Agenda 07/13/2021 Item #16K18 (Stipulated Final Judgement - Parcel 180FEE)07/13/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $204,000, plus $32,839
in statutory attorneys’ fees and costs and expert fees and costs, for the taking of Parcel 180FEE,
required for the Vanderbilt Beach Road Extension Project, Project No., 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 180FEE 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 180FEE 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 an L-shaped taking along the northerly (rear) and westerly boundaries of the
property and is approximately 52,289 square feet (1.2 acres) in size. The parent tract is owned Daniel E.
Fix and Holly C. Fix, and contains 6.34 acres of gross land area, which will be reduced to 5.14 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 $340,600. The County’s appraiser estimated full
compensation at $141,800 including severance damages. This amount was adjusted to $152,000 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 15, 2021. The attached
Stipulated Final Judgment reflects a negotiated compensation amount of $204,000, plus $25,641 in
statutory attorneys’ fees and costs and $7,198 in expert fees and costs, for a total of $236,839.
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 $141,800 based on its deposit of the good faith
estimate of value. Funds for the balance of $95,209, which includes the Clerk’s $170.00 deposit fee, are
available in the Vanderbilt Beach Road Extension 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. [Linked] Aerial Exhibit (PDF)
2. 180FEE SFJ; Fix (PDF)
16.K.18
Packet Pg. 2649
07/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.18
Doc ID: 17432
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$204,000, plus $32,839 in statutory attorneys’ fees and costs and expert fees and costs, for the taking of
Parcel 180FEE, 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 1:45 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
07/01/2021 1:45 PM
Approved By:
Review:
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 07/01/2021 2:08 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 07/01/2021 2:32 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 07/01/2021 2:34 PM
Growth Management Department Trinity Scott Additional Reviewer Completed 07/01/2021 4:52 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/02/2021 8:36 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/02/2021 9:19 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 07/02/2021 3:10 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 07/02/2021 3:38 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/04/2021 4:34 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
16.K.18
Packet Pg. 2650
[20-CA-3585/1647443/1]
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 180FEE
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 180FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, DANIEL E. FIX
AND HOLLY C. FIX, by and through undersigned counsel, hereby respectfully move this Court
for the entry of the foregoing Stipulated Final Judgment as to Parcel 180FEE 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.18.b
Packet Pg. 2651 Attachment: 180FEE SFJ; Fix (17432 : Stipulated Final Judgment for the taking of Parcel 180FEE)
[20-CA-3585/1647443/1]
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.
16.K.18.b
Packet Pg. 2652 Attachment: 180FEE SFJ; Fix (17432 : Stipulated Final Judgment for the taking of Parcel 180FEE)
[20-CA-3585/1647443/1]
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 180FEE
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 180FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, DANIEL E. FIX AND HOLLY C. FIX, by
and through counsel, for the entry of a Stipulated Final Judgment as to Parcel 180FEE 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, DANIEL E. FIX AND HOLLY C. FIX, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Two Hundred Four Thousand and No/100
Dollars ($204,000.00) for Parcel 180FEE, as full payment for the property interest taken, in
connection with said parcel.
2. Respondents, DANIEL E. FIX AND HOLLY C. FIX, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Twenty-Five Thousand Six Hundred Forty-
One and No/100 Dollars ($25,641.00), for all attorney fees and costs associated with the
acquisition of Parcel 180FEE, and no other attorney’s fees or costs shall be paid in this matter.
16.K.18.b
Packet Pg. 2653 Attachment: 180FEE SFJ; Fix (17432 : Stipulated Final Judgment for the taking of Parcel 180FEE)
[20-CA-3585/1647443/1]
3. Respondent, DANIEL E. FIX AND HOLLY C. FIX, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Seven Thousand One Hundred Ninety-Eight
Dollars and No/100 Dollars ($7,198.00), for all expert fees and costs associated with the
acquisition of Parcel 180FEE, 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 One Hundred Forty-One Thousand
Eight Hundred and No/100 Dollars ($141,800.00), as payment for the acquisition of Parcel
180FEE, 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 Sixty-Two Thousand
Two Hundred and No/100 Dollars ($62,200.00), as payment for acquisition of Parcel 180FEE,
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 total sum of Thirty-Two Thousand Eight
Hundred Thirty-Nine and No/100 Dollars ($32,839.00), 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-
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 180FEE that
have or could have been asserted in this cause.
16.K.18.b
Packet Pg. 2654 Attachment: 180FEE SFJ; Fix (17432 : Stipulated Final Judgment for the taking of Parcel 180FEE)
[20-CA-3585/1647443/1]
9. 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
April 15, 2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
10. 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
180FEE.
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.
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.18.b
Packet Pg. 2655 Attachment: 180FEE SFJ; Fix (17432 : Stipulated Final Judgment for the taking of Parcel 180FEE)