Agenda 03/12/2024 Item #16K 3 (Stipulated Final Judgement for Parcel 1114FEE for the Vanderbilt Beach Extension Project)03/12/2024
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $117,100 plus $27,598 in
statutory attorney fees, apportionment fees, expert fees and costs for the taking of Parcel 1114FEE required
for the Vanderbilt Beach Road Extension Project No. 60168.
____________________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1114FEE 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 1114FEE 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, northerly boundary o f the property and is
approximately 0.41 acres in extent. The parcel is owned by Gladys Sutil. The parent tracts is improved with a
single-family home and associated site improvements and contains 2.73 acres of gross land area, which will be
reduced to 2.32 acres after the acquisition. Aerial photographs of the subject properties are attached. The County’s
updated appraisal concluded to a value of $77,100 including severance damages. The property owner’s initial
demand was $180,600 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 $117,100 plus $21,879 in statutory attorney’s fees and costs, $267.74
in apportionment fees and costs, $5,451.26 in expert fees and costs, for a total of $144,698.
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 $62,000 for its deposit of the good faith estimate of
value. Funds for the balance of $82,698 plus $170 for deposit into the Clerk’s Registry 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 1114FEE (PDF)
2. Joint Motion stip FJ P1114FEE (DOCX)
16.K.3
Packet Pg. 1865
03/12/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 26992
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of $117,100 plus
$27,598 in statutory attorney fees, apportionment fees, expert fees and costs for the taking of Parcel 1114FEE
required for the Vanderbilt Beach Road Extension Project No. 60168.
Meeting Date: 03/12/2024
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
10/16/2023 12:11 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
10/16/2023 12:11 PM
Approved By:
Review:
Transportation Management Operations Support Tara Castillo Other Reviewer Completed
03/05/2024 10:06 AM
Unknown Lisa Taylor Other Reviewer Completed 03/05/2024 10:41 AM
Transportation Engineering Robert Bosch Other Reviewer Completed 03/05/2024 11:22 AM
Transportation Engineering Jay Ahmad Other Reviewer Completed 03/06/2024 8:36 AM
Transportation Management Services Department Trinity Scott Department Head ReviewCompleted
03/06/2024 8:40 AM
County Attorney's Office Colleen Greene Level 2 County Attorney's Office Review Completed 03/06/2024 8:42 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/06/2024 9:22 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/06/2024 11:15 AM
Community & Human Services Maggie Lopez OMB Reviewer Completed 03/06/2024 11:28 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 03/06/2024 12:29 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/12/2024 9:00 AM
16.K.3
Packet Pg. 1866
Vanderbilt Beach Road Extension
Project 60168‐Parcel 1114FEE
/
PARCEL 1114FEE
16.K.3.a
Packet Pg. 1867 Attachment: Aerial 1114FEE (26992 : Approve a Stipulated Final Judgment for the taking of Parcel 1114FEE)
[20-CA-3699/1847889/1]
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-3699
v. Parcel: 1114FEE
EDDA SCHNEIDER ALLEN; GLADYS Y SUTIL;
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC., LUCIENNE CYRIL; SUNSHINE WAY
INVESTMENTS, LLC; ENRIQUE O. MIRANDA
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1114FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, GLADYS Y
SUTIL, by and through undersigned counsel, hereby respectfully move this Court for the entry of
the foregoing Stipulated Final Judgment as to Parcel 1114FEE 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(S)
Colleen.Greene@colliercountyfl.gov kjones@hahnlaw.com
Sheri.Malcolm@colliercountyfl.gov jstone@hahnlaw.com
16.K.3.b
Packet Pg. 1868 Attachment: Joint Motion stip FJ P1114FEE (26992 : Approve a Stipulated Final Judgment for the taking of Parcel 1114FEE)
[20-CA-3699/1847889/1]
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
March 2024.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
16.K.3.b
Packet Pg. 1869 Attachment: Joint Motion stip FJ P1114FEE (26992 : Approve a Stipulated Final Judgment for the taking of Parcel 1114FEE)
[20-CA-3699/1847889/1]
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-3699
v. Parcel: 1114FEE
EDDA SCHNEIDER ALLEN; GLADYS Y SUTIL;
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC., LUCIENNE CYRIL; SUNSHINE WAY
INVESTMENTS, LLC; ENRIQUE O. MIRANDA
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1114FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, GLADYS Y SUTIL, by and through counsel,
for the entry of a Stipulated Final Judgment as to Parcel 1114FEE 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, GLADYS Y SUTIL, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of One Hundred Seventeen Thousand One Hundred
Dollars and No/100 ($117,100.00), subject to apportionment, if any, for Parcel 1114FEE, as full
payment for the property interest taken, in connection with said Parcel.
2. Respondent, GLADYS Y SUTIL, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Twenty-One Thousand Eight Hundred Seventy-Nine
16.K.3.b
Packet Pg. 1870 Attachment: Joint Motion stip FJ P1114FEE (26992 : Approve a Stipulated Final Judgment for the taking of Parcel 1114FEE)
[20-CA-3699/1847889/1]
Dollars and No/100 ($21,879.00), for all attorney fees and costs associated with the acquisition
of Parcel 1114FEE.
3. Respondent, GLADYS Y SUTIL, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Two Hundred Sixty-Seven Dollars and 74/100
($267.74) in supplemental attorney’s fees and costs associated with the acquisition of Parcel
1114FEE.
4. Respondent, GLADYS Y SUTIL, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Five Thousand Four Hundred Fifty-One Dollars and
26/100 ($5,451.26), for all expert fees and costs associated with the acquisition of Parcel 1114FEE,
and no other expert fees or costs shall be paid in this matter.
5. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good
faith estimate of value previously deposited in the amount of Sixty-Two Thousand Dollars and
No/100 ($62,000.00), as payment for the acquisition of Parcel 1114FEE, at which time title to said
Parcel as described in Exhibit “A” vested in the name of Petitioner COLLIER COUNTY,
FLORIDA.
6. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Fifty-Five Thousand One Hundred Dollars
and No/100 ($55,100.00), representing the total sum due for the acquisition of Parcel 1114FEE,
subject to apportionment, if any, by depositing the amount into the Court’s Registry.
7. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Twenty-Seven Thousand Five Hundred
Ninety-Eight Dollars and No/100 ($27,598.00), for all attorney’s fees, costs, and expert fees and
16.K.3.b
Packet Pg. 1871 Attachment: Joint Motion stip FJ P1114FEE (26992 : Approve a Stipulated Final Judgment for the taking of Parcel 1114FEE)
[20-CA-3699/1847889/1]
costs due in this matter, by mailing a check to Hahn Loeser & Parks, LLP, c/o Kenneth A. Jones,
Esq., 2400 First Street, Suite 300, Fort Myers, FL 33901.
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. 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.
10. This Order disposes of all claims arising out of the taking of Parcel 1114FEE that
have or could have been asserted in this cause.
11. 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
May 28, 2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
12. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5849, Page 2427 of the Public Records of Collier County, Florida be dismissed as to Parcel
1114FEE.
13. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
16.K.3.b
Packet Pg. 1872 Attachment: Joint Motion stip FJ P1114FEE (26992 : Approve a Stipulated Final Judgment for the taking of Parcel 1114FEE)
[20-CA-3699/1847889/1]
14. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Exhibit “A”
16.K.3.b
Packet Pg. 1873 Attachment: Joint Motion stip FJ P1114FEE (26992 : Approve a Stipulated Final Judgment for the taking of Parcel 1114FEE)