Agenda 06/08/2021 Item #16K 3 (Stipulated Final Judgment for taking of Parcel 126FEE for the VBR Ext Project)06/08/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $87,500.00, plus
statutory attorneys’ fees and costs in the amount of $16,215.00, for the total amount of $103,715.00
for the taking of Parcel 1206FEE, required for the Vanderbilt Beach Road Expansion Project,
Project No., 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1206FEE 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 1206FEE 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. Parce l 1206FEE is a fee simple
acquisition area that consists of a strip taking along the rear, northerly boundary of the property which
contains 0.41 acres (18,000 square feet). The property includes a single-family home and is owned by
Christopher O’Rourke. An aerial photograph of the subject property is attached to this item for reference.
The County’s original appraisal estimated full compensation for the parcel at $52,000.00 inclusive of
severance damages. The County’s Staff Review Appraiser determined t hat an updated appraisal would
increase by $10,000 to $62,000 given the fast-moving real estate market. The property owners’ initial
demand was $131,000.00, plus statutory attorney’s fees and expert costs. Through negotiations, the
parties agreed to total compensation in the amount of $87,500.00, plus statutory attorneys’ fees and costs
in the amount of $16,215.00, for a total amount of $103,715.00. If approved by the Board, the County is
required to deposit $103,715.00 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 $103,885.00 are available in the Vanderbilt Beach Road
Expansion Project Capital Fund, Project 60168 which includes the $170 Clerk’s deposit fee. 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
authorize the payment of funds as stated herein.
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering
Division, Growth Management Department
ATTACHMENT(S)
1. P1206FEE Joint Motion for Stip Order of Taking Stip Final Judgment(1) (REV) (003) (002)
(002) (DOC)
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2. Aerial Exhibit 1206FEE (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 16085
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$87,500.00, plus statutory attorneys’ fees and costs in the amount of $16,215.00, for the total amount of
$103,715.00 for the taking of Parcel 1206FEE, required for the Vanderbilt Beach Road Expansion
Project, Project No., 60168.
Meeting Date: 06/08/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Jessica Hayes
05/27/2021 11:57 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
05/27/2021 11:57 AM
Approved By:
Review:
Growth Management Department Lisa Taylor Additional Reviewer Completed 05/27/2021 12:33 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 05/27/2021 12:49 PM
Growth Management Department Trinity Scott Additional Reviewer Completed 05/28/2021 6:40 AM
Transportation Engineering Anthony Khawaja Additional Reviewer Completed 05/28/2021 8:38 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 05/28/2021 10:42 AM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 05/28/2021 11:30 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/28/2021 12:45 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 05/29/2021 4:37 PM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 05/31/2021 5:26 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/08/2021 9:00 AM
16.K.3
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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, Case No.: 21-CA-499
v. Parcel 1206FEE
180 12TH AVE NE, LLC; CONSTANCE ANN BRUGGEMAN,
AS TRUSTEE UNDER THAT CERTAIN GARY FAMILY LAND
TRUST DATED MARCH 18, 2020; CHRISTOPHER E. O’ROURKE;
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
GREGORY J. BUHLER; SARAH A. BUHLER; SUNCOAST
CREDIT UNION; SOGNARE LLC; WEST COAST FUND, LLC;
ILEN ESTRADA; ILEN ESTRADA REALTY, INC., A DISSOLVED
FLORIDA CORPORATION
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED ORDER OF
TAKING AND FINAL JUDGMENT AS TO PARCEL 1206FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, CHRISTOPHER E.
O’ROURKE, by and through undersigned counsel, hereby respectfully move this Court for the entry of the
foregoing Stipulated Order of Taking and Final Judgment as to Parcel 1206FEE attached hereto as Exhibit
“A.”
Dated: ________________________ Dated: ________5/28/21__________
__________________________________
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@colliercountyfl.gov
Sheri.Malcolm@colliercountyfl.gov
_/s/ Lorena H. Ludovici___________
LORENA HART LUDOVICI, ESQ
Florida Bar No. 847062
Gaylord Merlin Ludovici & Diaz
5001 W Cypress St
Tampa, FL 33607-3803
Telephone: 813-221-9000
COUNSEL FOR RESPONDENTS
lludovici@gaylordmerlin.com
dwilliams@gaylordmerlin.com
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Packet Pg. 2083 Attachment: P1206FEE Joint Motion for Stip Order of Taking Stip Final Judgment(1) (REV) (003) (002) (002) (16085 : Stipulated Final Judgment
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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, (LMA rec. 3/16/2020 OR 5739 PG 2904) on this ___ day
of __________, 2021.
.
BY: ______________________________
COLLEEN M. GREENE, ESQUIRE
16.K.3.a
Packet Pg. 2084 Attachment: P1206FEE Joint Motion for Stip Order of Taking Stip Final Judgment(1) (REV) (003) (002) (002) (16085 : Stipulated Final Judgment
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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, Case No.: 21-CA-499
v. Parcel 1206FEE
180 12TH AVE NE, LLC; CONSTANCE ANN BRUGGEMAN,
AS TRUSTEE UNDER THAT CERTAIN GARY FAMILY LAND
TRUST DATED MARCH 18, 2020; CHRISTOPHER E. O’ROURKE;
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
GREGORY J. BUHLER; SARAH A. BUHLER; SUNCOAST
CREDIT UNION; SOGNARE LLC; WEST COAST FUND, LLC;
ILEN ESTRADA; ILEN ESTRADA REALTY, INC., A DISSOLVED
FLORIDA CORPORATION
Respondents.
