Agenda 06/08/2021 Item #16K 6 (Stipulated Final Judgment for Parcel 231FEE for the VBR Ext Project)06/08/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $117,800.00, plus
attorneys’ fees and costs in the amount of $4,455.00, for the total amount of $122,255.00 for the
taking of Parcel 231FEE, required for the Vanderbilt Beach Road Expansion Project, Project No.,
60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 231FEE 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 231FEE 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 231FEE is a fee simple
acquisition that consists of a strip taking along the rear, southerly boundary of the property which
contains 0.46 acres (19,908 square feet). The property includes a single-family home with improvements
appraised at $37,300.00 that are included in the land taken. The property is owned by Roxanne Benitez.
An aerial photograph of the subject property is attached to this item for reference. The County’s appraisal
estimated full compensation for the parcel at $117,800.00 inclusive of severance damages. The property
owners accepted the County’s offer of $117,800.00 provided that their attorney's fees and costs of
$4,455.00 were paid. If approved by the Board, the County is required to deposit $122,255.00 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 $122,425.00 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. Joint Motion for Stip Order of Taking Stip Final Judgment 231FEE (1) (PDF)
2. Aerial - 231FEE (PDF)
16.K.6
Packet Pg. 2109
06/08/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Doc ID: 16100
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$117,800.00, plus statutory attorneys’ fees and costs in the amount of $4,455.00, for the total amount of
$122,255.00 for the taking of Parcel 231FEE, 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 8:24 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
05/28/2021 8:24 AM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 05/28/2021 8:55 AM
Transportation Engineering Anthony Khawaja Additional Reviewer Completed 05/28/2021 9:27 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 06/01/2021 8:51 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 2:53 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/01/2021 2:55 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/01/2021 3:06 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 06/01/2021 4:41 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 06/02/2021 10:09 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/08/2021 9:00 AM
16.K.6
Packet Pg. 2110
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-645
v. Parcel: 231FEE
SCOTT RITTER; DEBRA RITTER; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC; JIMMY B. CHATHAM; SARAH
S. CHATHAM; ROXANNE BENITEZ; DAVID JOHN DWYER;
SUSAN DWYER; WELLS FARGO BANK, NA; THE BANCORP BANK;
ALLIED MORTGAGE GROUP, INC; TCF NATIONAL BANK;
JOSE DIAZ; SACHIKO DIAZ; PHH HOME LOANS, LLC,
D/B/A SUNBELT LENDING SERVICES, N/K/A PHH MORTGAGE;
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED ORDER OF
TAKING AND FINAL JUDGMENT AS TO PARCEL 231FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, ROXANNE BENITEZ, 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 231FEE attached hereto as Exhibit “A.”
Dated: ________________________ Dated: May 14, 2021
__________________________________
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/ Nabil Joseph, Esq. (with permission)
NABIL JOSEPH, ESQ.
Florida Bar No. 1012159
NJ Law PLLC
3411 Tamiami Trail N., Ste. 100
Naples, FL 34103
Office: (239) 920-5228
Fax: (239) 920-5289
Email: nabil@njlawflorida.com
16.K.6.a
Packet Pg. 2111 Attachment: Joint Motion for Stip Order of Taking Stip Final Judgment 231FEE (1) (16100 : Recommendation to approve a Stipulated Final
2
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, (MTG rec. 9/9/2020 OR 5813, PG 1186) on this ___ day of
May 2021.
.
BY: ______________________________
COLLEEN M. GREENE, ESQUIRE
16.K.6.a
Packet Pg. 2112 Attachment: Joint Motion for Stip Order of Taking Stip Final Judgment 231FEE (1) (16100 : Recommendation to approve a Stipulated Final
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-645
v. Parcel: 231FEE
SCOTT RITTER; DEBRA RITTER; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC; JIMMY B. CHATHAM; SARAH
S. CHATHAM; ROXANNE BENITEZ; DAVID JOHN DWYER;
SUSAN DWYER; WELLS FARGO BANK, NA; THE BANCORP BANK;
ALLIED MORTGAGE GROUP, INC; TCF NATIONAL BANK;
JOSE DIAZ; SACHIKO DIAZ; PHH HOME LOANS, LLC,
D/B/A SUNBELT LENDING SERVICES, N/K/A PHH MORTGAGE;
Respondents.
