Agenda 12/12/2023 Item #16K12 (Approve Final Stipulation Final Judgement required for Vanderbilt Beach Road Project)12/12/2023
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $113,975 plus $30,106.99 in
statutory attorney fees and costs, and experts’ fees and costs for the taking of Parcel 1137FEE required for
the Vanderbilt Beach Road Extension Project No. 60168.
____________________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1137FEE 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 1137FEE 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 fee simple acquisition area consists
of a strip taking along the rear, southerly boundary of the property and is approximately 0.38 acres in extent. The
parent tract is unimproved vacant land owned by Gator Investment of SW FLA, Inc. and contains 2.50 acres of
gross land area, which has been reduced to 2.12 acres after the acquisition. An aerial photograph of the subject
property is attached. The County’s date of deposit appraisal concluded to a value of $81,500. The property owner’s
initial demand was $169,400 plus attorney’s fees and expert fees and costs. The parties participated in informal
negotiation and reached a proposed agreement subject to Board approval. The attached Stipulated Final Judgment
reflects a negotiated compensation amount of $113,975 plus $24,873.75 in statutory attorney’s fees, $5,233.24 in
expert fees and costs, for a total of $144,081.99.
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 $60,500 for its deposit of the good faith estimate of
value. Funds for the balance of $83,581.99 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. Aerial - Parcel 1137FEE (PDF)
2. P1137FEE Joint Motion for Stip Final Judgment (DOCX)
16.K.12
Packet Pg. 3089
12/12/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.12
Doc ID: 26798
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of $113,975 plus
$30,106.99 in statutory attorney fees and costs, and experts’ fees and costs for the taking of Parcel 1137FEE
required for the Vanderbilt Beach Road Extension Project No. 60168.
Meeting Date: 12/12/2023
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
09/28/2023 2:42 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/28/2023 2:42 PM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 12/04/2023 3:28 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 12/04/2023 3:46 PM
Transportation Management Operations Support Tara Castillo Additional Reviewer Completed
12/06/2023 12:02 PM
Growth Management Community Development Department Madison Bird Additional Reviewer Skipped
12/06/2023 12:48 PM
Transportation Management Services Department Trinity Scott Transportation Review Completed
12/06/2023 12:49 PM
County Attorney's Office Colleen Greene Level 2 County Attorney's Office Review Completed 12/06/2023 1:21 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/06/2023 1:28 PM
Community & Human Services Maggie Lopez Additional Reviewer Completed 12/06/2023 2:54 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/06/2023 3:41 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 12/06/2023 3:55 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/12/2023 9:00 AM
16.K.12
Packet Pg. 3090
AERIAL – PARCEL 1137FEE
VANDERBILT BEACH RD EXT PROJECT NO. 60168
/
PARCEL 1137FEE
16.K.12.a
Packet Pg. 3091 Attachment: Aerial - Parcel 1137FEE (26798 : Stipulated Final Judgment for the taking of Parcel 1137FEE)
[20-CA-3708/1830618/1]
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-3708
v. Parcel 1137FEE
LAUREL D. RAUSCH; GENE O. KRUPP; RENEE
L. KRUPP; REBECCA L. KRUPP; KAREN J. FOOTE;
CAROL KRUPP-JUDKINS; GATOR INVESTMENT
OF SW FLA, INC; GATOR HOME CONSTRUCTION, INC;
LOUIS JOSEPH VISCONTI AND SUZANNE M. VISCONTI,
TRUSTEES OF THE LOUIS JOSEPH VISCONTI AND
SUZANNE M. VISCONTI REVOCABLE TRUST DATED
APRIL 26, 2013; MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS INC; SANDER LANGEBEEKE; JESSICA MARIE
DALLETT; WELLS FARGO BANK, N.A; TYLER DANE
CLAWSON; ANDREA MARIE CLAWSON; FIFTH THIRD
MORTGAGE CO.
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1137FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, GATOR
INVESTMENT OF SW FLORIDA, INC.by and through undersigned counsel, hereby respectfully
move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel 1137FEE
attached hereto as Exhibit “1”.
____________________________ _____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
16.K.12.b
Packet Pg. 3092 Attachment: P1137FEE Joint Motion for Stip Final Judgment (26798 : Stipulated Final Judgment for the taking of Parcel 1137FEE)
[20-CA-3708/1830618/1]
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
December 2023.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
16.K.12.b
Packet Pg. 3093 Attachment: P1137FEE Joint Motion for Stip Final Judgment (26798 : Stipulated Final Judgment for the taking of Parcel 1137FEE)
[20-CA-3708/1830618/1]
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-3708
v. Parcel 1137FEE
LAUREL D. RAUSCH; GENE O. KRUPP; RENEE
L. KRUPP; REBECCA L. KRUPP; KAREN J. FOOTE;
CAROL KRUPP-JUDKINS; GATOR INVESTMENT
OF SW FLA, INC; GATOR HOME CONSTRUCTION, INC;
LOUIS JOSEPH VISCONTI AND SUZANNE M. VISCONTI,
TRUSTEES OF THE LOUIS JOSEPH VISCONTI AND
SUZANNE M. VISCONTI REVOCABLE TRUST DATED
APRIL 26, 2013; MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS INC; SANDER LANGEBEEKE; JESSICA MARIE
DALLETT; WELLS FARGO BANK, N.A; TYLER DANE
CLAWSON; ANDREA MARIE CLAWSON; FIFTH THIRD
MORTGAGE CO.
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1137FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, GATOR INVESTMENT OF SW FLORIDA,
INC. by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel 1137FEE
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, GATOR INVESTMENT OF SW FLORIDA, INC., shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Hundred Thirteen Thousand
Nine Hundred Seventy-Five Dollars and No/100 ($113,975.00) for Parcel 1137FEE, as full
payment for the property interest taken, in connection with said Parcel.
16.K.12.b
Packet Pg. 3094 Attachment: P1137FEE Joint Motion for Stip Final Judgment (26798 : Stipulated Final Judgment for the taking of Parcel 1137FEE)
[20-CA-3708/1830618/1]
2. Respondent, GATOR INVESTMENT OF SW FLORIDA, INC. shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the sum of Twenty-Four Thousand Eight
Hundred Seventy-Three Dollars and 75/100 ($24,873.75), for all attorney fees and costs
associated with the acquisition of Parcel 1137FEE.
3. Respondent, GATOR INVESTMENT OF SW FLORIDA, INC. shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Five Thousand Two Hundred
Thirty-Three Dollars and 24/100 ($5,233.24), for all expert fees and costs associated with the
acquisition of Parcel 1137FEE, 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 Sixty Thousand Five Hundred
Dollars and No/100 ($60,500.00), as payment for the acquisition of Parcel 1137FEE, 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 Eighty-Three Thousand Five Hundred Eighty-
One Dollars and 99/100 ($83,581.99), 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. 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 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
16.K.12.b
Packet Pg. 3095 Attachment: P1137FEE Joint Motion for Stip Final Judgment (26798 : Stipulated Final Judgment for the taking of Parcel 1137FEE)
[20-CA-3708/1830618/1]
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. This Order disposes of all claims arising out of the taking of Parcel 1137FEE that
have or could have been asserted in this cause.
9. A fee simple taking, being fully described in Exhibit “A” attached hereto and
incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated June 17,
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
5849, Page 2372 of the Public Records of Collier County, Florida be dismissed as to Parcel
1137FEE.
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.
Exhibit “A”
16.K.12.b
Packet Pg. 3096 Attachment: P1137FEE Joint Motion for Stip Final Judgment (26798 : Stipulated Final Judgment for the taking of Parcel 1137FEE)