Agenda 07/13/2021 Item #16K 8 (Stipulated Final Judgement - Parcel 184FEE)07/13/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $77,500 plus
$17,657 in statutory attorneys’ fees and costs and expert fees and costs, for the taking of Parcel
184FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168, and
delegate authority to the County Manager or his designee to process payment of additional
statutory attorney’s fees for supplemental proceedings, if any, as authorized by Ch. 73, Fla. Stat.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 184FEE required for the
construction of Vanderbilt Beach Road, Project 60168.
CONSIDERATIONS: On September 22, 2020, the Board authorized, via Resolution No. 2020-175, the
condemnation of Parcel 184FEE 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. The fee simple
acquisition area consists of a strip taking along the rear, northerly boundary of the property and is
approximately 16,483 square feet (0.38 acres) in size. The parent tract is owned by Thomas G. Franks
and Rebecca S. Franks and contains 2.27 acres of gross land area, which will be reduced to 1.89 acres
after the acquisition. An aerial photograph of the subject property is attached to this item for reference.
The property owners’ appraiser valued the parcel at $133,300. The County’s appraiser estimated full
compensation at $50,000 including severance damages. The parties participated in Mediation on June 1,
2021. The attached Stipulated Final Judgment reflects a negotiated compensation amount of $77,500,
plus $10,659 in statutory attorneys’ fees and costs and $6,998 in expert fees and costs, for a total of
$95,157.
Pursuant to Ch. 73, Fla. Stat., Respondent is entitled to additional attorney’s fees for supplemental
proceedings, if any, including disbursement and apportionment proceedings. This Executive Summary
authorizes the County Manager or his designee to process payment of additional statutory attorney’s fees
for supplemental proceedings, if any, pursuant to Sections 73.091 and 73.092, Fla. Stat.
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: The County is entitled to a credit of $50,000 based on its deposit of the good faith
estimate of value. Funds for the balance of $45,327, which includes the Clerk’s $170.00 deposit fee, are
available in the Vanderbilt Beach Road Expansion Project Capital Fund, Project 60168. 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 is approved as to form and legality and requires a majority
vote for Board approval. - SAA
RECOMMENDATION: To approve the attached Joint Motion and Stipulated Final Judgment and
authorize the payment of funds as stated herein and delegate authority to the County Manager or his
designee to process payment of additional statutory attorney’s fees for supplemental proceedings, if any,
as authorized by Ch. 73, Fla. Stat.
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07/13/2021
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering
Division, Growth Management Department
ATTACHMENT(S)
1. EXECUTED 184FEE SFJ; Franks 063021 (DOCX)
2. Aerial - 184FEE (PDF)
16.K.8
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07/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.8
Doc ID: 17413
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of
$77,500 plus $17,657 in statutory attorneys’ fees and costs and expert fees and costs, for the taking of
Parcel 184FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168, and
delegate authority to the County Manager or his designee to process payment of additional statutory
attorney’s fees for supplemental proceedings, if any, as authorized by Ch. 73, Fla. Stat.
Meeting Date: 07/13/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Jessica Hayes
06/30/2021 4:05 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/30/2021 4:05 PM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 07/01/2021 6:54 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 07/01/2021 7:18 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 07/01/2021 8:05 AM
Growth Management Department Trinity Scott Additional Reviewer Completed 07/01/2021 10:11 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/01/2021 1:32 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/02/2021 8:26 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 07/02/2021 3:04 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 07/02/2021 4:11 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/04/2021 4:42 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
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[20-CA-3585/1647219/1]
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-3585
v. Parcel 184FEE
DARIO A. AVILES; THOMAS M. CAFFREY; THOMAS
G. FRANKS; REBECCA S. FRANKS; NATIONSTAR
MORTGAGE, LLC; MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS INC; WELLS FARGO BANK, NA; FIRST FLORIDA
INTEGRITY BANK; RICHARD E. WILLIAMS; CHERYL
L. WILLIAMS; DANIEL E. FIX; HOLLY C. FIX; GREEN
CORRIDOR PROPERTY ASSESSMENT CLEAN ENERGY
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO PARCEL 184FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent(s), THOMAS G. FRANKS
AND REBECCA S. FRANKS, by and through undersigned counsel, hereby respectfully move this Court for
the entry of the foregoing Stipulated Final Judgment as to Parcel 184FEE attached hereto as Exhibit “1”.
