Agenda 05/25/2021 Item #16K11 (Stipulated Order of Taking Parcel 189FEE Project #60168)05/25/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Order of Taking and Final Judgment in the total amount
of $42,500.00 including statutory attorneys’ fees and costs, for the taking of Parcel 189FEE,
required for the Vanderbilt Beach Road Extension Project, Project No., 60168.
_____________________________________________________________________________________
OBJECTIVE: To acquire and settle full compensation for the taking of Parcel 189FEE 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 189FEE 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 and is approximately 8,634
square feet (0.20 acres) in size. The parent tract is owned by the Sitlani Trust and contains 1.14 acres of
gross land area, which will be reduced to 0.94 acres after the acquisition. An aerial photograph of the
subject property is attached to this item for reference. The property owner’s original demand was
$40,00.00 plus attorneys’ fees and costs. The County’s appraiser estimated full compensation at $24,100
including severance damages. The attached Stipulated Final Judgement reflects a negotiated total
compensation amount of $42,500, including statutory attorneys’ fees and appraisal costs.
The Transportation Engineering Division recommends approval of this Stipulated Order of Taking and
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 $42,500.00 plus $170.00 for the Clerk’s filing fee 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 is approved as to form and legality and requires a majority
vote for Board approval. - CMG
RECOMMENDATION: To approve the attached Joint Motion for Stipulated Order of Taking and Final
Judgment and authorize the payment of funds as stated herein.
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering
Division, Growth Management Department
ATTACHMENT(S)
1. P189FEE Stip OT and Final Judgment (DOCX)
2. Aerial - 189FEE (PDF)
16.K.11
Packet Pg. 1988
05/25/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.11
Doc ID: 15958
Item Summary: Recommendation to approve a Stipulated Order of Taking and Final Judgment in
the total amount of $42,500.00 including statutory attorneys’ fees and costs, for the taking of Parcel
189FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168.
Meeting Date: 05/25/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Jessica Hayes
05/18/2021 10:16 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
05/18/2021 10:16 AM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 05/18/2021 11:29 AM
Transportation Engineering Anthony Khawaja Additional Reviewer Completed 05/18/2021 11:34 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 05/18/2021 11:34 AM
Growth Management Department Trinity Scott Additional Reviewer Completed 05/18/2021 3:26 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 05/19/2021 9:44 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/19/2021 10:08 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/19/2021 10:13 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 05/19/2021 10:48 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 05/19/2021 12:21 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/25/2021 9:00 AM
16.K.11
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[20-CA-3586/1633732/1]
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-3586
v. Parcel: 189FEE
GERALD W. MCCOLLUM; SYBLE W. MCCOLLUM;
PATRICK PLUNKETT; GRAYSEN P. JOHNSON, II
PERSEPHONE JOHNSON; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC; WELLS FARGO
BANK, NA, SUCCESSOR IN INTEREST TO WACHOVIA
BANK, NA; MOHAN SITLANI, TRUSTEE, SITLANI TRUST
DATED NOVEMBER 7, 2006, AS AMENDED AND RESTATED
Respondents.
______________________________________________/
JOINT MOTION FOR STIPULATED ORDER OF TAKING AND FINAL JUDGMENT
AS TO PARCEL 189FEE
Petitioner, COLLIER COUNTY, and Respondent(s), MOHAN SITLANI, TRUSTEE,
SITLANI TRUST DATED NOVEMBER 7, 2006, AS AMENDED AND RESTATED, by and
through undersigned counsel, jointly move this Honorable Court for the entry of the proposed
Stipulated Order of Taking and Final Judgment as to Parcel 189FEE, 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 Mason Bolves Donaldson Varn, PA
3299 E. Tamimi Trail, Suite 800 109 N Brush Street, Suite 300
Naples, FL 34112 Tampa, FL 33602
Telephone: (239) 252-8400 Telephone: 813-514-4700
COUNSEL FOR PETITIONER COUNSEL FOR RESPONDENT
Colleen.Greene@colliercountyfl.gov bbolves@mansonbolves.com
Sheri.Malcolm@colliercountyfl.gov
16.K.11.a
Packet Pg. 1990 Attachment: P189FEE Stip OT and Final Judgment [Revision 1] (15958 : Stipulated Order of Taking and Final Judgment in the total amount of
[20-CA-3586/1633732/1]
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
______ 2021.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
16.K.11.a
Packet Pg. 1991 Attachment: P189FEE Stip OT and Final Judgment [Revision 1] (15958 : Stipulated Order of Taking and Final Judgment in the total amount of
[20-CA-3586/1633732/1]
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-3586
v. Parcel: 189FEE
GERALD W. MCCOLLUM; SYBLE W. MCCOLLUM;
PATRICK PLUNKETT; GRAYSEN P. JOHNSON, II
PERSEPHONE JOHNSON; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC; WELLS FARGO
BANK, NA, SUCCESSOR IN INTEREST TO WACHOVIA
BANK, NA; MOHAN SITLANI, TRUSTEE, SITLANI TRUST
DATED NOVEMBER 7, 2006, AS AMENDED AND RESTATED
Respondents.
