Agenda 04/27/2021 Item #16K 2 (Stipulated Final Judgment for VBR Expansion - Parcel 195FEE)16. K.2
04/27/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $126,650, including
statutory attorney's fees for the taking of Parcel 195FEE, required for the Vanderbilt Beach Road
Expansion Project, Project No., 60168. (Fiscal Impact: $126,820, which includes the statutory $170
Clerk's fee)
OBJECTIVE: To settle full compensation for the taking of Parcel 195FEE required for the expansion
of Vanderbilt Beach Road, Project 60168.
CONSIDERATIONS: On September 22, 2020, the Board authorized, via Resolution No. 2020-175, the
condemnation of Parcel 195FEE for the construction of roadway, drainage and utility improvements
required for the expansion and extension of Vanderbilt Beach Road from Collier Blvd. to east of 16th
Street NE, and Massey Street from Vanderbilt Beach Road to south of Mockingbird Dr., in order to
protect the health, safety and welfare of the citizens of Collier County. The fee simple acquisition area
consists of a strip taking along the rear, southerly boundary of the property, is approximately 19,004
square feet in size, and is owned by Anthony Michael Litka and Kimberly Ann Vogelbach. The parent
tract contains 2.50 acres of gross land area, which will be reduced to 2.06 acres after the acquisition and is
improved with a single-family residence. An aerial photograph of the subject property is attached to this
item for reference. The County's appraisal estimated full compensation at $93,600 including severance
damages. The property owners initial claim was $140,000.00. Through negotiations, the parties agreed to
total compensation in the amount of $125,000, plus statutory attorneys' fees in the amount of $1,650.00,
for a total amount of $126,650. If approved by the Board, the County is required to deposit $126,650.00,
plus the Clerk's deposit fee of $170.00.
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: Funds in the amount of $126,820.00 are available in the Vanderbilt Beach Road
Expansion Project Capital Fund, Project 60168. The primary funding source for the acquisition is impact
fees. Should impact fees not be sufficient within the project, the secondary funding source will be gas
taxes.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - CMG
RECOMMENDATION: To approve the attached Joint Motion and Stipulated Final Judgment and
authorizes the payment of funds as stated herein.
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering
Division, Growth Management Department
ATTACHMENT(S)
1. FINAL P 195FEE - Joint Motion for Stip Order of Taking Stip Final Judgment (DOC)
2. Location Map 195FEE (PDF)
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16. K.2
04/27/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2
Doe ID: 15668
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$126,650, including statutory attorney's fees for the taking of Parcel 195FEE, required for the Vanderbilt
Beach Road Expansion Project, Project No., 60168. (Fiscal Impact: $126,820, which includes the
statutory $170 Clerk's fee)
Meeting Date: 04/27/2021
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Jessica Hayes
04/21/2021 9:13 AM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
04/21/2021 9:13 AM
Approved By:
Review:
Transportation Engineering
Growth Management Department
Transportation Engineering
Growth Management Department
County Attorney's Office
Office of Management and Budget
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Robert Bosch
Additional Reviewer
Lisa Taylor
Additional Reviewer
Jay Ahmad
Additional Reviewer
Thaddeus Cohen
Additional Reviewer
Colleen Greene
Level 2 Attorney Review
Laura Wells
Level 3 OMB Gatekeeper Review
Laura Zautcke
Additional Reviewer
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Susan Usher
Additional Reviewer
Dan Rodriguez
Level 4 County Manager Review
MaryJo Brock
Meeting Pending
Completed 04/21/2021 10:53 AM
Completed 04/21/2021 11:00 AM
Completed 04/21/2021 11:02 AM
Completed 04/21/2021 11:30 AM
Completed 04/21/2021 11:38 AM
Completed 04/21/2021 11:42 AM
Completed 04/21/2021 11:45 AM
Completed 04/21/2021 1:12 PM
Completed 04/21/2021 1:44 PM
Completed 04/21/2021 2:09 PM
04/27/2021 9:00 AM
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
16. K.2.a
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a political subdivision of
the State of Florida,
Petitioner,
V.
Case No.: 20-CA-4081
Parcel: 195FEE
JOHN E. WENSLEY; ELSY M. WENSLEY; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC;
JUAN HUERTA; EVA HUERTA; JUAN HUERTA
LAWN MAINTENANCE, INC; SUNCOAST CREDIT
UNION; STEVE STUART CARDER; YVONNE TINNIRELLO;
ANTHONY MICHAEL LITKA; KIMBERLY ANN
VOGELBACH; JEFFREY ENGLISH; PUBLIX EMPLOYEES
FEDERAL CREDIT UNION
Respondents.
JOINT MOTION FOR ENTRY OF A STIPULATED ORDER OF
TAKING AND FINAL JUDGMENT AS TO PARCEL 195FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, ANTHONY
MICHAEL LITKA AND KIMBERLY ANN VOGELBACH, hereby respectfully move this
Court for the entry of the foregoing Stipulated Order of Taking and Final Judgment as to Parcel
195FEE attached hereto as Exhibit "A."
