Loading...
Agenda 05/13/2025 Item #16K13 (To Settle full compensation for the taking of Parcel 1309FEE required for the construction of the Vanderbilt Beach Road Extension Project No. 60249)5/13/2025 Item # 16.K.13 ID# 2025-1499 Executive Summary Recommendation to approve a Joint Motion for a Stipulated Final Judgment in the amount of $140,000 plus $24,755.48 in statutory attorney and experts’ fees and costs for the taking of Parcel 1309FEE required for the Vanderbilt Beach Road Extension Project No. 60249. OBJECTIVE: To settle full compensation for the taking of Parcel 1309FEE 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 1309FEE 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, southern boundary of the property and is approximately 0.38 acres in extent. The parent tract includes one single-family home and associated site improvements owned by Matthew and Laurie Jeremias and contains 2.50 acres of gross land area, which will be reduced to 2.12 acres after the acquisition. An aerial photograph of the subject property is attached. The County’s appraiser estimated full compensation at $96,000 including severance damages. The property owner’s initial demand was $271,800 plus attorney’s fees and expert fees and costs. The parties participated in mediation and reached an agreement. The attached Joint Motion for Final Judgment reflects a mediated compensation amount of $140,000 plus $19,338 in statutory attorney’s fees, $5,417.48 in expert fees and costs, for a total of $164,755.48. 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 for 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: The County is entitled to a credit of $96,000 for its deposit of the good-faith estimate of value. Funds for the balance of 68,925.48, which includes the Clerk’s $170.00 deposit fee, are available in the Vanderbilt Beach Road Extension Project Capital Fund, Project 60249. 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: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. – CMG RECOMMENDATIONS: To approve the attached Joint Motion for Stipulated Final Judgment and authorize the payment of funds as stated herein. PREPARED BY: Robert Bosch, Manager, Manager ROW Acquisition, Operations and Performance Management ATTACHMENTS: 1. 25-CA-209 P1309FEE Joint Motion for Final Judgment 2. Aerial - Parcel 1309FEE Page 4405 of 5243 Page 4406 of 5243 Page 4407 of 5243 Page 4408 of 5243 Page 4409 of 5243 Page 4410 of 5243 Page 4411 of 5243 AERIAL – PARCEL 1309FEE (Vanderbilt Beach Road Extension Phase 2 Project No. 60249) / PARCEL 1309FEE Page 4412 of 5243