Agenda 12/10/2024 Item #16K 3 (Approve a Stipulated Final Judgment in the amount of $44,300 plus $8,217 in statutory attorney fees and costs for the taking of Parcel 1236FEE required for the Vanderbilt Beach Road Extension Project No. 60168.)12/10/2024
Item # 16.K.3
ID# 2024-2007
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $44,300 plus $8,217 in statutory attorney fees
and costs for the taking of Parcel 1236FEE required for the Vanderbilt Beach Road Extension Project No. 60168.
OBJECTIVE: To settle full compensation for the taking of Parcel 1236FEE 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 1236FEE 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 of the property and is approximately 0.17 acres in extent. The parent tract is a vacant lot
owned by Sognare, LLC, and contains 1.14 acres of gross land area, which has been reduced to 0.97 acres after the
acquisition. An aerial photograph of the subject property is attached. The County’s appraiser estimated full
compensation at $23,000 including severance damages, which was adjusted to $31,400 by the Transportation
Engineering Division’s Review Appraiser to account for increases in property prices since the date of the appraisal. The
property owner’s initial demand was $57,340 plus attorney’s fees and costs. The parties participated in informal
negotiations and reached an agreement. The attached Stipulated Final Judgment reflects a negotiated compensation
amount of $44,300 plus $8,217 in statutory attorney’s fees and costs, for a total of $52,517.
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 $23,000 for its deposit of the good faith estimate of value.
Funds for the balance of $29,687, which includes the Clerk’s $170.00 deposit fee, are available in the Vanderbilt Beach
Road / CR951 to 8th Project (60168). The primary funding source for the acquisition of right of way is through Road
Impact Fee District Funds (3090, 3091, 3092, 3093, 3094, 3095). Should impact fees not be sufficient, the secondary
funding source will be Road Construction Gas Tax Fund (3083).
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board
approval. -SAA
RECOMMENDATIONS: 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:
1. Aerial - Parcel 1236FEE
2. P1236FEE Joint Motion for Stipulated Final Judgment
Page 9782 of 10663
AERIAL – PARCEL 1236FEE
(Vanderbilt Beach Road Ext Phase 1- Project No. 60168)
PARCEL 1236FEE
/
Page 9783 of 10663
[21-CA-499/1899778/1]
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-499
v. Parcel 1236FEE
180 12TH AVE NE, LLC; CONSTANCE ANN BRUGGEMAN,
AS TRUSTEE UNDER THAT CERTAIN GARY FAMILY LAND
TRUST DATED MARCH 18, 2020; CHRISTOPHER E. O’ROURKE;
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
GREGORY J. BUHLER; SARAH A. BUHLER; SUNCOAST
CREDIT UNION; SOGNARE LLC; WEST COAST FUND, LLC;
ILEN ESTRADA; ILEN ESTRADA REALTY, INC., A DISSOLVED
FLORIDA CORPORATION
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1236FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, SOGNARE LLC,
by and through undersigned counsel, hereby respectfully move this Court for the entry of the
foregoing Stipulated Final Judgment as to Parcel 1236FEE attached hereto as Exhibit “1”.
___________________________
COLLEEN M. GREENE, ESQ.
Florida Bar No. 502650
SALLY A. ASHKAR, ESQ.
Florida Bar No. 1007665
Collier County Attorney’s Office
3299 E. Tamiami Tr., Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Colleen.Greene@colliercountyfl.gov
Sally.Ashkar@colliercountyfl.gov
Sheri.Malcolm@colliercountyfl.gov
/s/ SUMMER E. DEGEL __
SUMMER E. DEGEL, ESQ.
Florida Bar No. 0106536
Gray Robinson, P.A.
PO Box 3068
Orlando, FL 32802
Telephone: (407) 843-8880
COUNSEL FOR RESPONDENT
Summer.DeGel@gray-robinson.com
Page 9784 of 10663
[21-CA-499/1899778/1]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Entry of a
Stipulated Final Judgment was filed with the FL Courts E-Filing Portal on this ___ day of
____________ 2024.
By: __________________________
SALLY A. ASHKAR, ESQ.
Page 9785 of 10663
[21-CA-499/1899778/1]
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-499
v. Parcel 1236FEE
180 12TH AVE NE, LLC; CONSTANCE ANN BRUGGEMAN,
AS TRUSTEE UNDER THAT CERTAIN GARY FAMILY LAND
TRUST DATED MARCH 18, 2020; CHRISTOPHER E. O’ROURKE;
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
GREGORY J. BUHLER; SARAH A. BUHLER; SUNCOAST
CREDIT UNION; SOGNARE LLC; WEST COAST FUND, LLC;
ILEN ESTRADA; ILEN ESTRADA REALTY, INC., A DISSOLVED
FLORIDA CORPORATION
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1236FEE
(with disbursement instructions to the Clerk)
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, SOGNARE LLC, by and through counsel, for
the entry of a Stipulated Final Judgment as to Parcel 1236FEE 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, SOGNARE LLC, shall recover from Petitioner, COLLIER COUNTY,
FLORIDA, the total sum of Forty-Four Thousand Three Hundred Dollars and No/100
($44,300.00) for Parcel 1236FEE, as full payment for the property interest taken, including any
and all business damages, in connection with said parcel.
2. Respondent, SOGNARE LLC, shall recover from Petitioner, COLLIER COUNTY,
FLORIDA, the total sum of Eight Thousand Two Hundred Seventeen Dollars and No/100
Page 9786 of 10663
[21-CA-499/1899778/1]
($8,217.00) for all attorney’s fees, expert fees, and costs, and no other attorney’s fees, expert fees,
or costs will be paid in this matter.
3. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good
faith estimate of value previously deposited in the amount of Twenty-Three Thousand and
No/100 Dollars ($23,000.00), as payment for the acquisition of Parcel 1236FEE, at which time
title to said parcel as described in Exhibit “A” vested in the name of Petitioner COLLIER
COUNTY, FLORIDA.
4. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Twenty-Nine Thousand Five Hundred
Seventeen Dollars and No/100 ($29,517.00), by issuing a check issuing a check payable to Gray
Robinson PA Trust Account, and mailing the check to Gray Robinson, PA, c/o Summer DeGel,
Esq., 301 E. Pine Street, Suite 1400, Orlando, FL 32801.
5. Within thirty (30) days from the entry of this Order, the CLERK OF COURTS shall
disburse from the Court’s registry the total amount of Twenty-Three Thousand and No/100
Dollars ($23,000.00), by issuing a check issuing a check payable to Gray Robinson PA Trust
Account, and mailing the check to Gray Robinson, PA, c/o Summer DeGel, Esq., 301 E. Pine
Street, Suite 1400, Orlando, FL 32801.
6. This Order disposes of all claims arising out of the taking of Parcel 1236FEE that
have or could have been asserted in this cause.
7. 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 23,
2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
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
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[21-CA-499/1899778/1]
Respondent for the widening of VBR up to 6-lanes. Accordingly, if the project is not constructed
in substantial conformance with the one hundred percent (100%) construction plans for the project,
Respondent shall have the same remedies as would have been afforded to them had the case been
resolved by jury verdict with said plans and specifications having been made a part of the record
at trial. Central & Southern Florida Flood Control District v. Wye River Farms, Inc., 297 So.2d
323 (Fla. 4th DCA 1974); cert. denied 310 So.2d 745 (Fla. 1975).
9. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5897, Page 2775 of the Public Records of Collier County, Florida be dismissed as to Parcel
1236FEE.
10. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
11. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Exhibit “A”
Page 9788 of 10663