BCC Agenda 02/13/2024 Item #16K 7 (Stipulated Final Judgment for the taking of parcels for the Vanderbilt Beach Extension Project)02/13/2024
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $140,800 plus $32,066 in
statutory attorney fees, apportionment fees, expert fees and costs for the taking of Parcels 1125FEE and
1127FEE required for the Vanderbilt Beach Road Extension Project No. 60168.
____________________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcels 1125FEE and 1127FEE 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 1125FEE and 1127FEE 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 two parcels are owned by the same property owners, Carl Doan and Hai Vu. The fee simple acquisition area for
each parcel consists of a strip taking along the rear, southerly boundary of each property and is approximately 0.38
acres in extent. The parent tracts are unimproved land that each contain 2.5 acres of gross land area, which will be
reduced to 2.12 acres per property after the acquisition. Aerial photographs of the subject properties are attached.
The County’s order of taking appraisals concluded to a value of $50,800 per parcel including severance damages.
The property owner’s initial demand per parcel was $96,500 plus attorney’s fees and expert fees and costs. The
parties participated in informal negotiations and reached a proposed agreement subject to Board approval. The
attached Stipulated Final Judgment reflects a negotiated compensation amount of $70,400 plus $10,494 in statutory
attorney’s fees, $379 in apportionment fees, $5,160 in expert fees and costs, for a total of $86,433 for each parcel.
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 $101,600 for its total deposit of the good faith estimates
of value for both parcels. Funds for the balance of $71,266 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
Attachments: Stipulated Final Judgment and Aerial Photograph of Parcels 1125FEE and 1127FEE
ATTACHMENT(S)
1. Aerial Depiction 1125FEE (PDF)
2. Aerial Depiction 1127FEE (PDF)
3. P1125 and 1127FEE Joint Motion for Stip Final Judgment(1)(2) (DOCX)
16.K.7
Packet Pg. 2058
02/13/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.7
Doc ID: 26991
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of $140,800 plus
$32,066 in statutory attorney fees, apportionment fees, expert fees a nd costs for the taking of Parcels 1125FEE and
1127FEE required for the Vanderbilt Beach Road Extension Project No. 60168.
Meeting Date: 02/13/2024
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
10/16/2023 12:10 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
10/16/2023 12:10 PM
Approved By:
Review:
Unknown Lisa Taylor Additional Reviewer Completed 02/05/2024 7:58 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 02/05/2024 8:13 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 02/05/2024 10:06 AM
Transportation Management Operations Support Tara Castillo Additional Reviewer Completed
02/05/2024 10:53 AM
Transportation Management Services Department Trinity Scott Department Head ReviewCompleted
02/06/2024 1:00 PM
County Attorney's Office Colleen Greene Level 2 County Attorney's Office Completed 02/06/2024 1:47 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/06/2024 1:58 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/06/2024 2:01 PM
Community & Human Services Maggie Lopez Additional Reviewer Completed 02/07/2024 9:48 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 02/07/2024 9:52 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 02/13/2024 9:00 AM
16.K.7
Packet Pg. 2059
AERIAL – PARCEL 1125FEE
(Vanderbilt Beach Rd. Ext. Project No. 60168)
/
PARCEL 1125FEE
16.K.7.a
Packet Pg. 2060 Attachment: Aerial Depiction 1125FEE (26991 : Approve a Stipulated Final Judgment for Parcels 1125FEE and 1127FEE)
AERIAL – PARCEL 1127FEE
(Vanderbilt Beach Rd. Ext. Project No. 60168)
/
PARCEL 1127FEE
16.K.7.b
Packet Pg. 2061 Attachment: Aerial Depiction 1127FEE (26991 : Approve a Stipulated Final Judgment for Parcels 1125FEE and 1127FEE)
[20-CA-3673/1839321/1]
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-3673
v. Parcels: 1125FEE; 1127FEE
CARL V. DOAN; HAI V. VU; ANN H. LANGSTON;
VICKY M. RODGERS; HELIAM ULISES LOPEZ-
MARTINEZ; LAWRENCE CARIGLIO; MIKELANN
CARIGLIO
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCELS 1125FEE and 1127FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, CARL V.
DOAN; AND DIEU-PHONG VU, AS PR OF THE ESTATE OF HAI VAN VUE, by and through
undersigned counsel, hereby respectfully move this Court for the entry of the foregoing Stipulated
Final Judgment as to Parcels 1125FEE and 1127FEE 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 RESPONDENTS
Colleen.Greene@colliercountyfl.gov kjones@hahnlaw.com
Sheri.Malcolm@colliercountyfl.gov jstone@hahnlaw.com
16.K.7.c
Packet Pg. 2062 Attachment: P1125 and 1127FEE Joint Motion for Stip Final Judgment(1)(2) (26991 : Approve a Stipulated Final Judgment for Parcels 1125FEE
[20-CA-3673/1839321/1]
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
January 2024.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
16.K.7.c
Packet Pg. 2063 Attachment: P1125 and 1127FEE Joint Motion for Stip Final Judgment(1)(2) (26991 : Approve a Stipulated Final Judgment for Parcels 1125FEE
[20-CA-3673/1839321/1]
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-3673
v. Parcels: 1125FEE; 1127FEE
CARL V. DOAN; HAI V. VU; ANN H. LANGSTON;
VICKY M. RODGERS; HELIAM ULISES LOPEZ-
MARTINEZ; LAWRENCE CARIGLIO; MIKELANN
CARIGLIO
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCELS 1125FEE and 1127FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, CARL V. DOAN; AND DIEU-PHONG VU,
AS PR OF THE ESTATE OF HAI VAN VUE, by and through counsel, for the entry of a Stipulated
Final Judgment as to Parcels 1125FEE and 1127FEE 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. Respondents, CARL V. DOAN; AND DIEU-PHONG VU, AS PR OF THE
ESTATE OF HAI VAN VUE, shall recover from Petitioner, COLLIER COUNTY, FLORIDA,
the total sum of Seventy Thousand Four Hundred Dollars and No/100 ($70,400.00) for Parcel
1125FEE, as full payment for the property interest taken, in connection with said Parcel.
