Agenda 12/12/2023 Item #16K10 (Approve Stipulated Final Judgement required for Vanderbilt Beach Road Extension)12/12/2023
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $85,500 plus $29,384.14 in
statutory attorney fees, experts’ fees and costs for the taking of Parcels 337FEE and 337TDRE required for
the Vanderbilt Beach Road Extension Project No. 60168.
____________________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcels 337FEE and 337TDRE 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 337FEE and 337TDRE 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. Parcel 337FEE consists of a strip
taking along the western front boundary of the property and is approximately 0.27 acres in extent. Parcel 337TDRE
is a Temporary Driveway Restoration Easement, approximately 0.03 acres, required for the County to restore the
existing driveway which will be impacted by the improvements on Massey St reet. The parent tract is improved with
a single-family home and associated improvements owned by Yofi Properties, LLC and contains 2.50 acres of gross
land area, which has been reduced to 2.23 acres after the acquisition. An aerial photograph of the subj ect property is
attached. The County’s date of deposit appraisal concluded to a value of $60,500 not including severance damages.
The property owner’s initial demand was $165,400 plus attorney’s fees and expert fees and costs. The parties
participated in mediation which ended in impasse, followed by informal negotiations, and reached a proposed
agreement subject to Board approval. The attached Stipulated Final Judgment reflects a negotiated compensation
amount of $85,500 plus $10,791 in statutory attorney’s fees, and $18,593.14 in expert fees and costs, for a total of
$114,884.14.
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 $59,800 for its deposit of the good faith estimate of
value. Funds for the balance of $55,084.14 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 t he
payment of funds as stated herein.
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering Division
ATTACHMENT(S)
1. Aerial - Parcel 337FEE (PDF)
2. P337FEE Joint Motion for Stipulated Final Judgment (DOCX)
16.K.10
Packet Pg. 3071
12/12/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.10
Doc ID: 27355
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of $85,500 plus
$29,384.14 in statutory attorney fees, experts’ fees and costs for the taking of Parcels 337FEE and 337TDRE
required for the Vanderbilt Beach Road Extension Project No. 60168.
Meeting Date: 12/12/2023
Prepared by:
Title: – County Attorney's Office
Name: Madison Bird
11/28/2023 2:48 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
11/28/2023 2:48 PM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 11/28/2023 2:54 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 11/28/2023 2:54 PM
Transportation Management Services Department Jeanne Marcella Transportation Management Services
Department Completed 11/28/2023 2:56 PM
Transportation Management Operations Support Tara Castillo Additional Reviewer Completed
11/28/2023 2:58 PM
Growth Management Community Development Department Lisa Taylor Additional Reviewer Completed
11/29/2023 5:42 AM
Transportation Management Services Department Trinity Scott Transportation Completed
11/29/2023 9:03 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 12/01/2023 4:21 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/04/2023 8:37 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/04/2023 10:18 AM
Office of Management and Budget Christopher Johnson Additional Reviewer Completed 12/04/2023 11:38 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 12/04/2023 8:47 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/12/2023 9:00 AM
16.K.10
Packet Pg. 3072
AERIAL – PARCELS 337FEE/TDRE
(Vanderbilt Beach Rd. Ext. Project No. 60168)
PARCEL 337FEE
/
PARCEL 337TDRE
16.K.10.a
Packet Pg. 3073 Attachment: Aerial - Parcel 337FEE (27355 : Stipulated Final Judgment for the taking of Parcels 337FEE
[21-CA-684/1818723/1]
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.: 21-CA-684
v. Parcel 337FEE/TDRE
DONALD CORDER; MARLENE CORDER; MICHAEL CORDER;
DONALD R. CORDER; MARYROSE CORDER; DONALD CORDER;
MARLENE M. CORDER; SHAWNE JOHNSON; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC; YOFI PROPERTIES, LLC;
HPA BORROWER 2016 ML LLC; METROPOLITAN LIFE
INSURANCE COMPANY
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 337FEE/TDRE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, YOFI
PROPERTIES, LLC, by and through undersigned counsel, hereby respectfully move this Court
