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Agenda 12/09/2025 Item #16K 7 (Stipulated Final Judgment in the amount of $56,000 plus $19,390 in statutory attorney fees, expert fees, and costs for the taking of Parcel 1277FEE required for the Vanderbilt Beach Road Extension Project No. 60249)12/9/2025 Item # 16.K.D I- # 202547802 Executive Summary Recommendation to approve a Stipulated Final Judgment in the amount of $13,000 plus $29,890 in statutory attorney fees, expert fees, and costs for the ta’ing of karcel 2PEEFqq reVuired for the b anderBilt j each Road qxtension kroNect . o6 30P496 OBJECTIVE: To settle full compensation for the ta’ing of karcel 2PEEFqq reVuired for the construction of the b anderBilt j each Road qxtension kroNect . o6 30P496 CONSIDERATIONS: On July 9, P0P4, the j oard authorized, via Resolution . o6 P0P4-281, the condemnation of karcel 2PEEFqq for the construction of road5 ay, drainage and utility improvements reVuired for the expansion and extension of b anderBilt j each Road from 23 th Street . q to qverglades j lvd6 The fee simple acVuisition area consists of a strip ta’ing along the rear, southern Boundary of the property and is approximately 062E acres in extent6 The parent tract is vacant unimproved land o5 ned By weorge ksiachos and contains 2628 acres of gross land area, 5 hich 5 ill Be reduced to 0693 acres after the acVuisition6 An aerial photograph of the suBNect property is attached6 The GountyCs appraiser estimated full compensation at $81,200 including severance damages6 The parties participated in informal negotiations and reached an agreement suBNect to approval By the j oard of Gounty Gommissioners6 The attached Stipulated Final Judgment reflects a negotiated compensation amount of $13,000 plus $U,P10 in statutory attorneyCs fees and $22,240 expert fees, for a total of $E1,8906 Staff recommends approval of this Stipulated Final Judgment since a Better result is not anticipated at trial6 Mpon approval, the Gounty AttorneyCs Office 5 ill file the Joint 7 otion and Stipulated Final Judgment 5 ith the Gircuit Gourt6 This item is consistent 5 ith the Gollier Gounty strategic plan oBNective to design and maintain an effective transportation system to reduce traffic congestion and improve the moBility of our residents and visitors6 FISCAL IMPACT: Gounty is entitled to a credit of $81,200 for its good faith estimate of value6 Funds for the Balance of $40,P90 are availaBle in the b anderBilt j each Road qxtension kroNect Gapital Fund, kroNect 30P496 The primary funding source for the acVuisition of right of 5 ay is through Road Impact Fee District Funds (8090, 8092, 809P, 8098, 8094, 8091) in the b anderBilt j each Road from 23th to qverglades kroNect (30P49)6 Should impact fees not Be sufficient, the secondary funding source 5 ill Be Road Gonstruction was Tax Fund (80U8) and Transportation Gapital Fund (80U2)6 GROWTH MANAGEMENT IMPACT: There is no gro5 th management impact associated 5 ith this action6 LEGAL CONSIDERATIONS: This item is approved as to form and legality and reVuires a maNority vote for j oard approval6 – G7 w RECOMMENDATION(S): To approve the attached Joint 7 otion and Stipulated Final Judgment and authorize the payment of funds as stated herein6 PREPARED BY: RoBert j osch, 7 anager, 7 anager ROW AcVuisition, Operations and kerformance 7 anagement ATTACHMENTS: 26 k2PEEFqq - Joint 7 otion for Stipulated Final Judgment P6 Aerial - karcel 2PEEFqq Page 7108 of 9661 [25-CA-200/1979355/1] 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-200 vs. Parcel 1277FEE Muharam R. Muslimani; Above Homes Corporation; Yves A. Alexis Jean Eddy Alexis; Julie L. Macino; Victoria Nicole Macino; Daniel Richard Macino; George Psiachos; Rob Stoneburner, Collier County Tax Collector, Respondents. ______________________________________________/ JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO PARCEL 1277FEE Petitioner, Collier County, Florida, together with Respondent, George Psiachos, by and through undersigned counsel, hereby respectfully move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel 1277FEE 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 