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Agenda 06/22/2021 Item #16K4 (Stipulated Final Judgement - Parcel 1111FEE Project #60168)06/22/2021 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment with pro se Respondent in the amount of $101,500.00 for the taking of Parcel 1111FEE, required for the Vanderbilt Beach Road Expansion Project, Project No., 60168. _____________________________________________________________________________________ OBJECTIVE: To settle full compensation for the taking of Parcel 1111FEE 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 1111FEE 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 1111FEE is a fee simple acquisition area that consists of a strip taking along the rear, southerly boundary of the property which contains 0.34 acres (15,000 square feet). The property includes a single-family home and is owned by Raul Hernandez and Carmen Perez. An aerial photograph of the subject property is attached to this item for reference. The County’s updated appraisal estimated full compensation for the parcel at $101,500.00 inclusive of severance damages and improvements taken. The pro se Respondents accepted the County’s updated good faith estimate of value. There are no statutory attorneys’ fees or expert costs. The Transportation Engineering Division recommends approval of this Stipulated Final Judgment since the Respondent accepted the County’s updated appraisal. 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 $101,500.00 were deposited at the time of the Order of Taking. No additional funds are due. The primary funding source for the acquisition is i mpact 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. P1111FEE - Stipulated - OT SFJ-1 signed (PDF) 2. Aerial Exhibit 1111FEE(2) (PDF) 16.K.4 Packet Pg. 2962 06/22/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.4 Doc ID: 16238 Item Summary: Recommendation to approve a Stipulated Final Judgment with pro se Respondent in the amount of $101,500.00 for the taking of Parcel 1111FEE, required for the Vanderbilt Beach Road Expansion Project, Project No., 60168. Meeting Date: 06/22/2021 Prepared by: Title: Legal Assistant – County Attorney's Office Name: Jessica Hayes 06/10/2021 1:14 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 06/10/2021 1:14 PM Approved By: Review: Transportation Engineering Robert Bosch Additional Reviewer Completed 06/10/2021 2:43 PM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 06/10/2021 2:45 PM Growth Management Department Lisa Taylor Additional Reviewer Completed 06/11/2021 9:11 AM Growth Management Department Trinity Scott Additional Reviewer Completed 06/11/2021 2:33 PM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 06/14/2021 2:50 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/14/2021 3:15 PM Budget and Management Office Ed Finn Additional Reviewer Completed 06/14/2021 5:08 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/15/2021 9:46 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 06/15/2021 11:55 AM Board of County Commissioners Geoffrey Willig Meeting Pending 06/22/2021 9:00 AM 16.K.4 Packet Pg. 2963 [21-CA-1008/1637027/1] 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-1008 v. Parcels: 1111FEE ARLENE PAULSON; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC; DEAN SMITH; DAWN SMITH; RAUL HERNANDEZ; SUNCOAST CREDIT UNION; NAPLES ASSOCIATES IV, LLLP; WELLS FARGO BANK Respondents. ______________________________________________/ JOINT MOTION FOR STIPULATED ORDER OF TAKING AS TO PARCEL 1111FEE Petitioner, COLLIER COUNTY, and Respondent(s), RAUL HERNANDEZ, by and through undersigned counsel, jointly move this Honorable Court for the entry of the proposed Stipulated Order of Taking as to Parcel 1111FEE, attached hereto as Exhibit “1”. ____________________________ ____________________________ COLLEEN M. GREENE, ESQ. RAUL HERNANDEZ Florida Bar No. 502650 Collier County Attorney’s Office _____________________________ 3299 E. Tamimi Trail, Suite 800 CARMEN PEREZ Naples, FL 34112 Telephone: (239) 252-8400 COUNSEL FOR PETITIONER Colleen.Greene@colliercountyfl.gov Sheri.Malcolm@colliercountyfl.gov Raul Hernández 16.K.4.a Packet Pg. 2964 Attachment: P1111FEE - Stipulated - OT SFJ-1 signed (16238 : Recommendation to approve a Stipulated Final Judgment with pro se [21-CA-1008/1637027/1] 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. 5/28/2021 16.K.4.a Packet Pg. 2965 Attachment: P1111FEE - Stipulated - OT SFJ-1 signed (16238 : Recommendation to approve a Stipulated Final Judgment with pro se [21-CA-1008/1637027/1] 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-3708 v. Parcels: 1111FEE LAUREL D. RAUSCH; GENE O. KRUPP; RENEE L. KRUPP; REBECCA L. KRUPP; KAREN J. FOOTE; CAROL KRUPP-JUDKINS; GATOR INVESTMENT OF SW FLA, INC; GATOR HOME CONSTRUCTION, INC; LOUIS JOSEPH VISCONTI AND SUZANNE M. VISCONTI, TRUSTEES OF THE LOUIS JOSEPH VISCONTI AND SUZANNE M. VISCONTI REVOCABLE TRUST DATED APRIL 26, 2013; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC; SANDER LANGEBEEKE; JESSICA MARIE DALLETT; WELLS FARGO BANK, N.A; TYLER DANE CLAWSON; ANDREA MARIE CLAWSON; FIFTH THIRD MORTGAGE CO Respondents. ______________________________________________/ STIPULATED ORDER OF TAKING AS TO PARCEL 1111FEE THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner, COLLIER COUNTY, and Respondent(s), RAUL HERNANDEZ, by and through counsel, for entry of a Stipulated Order of Taking as to Parcel 1111FEE, 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. This 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 1111FEE is being acquired for a public purpose and is reasonably necessary to serve this public purpose. 