Agenda 05/11/2021 Item #16K 3 (Final Judgement Parcel 187FEE Project #60168)05/11/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $50,993.00
including statutory attorneys’ fees and costs, for the taking of Parcel 187FEE, required for the
Vanderbilt Beach Road Extension Project, Project No., 60168.
OBJECTIVE: To settle full compensation for the taking of Parcel 187FEE required for the
construction of Vanderbilt Beach Road, Project 60168.
CONSIDERATIONS: On September 22, 2020, the Board authorized, via Resolution No. 2020-175, the
condemnation of Parcel 187FEE 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 8,663 square
feet in size and is owned by Rhys Alexander Fernandez and Elaine Whitney Johnston. The parent tract
contains 1.14 acres of gross land area, which will be reduced to .94 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 $37,000 including severance
damages. The attached Stipulated Final Judgment reflects a negotiated total compensation amount of
$45,600, plus statutory attorneys’ fees in the amount of $3,993.00 and appraisal costs of $1,400.00, for a
total amount of $50,993.00. If approved by the Board, the County is required to deposit $50,993.00, 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 $14,163 (due to the County's credit of $37,000 in the
Court's Registry) 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. P187FEE Joint Motion Final Judgment (PDF)
2. Aerial - Parcel 187FEE (PDF)
16.K.3
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05/11/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 15742
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of
$50,993.00 including statutory attorneys’ fees and costs, for the taking of Parcel 187FEE, required for the
Vanderbilt Beach Road Extension Project, Project No., 60168. (Fiscal Impact: $51,163.00, which
includes the statutory $170 Clerk’s fee)
Meeting Date: 05/11/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
04/30/2021 9:51 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
04/30/2021 9:51 AM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 04/30/2021 10:06 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 04/30/2021 10:37 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 04/30/2021 1:46 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 04/30/2021 3:21 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/30/2021 3:25 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/30/2021 3:48 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 05/03/2021 12:36 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 05/03/2021 2:54 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/11/2021 9:00 AM
16.K.3
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[20-CA-3909/1625133/1]
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,
Petitioner, Case No.: 20-CA-3909
v. Parcel: 187FEE
ROBERT P. BENDER, AS TRUSTEE OF THE
ROBERT P. BENDER REVOCABLE TRUST
AGREEMENT DATED NOVEMBER 28, 1997; DAVID
A. BENDER; STEPHEN M. BENDER; WELLS
FARGO BANK, N.A., SUCCESSOR IN INTEREST TO
WACHOVIA BANK, N.A.; ALEJANDRIA 25, LLC;
RHYS ALEXANDER FERNANDEZ; ELAINE WHITNEY
JOHNSTON; MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC; MARIA E. MOLANO; MARINA
MONTESINO; GILFREDO ADAMES
Respondents.
______________________________________________/
JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCEL 187FEE
COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, by and through
undersigned counsel, together with Respondents, RHYS ALEXANDER FERNANDEZ and
ELAINE WHITNEY JOHNSTON, and hereby respectfully move for entry of the Stipulated
Final Judgment as to Parcel 187FEE, attached hereto as Exhibit “1”.
______________________________________
COLLEEN M. GREENE, ESQ.
Florida Bar No. 502650
JENNIFER A. BELPEDIO, ESQ.
Florida Bar No. 186030
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@colliercountyfl.gov
Jennifer.Belpedio@colliercountyfo.gov
Sheri.Malcolm@colliercountyfl.gov
_____________________________
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
16.K.3.a
Packet Pg. 1022 Attachment: P187FEE Joint Motion Final Judgment (15742 : Approve Stipulated Final Judgment Parcel 187FEE for the Vanderbilt Beach Road
[20-CA-3909/1625133/1]
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 which will send a
notice of electronic filing to parties appearing via electronically, or by U.S. Mail, postage
prepaid, to parties as indicated on the Service List below on this _____ day of _________, 2021.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
SERVICE LIST
PARCEL NO. 187FEE
Rhys Alexander Fernandez
Elaine Whitney Johnston
c/o Noel J. Davies, Esq.