Dated:
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
Facsimile: (239) 774-0225
COUNSEL FOR PETITIONER
Colleen. Greene&colliercountfl. gov
Sheri.Malcolm(ccolliercount�fl.gov
Dated:
s/Jarred D. Duke
JARRED D. DUKE, ESQ.
Florida Bar No. 112457
Jarred.Duke@DaviesDuke.com
T: (239) 851-1044
NOEL J. DAVIES, ESQ.
Florida Bar No. 100527
Noel.Davies@DaviesDuke.com
T: (239) 216-2792
5237 Summerlin Commons Boulevard,
Suite V387
Fort Myers, Florida 33907
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically filed with
the Florida Courts E-Filing Portal and sent by US mail to Mortgage Electronic Registration
Systems., Inc., 1901 E. Voorhees St., Suite C, Danville, IL 61834, on this day of April, 2021
I:
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COLLEEN M. GREENE, ESQUIRE
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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,
V.
Case No.: 20-CA-4081
Parcel: 195FEE
JOHN E. WENSLEY; ELSY M. WENSLEY; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC;
JUAN HUERTA; EVA HUERTA; JUAN HUERTA
LAWN MAINTENANCE, INC; SUNCOAST CREDIT
UNION; STEVE STUART CARDER; YVONNE TINNIRELLO;
ANTHONY MICHAEL LITKA; KIMBERLY ANN
VOGELBACH; JEFFREY ENGLISH; PUBLIX EMPLOYEES
FEDERAL CREDIT UNION
Respondents.
STIPULATED ORDER OF TAKING AND FINAL JUDGMENT FOR PARCEL 195FEE
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, together with Respondents, ANTHONY MICHAEL LITKA
AND KIMBERLY ANN VOGELBACH, by and through counsel, for the entry of a Stipulated
Order of Taking and Final Judgment as to Parcel 195FEE for Project No. 60168, 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 thereupon
ORDERED AND ADJUDGED that:
1. The Court has jurisdiction of this cause, the parties hereto and the subject matter hereof.
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2. The pleadings in this cause are sufficient and the Petitioner is properly exercising its
delegated authority.
3. The property described herein as Parcel 195FEE 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. Respondents, Anthony Michael Litka and Kimberly Ann Vogelbach, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA the total sum of One Hundred Twenty -Five
Thousand and No/100 Dollars ($125,000.00) for full compensation, including damages and
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statutory interests, in connection with said parcel.
6. The Collier County Tax Collector may have a claim to the proceeds to be paid for Parcel LL
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195FEE for unpaid ad valorem taxes assessed against said Parcel through the date of taking. Cn
Accordingly, pursuant to the authority under Section 73.061, Fla. Stat., the Clerk is directed to pay
to the Collier County Tax Collector any taxes shown to be due and owing from the funds required
herein to be placed in the court registry. The amount disbursed to the Collier County Tax Collector
shall be calculated using the per diem rate of $.13 for all days in the 2021 tax year, up to and
including the date of entry of this Order.
7. Respondents, Anthony Michael Litka and Kimberly Ann Vogelbach, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA the total sum of One Thousand Six Hundred
Fifty and No/100 Dollars ($1,650.00) for all attorneys' fees, expert fees, and costs, and no other
attorneys' fees, expert fees, or costs shall be paid, in connection with said parcel.
8. Within twenty (20) days from the date of this Order, Petitioner shall deposit into the Court
Registry the total sum of One Hundred Twenty -Six Thousand Six Hundred Fifty and No/100
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Dollars ($126,650.00), and the right, title and interest described in Exhibit "A," attached hereto
and made a part hereof by reference shall vest in Petitioner.
9. Upon deposit, as set forth above, and without further notice of this Court, the Petitioner
shall be entitled to possession of the property described herein.
10. The Notice of Lis Pendens filed in the above -styled cause and recorded in Official
Records Book 5868, Page 1418 of the Public Records of Collier County, Florida is dismissed as to
Parcel 195FEE.
11. The Order of Taking and Final Judgment will be recorded in the Official Records of
Collier County, Florida.
12. This Court reserves jurisdiction to issue further order on disbursement of compensation
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and conduct apportionment proceedings, if needed. 3
DONE AND ORDERED in Chambers in Naples, Florida this day of ;i
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, 2021. W
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HONORABLE LAUREN L. BRODIE c
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CIRCUIT COURT JUDGE
Copies:
Colleen M. Greene, Esq., Colleen. Greene&colliercount�fl.gov
Jarred D. Duke, Esq., Jarred.Duke@DaviesDuke.com
Noel J. Davies, Esq., Noel.Davies@DaviesDuke.com
Mortgage Electronic Registration Systems, Inc., Brandie.peeples(ctheice.com
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Location Map
195FEE
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