Agenda 09/09/2025 Item #16K 2 (Stipulated Final Judgment - Parcel 1285FEE required for the Vanderbilt Beach Road Extension Project #60249)9/9/2025
Item # 16.K.2
ID# 2025-2777
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $122,500 plus $29,792 in statutory attorney
and experts’ fees and costs for the taking of Parcel 1285FEE required for the Vanderbilt Beach Road Extension Project
No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1285FEE 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 1285FEE 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, southerly boundary of the property and is approximately 0.24 acres in extent. The parent
tract includes one single-family home and associated site improvements owned by Angel A. Martinez Quintero and
contains 1.59 acres of gross land area, which has been 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 $56,300 including severance
damages. The property owner’s initial demand was $201,800 plus attorney’s fees and expert fees and costs. The parties
participated in mediation and reached an agreement. The attached Stipulated Order of Taking and Final Judgment
reflects a negotiated compensation amount of $122,500 plus $21,846 in statutory attorney’s fees, and $7,946 in expert
fees and costs, for a total of $152,292. The settlement does not include supplemental attorney’s fees, which are often
associated with apportionment proceedings that occur after settlement funds are deposited with the Court. If any such
fees are claimed, a separate item will be presented to the Board for approval of payment. Pursuant to Chapter 73, Florida
Statutes, the taking authority is responsible for payment of supplemental attorney’s fees.
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: County is entitled to a credit of $56,300 for its good faith estimate of value. Funds for the balance
of $96,162, 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. –
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, Manager ROW Acquisition, Operations and Performance Management
ATTACHMENTS:
1. Joint Motion for SFJ signed by MRW
2. Aerial - Parcel 1285FEE
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AERIAL – PARCEL 1285FEE
(Vanderbilt Beach Road Extension Phase 2 Project No.60249)
/
12th Ave NE
PARCEL 1285FEE
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