Agenda 05/11/2021 Item #16K 4 (Stipulated Order of Taking Parcel 138FEE Project #60168)05/11/2021
Recommendation to approve a Stipulated Order of Taking in the total amount of $600,000.00 for
the taking of Parcel 138FEE, required for the Vanderbilt Beach Road Extension Project, Project
No., 60168. (Fiscal Impact: $600,170.00, which includes the statutory $170 Clerk’s fee)
OBJECTIVE: To obtain a stipulated order for the taking of Parcel 138FEE 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 138FEE 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. This is a full take, and the County
is acquiring 5.85 acres of land, including a single-family home, which will be demolished for the
construction of Vanderbilt Beach Road. This Stipulated Order of Taking provides certainty for the parties
as to the time the owner may retain possession of her home (through October 31, 2021) and when the
County may take possession. Additionally, it guarantees that the Order of Taking will be obtained
without challenge. An aerial photograph of the subject property is attached to this item for reference. The
County’s appraisal estimated full compensation at $495,000. The owner hired an appraiser and other
experts and is claiming $920,000. The attached Stipulated Order of Taking reflects a negotiated
minimum compensation amount of $600,000, plus statutory attorneys’ fees and costs to be calculated
when final compensation is determined. Once approved by the Board, the County is required to deposit
$600,000.00, plus the Clerk’s deposit fee of $170.00. Further negotiations are required to fully settle this
parcel, which negotiations will be brought to the Board of County Commissioners for approval at a
regularly scheduled Board meeting. If a settlement cannot be negotiated, whether at mediation or
otherwise, the matter will proceed to trial and a jury will determine the final compensation amount.
The Transportation Engineering Division recommends approval of this Stipulated Order of Taking since
it is extremely unlikely that the final compensation amount will be less than $600,000. Upon approval,
the County Attorney’s Office will file the Joint Stipulated of Taking with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $600,170.00 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 s econdary 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 Stipulated Order of Taking 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. P138FEE - stip OT -MTG (PDF)
2. Location Map-Parcel 138FEE (PDF)
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05/11/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doc ID: 15747
Item Summary: Recommendation to approve a Stipulated Order of Taking in the total amount of
$600,000.00 for the taking of Parcel 138FEE, required for the Vanderbilt Beach Road Extension Project,
Project No., 60168. (Fiscal Impact: $600,170.00, 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 1:49 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
04/30/2021 1:49 PM
Approved By:
Review:
Growth Management Department Lisa Taylor Additional Reviewer Completed 04/30/2021 1:51 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 04/30/2021 2:20 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 04/30/2021 2:26 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 04/30/2021 3:23 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 3:49 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 05/03/2021 12:00 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 05/03/2021 2:51 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/11/2021 9:00 AM
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[21-CA-558/1627423/1]
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.: 21-CA-558
v. Parcels: 138FEE
ELAINE BETH HOROWITZ F/K/A ELAINE B. PHILLIPS;
SUNCOAST CREDIT UNION; JOSEFA DELVALLE; PEDRO
MAYDEL GARCIA; ALL FLATBED TRANSPORT, LLC;
SELECT PORTFOLIO SERVICING, INC; WILLIAM BERT
LECUYER, JR; FELIZITAS G. LECUYER; PARK REVOLVING
TRUST; ROBERT D. CARTER; MADELIN CARTER;
CHRISTOPHER F. SLABY PAMELA L. SLABY; JP MORGAN
CHASE BANK SUCCESSOR IN ACQUISITION TO WASHINGTON
MUTUAL BANK, SUCCESSOR IN INTEREST TO HOMESIDE
LENDING, SUCCESSOR BY MERGER WITH BARNET
MORTGAGE COMPANY
Respondents.
______________________________________________/
JOINT MOTION FOR STIPULATED ORDER OF TAKING AS TO PARCEL 138FEE
Petitioner, COLLIER COUNTY, and Respondent, ELAINE BETH HOROWITZ F/K/A
ELAINE B. PHILLIPS, by and through undersigned counsel, jointly move this Honorable Court
for the entry of the proposed Stipulated Order of Taking as to Parcel 138FEE, attached hereto as
Exhibit “1”.
