Agenda 07/13/2021 Item #16K10 (Stipulated Final Judgement - Parcel 186FEE)07/13/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $126,000, plus $24,612
in statutory attorneys’ fees and costs and expert fees and costs, for the taking of Parcel 186FEE,
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 186FEE 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 186FEE 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 19,776 square feet (0.45 acres) in size. The parent tract is owned by Trenton A. Compton
and Andrea L. Windsor a/k/a Andrea Compton, and contains 2.73 acres of gross land area, which will be
reduced to 2.28 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 $203,600. The County’s
appraiser estimated full compensation at $81,800 including severance damages. This amount was
adjusted to $91,000 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 14, 2021. The attached Stipulated Final Judgment reflects a negotiated compensation amount of
$126,000, plus $18,018 in statutory attorneys’ fees and costs and $6,594 in expert fees and costs, for a
total of $150,612.
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., but not to exceed
$7,000.
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 $81,800 based on its deposit of the good faith
estimate of value. Funds for the balance of $68,982, 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
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07/13/2021
designee to process payment of additional statutory attorney’s fees for supplemental proceedings, if any,
as authorized by Ch. 73, Fla. Stat. but not to exceed $7,000.
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering
Division, Growth Management Department
ATTACHMENT(S)
1. EXECUTED 186FEE SFJ; Compton 063021(3) (DOCX)
2. AERIAL 186FEE (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.10
Doc ID: 17416
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$126,000, plus $24,612 in statutory attorneys’ fees and costs and expert fees and costs, for the taking of
Parcel 186FEE, 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 4:17 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/30/2021 4:17 PM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 07/01/2021 7:09 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 07/01/2021 7:20 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 07/01/2021 7:57 AM
Growth Management Department Trinity Scott Additional Reviewer Completed 07/01/2021 10:08 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/01/2021 11:28 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/02/2021 8:29 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 07/02/2021 2:38 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 07/02/2021 3:23 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
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[20-CA-4068/1647222/1]
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 186FEE
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 186FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, TRENTON A.
COMPTON AND ANDREA L. WINDSOR, by and through undersigned counsel, hereby
respectfully move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel
186FEE 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
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Packet Pg. 2587 Attachment: EXECUTED 186FEE SFJ; Compton 063021(3) (17416 : Stipulated Final Judgment in the amount of $126,000)
[20-CA-4068/1647222/1]
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 July
2021.
By:________________________
SALLY A. ASHKAR, ESQ.
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Packet Pg. 2588 Attachment: EXECUTED 186FEE SFJ; Compton 063021(3) (17416 : Stipulated Final Judgment in the amount of $126,000)
[20-CA-4068/1647222/1]
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 186FEE
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 186FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, TRENTON A. COMPTON AND ANDREA
L. WINDSOR, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel
186FEE 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. Respondents, TRENTON A. COMPTON AND ANDREA L. WINDSOR, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Hundred
Twenty-Six Thousand and No/100 Dollars ($126,000.00) for Parcel 186FEE, as full payment
for the property interest taken, in connection with said parcel.
2. Respondent, TRENTON A. COMPTON AND ANDREA L. WINDSOR, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Eighteen Thousand
Eighteen and No/100 Dollars ($18,018.00), for all attorney fees and costs associated with the
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Packet Pg. 2589 Attachment: EXECUTED 186FEE SFJ; Compton 063021(3) (17416 : Stipulated Final Judgment in the amount of $126,000)
[20-CA-4068/1647222/1]
acquisition of Parcel 186FEE. Supplemental attorney’s fee in an amount not to exceed $7,000 may
be awarded, in compliance with F.S.73.092.
3. Respondent, TRENTON A. COMPTON AND ANDREA L. WINDSOR, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Six Thousand Five
Hundred Ninety-Four Dollars and No/100 Dollars ($6,594.00), for all expert fees and costs
associated with the acquisition of Parcel 186FEE, 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 Eighty-One Thousand Eight
Hundred and No/100 Dollars ($81,800.00), as payment for the acquisition of Parcel 186FEE, 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 Forty-Four
Thousand Two Hundred and No/100 Dollars ($44,200.00), as payment for acquisition of Parcel
186FEE, subject to apportionment, if any.
6. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall issue a check in the amount of Twenty-Four Thousand Six
Hundred Twelve and No/100 Dollars ($24,612.00), 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. 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-
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Packet Pg. 2590 Attachment: EXECUTED 186FEE SFJ; Compton 063021(3) (17416 : Stipulated Final Judgment in the amount of $126,000)
[20-CA-4068/1647222/1]
laning of Vanderbilt Beach Road (VBR). No additional compensation shall be due to Respondent
for the widening of VBR up to 6-lanes.
8. This Order disposes of all claims arising out of the taking of Parcel 186FEE that
have or could have been asserted in this cause.
9. 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.
9. 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
186FEE.
10. 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.
11. 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 on next page
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Packet Pg. 2591 Attachment: EXECUTED 186FEE SFJ; Compton 063021(3) (17416 : Stipulated Final Judgment in the amount of $126,000)
[20-CA-4068/1647222/1]
Exhibit “A”
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Packet Pg. 2592 Attachment: EXECUTED 186FEE SFJ; Compton 063021(3) (17416 : Stipulated Final Judgment in the amount of $126,000)
VANDERBILT BEACH ROAD EXT.
PROJECT 60168 - PARCEL 186FEE
/
PARCEL 186FEE
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Packet Pg. 2593 Attachment: AERIAL 186FEE (17416 : Stipulated Final Judgment in the amount of $126,000)