Agenda 07/13/2021 Item #16K 9 (Stipukated Final Judgement - Parcel 210FEE)07/13/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $75,000, plus
$17,601 in statutory attorneys’ fees and costs and expert fees and costs, for the taking of Parcel
210FEE, 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 210FEE 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 210FEE 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, southerly boundary of the property and is
approximately 15,691 square feet (0.36 acres) in size. The parent tract is owned by Brian William Mellon
and contains 2.27 acres of gross land area, which will be reduced to 1.91 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 $123,800. The County’s appraiser estimated full compensation at $47,700
including severance damages. This amount was adjusted to $50,000 to account for the increase in
property values between the date of the appraisal and the date of the deposit of funds following the order
of taking. The parties participated in Mediation on June 1, 2021. The attached Stipulated Final Judgment
reflects a negotiated compensation amount of $75,000, plus $10,461 in statutory attorneys’ fees and costs
and $7,140 in expert fees and costs, for a total of 92,601.
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 $47,700 based on its deposit of the good faith
estimate of value. Funds for the balance of $45,071, 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.
16.K.9
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07/13/2021
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering
Division, Growth Management Department
ATTACHMENT(S)
1. Executed 210FEE SFJ; Mellon 063021 (DOCX)
2. Aerial - 210FEE (PDF)
16.K.9
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07/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.9
Doc ID: 17414
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of
$75,000, plus $17,601 in statutory attorneys’ fees and costs and expert fees and costs, for the taking of
Parcel 210FEE, 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 4:11 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/30/2021 4:11 PM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 07/01/2021 7:00 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 07/01/2021 7:19 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 07/01/2021 8:03 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 11:30 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/02/2021 8:35 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 07/02/2021 3:02 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 07/02/2021 4:10 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/04/2021 4:41 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
16.K.9
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[20-CA-4068/1647217/1]
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-4068
v. Parcel 210FEE
TRENTON A. COMPTON; ANDREA L. WINDSOR
PHH MORTGAGE CORPORATION SUCCESSOR IN
INTEREST TO OCWEN LOAN SERVICING, LLC; KEVIN KIMBALL
BRIAN WILLIAM MELLON; M. RICHARD MELLON,
INDIVIDUALLY AND AS TRUSTEE OF THE EDWARD AND YETTA
MELLON TRUST AGREEMENT FOR THE BENEFIT OF BRIAN
WILLIAM MELLON; JUNIOR M. SERRANO; FILIBERTO MACIAS, JR;
NANCY MACIAS; BENJAMIN CAMP; JAMIE RABUANO;
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 210FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, BRIAN
WILLIAM MELLON, by and through undersigned counsel, hereby respectfully move this Court
for the entry of the foregoing Stipulated Final Judgment as to Parcel 210FEE 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
BRIAN WILLIAM MELLON
john@jmleroux.com
pleadings@jmleroux.com
16.K.9.a
Packet Pg. 2577 Attachment: Executed 210FEE SFJ; Mellon 063021 (17414 : Stipulated Final Judgment in the total amount of $75,000)
[20-CA-4068/1647217/1]
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.9.a
Packet Pg. 2578 Attachment: Executed 210FEE SFJ; Mellon 063021 (17414 : Stipulated Final Judgment in the total amount of $75,000)
[20-CA-4068/1647217/1]
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-4068
v. Parcel 210FEE
TRENTON A. COMPTON; ANDREA L. WINDSOR
PHH MORTGAGE CORPORATION SUCCESSOR IN
INTEREST TO OCWEN LOAN SERVICING, LLC; KEVIN KIMBALL
BRIAN WILLIAM MELLON; M. RICHARD MELLON,
INDIVIDUALLY AND AS TRUSTEE OF THE EDWARD AND YETTA
MELLON TRUST AGREEMENT FOR THE BENEFIT OF BRIAN
WILLIAM MELLON; JUNIOR M. SERRANO; FILIBERTO MACIAS, JR;
NANCY MACIAS; BENJAMIN CAMP; JAMIE RABUANO;
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 210FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, BRIAN WILLIAM MELLON, by and
through counsel, for the entry of a Stipulated Final Judgment as to Parcel 210FEE 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, BRIAN WILLIAM MELLON, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Seventy-Five Thousand and No/100 Dollars
($75,000.00) for Parcel 210FEE, as full payment for the property interest taken, including
damages and statutory interests, in connection with said parcel.
16.K.9.a
Packet Pg. 2579 Attachment: Executed 210FEE SFJ; Mellon 063021 (17414 : Stipulated Final Judgment in the total amount of $75,000)
[20-CA-4068/1647217/1]
2. Respondent, BRIAN WILLIAM MELLON, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Ten Thousand Four Hundred Sixty-One and
No/100 Dollars ($10,461.00), for all attorney fees and costs associated with the full compensations
paid for Parcel 210FEE. and no other 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, BRIAN WILLIAM MELLON, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Seven Thousand One Hundred Forty Dollars
and No/100 Dollars ($7,140.00), for all expert fees and costs associated with the full
compensations paid for Parcel 210FEE 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 Forty-Seven Thousand Seven
Hundred and No/100 Dollars ($47,700.00), as payment for acquisition of Parcel 210FEE, 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 Three Hundred and No/100 Dollars ($27,300.00), as payment for acquisition of
Parcel 210FEE, 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
One and No/100 Dollars ($17,601.00) 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 fo r 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 County’s condemnation action, the rights and entitlements for improvement,
16.K.9.a
Packet Pg. 2580 Attachment: Executed 210FEE SFJ; Mellon 063021 (17414 : Stipulated Final Judgment in the total amount of $75,000)
[20-CA-4068/1647217/1]
development and redevelopment 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.
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 210FEE that
have or could have been asserted in this cause as to the amount of full compensation to be paid for
Parcel 210FEE.
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
5868, Page 1223 of the Public Records of Collier County, Florida be dismissed as to Parcel
210FEE.
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.
16.K.9.a
Packet Pg. 2581 Attachment: Executed 210FEE SFJ; Mellon 063021 (17414 : Stipulated Final Judgment in the total amount of $75,000)
[20-CA-4068/1647217/1]
DONE AND ORDERED in Chambers, Naples, Collier County, Florida, on this ____ day
of ____________, 2021.
_____________________________________
THE HONORABLE ELIZABETH V. KRIER
Circuit Court Judge
Exhibit “A”
16.K.9.a
Packet Pg. 2582 Attachment: Executed 210FEE SFJ; Mellon 063021 (17414 : Stipulated Final Judgment in the total amount of $75,000)
AERIAL – PARCEL 210FEE
VANDERBILT BEACH ROAD EXT. PROJECT NO. 60168
PARCEL 210
/
16.K.9.b
Packet Pg. 2583 Attachment: Aerial - 210FEE (17414 : Stipulated Final Judgment in the total amount of $75,000)