Agenda 06/08/2021 Item #16K 5 (Stipulated Final Judgment for Parcels 1113FEE & 1113DE for the VBR Ext Project)06/08/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $93,250.00, plus
statutory attorneys’ fees and expert costs in the amount of $23,286.50, for the total amount of
$116,536.50 for the taking of Parcels 1113FEE and 1113DE, required for the Vanderbilt Beach
Road Expansion Project, Project No., 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcels 1113FEE and 1113DE 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 Parcels 1113FEE and 1113DE 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. Parcel 1113FEE is a fee
simple acquisition area that consists of a strip taking along the rear, southerly boundary of the property
and is 0.41 acres (18,000 square feet) in extent. Parcel 1113DE is a 272 square foot drainage easement,
rectangular in shape. The property is located along a canal and Parcel 1113FEE will be used to construct
a six-lane bridge over the canal with the roadway constructed seven feet above the current elevation of the
property. The property is currently owned by Adam and Amanda Naylor. An aerial photograph of the
subject property is attached to this item for reference. The County’s appraisal estimated full compensation
for the parcels at $54,100.00 at the time of appraisal, which was updated to $68,000.00 at mediation on
May 21, 2021 due to the increase in market value over the last several months. The property owners’
initial demand was $158,000.00 based on a written appraisal, plus statutory attorney’s fees and expert
costs. Through negotiations, the parties agreed to total compensation in the amount of $93,250.00, plus
statutory attorneys’ fees and expert costs in the amount of $23,286.50, for a total amount of $116,536.50.
If approved by the Board, the County is required to deposit $62,436.50 based on a credit for the good
faith estimate of value deposited at the time of the Order of Taking, 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. Based on Ch. 73, Fla. Stat., the County is required to compensate
all expert witnesses that testify at trial and given the facts of this litigation the County would expect for
each party to present the expert testimony of a construction design engineer, sound engineer, and property
appraiser. 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 $62,606.50 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
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Division, Growth Management Department
ATTACHMENT(S)
1. Joint Motion Final Judgment -1113FEE_DE(1) (PDF)
2. Aerial Exhibit 1113FEE (PDF)
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06/08/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doc ID: 16099
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$93,250.00, plus statutory attorneys’ fees and expert costs in the amount of $23,286.50, for the total
amount of $116,536.50 for the taking of Parcels 1113FEE and 1113DE, 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: Rosa Villarreal
05/28/2021 8:12 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
05/28/2021 8:12 AM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 05/28/2021 9:17 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 06/01/2021 8:51 AM
Transportation Engineering Anthony Khawaja Additional Reviewer Completed 06/01/2021 10:21 AM
Growth Management Department Trinity Scott Additional Reviewer Completed 06/01/2021 10:26 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 06/01/2021 2:50 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/01/2021 2:54 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/01/2021 2:59 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 06/01/2021 4:34 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 06/02/2021 10:08 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/08/2021 9:00 AM
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[20-CA-4072/1637186/1]
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,
Case No. 20-CA-4072
Petitioner, Parcel: 1113FEE/DE
v.
SARALANE HARRER; MURRAY A. HUNKIN; FIFTH THIRD BANK, NA;
ADAM NAYLOR; AMANDA NAYLOR; PNC MORTGAGE, A DIVISION
OF PNC BANK, NA; RONALD M. URBEN; IRINA URBEN;
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC;
FIFTH THIRD BANK as affiliate of Fifth Third Mortgage Co.,
NIKOLAOS ANDREOULAKIS; ANDRIA ANDREOULAKIS;
VIOLETA GALANG HERRERA
Respondents.
______________________________________________/
JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCEL
1113FEE/DE
COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents,
ADAM NAYLOR and AMANDA NAYLOR, by and through undersigned counsel, and hereby
respectfully move this Court for entry of the Stipulated Final Judgment as to Parcel
1113FEE/DE, attached hereto as Exhibit “1”.
____________________________ ____/s/ Kenneth A. Jones_______
COLLEEN M. GREENE, ESQ. KENNETH A. JONES, ESQ
Florida Bar No. 502650 Florida Bar No. 200158
Collier County Attorney’s Office Hahn Loeser & Parks, LLP
3299 E. Tamimi Trail, Suite 800 2400 First Street, Suite 300
Naples, FL 34112 Fort Myers, FL 33901-2904
Telephone: (239) 252-8400 Telephone: (239) 337-6727
COUNSEL FOR PETITIONER COUNSEL FOR RESPONDENTS
Colleen.Greene@colliercountyfl.gov kjones@hahnlaw.com
Sheri.Malcolm@colliercountyfl.gov jstone@hahnlaw.com
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Packet Pg. 2102 Attachment: Joint Motion Final Judgment -1113FEE_DE(1) (16099 : Recommendation to approve a stipulated final judgment for Parcel
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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 on this _____ day
of _________, 2021.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
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Packet Pg. 2103 Attachment: Joint Motion Final Judgment -1113FEE_DE(1) (16099 : Recommendation to approve a stipulated final judgment for Parcel
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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,
Case No. 20-CA-4072
Petitioner, Parcel: 1113FEE/DE
v.
