Agenda 04/08/2025 Item #16K5 (Stipulated Order of Taking and Final Judgment for the VBR EXT Project)4/8/2025
Item # 16.K.5
ID# 2025-1141
Executive Summary
Recommendation to approve a Stipulated Order of Taking and Final Judgment in the amount of $62,850 plus $11,912.28
in statutory attorney and expert fees and costs for the taking of Parcel 1370FEE required for the Vanderbilt Beach Road
Extension Project No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1370FEE required for the construction of the
Vanderbilt Beach Road Extension Project No. 60249.
CONSIDERATIONS: On July 9, 2024, the Board authorized, via Resolution No. 2024-135, the condemnation of
Parcel 1370FEE for the construction of roadway, drainage and utility improvements required for the expansion and
extension of Vanderbilt Beach Road from 16th Street NE to Everglades Blvd. The fee simple acquisition area consists
of a strip taking along the rear, northern boundary of the property and is approximately 0.24 acres in extent. The parent
tract is vacant land owned by Michael G. Barry and contains 1.59 acres of gross land area, which will be reduced to 1.35
acres after the acquisition. An aerial photograph of the subject property is attached. The County’s appraiser estimated
full compensation at $37,600 including severance damages. The property owner’s initial demand was $92,080 plus
attorney’s fees and expert fees and costs. The parties participated in informal negotiations and reached an agreement.
The attached Stipulated Order of Taking and Final Judgement reflects a negotiated compensation amount of $62,850
plus $8,332.50 in statutory attorney’s fees, $3,579.78 in expert fees and costs, for a total of $74,762.28.
Staff 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.
This item is consistent with the Collier County strategic plan objective to design and maintain an effective transportation
system to reduce traffic congestion and improve the mobility of our residents and visitors.
FISCAL IMPACT: Funds of $74,932.28 are required, being the compensation amount of $74,762.28 including
statutory attorney’s fees, expert fees and costs, and the Clerk’s $170.00 deposit fee. The primary funding source for the
acquisition of right of way is through Road Impact Fee District Funds (3090, 3091, 3092, 3093, 3094, 3095) in the
Vanderbilt Beach Road from 16th to Everglades Project (60249). Should impact fees not be sufficient, the secondary
funding source will be Road Construction Gas Tax Fund (3083) and Transportation Capital Fund (3081).
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board
approval. – CMG
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, Operations & Performance Management Division
ATTACHMENTS:
1. Aerial Exhibit - 1370FEE
2. Joint Motion for STIP OT and Final Judgment 1370FEE(2)
Page 5016 of 5277
AERIAL – PARCEL 1370FEE
(Vanderbilt Beach Road Extension Phase 2 Project No. 60249)
/
12th Ave NE
10th Ave NE
PARCEL 1370FEE
Page 5017 of 5277
[25-CA-245/1921339/1]
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,
Plaintiff,
Case No. 25-CA-245
vs. Parcel: 1370FEE
James R. Meeks; Leanne H. Meeks; Mortgage Electronic
Registration Systems Inc; US Department of Veterans Affairs;
Celia Martin; Perla Davis; Mauricio D. Cifuentes Gomez;
Adriana Ledesma; Orlando Guerra; Dayely Gonzalez;
Orlando Grading Inc; Sunshine City School Transportation LLC;
OGV Investment Inc; Michael G. Barry; Space Coast Credit Union;
and Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR A STIPULATED ORDER OF TAKING AND FINAL
JUDGMENT AS TO PARCEL 1370FEE
COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent,
MICHAEL G. BARRY, by and through undersigned counsel, and hereby respectfully moves for
entry of the Stipulated Order of Taking and Final Judgment, attached hereto as Exhibit “1”.
______________________________________
COLLEEN M. GREENE, ESQ.
Florida Bar No. 502650
Collier County Attorney’s Office
3299 E. Tamiami Trail, Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Colleen.Greene@colliercountyfl.gov
Sheri.Malcolm@colliercountyfl.gov
_/s/ Kenneth A. Jones ______
KENNETH A. JONES, ESQ.
Florida Bar No.