4. The Amended 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. 16.K.4.a Packet Pg. 2966 Attachment: P1111FEE - Stipulated - OT SFJ-1 signed (16238 : Recommendation to approve a Stipulated Final Judgment with pro se [21-CA-1008/1637027/1] 5. Within twenty (20) days from the date of this Order, pursuant to Florida Statutes Section 73.111, Petitioner, COLLIER COUNTY, shall deposit into the Court Registry the total sum of One Hundred One Thousand Five Hundred and No/100 Dollars ($101,500.00), as the good faith estimate of value as set forth in Petitioner’s Amended Declaration of Taking for Parcel 1111FEE, at which time title to said parcel as described in Exhibit “A” is vested in the name of the Petitioner. 6. This amount constitutes the minimum compensation to be recovered by Respondent(s) and, notwithstanding any verdict that may be rendered below that amount, in no event will Judgment be entered below the amount of the deposit required herein. 7. The Collier County Tax Collector may have a claim to the proceeds to be paid for Parcel 1111FEE 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 $2.64 for all days in the 2021 tax year, up to and including the date of entry of this Order. 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. This Stipulated Order of Taking and Disbursement of Funds is to be recorded in the Official Records of Collier County, Florida. 10. The entry of this Order is without prejudice as to Respondent(s) claim for full compensation for the taking of Parcel 1111FEE. Exhibit “A” 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 West 150 feet of said Tract 43. 16.K.4.a Packet Pg. 2967 Attachment: P1111FEE - Stipulated - OT SFJ-1 signed (16238 : Recommendation to approve a Stipulated Final Judgment with pro se [21-CA-1008/1637052/1] 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-1008 v. Parcels: 1111FEE ARLENE PAULSON; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC; DEAN SMITH; DAWN SMITH; RAUL HERNANDEZ; SUNCOAST CREDIT UNION; NAPLES ASSOCIATES IV, LLLP; WELLS FARGO BANK Respondents. ______________________________________________/ JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCEL 1111FEE COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, by and through undersigned counsel, together with pro se Respondent, RAUL HERNANDEZ, and hereby respectfully move for entry of the Stipulated Final Judgment as to Parcel 1111FEE, attached hereto as Exhibit “1”. 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. ______________________________________ COLLEEN M. GREENE, ESQ. Florida Bar No. 502650 Collier County Attorney’s Office 3299 E. Tamimi Trail, Suite 800 Naples, FL 34112 Telephone: (239) 252-8400 COUNSEL FOR PETITIONER Colleen.Greene@colliercountyfl.gov Sheri.Malcolm@colliercountyfl.gov ________________________________ RAUL HERNANDEZ ____________________________ CARMEN PEREZ Raul Hernandez 5/28/2021 16.K.4.a Packet Pg. 2968 Attachment: P1111FEE - Stipulated - OT SFJ-1 signed (16238 : Recommendation to approve a Stipulated Final Judgment with pro se [21-CA-1008/1637052/1] 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-1008 v. Parcels: 1111FEE ARLENE PAULSON; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC; DEAN SMITH; DAWN SMITH; RAUL HERNANDEZ; SUNCOAST CREDIT UNION; NAPLES ASSOCIATES IV, LLLP; WELLS FARGO BANK Respondents. ______________________________________________/ STIPULATED FINAL JUDGMENT FOR PARCEL 1111FEE THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, and pro se Respondent, RAUL HERNANDEZ, by and through counsel, for entry of a Stipulated Final Judgment as to Parcel 1111FEE for Project No. 60145, 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. Respondent, RAUL HERNANDEZ, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Hundred One Thousand Five Hundred and No/100 Dollars ($101,500.00), subject to apportionment, if any, for Parcel 1111FEE, as full payment for the property interest taken and for any damages resulting to the remainder, if less than the entire property was taken, and for all other damages and costs and attorney’s fees in connection with said parcel. 16.K.4.a Packet Pg. 2969 Attachment: P1111FEE - Stipulated - OT SFJ-1 signed (16238 : Recommendation to approve a Stipulated Final Judgment with pro se [21-CA-1008/1637052/1] 2. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good faith estimate of value deposited in the amount of One Hundred One Thousand Five Hundred and No/100 Dollars ($101,500.00), as payment for acquisition of Parcel 1111FEE. 3. This Order disposes of all claims arising out of the taking of Parcel 1111FEE, and that have, or could have, been asserted in this cause. 4. The fee simple interest in Parcel 1111FEE, being fully described in Exhibit “A” attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated ______________, and the deposit of money heretofore made, is approved, ratified, and confirmed. 5. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 5933, Page 2338 of the Public Records of Collier County, Florida is hereby released as to Parcel 1111FEE. 6. The Court reserves jurisdiction to enforce the terms of this Stipulated Final Judgment. 7. This Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida. Exhibit “A” 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 West 150 feet of said Tract 43. 5/28/2021 16.K.4.a Packet Pg. 2970 Attachment: P1111FEE - Stipulated - OT SFJ-1 signed (16238 : Recommendation to approve a Stipulated Final Judgment with pro se AERIAL – PARCEL 1111FEE (Vanderbilt Beach Rd. Ext. Project No. 60168) /  PARCEL 1111FEE 16.K.4.b Packet Pg. 2971 Attachment: Aerial Exhibit 1111FEE(2) (16238 : Recommendation to approve a Stipulated Final Judgment with pro se Respondent)