SARALANE HARRER; MURRAY A. HUNKIN; FIFTH THIRD BANK, NA;
ADAM NAYLOR; AMANDA NAYLOR; PNC MORTGAGE, A DIVISION
OF PNC BANK, NA; RONALD M. URBEN; IRINA URBEN;
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC;
FIFTH THIRD BANK as affiliate of Fifth Third Mortgage Co.,
NIKOLAOS ANDREOULAKIS; ANDRIA ANDREOULAKIS;
VIOLETA GALANG HERRERA
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT FOR PARCEL 1113FEE/DE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, ADAM NAYLOR and AMANDA
NAYLOR, by and through counsel, for entry of a Stipulated Final Judgment as to Parcel
1113FEE/DE 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. Respondents, ADAM NAYLOR and AMANDA NAYLOR, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Ninety-Three Thousand Two
Hundred Fifty and No/100 Dollars ($93,250.00), for Parcel 1113FEE/DE, as full payment for
the property interest taken, including damages and statutory interests, in connection with said
parcel.
2. Respondents, ADAM NAYLOR and AMANDA NAYLOR, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Eight Thousand Five Hundred
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Packet Pg. 2104 Attachment: Joint Motion Final Judgment -1113FEE_DE(1) (16099 : Recommendation to approve a stipulated final judgment for Parcel
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and No/100 Dollars ($8,500.00) for all expert fees and costs, and no other expert fees and costs
shall be paid, in connection with said parcel.
3. Respondents, ADAM NAYLOR and AMANDA NAYLOR, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Fourteen Thousand Seven
Hundred Eighty-Six and 50/100 Dollars ($14,786.50) for all attorney’s fees and costs, and no
other attorney’s fees and costs shall be paid, in connection with said parcel.
4. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good
faith estimate of value deposited in the amount of Fifty-Four Thousand One Hundred and
No/100 Dollars ($54,100.00), as payment for acquisition of Parcel 1113FEE/DE.
5. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall deposit into the Court Registry the total sum of Sixty-Two
Thousand Four Hundred Thirty-Six and 50/100 Dollars ($62,436.50), as payment for
acquisition of Parcel 1113FEE/DE, subject to apportionment, if any.
6. This Order disposes of all claims arising out of the taking of Parcel 1113FEE/DE
and that have, or could have, been asserted in this cause.
7. A fee simple taking, being fully described in Exhibit “A” attached hereto and
incorporated herein, which vested in Petitioner pursuant to the Amended Stipulated Order of
Taking dated April 5, 2021, and the deposit of money heretofore made, is approved, ratified, and
confirmed.
8. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 5868, Page 1326 of the Public Records of Collier County, Florida is hereby
released as to Parcel 1113FEE/DE.
9. The Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
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Packet Pg. 2105 Attachment: Joint Motion Final Judgment -1113FEE_DE(1) (16099 : Recommendation to approve a stipulated final judgment for Parcel
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10. 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
Exhibit “A”
Legal Description for Parcel 1113 FEE
A portion of Tract 43, Golden Gate Estates Unit 18, as recorded in Plat Book 7, Page 7, of the
Public Records of Collier County, Florida, lying in Section 34, Township 48 South, Range 27
East, Collier County, Florida, being more particularly described as follows:
The South 100 feet of the East 180 feet of said Tract 43.
Legal Sketch for 1113DE attached.
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Packet Pg. 2106 Attachment: Joint Motion Final Judgment -1113FEE_DE(1) (16099 : Recommendation to approve a stipulated final judgment for Parcel
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Packet Pg. 2107 Attachment: Joint Motion Final Judgment -1113FEE_DE(1) (16099 : Recommendation to approve a stipulated final judgment for Parcel
AERIAL – PARCEL 1113FEE & 1113DE
(Vanderbilt Beach Rd. Ext. Project No. 60168)
PARCEL 1113DE
PARCEL 1113FEE
/
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Packet Pg. 2108 Attachment: Aerial Exhibit 1113FEE (16099 : Recommendation to approve a stipulated final judgment for Parcel 1113FEE/DE)