Agenda 06/08/2021 Item #16K 7 (Stipulated Final Judgment for Parcel 1229FEE for the VBR Ext. Project)06/08/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $60,100.00, plus
statutory attorney's and expert's fees and costs in the amount of $9,195.00, for the total amount of
$69,295.00 for the taking of Parcel 1229FEE, required for the Vanderbilt Beach Road Expansion
Project, Project No., 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1229FEE 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 1229FEE 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 1229FEE is a fee simple
acquisition area that consists of a strip taking along the rear, southerly boundary of the property which
contains 0.42 acres (18,150 square feet). The remainder property will be reduced from 2.5 acres to 2.08
acres. The property is a vacant tract owned by Nicholas Andreoulakis. 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 $45,900.00 inclusive of severance damages. The property owners’ initial demand was
$80,000.00 plus statutory attorney’s fees and expert costs. Through negotiations, the parties agreed to
total compensation in the amount of $60,100.00, plus statutory attorney's and expert's fees and costs in the
amount of $9,195.00, for a total amount of $69,295.00. If approved by the Board, the County is required
to deposit $23,565.00, which includes the Clerk's deposit fee of $170.00, as the County is entitled to a
credit of $45,900 based on the deposit of the good faith estimate of value.
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 $23,565.00 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. P1229 Joint Motion for Stip Final Judgment (PDF)
2. Aerial - Parcel 1229FEE (PDF)
16.K.7
Packet Pg. 2117
06/08/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.7
Doc ID: 16101
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$60,100.00, plus statutory attorneys’ fees and costs in the amount of $9,195.00, for the total amount of
$69,295.00 for the taking of Parcel 1229FEE, 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 8:31 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
05/28/2021 8:31 AM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 05/28/2021 9:08 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 8:52 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 2:51 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 3:01 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 06/01/2021 4:38 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
16.K.7
Packet Pg. 2118
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-3646
v. Parcel: 1229FEE
EDWINA KASPAR, TRUSTEE; MARK GRADISHAR;
PHALLON GRADISHAR; LAKE MICHIGAN CREDIT
UNION; ADVANTA IRA SERVICES, LLC FBO
EUGENE R. DELUCIA IRA; NICHOLAS ANDREOULAKIS;
ROBERT A. MUNZ; AND DONNA THORP MUNZ
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1229FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, NICHOLAS
ANDREOULAKIS, by and through the undersigned counsel, hereby respectfully move this
Court for the entry of the foregoing Stipulated Final Judgment as to Parcel 1229FEE attached
hereto as Exhibit “1.”
Dated: ________________________ Dated: _________________________
__________________________________
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
_____Ryan C. Reese___
RYAN C. REESE, ESQ.
Florida Bar No. 113383
Moore Bowman & Reese, P.A.
4100 W. Kennedy Blvd.; Suite 221
Tampa, Florida 33609
Telephone: (813) 318-9000
Facsimile: (877) 203-5748
rreese@mbrfirm.com
Attorney for Nicholas Andreoulakis
16.K.7.a
Packet Pg. 2119 Attachment: P1229 Joint Motion for Stip Final Judgment (16101 : Recommendation to approve a Stipulated Final Judgment for Parcel 1229FEE)
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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 on this ___ day of _____________ 2021.