Noel.Davies@DaviesDuke.com
Jarred.Duke@DaviesDuke.com
Catherine.Louise@DaviesDuke.com
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
1901 E. Voorhees St., Suite C
Danville, IL 61834
MTG rec. 3/21/19 OR 5609, PG 2428
16.K.3.a
Packet Pg. 1023 Attachment: P187FEE Joint Motion Final Judgment (15742 : Approve Stipulated Final Judgment Parcel 187FEE for the Vanderbilt Beach Road
[20-CA-3909/1625133/1]
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,
Petitioner, Case No.: 20-CA-3909
v. Parcel: 187FEE
ROBERT P. BENDER, AS TRUSTEE OF THE
ROBERT P. BENDER REVOCABLE TRUST
AGREEMENT DATED NOVEMBER 28, 1997; DAVID
A. BENDER; STEPHEN M. BENDER; WELLS
FARGO BANK, N.A., SUCCESSOR IN INTEREST TO
WACHOVIA BANK, N.A.; ALEJANDRIA 25, LLC;
RHYS ALEXANDER FERNANDEZ; ELAINE WHITNEY
JOHNSTON; MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC; MARIA E. MOLANO; MARINA
MONTESINO; GILFREDO ADAMES
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT FOR PARCEL 187FEE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, RHYS ALEXANDER FERNANDEZ and
ELAINE WHITNEY JOHNSTON, by and through counsel, for entry of a Stipulated Final
Judgment as to Parcel 187FEE 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
16.K.3.a
Packet Pg. 1024 Attachment: P187FEE Joint Motion Final Judgment (15742 : Approve Stipulated Final Judgment Parcel 187FEE for the Vanderbilt Beach Road
[20-CA-3909/1625133/1]
ORDERED AND ADJUDGED that:
1. Respondents, RHYS ALEXANDER FERNANDEZ and ELAINE WHITNEY
JOHNSTON shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of
Forty-Five Thousand Six Hundred and No/100 Dollars ($45,600.00), subject to apportionment,
if any, for Parcel 187FEE, as full payment for the property interest taken and for any damages
resulting to the remainder, if less than the entire property was taken, and for all other damages and
costs and attorney’s fees in connection with said parcel.
2. Respondents, RHYS ALEXANDER FERNANDEZ and ELAINE WHITNEY
JOHNSTON shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Five
Thousand Three Hundred Ninety-three and No/100 Dollars ($5,393.00), for all attorney’s fees
and costs in connection with Parcel 187FEE, and no other attorney’s fees and costs will be paid.
3. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good
faith estimate of value deposited in the amount of Thirty-Seven Thousand and No/100 Dollars
($37,000.00), as payment for acquisition of Parcel 187FEE.
4. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall deposit into the Court Registry the total sum of Thirteen Thousand
Nine Hundred Ninety-three and No/100 Dollars ($13,993.00), as payment for acquisition of
Parcel 187FEE.
5. This Order disposes of all claims arising out of the taking of Parcel 187FEE, and
that have, or could have, been asserted in this cause.
6. The fee simple take of Parcel 187FEE, being fully described in Composite Exhibit
“A” attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of
16.K.3.a
Packet Pg. 1025 Attachment: P187FEE Joint Motion Final Judgment (15742 : Approve Stipulated Final Judgment Parcel 187FEE for the Vanderbilt Beach Road
[20-CA-3909/1625133/1]
Taking dated April 19, 2021, and the deposit of money heretofore made, is approved, ratified,
and confirmed.
7. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 5858, Page 3858 of the Public Records of Collier County, Florida is hereby
released as to Parcel 187FEE.
8. The Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
9. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
DONE AND ORDERED in Naples, Collier County, Florida, this _____ day of
___________, 2021.
HONORABLE ELIZABETH V. KRIER
CIRCUIT COURT JUDGE
16.K.3.a
Packet Pg. 1026 Attachment: P187FEE Joint Motion Final Judgment (15742 : Approve Stipulated Final Judgment Parcel 187FEE for the Vanderbilt Beach Road
[20-CA-3909/1625133/1]
Exhibit “A”
16.K.3.a
Packet Pg. 1027 Attachment: P187FEE Joint Motion Final Judgment (15742 : Approve Stipulated Final Judgment Parcel 187FEE for the Vanderbilt Beach Road
AERIAL – PARCEL 187FEE
Vanderbilt Beach Rd. Ext. Project No. 60168
/
PARCEL 187FEE
16.K.3.b
Packet Pg. 1028 Attachment: Aerial - Parcel 187FEE (15742 : Approve Stipulated Final Judgment Parcel 187FEE for the Vanderbilt Beach Road Extension)