Trail, Suite 800 Naples, FL 34112 Telephone: (239) 252-8400 COUNSEL FOR PETITIONER Colleen.Greene@collier.gov Sally.Ashkar@collier.gov Sheri.Malcolm@collier.gov _/s/ Paul D. Bain________ PAUL D. BAIN, ESQ Florida Bar No. 984655 Trenam Law 101 E. Kennedy Blvd, Suite 2700 Tampa, FL 33602 Telephone: (813) 223-7474 COUNSEL FOR RESPONDENT PBain@trenam.com tpinzari@trenam.com Page 7109 of 9661 [25-CA-200/1979355/1] 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 ______________ 2025. BY: _______________________________ COLLEEN M. GREENE, ESQ. Page 7110 of 9661 [25-CA-200/1979355/1] 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-200 vs. Parcel 1277FEE Muharam R. Muslimani; Above Homes Corporation; Yves A. Alexis Jean Eddy Alexis; Julie L. Macino; Victoria Nicole Macino; Daniel Richard Macino; George Psiachos; Rob Stoneburner, Collier County Tax Collector, Respondents. ______________________________________________/ STIPULATED FINAL JUDGMENT AS TO PARCEL 1277FEE THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner, Collier County, Florida, and Respondent, George Psiachos, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel 1277FEE for Project 60249, 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, George Psiachos, shall recover from Petitioner, Collier County, Florida, the total sum of Fifty-Six Thousand Dollars and No/100 ($56,000.00), for Parcel 1277FEE, as full payment for the property interest taken, including business damages, if any, in connection with said Parcel. 2. Respondent, George Psiachos, shall recover from Petitioner, Collier County, Florida, the total sum of Eight Thousand Two Hundred Fifty Dollars and No/100 ($8,250.00), Page 7111 of 9661 [25-CA-200/1979355/1] for all attorney fees and attorney litigation costs in this case, including fees related to monetary and non-monetary benefits. 3. Respondent, George Psiachos, shall recover from Petitioner, Collier County, Florida, the total sum of Eleven Thousand One Hundred Forty Dollars and No/100 ($11,140.00), for all expert fees and costs, associated with the acquisition of Parcel 1277FEE, and no other expert fees or costs shall be paid in this matter. 4. Petitioner, Collier County, Florida, is entitled to a credit for the good faith estimate of value previously deposited in the amount of Thirty-Five Thousand One Hundred Dollars and No/100 ($35,100.00), as payment for the acquisition of Parcel 1277FEE, at which time title to said Parcel as described in Exhibit “A” vested in the name of Petitioner, Collier County, Florida. 5. Within thirty (30) days from the entry of this Order, Petitioner, Collier County, Florida, shall pay the sum of Forty Thousand Two Hundred Ninety Dollars and No/100 ($40,290.00), representing the balance due for the acquisition of Parcel 1277FEE, and the attorney’s fees and costs, and expert fees and costs, by issuing a check payable to Trenam Law Trust Account, and mailing it to Paul D. Bain, Esq., c/o Trenam Law, 101 E. Kennedy Blvd., Suite 2700, Tampa, FL 33602 for distribution. 6. Collier County's initial construction of the subject project shall substantially conform with the County's 90% construction plans, filed with the Court on March 26, 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. Page 7112 of 9661 [25-CA-200/1979355/1] 7. This Order disposes of all claims arising out of the taking of Parcel 1277FEE that have or could have been asserted in this cause. 8. 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 July 3, 2025, and the deposit of money heretofore made, is approved, ratified, and confirmed. 9. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book 6438, Page 1070 of the Public Records of Collier County, Florida be dismissed as to Parcel 1277FEE. 10. Respondent, Rob Stoneburner, Collier County Tax Collector is dismissed from this action as to Parcel 1277FEE. 11. This Court reserves jurisdiction to enforce the terms of this Stipulated Final Judgment. 12. This Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida. Exhibit “A” Page 7113 of 9661 AERIAL – PARCEL 1277FEE (VANDERBILT BEACH RD EXT (PH 2) PROJECT NO. 60249 PARCEL 1277FEE 12th Ave NE/ Page 7114 of 9661