE FEET, MORE OR LESS. • . 4�& O
BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE. i Lp••'■ �fr;Q•••
[20-CA-3907/1800574/1] Packet Pg. 1389