______________________________________________/
STIPULATED ORDER OF TAKING
AND FINAL JUDGMENT FOR PARCEL 189FEE
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, MOHAN SITLANI, TRUSTEE, SITLANI
TRUST DATED NOVEMBER 7, 2006, AS AMENDED AND RESTATED, by and through the
undersigned counsel, for the entry of a Stipulated Order of Taking and Final Judgment as to Parcel
189FEE 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.
2. The pleadings in this cause are sufficient and the Petitioner is properly exercising its
delegated authority.
16.K.11.a
Packet Pg. 1992 Attachment: P189FEE Stip OT and Final Judgment [Revision 1] (15958 : Stipulated Order of Taking and Final Judgment in the total amount of
[20-CA-3586/1633732/1]
3. The property described herein as Parcel 189FEE 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. Respondent, MOHAN SITLANI, TRUSTEE, SITLANI TRUST DATED NOVEMBER 7,
2006, AS AMENDED AND RESTATED, shall recover from Petitioner, COLLIER COUNTY,
FLORIDA the total sum of Forty-Two Thousand Five Hundred and No/100 Dollars ($42,500.00)
for full compensation, including damages, statutory interests, and all attorney’s fees and costs, in
connection with said parcel.
6. Within twenty (20) days from the date of this Order, Petitioner shall deposit into the Court
Registry the sum of Forty-Two Thousand Five Hundred and No/100 Dollars ($42,500.00), and
the right, title and interest described in Exhibit “A,” attached hereto and made a part hereof by
reference shall vest in Petitioner.
7. 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.
8. The Collier County Tax Collector may have a claim to the proceeds to be paid for Parcel
189FEE 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 $.13 for all days in the 2021 tax year, up to
and including the date of entry of this Order.
9. Upon deposit, as set forth above, the Clerk shall disburse to Respondent, MOHAN
SITLANI, TRUSTEE, SITLANI TRUST DATED NOVEMBER 7, 2006, AS AMENDED AND
16.K.11.a
Packet Pg. 1993 Attachment: P189FEE Stip OT and Final Judgment [Revision 1] (15958 : Stipulated Order of Taking and Final Judgment in the total amount of
[20-CA-3586/1633732/1]
RESTATED, sum of Forty-Two Thousand Five Hundred and No/100 Dollars ($42,500.00),
less the amount due to the tax collector, by mailing a check to Brian A. Bolves, Esq., Manson
Bolves Donaldson Varn, P.A., 109 N Brush St Ste 300, Tampa, FL 33602-4167.
10. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official Records
Book 5847, Page 3545 of the Public Records of Collier County, Florida is dismissed as to Parcel
189FEE.
11. The Stipulated 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 and
conduct apportionment proceedings, if needed.
Exhibit “A”
A PORTION OF TRACT 19, GOLDEN GATE ESTATES UNIT NO. 19, AS RECORDED IN
PLAT BOOK 7, PAGES 77 AND 78, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, LYING IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 19; THENCE
N.89°31'40"E., ALONG THE SOUTH LINE OF SAID TRACT 19, FOR 149.98 FEET TO A
POINT ON THE WEST LINE OF THE EAST 180 FEET OF SAID TRACT 19 AND THE POINT
OF BEGINNING OF THE PARCEL HEREIN DESCRIBED:
THENCE N.00°28'39"W., ALONG SAID WEST LINE, FOR 115.12 FEET; THENCE
N.89°31'10"E., FOR 74.99 FEET TO A POINT ON THE EAST LINE OF THE WEST 75 FEET
OF THE EAST 180 FEET OF SAID TRACT 19; THENCE S.00°28'39"E., ALONG SAID EAST
LINE, FOR 115.13 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT 19; THENCE
S.89°31'40"W., ALONG SAID SOUTH LINE, FOR 74.99 FEET TO THE POINT OF
BEGINNING OF THE PARCEL DESCRIBED HEREIN.
CONTAINING 8,634 SQUARE FEET, MORE OR LESS.
BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE.
16.K.11.a
Packet Pg. 1994 Attachment: P189FEE Stip OT and Final Judgment [Revision 1] (15958 : Stipulated Order of Taking and Final Judgment in the total amount of
AERIAL – PARCEL 189FEE Vanderbilt Beach Rd. Ext. Project No. 60168 / PARCEL 189FEE 16.K.11.bPacket Pg. 1995Attachment: Aerial - 189FEE (15958 : Stipulated Order of Taking and Final Judgment in the total amount of