2. Respondents, CARL V. DOAN; AND DIEU-PHONG VU, AS PR OF THE
ESTATE OF HAI VAN VUE, shall recover from Petitioner, COLLIER COUNTY, FLORIDA,
the sum of Ten Thousand Four Hundred Ninety-Four Dollars and No/100 ($10,494.00), for
all attorney fees and costs associated with the acquisition of Parcel 1125FEE, plus the sum of
16.K.7.c
Packet Pg. 2064 Attachment: P1125 and 1127FEE Joint Motion for Stip Final Judgment(1)(2) (26991 : Approve a Stipulated Final Judgment for Parcels 1125FEE
[20-CA-3673/1839321/1]
Three Hundred Seventy-Nine Dollars and No/100 ($379.00) for apportionment fees associated
with the acquisition of Parcel 1125FEE.
3. Respondents, CARL V. DOAN; AND DIEU-PHONG VU, AS PR OF THE
ESTATE OF HAI VAN VUE, shall recover from Petitioner, COLLIER COUNTY, FLORIDA,
the total sum of Five Thousand One Hundred Sixty Dollars and No/100 ($5,160.00), for all
expert fees and costs associated with the acquisition of Parcel 1125FEE, and no other expert fees
or costs shall be paid in this matter.
4. Respondents, CARL V. DOAN; AND DIEU-PHONG VU, AS PR OF THE
ESTATE OF HAI VAN VUE, shall recover from Petitioner, COLLIER COUNTY, FLORIDA,
the total sum of Seventy Thousand Four Hundred Dollars and No/100 ($70,400.00) for Parcel
1127FEE, as full payment for the property interest taken, in connection with said Parcel.
5. Respondents, CARL V. DOAN; AND DIEU-PHONG VU, AS PR OF THE
ESTATE OF HAI VAN VUE, shall recover from Petitioner, COLLIER COUNTY, FLORIDA,
the sum of Ten Thousand Four Hundred Ninety-Four Dollars and No/100 ($10,494.00), for
all attorney fees and costs associated with the acquisition of Parcel 1127FEE, plus the sum of
Three Hundred Seventy-Nine Dollars and No/100 ($379.00) for apportionment fees associated
with the acquisition of Parcel 1127FEE.
6. Respondents, CARL V. DOAN; AND DIEU-PHONG VU, AS PR OF THE
ESTATE OF HAI VAN VUE, shall recover from Petitioner, COLLIER COUNTY, FLORIDA,
the total sum of Five Thousand One Hundred Sixty Dollars and No/100 ($5,160.00), for all
expert fees and costs associated with the acquisition of Parcel 1127FEE, and no other expert fees
or costs shall be paid in this matter.
7. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good
faith estimate of value previously deposited in the amount of Fifty Thousand Eight Hundred
Dollars and No/100 ($50,800.00), as payment for the acquisition of Parcel 1125FEE, at which
16.K.7.c
Packet Pg. 2065 Attachment: P1125 and 1127FEE Joint Motion for Stip Final Judgment(1)(2) (26991 : Approve a Stipulated Final Judgment for Parcels 1125FEE
[20-CA-3673/1839321/1]
time title to said Parcel as described in Composite Exhibit “A” vested in the name of Petitioner
COLLIER COUNTY, FLORIDA.
8. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good
faith estimate of value previously deposited in the amount of Fifty Thousand Eight Hundred
Dollars and No/100 ($50,800.00), as payment for the acquisition of Parcel 1127FEE, at which
time title to said Parcel as described in Composite Exhibit “A” vested in the name of Petitioner
COLLIER COUNTY, FLORIDA.
9. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Seventy-One Thousand Two Hundred Sixty-
Six Dollars and No/100 ($71,266.00), representing the total sum due for Parcels 1125FEE and
1127FEE, by mailing a check to Hahn Loeser & Parks, LLP, c/o Kenneth A. Jones, Esq., 2400
First Street, Suite 300, Fort Myers, FL 33901.
10. 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. Respondents understand and agree that this Stipulated Final Judgment contemplates the
future 6-laning of Vanderbilt Beach Road (VBR). No additional compensation shall be due to
Respondents for the widening of VBR up to 6-lanes.
11. Although the property(s) 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.
12. This Order disposes of all claims arising out of the taking of Parcels 1125FEE and
1127FEE that have or could have been asserted in this cause.
16.K.7.c
Packet Pg. 2066 Attachment: P1125 and 1127FEE Joint Motion for Stip Final Judgment(1)(2) (26991 : Approve a Stipulated Final Judgment for Parcels 1125FEE
[20-CA-3673/1839321/1]
13. A fee simple taking, being fully described in Composite Exhibit “A” attached
hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated
June 9, 2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
14. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5848, Page 430 of the Public Records of Collier County, Florida be dismissed as to Parcels
1125FEE and 1127FEE.
15. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
16. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Composite Exhibit “A”
16.K.7.c
Packet Pg. 2067 Attachment: P1125 and 1127FEE Joint Motion for Stip Final Judgment(1)(2) (26991 : Approve a Stipulated Final Judgment for Parcels 1125FEE