____________________________ _/s/ Brian A. Bolves____________
COLLEEN M. GREENE, ESQ. BRIAN A. BOLVES, ESQ
Florida Bar No. 502650 Florida Bar No. 367079
Collier County Attorney’s Office Manson Bolves Donaldson Varn P.A
3299 E. Tamimi Trail, Suite 800 109 N Brush St Ste 300
Naples, FL 34112 Tampa, FL 33602
Telephone: (239) 252-8400 Telephone: (813) 514-4700
COUNSEL FOR PETITIONER COUNSEL FOR RESPONDENTS
Colleen.Greene@colliercountyfl.gov bbolves@mansonbolves.com
Sheri.Malcolm@colliercountyfl.gov
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Packet Pg. 1031 Attachment: P138FEE - stip OT -MTG (15747 : Approve a Stipulated Order of Taking Parcell 138FEE in Vanderbilt Beach Road Extension)
[21-CA-558/1627423/1]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated
Order of Taking was electronically filed with the Florida Courts E-Filing Portal on this _____
day of April 2021, and by US Mail to Suncoast Credit Union, 6804 E Hillsborough Avenue,
Tampa, FL 33610, MTG rec 3/12/14 OR 5016 PG 748.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
16.K.4.a
Packet Pg. 1032 Attachment: P138FEE - stip OT -MTG (15747 : Approve a Stipulated Order of Taking Parcell 138FEE in Vanderbilt Beach Road Extension)
[21-CA-558/1627423/1]
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.: 21-CA-558
v. Parcels: 138FEE
ELAINE BETH HOROWITZ F/K/A ELAINE B. PHILLIPS;
SUNCOAST CREDIT UNION; JOSEFA DELVALLE; PEDRO
MAYDEL GARCIA; ALL FLATBED TRANSPORT, LLC;
SELECT PORTFOLIO SERVICING, INC; WILLIAM BERT
LECUYER, JR; FELIZITAS G. LECUYER; PARK REVOLVING
TRUST; ROBERT D. CARTER; MADELIN CARTER;
CHRISTOPHER F. SLABY PAMELA L. SLABY; JP MORGAN
CHASE BANK SUCCESSOR IN ACQUISITION TO WASHINGTON
MUTUAL BANK, SUCCESSOR IN INTEREST TO HOMESIDE
LENDING, SUCCESSOR BY MERGER WITH BARNET
MORTGAGE COMPANY
Respondents.
______________________________________________/
STIPULATED ORDER OF TAKING AS TO PARCEL 138FEE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, and Respondent, ELAINE BETH HOROWITZ F/K/A ELAINE B.
PHILLIPS, by and through counsel, for entry of a Stipulated Order of Taking as to Parcel 138FEE,
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. This Court has jurisdiction of this cause, the parties hereto and the subject matter
hereof.
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Packet Pg. 1033 Attachment: P138FEE - stip OT -MTG (15747 : Approve a Stipulated Order of Taking Parcell 138FEE in Vanderbilt Beach Road Extension)
[21-CA-558/1627423/1]
2. The pleadings in this cause are sufficient and the Petitioner is properly exercising
its delegated authority.
3. The property described herein as Parcel 138FEE 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. Within twenty (20) days from the date of this Order, pursuant to Florida Statutes
Section 73.111, Petitioner, COLLIER COUNTY, shall deposit into the Court Registry the total
sum of Six Hundred Thousand and No/100 Dollars ($600,000.00), as the good faith estimate of
value for Parcel 138FEE, at which time title to said parcel as described in Exhibit “A” is vested in
the name of the Petitioner.
6. This amount constitutes the minimum compensation to be recovered by Respondent
and, notwithstanding any verdict that may be rendered below that amount, in no event will
Judgment be entered below the amount of the deposit required herein.
7. The Collier County Tax Collector may have a claim to the proceeds to be paid for
Parcel 138FEE for unpaid ad valorem taxes assessed against said Parcel through the date of
taking. 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 $3.76 for all days in the 2021 tax year,
up to and including the date of entry of this Order. Payment to the Tax Collector shall be at the
time of the Order of Disbursement.
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Packet Pg. 1034 Attachment: P138FEE - stip OT -MTG (15747 : Approve a Stipulated Order of Taking Parcell 138FEE in Vanderbilt Beach Road Extension)
[21-CA-558/1627423/1]
8. Upon deposit, as set forth above, and without further notice of this Court, Title of
said property shall be vested in the Petitioner. Respondent shall retain possession of Parcel 138FEE
through October 31, 2021. Petitioner shall be allowed access to the Parcel for inspections during
this time.
9. This Stipulated Order of Taking and Disbursement of Funds is to be recorded in the
Official Records of Collier County, Florida.
10. The entry of this Order is without prejudice as to Respondent claim for full
compensation for the taking of Parcel 138FEE.
DONE AND ORDERED in Chambers, Collier County, Naples, Florida, this ___ day of
_________ 2021.
THE HONORABLE ELIZABETH V. KRIER
Circuit Court Judge
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Packet Pg. 1035 Attachment: P138FEE - stip OT -MTG (15747 : Approve a Stipulated Order of Taking Parcell 138FEE in Vanderbilt Beach Road Extension)
[21-CA-558/1627423/1]
Exhibit “A”
A portion of Tract 113, Golden Gate Estates Unit No. 6, as recorded in Plat Book 4, Page
93, of the Public Records of Collier County, Florida, lying in Section 1, Township 49 South,
Range 26 East, Collier County, Florida, being more particularly described as follows:
Tract 113, Golden Gate Estates Unit 6, as recorded in Plat Book 4, Page 93, of the Public
Records of Collier County, Florida, Less the West 80 feet of the North 110 feet.
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Packet Pg. 1036 Attachment: P138FEE - stip OT -MTG (15747 : Approve a Stipulated Order of Taking Parcell 138FEE in Vanderbilt Beach Road Extension)
Location Map
60168 - 138FEE
/
PARCEL 138FEE
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Packet Pg. 1037 Attachment: Location Map-Parcel 138FEE (15747 : Approve a Stipulated Order of Taking Parcell 138FEE in Vanderbilt Beach Road Extension)