______________________________________________/
STIPULATED ORDER OF TAKING AND FINAL JUDGMENT FOR PARCEL 231FEE
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, ROXANNE BENITEZ, by and through
counsel, for the entry of a Stipulated Order of Taking and Final Judgment as to Parcel 231FEE 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.
3. The property described herein as Parcel 231FEE is being acquired for a public purpose and
is reasonably necessary to serve this public purpose.
16.K.6.a
Packet Pg. 2113 Attachment: Joint Motion for Stip Order of Taking Stip Final Judgment 231FEE (1) (16100 : Recommendation to approve a Stipulated Final
2
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, ROXANNE BENITEZ, shall recover from Petitioner, COLLIER COUNTY,
FLORIDA the total sum of One Hundred Seventeen Thousand Eight Hundred and No/100
Dollars ($117,800.00) for full compensation, including damages and statutory interests, in
connection with said parcel.
6. Respondent, ROXANNE BENITEZ, shall recover from Petitioner, COLLIER COUNTY,
FLORIDA the total sum of Four Thousand Four Hundred Fifty-Five and No/100 Dollars
($4,455.00) for all attorney’s fees and costs, and no other attorney’s fees or costs shall be paid, in
connection with said parcel.
7. Within twenty (20) days from the date of this Order, Petitioner shall deposit into the Court
Registry the sum of One Hundred Twenty-Two Thousand Two Hundred Fifty-Five and
No/100 Dollars ($122,255.00), and the right, title and interest described in Exhibit “A,” attached
hereto and made a part hereof by reference shall vest in Petitioner.
8. 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.
9. The Collier County Tax Collector may have a claim to the proceeds to be paid for Parcel
231FEE, 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, at the time any order of disbursement is issued.
The amount disbursed to the Collier County Tax Collector shall be calculated using the per diem
rate of $.34 for Parcel 231FEE for all days in the 2021 tax year, up to and including the date of
entry of this Order.
16.K.6.a
Packet Pg. 2114 Attachment: Joint Motion for Stip Order of Taking Stip Final Judgment 231FEE (1) (16100 : Recommendation to approve a Stipulated Final
3
10. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Records Book 5902, Page 3196 of the Public Records of Collier County, Florida is dismissed as to
Parcel 231FEE.
11. The 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 99, 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:
BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 99; THENCE S.89°31'40"W.,
ALONG THE SOUTH LINE OF SAID TRACT 99, FOR 179.98 FEET TO A POINT ON THE
WEST LINE OF THE EAST 180 FEET OF SAID TRACT 99; THENCE N.00°28'46"W.,
ALONG SAID WEST LINE, FOR 110.60 FEET; THENCE N.89°31'10"E., FOR 179.98 FEET
TO A POINT ON THE EAST LINE OF SAID TRACT 99; THENCE S.00°28'47"E., ALONG
SAID EAST LINE, FOR 110.62 FEET TO THE POINT OF BEGINNING OF THE PARCEL
DESCRIBED HEREIN.
CONTAINING 19,908 SQUARE FEET, MORE OR LESS.
BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE.
16.K.6.a
Packet Pg. 2115 Attachment: Joint Motion for Stip Order of Taking Stip Final Judgment 231FEE (1) (16100 : Recommendation to approve a Stipulated Final
Vanderbilt Beach Road Extension Project 60168
Parcel 231FEE
/
PARCEL 231FEE
16.K.6.b
Packet Pg. 2116 Attachment: Aerial - 231FEE (16100 : Recommendation to approve a Stipulated Final Judgment for Parcel 231FEE)