Hahn Loeser & Parks, LLP
2400 First St Ste 300
Fort Myers, FL 33901-2982
Office: 239-337-6722
KJones@hahnlaw.com
JStone@hahnlaw.com
Page 5018 of 5277
[25-CA-245/1921339/1]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated
Order of Taking and Final Judgment was electronically filed with the Florida Courts E-Filing
Portal on this _____ day of ___________________ 2025.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
Page 5019 of 5277
[25-CA-245/1921339/1]
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,
Plaintiff,
Case No. 25-CA-245
vs. Parcel: 1370FEE
James R. Meeks; Leanne H. Meeks; Mortgage Electronic
Registration Systems Inc; US Department of Veterans Affairs;
Celia Martin; Perla Davis; Mauricio D. Cifuentes Gomez;
Adriana Ledesma; Orlando Guerra; Dayely Gonzalez;
Orlando Grading Inc; Sunshine City School Transportation LLC;
OGV Investment Inc; Michael G. Barry; Space Coast Credit Union;
and Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
STIPULATED ORDER OF TAKING & FINAL JUDGMENT FOR PARCEL 1370FEE
(with disbursement instructions to Clerk)
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, MICHAEL G. BARRY, by and through
counsel, for entry of a Stipulated Order of Taking and Final Judgment as to Parcel 1370FEE for
Project No. 60249, and it appearing to the 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 therefore
ORDERED AND ADJUDGED that:
1. The Court has jurisdiction of this cause, the parties hereto and the subject matter
hereof.
2. The pleadings in this cause are sufficient and the Petitioner is properly exercising
its delegated authority.
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[25-CA-245/1921339/1]
3. The property described herein as Parcel 1370FEE is being acquired for a public
purpose and is reasonably necessary to serve this public purpose.
4. The Declaration of Taking and Estimate of Value filed in this cause by the
Petitioner was made in good faith and based on a valid appraisal.
5. Respondent, MICHAEL G. BARRY, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Sixty-Two Thousand Eight Hundred Fifty Dollars and
No/100 ($62,850.00) for Parcel 1370FEE, as full payment for the property interest taken and for
any damages resulting to the remainder, and for all other damages and costs in connection with
said parcel.
6. Respondent, MICHAEL G. BARRY, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Eight Thousand Three Hundred Thirty-Two Dollars
and 50/100 ($8,332.50) for all attorney’s fees and costs, and no other attorney’s fees and costs
shall be paid, in connection with said parcel.
7. Respondent, MICHAEL G. BARRY, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Three Thousand Five Hundred Seventy-Nine Dollars
and 78/100 ($3,579.78) for all expert fees and costs, and no other expert fees or costs shall be paid
in connection with said parcel.
8. The right and title to Parcel 1370FEE, being fully described in Exhibit “A” attached
hereto and incorporated herein, will vest in Petitioner COLLIER COUNTY upon deposit of the
amounts specified above into the Registry of this Court.
9. Within twenty (20) days from the date of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall deposit into the Court Registry the total sum of Seventy-Four
Thousand Seven Hundred Sixty-Two Dollars and 28/100 ($74,762.28) as payment for
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[25-CA-245/1921339/1]
acquisition of Parcel 1370FEE, at which time title to said parcel as described in Exhibit “A” is
vested in the name of the Petitioner.
10.Upon deposit, the Clerk of Courts shall disburse from the Court Registry as follows:
a. The Clerk shall disburse the sum of Eighteen Dollars and Ninety/100 ($18.90)
(based on a $0.21 per day for 90 days for the period of Jan. 1, 2025, through March 30, 2025) to the
Collier County Tax Collector.
b. The Clerk shall disburse the remaining balance of Seventy-Four Thousand Seven
Hundred Forty-Three Dollars and 38/100 ($74,743.38), to Respondent, MICHAEL G.
BARRY, by issuing a check made payable to Kenneth A. Jones Esq., Trust Account, and mailing
it to Kenneth A. Jones, Esq., c/o Hahn Loeser & Parks, LLP, 2400 First Street, Suite 300, Fort
Myers, FL 33901.
11. County's initial construction of the subject project shall substantially conform
with the County's 90% construction plans, filed with the Court on March 25, 2025. The 90%
construction plans provide for two travel lanes; however, the right-of-way footprint is sufficient
to accommodate up to a six-lane road design. No additional compensation shall be due to
Respondent for the future widening of Vanderbilt Beach Road up to four-lanes or six-lanes,
including related roadway improvements to Vanderbilt Beach Road.
12. The parties agree that the Respondent shall be entitled to, and the compensation
provided herein shall compensate, the Respondents for damages incurred as a result thereof.
13. This Stipulated Order of Taking and Final Judgment disposes of all claims arising
out of the taking of Parcel 1370FEE and that have or could have been asserted in this cause.
14. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 6438, Page 3496 of the Public Records of Collier County, Florida is hereby released
as to Parcel 1370FEE.
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[25-CA-245/1921339/1]
15. The Court reserves jurisdiction to enforce the terms of this Stipulated Order of
Taking and Final Judgment.
16. This Stipulated Order of Taking and Final Judgment is to be recorded in the Official
Records of Collier County, Florida.
Exhibit “A”
Page 5023 of 5277