Agenda 07/13/2021 Item #16K16 (Stipulated Final Judgement - Parcel 1215FEE)07/13/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $60,000, plus $14,553 in
statutory attorneys’ fees and costs and expert fees and costs, for the taking of Parcel 1215FEE,
required for the Vanderbilt Beach Road Extension Project, Project No., 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1215FEE 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 1215FEE 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 15,000 square feet (0.34 acres) in size. The parent tract is owned by Heliam Ulises Lopez -
Martinez, and contains 2.27 acres of gross land area, which will be reduced to 1.93 acres after the
acquisition. An aerial photograph of the subject property is attached to this item for reference. The
property owner’s appraiser valued the parcel at $75,800. The County’s appraiser estimated full
compensation at $46,000 including severance damages. This amount was adjusted to $49,000 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 informal negotiations and reached an agreement.
The attached Stipulated Final Judgement reflects a negotiated compensation amount of $60,000, plus
$8,250 in statutory attorneys’ fees and costs and $6,303 in expert fees and costs, for a total of $74,553.
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 $46,000 based on its deposit of the good faith
estimate of value. Funds for the balance of $28,723, 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.
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering
Division, Growth Management Department
ATTACHMENT(S)
1. EXECUTED 1215FEE SFJ; Lopez-Martinez (DOCX)
2. Aerial - Parcel 1215FEE (PDF)
16.K.16
Packet Pg. 2633
07/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.16
Doc ID: 17427
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$60,000, plus $14,553 in statutory attorneys’ fees and costs and expert fees and costs, for the taking of
Parcel 1215FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168.
Meeting Date: 07/13/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Jessica Hayes
07/01/2021 11:57 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
07/01/2021 11:57 AM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 07/01/2021 1:24 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 07/01/2021 1:28 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 07/01/2021 2:11 PM
Growth Management Department Trinity Scott Additional Reviewer Completed 07/01/2021 4:51 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/02/2021 8:27 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/02/2021 9:19 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 07/02/2021 2:25 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 07/02/2021 3:05 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/04/2021 4:35 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
16.K.16
Packet Pg. 2634
[20-CA-3673/1647428/1]
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-3673
v. Parcel 1215FEE
CARL V. DOAN; HAI V. VU; ANN H. LANGSTON;
VICKY M. RODGERS; HELIAM ULISES LOPEZ-
MARTINEZ; LAWRENCE CARIGLIO; MIKELANN
CARIGLIO
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO PARCEL
1215FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent(s), HELIAM ULISES
LOPEZ-MARTINEZ, by and through undersigned counsel, hereby respectfully move this Court for the entry
of the foregoing Stipulated Final Judgment as to Parcel 1215FEE 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.16.a
Packet Pg. 2635 Attachment: EXECUTED 1215FEE SFJ; Lopez-Martinez (17427 : Stipulated Final Judgment for the taking of Parcel 1215FEE)
[20-CA-3673/1647428/1]
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.16.a
Packet Pg. 2636 Attachment: EXECUTED 1215FEE SFJ; Lopez-Martinez (17427 : Stipulated Final Judgment for the taking of Parcel 1215FEE)
[20-CA-3673/1647428/1]
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-3673
v. Parcel 1215FEE
CARL V. DOAN; HAI V. VU; ANN H. LANGSTON;
VICKY M. RODGERS; HELIAM ULISES LOPEZ-
MARTINEZ; LAWRENCE CARIGLIO; MIKELANN
CARIGLIO
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1215FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner, COLLIER
COUNTY, FLORIDA, and Respondent(s), HELIAM ULISES LOPEZ-MARTINEZ, by and through counsel,
for the entry of a Stipulated Final Judgment as to Parcel 1215FEE 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), HELIAM ULISES LOPEZ-MARTINEZ, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Sixty Thousand and No/100 Dollars ($60,000.00) for
Parcel 1215FEE, as full payment for the property interest taken, including damages and statutory interests, in
connection with said parcel.
2. Respondent(s), HELIAM ULISES LOPEZ-MARTINEZ, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Eight Thousand Two Hundred Fifty and No/100 Dollars
($8,250.00), for all attorney fees and costs associated with Parcel 1215FEE and no other attorney fees or costs
shall be paid in this matter.
3. Respondent(s), HELIAM ULISES LOPEZ-MARTINEZ, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Six Thousand Three Hundred Three Dollars and No/100
16.K.16.a
Packet Pg. 2637 Attachment: EXECUTED 1215FEE SFJ; Lopez-Martinez (17427 : Stipulated Final Judgment for the taking of Parcel 1215FEE)
[20-CA-3673/1647428/1]
Dollars ($6,303.00), for all expert fees and costs associated with Parcel 1215FEE 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-Six Thousand and No/100 Dollars ($46,000.00), as
payment for acquisition of Parcel 1215FEE, 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 issue a check made payable to the Law Offices of John M. LeRoux, P.A. Trust Account in
the total sum of Twenty-Eight Thousand Five Hundred Fifty-Three and No/100 Dollars ($28,553.00), as
payment for acquisition of Parcel 1215FEE, and deliver said check to the Law Offices of John M. LeRoux,
P.A., 3090 Charles Avenue, Suite 200, Clearwater, Florida 33761.
6. 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, 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.
7. This Order disposes of all claims arising out of the taking of Parcel 1215FEE that have or could
have been asserted in this cause.
8. A fee simple taking, being fully described in Exhibit “A” attached hereto and incorporated
herein, which vested in Petitioner pursuant to the Stipulated Order of Taking dated May 28, 2021, and the
deposit of money heretofore made, is approved, ratified, and confirmed.
9. 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
16.K.16.a
Packet Pg. 2638 Attachment: EXECUTED 1215FEE SFJ; Lopez-Martinez (17427 : Stipulated Final Judgment for the taking of Parcel 1215FEE)
[20-CA-3673/1647428/1]
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.
10. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book 5848, Page
430 of the Public Records of Collier County, Florida is hereby dismissed as to Parcel 1215FEE.
11. This Court reserves jurisdiction to enforce the terms of this Stipulated Final Judgment.
12. This Stipulated Final Judgment is to be recorded in the Official Records of Collier County,
Florida.
Exhibit “A”
16.K.16.a
Packet Pg. 2639 Attachment: EXECUTED 1215FEE SFJ; Lopez-Martinez (17427 : Stipulated Final Judgment for the taking of Parcel 1215FEE)
AERIAL – PARCEL 1215FEE
VANDERBILT BEACH RD EXT PROJECT 60168
/
PARCEL 1215FEE
16.K.16.b
Packet Pg. 2640 Attachment: Aerial - Parcel 1215FEE (17427 : Stipulated Final Judgment for the taking of Parcel 1215FEE)