______________________________________________/
STIPULATED ORDER OF TAKING AND FINAL JUDGMENT FOR PARCEL 1206FEE
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, CHRISTOPHER E. O’ROURKE, by and
through the undersigned counsel, for the entry of a Stipulated Order of Taking Final Judgment as
to Parcel 1206FEE 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.
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Packet Pg. 2085 Attachment: P1206FEE Joint Motion for Stip Order of Taking Stip Final Judgment(1) (REV) (003) (002) (002) (16085 : Stipulated Final Judgment
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3. The property described herein as Parcel 1206FEE 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, Christopher E. O’Rourke, shall recover from Petitioner, COLLIER COUNTY,
FLORIDA the total sum of Eighty-Seven Thousand Five Hundred and No/100 Dollars
($87,500.00) for full compensation, including damages and statutory interests, in connection with
said parcel.
6. Respondent, Christopher E. O’Rourke, shall recover from Petitioner, COLLIER COUNTY,
FLORIDA the total sum of Eleven Thousand Seven Hundred Fifteen and No/100 Dollars
($11,715.00) for all attorney’s fees and costs, and no other attorney’s fees or costs shall be paid in
connection with this parcel.
7. Respondent, Christopher E. O’Rourke, shall recover from Petitioner, COLLIER COUNTY,
FLORIDA the total sum of Four Thousand Five Hundred and No/100 Dollars ($4,500.00) for
all expert fees and costs, and no other expert fees or costs shall be paid in connection with this
parcel.
8. Within twenty (20) days from the date of this Order, Petitioner shall deposit into the Court
Registry the sum of One Hundred Three Thousand Seven Hundred Fifteen and No/100
Dollars ($103,715.00), and the right, title and interest described in Exhibit “A,” attached hereto
and made a part hereof by reference shall vest in Petitioner.
9. The Collier County Tax Collector may have a claim to the proceeds to be paid for Parcel
1206FEE 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
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Packet Pg. 2086 Attachment: P1206FEE Joint Motion for Stip Order of Taking Stip Final Judgment(1) (REV) (003) (002) (002) (16085 : Stipulated Final Judgment
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herein to be placed in the court registry, at the time any order of disbursement is issued. The
Respondent(s) and/or their representative shall advise the Clerk of the per diem amount for the tax
year 2021 up to and including the date of taking before any monies are disbursed.
10. Upon deposit into the court registry as set forth above in Paragraphs 6 & 7 above,
the Clerk of Court shall pay to GAYLORD MERLIN LUDOVICI & DIAZ, PL TRUST
ACCOUNT, the sum of Sixteen Thousand Two Hundred Fifteen and No/100 Dollars
($16,215.00), representing the sum of $11,715.00 for attorney fees and $4,500.00 for all experts’
fees and costs and mail same to Lorena Hart Ludovici, Esquire, 5001 West Cypress Street, Tampa,
FL 33607, attorney for Respondent, CHRISTOPHER E, O’ROUKE.
11. The sum of $87,500.00 Less the amount paid to the Collier Tax Collector for pro-
rated ad valorem taxes, shall remain in the Clerk’s Registry pending further order of this Court as
to Parcel 1206FEE.
12. Petitioner, COLLIER COUNTY, FLORIDA, shall construct the project in
substantial conformance with the 90% Construction Design Plans filed with this Court on May 13,
2021.
13. 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.
14. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Records Book 5897, Page 2775 of the Public Records of Collier County, Florida is dismissed as to
Parcel 1206FEE.
15. The Order of Taking and Final Judgment will be recorded in the Official Records of
Collier County, Florida.
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Packet Pg. 2087 Attachment: P1206FEE Joint Motion for Stip Order of Taking Stip Final Judgment(1) (REV) (003) (002) (002) (16085 : Stipulated Final Judgment
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16. This Court reserves jurisdiction to issue further order on disbursement of compensation
and conduct apportionment proceedings, if needed.
DONE AND ORDERED in Naples, Collier County, Florida, this _____ day of ________,
2021.
________________________________________
CIRCUIT JUDGE
Conformed copies provided to:
Colleen M. Greene, Esquire
COLLIER COUNTY ATTONEY’S OFFICE
Colleen.Greene@colliercountyfl.gov
Sheri.Malcom@colliercountyfl.gov
LORENA HART LUDOVI, ESQ.
GAYLORD MERLIN LUDOVICI & DIAZ
lludovici@gaylordmerlin.com
dwilliams@gaylordmerlin.com
Attorneys for Respondent
CHRISTOPHER E. O’ROURKE
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
c/o CT CORPORATION SYSTEM
PLANTATION, FL 33324
LMA rec. 3/16/2020 OR 5739 PG 2904
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Packet Pg. 2088 Attachment: P1206FEE Joint Motion for Stip Order of Taking Stip Final Judgment(1) (REV) (003) (002) (002) (16085 : Stipulated Final Judgment
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Exhibit “A”
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Packet Pg. 2089 Attachment: P1206FEE Joint Motion for Stip Order of Taking Stip Final Judgment(1) (REV) (003) (002) (002) (16085 : Stipulated Final Judgment
AERIAL – PARCEL 1206FEE (Vanderbilt Beach Rd Ext. Project No. 60168) / PARCEL 1206FEE 16.K.3.bPacket Pg. 2090Attachment: Aerial Exhibit 1206FEE (16085 : Stipulated Final Judgment in the amount of $87,500.00)