BY: ______________________________
COLLEEN M. GREENE, ESQUIRE
16.K.7.a
Packet Pg. 2120 Attachment: P1229 Joint Motion for Stip Final Judgment (16101 : Recommendation to approve a Stipulated Final Judgment for Parcel 1229FEE)
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-3646
v. Parcel: 1229FEE
EDWINA KASPAR, TRUSTEE; MARK GRADISHAR;
PHALLON GRADISHAR; LAKE MICHIGAN CREDIT
UNION; ADVANTA IRA SERVICES, LLC FBO
EUGENE R. DELUCIA IRA; NICHOLAS ANDREOULAKIS;
ROBERT A. MUNZ; AND DONNA THORP MUNZ
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT FOR PARCEL 1229FEE
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, NICHOLAS ANDREOULAKIS, by and
through the undersigned counsel, for the entry of a Stipulated Final Judgment as to Parcel
1229FEE 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 Respondent, NICHOLAS ANDREOULAKIS, have
and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Sixty Thousand
One Hundred and No/100 Dollars ($60,100.00) for Parcel 1229FEE, as full payment for the
property interest taken and for damages resulting to the remainder, if less than the entire property
was taken, and for all other damages and statutory interest; it is further
ORDERED AND ADJUDGED that Respondent, NICHOLAS ANDREOULAKIS, have
and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Seven Thousand
16.K.7.a
Packet Pg. 2121 Attachment: P1229 Joint Motion for Stip Final Judgment (16101 : Recommendation to approve a Stipulated Final Judgment for Parcel 1229FEE)
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Ninety-Five and No/100 Dollars ($7,095.00) for Parcel 1229FEE, for all attorney’s fees and costs,
and no other attorney’s fees or cost shall be paid in this matter; it is further
ORDERED AND ADJUDGED that Respondent, NICHOLAS ANDREOULAKIS, have
and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Two Thousand
One Hundred and No/100 Dollars ($2,100.00) for Parcel 1229FEE, for all expert fees and costs,
and no other expert fees or costs shall be paid in this matter; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the
good faith estimate of value previously deposited in the amount of Forty-Five Thousand Nine
Hundred and No/100 Dollars ($45,900.00), as payment for acquisition of Parcel 1229FEE, at
which time title to said parcel as described in Exhibit “A” vested in the name of the Petitioner; it is
further
ORDERED that within thirty (30) days hereof, Petitioner shall pay the total sum of
Twenty-Three Thousand Three Hundred Ninety-Five and No/100 Dollars ($23,395.00), in
additional funds over the amount previously deposited into the Court Registry; to Respondent,
NICHOLAS ANDREOULAKIS, by mailing a check to Ryan C. Reese, Esq., Moore Bowman &
Reese, P.A., 4100 W. Kennedy Blvd.; Ste. 221, Tampa, FL 33609; it is further
ORDERED that this Order disposes of all claims arising out of the taking of Parcel
1229FEE and that have or could have been asserted in this cause; it is further
ORDERED that the fee-simple interest to Parcel 1229FEE, being fully described in Exhibit
“A” attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of
Taking dated April 12, 2021, and the deposit of money heretofore made, is approved, ratified, and
confirmed; it is further
ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled
cause and recorded in Official Record Book 5847, Page 3404 of the Public Records of Collier
County, Florida be dismissed as to Parcel 1229FEE; it is further
16.K.7.a
Packet Pg. 2122 Attachment: P1229 Joint Motion for Stip Final Judgment (16101 : Recommendation to approve a Stipulated Final Judgment for Parcel 1229FEE)
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ORDERED that the Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment; it is further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of
Collier County, Florida; it is further
ORDERED that Petitioner shall construct its roadway project in substantial conformance to
the 90% construction plans for Project 60168.
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this ____ day of
____________2021.
_____________________________________
THE HONORABLE ELIZABETH V. KRIER
Circuit Court Judge
Exhibit “A”
A portion of Tract 86, GOLDEN GATE ESTATES, UNIT NO. 17, as recorded in Plat Book 7,
Page 5 of the Public Records of Collier County, Florida, lying in Section 35, Township 48 South,
Range 27 East, Collier County, Florida, being more particularly described as follows:
The South 110 feet of the East 165 of said Tract 86.
16.K.7.a
Packet Pg. 2123 Attachment: P1229 Joint Motion for Stip Final Judgment (16101 : Recommendation to approve a Stipulated Final Judgment for Parcel 1229FEE)
AERIAL – PARCEL 1229FEE
VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168
PARCEL 1229FEE
/
16.K.7.b
Packet Pg. 2124 Attachment: Aerial - Parcel 1229FEE (16101 : Recommendation to approve a Stipulated Final Judgment for Parcel 1229FEE)