for the entry of the foregoing Stipulated Final Judgment as to Parcel 337FEE/TDRE 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 RESPONDENT
Colleen.Greene@colliercountyfl.gov kjones@hahnlaw.com
Sheri.Malcolm@colliercountyfl.gov jstone@hahnlaw.com
16.K.10.b
Packet Pg. 3074 Attachment: P337FEE Joint Motion for Stipulated Final Judgment (27355 : Stipulated Final Judgment for the taking of Parcels 337FEE and
[21-CA-684/1818723/1]
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
November 2023.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
16.K.10.b
Packet Pg. 3075 Attachment: P337FEE Joint Motion for Stipulated Final Judgment (27355 : Stipulated Final Judgment for the taking of Parcels 337FEE and
[21-CA-684/1818723/1]
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.: 21-CA-684
v. Parcel 337FEE/TDRE
DONALD CORDER; MARLENE CORDER; MICHAEL CORDER;
DONALD R. CORDER; MARYROSE CORDER; DONALD CORDER;
MARLENE M. CORDER; SHAWNE JOHNSON; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC; YOFI PROPERTIES, LLC;
HPA BORROWER 2016 ML LLC; METROPOLITAN LIFE
INSURANCE COMPANY
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 337FEE/TDRE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, YOFI PROPERTIES, LLC, by and through
counsel, for the entry of a Stipulated Final Judgment as to Parcel 337FEE/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, YOFI PROPERTIES, LLC, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Eighty-Five Thousand Five Hundred Dollars and
No/100 ($85,500.00) for Parcel 337FEE/TDRE, as full payment for the property interest taken,
in connection with said Parcel.
2. Respondent, YOFI PROPERTIES, LLC, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the sum of Ten Thousand Seven Hundred Ninety-One Dollars and
No/100 ($10,791.00), for all attorney fees and Seventy-Nine Dollars and 91/100 ($79.91) for
costs, associated with the acquisition of Parcel 337FEE/TDRE.
16.K.10.b
Packet Pg. 3076 Attachment: P337FEE Joint Motion for Stipulated Final Judgment (27355 : Stipulated Final Judgment for the taking of Parcels 337FEE and
[21-CA-684/1818723/1]
3. Respondent, YOFI PROPERTIES, LLC, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Eighteen Thousand Five Hundred Thirteen Dollars
and 23/100 ($18,513.23), for all expert fees and costs associated with the acquisition of Parcel
337FEE/TDRE, 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 Fifty-Nine Thousand Eight
Hundred and No/100 Dollars ($59,800.00), as payment for the acquisition of Parcel
337FEE/TDRE, 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 Fifty-Five Thousand Eighty-Four Dollars and
14/100 Dollars ($55,084.14), representing the total sum due by issuing a check made payable to
Hahn Loeser & Parks, LLP Trust Account and mailing it to Kenneth Jones, Esq., Hahn Loeser &
Parks, LLP, 2400 First Street, Suite 300, Fort Myers, FL 33901.
6. 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.
7. Although the property now falls below the minimum lot size of 2.25 acres as a
result of the public acquisition, the rights and entitlements of the property shall remain the same
as prior to the 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, or other dimensional requirements.
16.K.10.b
Packet Pg. 3077 Attachment: P337FEE Joint Motion for Stipulated Final Judgment (27355 : Stipulated Final Judgment for the taking of Parcels 337FEE and
[21-CA-684/1818723/1]
8. This Order disposes of all claims arising out of the taking of Parcel 337FEE/TDRE
that have or could have been asserted in this cause.
9. A fee simple taking and a temporary driveway restoration easement, being fully
described in Composite Exhibit “A” attached hereto and incorporated herein, which vested in
Petitioner pursuant to the Stipulated Order of Taking dated June 18, 2021, and the deposit of money
heretofore made, is approved, ratified, and confirmed.
10. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5905, Page 2058 of the Public Records of Collier County, Florida be dismissed as to Parcel
337FEE/TDRE.
11. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
12. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Composite Exhibit “A”
Continued on next page
16.K.10.b
Packet Pg. 3078 Attachment: P337FEE Joint Motion for Stipulated Final Judgment (27355 : Stipulated Final Judgment for the taking of Parcels 337FEE and
[21-CA-684/1818723/1]
16.K.10.b
Packet Pg. 3079 Attachment: P337FEE Joint Motion for Stipulated Final Judgment (27355 : Stipulated Final Judgment for the taking of Parcels 337FEE and