___________________________
SALLY A. ASHKAR, ESQ.
Florida Bar No. 1007665
Collier County Attorney’s Office
3299 E. Tamiami Tr., Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Sally.Ashkar@colliercountyfl.gov
Sheri.malcolm@colliercountyfl.gov
_/s/ JOHN M. LEROUX____________
JOHN M. LEROUX, ESQ.
Florida Bar No. 773166
3090 Charles Ave., Suite 200
Clearwater, FL 33761
Telephone: (727) 712-1137
COUNSEL FOR RESPONDENT(S)
john@jmleroux.com
pleadings@jmleroux.com
16.K.8.a
Packet Pg. 2567 Attachment: EXECUTED 184FEE SFJ; Franks 063021 (17413 : Stipulated Final Judgment in the total amount of $77,500)
[20-CA-3585/1647219/1]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Entry of a Stipulated Final
Judgment was filed with the FL Courts E-Filing Portal on this ___ day of ______ 2021.
By:________________________
SALLY A. ASHKAR, ESQ.
16.K.8.a
Packet Pg. 2568 Attachment: EXECUTED 184FEE SFJ; Franks 063021 (17413 : Stipulated Final Judgment in the total amount of $77,500)
[20-CA-3585/1647219/1]
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-3585
v. Parcel 184FEE
DARIO A. AVILES; THOMAS M. CAFFREY; THOMAS
G. FRANKS; REBECCA S. FRANKS; NATIONSTAR
MORTGAGE, LLC; MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS INC; WELLS FARGO BANK, NA; FIRST FLORIDA
INTEGRITY BANK; RICHARD E. WILLIAMS; CHERYL
L. WILLIAMS; DANIEL E. FIX; HOLLY C. FIX; GREEN
CORRIDOR PROPERTY ASSESSMENT CLEAN ENERGY
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 184FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner, COLLIER
COUNTY, FLORIDA, and Respondent(s), THOMAS G. FRANKS AND REBECCA S. FRANKS, by and
through counsel, for the entry of a Stipulated Final Judgment as to Parcel 184FEE for Project 60168, and it
appearing to this 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
ORDERED AND ADJUDGED that:
1. Respondent(s), THOMAS G. FRANKS AND REBECCA S. FRANKS, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Seventy-Seven Thousand Five Hundred and
No/100 Dollars ($77,500.00) for Parcel 184FEE, as full payment for the property interest taken, including
damages and statutory interests, in connection with said parcel.
2. Respondent(s), THOMAS G. FRANKS AND REBECCA S. FRANKS, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Ten Thousand Six Hundred Fifty-Nine and
No/100 Dollars ($10,659.00), for all attorney fees and costs associated with Parcel 184FEE and no other
16.K.8.a
Packet Pg. 2569 Attachment: EXECUTED 184FEE SFJ; Franks 063021 (17413 : Stipulated Final Judgment in the total amount of $77,500)
[20-CA-3585/1647219/1]
attorney fees or costs shall be paid in this matter, unless otherwise authorized by § 73.091, Fla. Stat. (2020)
and § 73.092, Fla. Stat. (2020).
3. Respondent(s), THOMAS G. FRANKS AND REBECCA S. FRANKS, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Six Thousand Nine Hundred Ninety-Eight
Dollars and No/100 Dollars ($6,998.00), for all expert fees and costs associated with Parcel 184FEE and no
other expert fees or costs shall be paid in this matter.
4. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good faith estimate
of value previously deposited in the amount of Fifty Thousand and No/100 Dollars ($50,000.00), as payment
for acquisition of Parcel 184FEE, at which time title to said parcel as described in Exhibit “A” vested in the
name of Petitioner COLLIER COUNTY, FLORIDA.
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 Twenty-Seven Thousand Five Hundred
and No/100 Dollars ($27,500.00), as payment for acquisition of Parcel 184FEE, subject to apportionment, if
any.
6. Within thirty (30) days from the entry of this judgment, Petitioner, COLLIER
COUNTY, FLORIDA, shall issue a check in the amount of Seventeen Thousand Six Hundred Fifty Seven
and No/100 Dollars ($17,657.00) payable to Law Offices of John M. LeRoux, P.A. Trust Account and
deliver said check to John M. LeRoux, Esquire, Law Offices of John M. LeRoux, P.A., 3090 Charles Avenue,
Suite 200, Clearwater, Florida 33761 for the payment of attorney’s fees and costs awarded herein.
7. Although the property now falls below the minimum lot size of 2.25 acres as a result of the
Vanderbilt Beach Road public acquisition, the rights and entitlements of the property shall remain the same as
prior to the Vanderbilt Beach Road public acquisition, and the property shall remain legal and buildable.
Pursuant to Collier County Land Development Code Section 9.03.07.C., lots where the public acquisition
reduces the required minimum yard, lot coverage or lot dimensions can have reduced dimensions equal to that
of the acquisition area.
16.K.8.a
Packet Pg. 2570 Attachment: EXECUTED 184FEE SFJ; Franks 063021 (17413 : Stipulated Final Judgment in the total amount of $77,500)
[20-CA-3585/1647219/1]
8. Petitioner will construct the project in substantial conformance with the ninety percent (90%)
construction plans for the project, which plans are incorporated herein by reference. Respondent understands
and agrees that this Stipulated Final Judgment contemplates the future 6-laning of Vanderbilt Beach Road
(VBR). No additional compensation shall be due to Respondent for the widening of VBR up to 6-lanes.
9. This Order disposes of all claims arising out of the taking of Parcel 184FEE that have or could
have been asserted in this cause.
10. A fee simple taking, being fully described in Exhibit “A” attached hereto and incorporated
herein, which vested in Petitioner pursuant to the Order of Taking dated April 13, 2021, and the deposit of
money heretofore made, is approved, ratified, and confirmed.
11. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book 5847, Page
3531 of the Public Records of Collier County, Florida be dismissed as to Parcel 184FEE.
12. This Court reserves jurisdiction to enforce the terms of this Stipulated Final Judgment, to
apportion the compensation, award attorney’s fees and costs for any apportionment and supplemental
proceedings pursuant to § 73.091, Fla. Stat. (2020) and § 73.092, Fla. Stat. (2020), and enter any further orders
deemed proper.
13. This Stipulated Final Judgment is to be recorded in the Official Records of Collier County,
Florida.
DONE AND ORDERED in Chambers, Naples, Collier County, Florida, on this ____ day of
____________, 2021.
_____________________________________
THE HONORABLE ELIZABETH V. KRIER
Circuit Court Judge
Exhibit “A”
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Packet Pg. 2571 Attachment: EXECUTED 184FEE SFJ; Franks 063021 (17413 : Stipulated Final Judgment in the total amount of $77,500)
[20-CA-3585/1647219/1]
16.K.8.a
Packet Pg. 2572 Attachment: EXECUTED 184FEE SFJ; Franks 063021 (17413 : Stipulated Final Judgment in the total amount of $77,500)
VANDERBILT BEACH ROAD EXTENSION
PROJECT 60168 - PARCEL 184FEE
/
PARCEL 184FEE
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Packet Pg. 2573 Attachment: Aerial - 184FEE (17413 : Stipulated Final Judgment in the total amount of $77,500)