Agenda 07/13/2021 Item #16K20 (Stipulated Final Judgement - Parcel 1253RDUE)07/13/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $39,000, plus
$15,589 in statutory attorneys’ fees and costs and expert fees and costs, for the taking of Parcel
1253RDUE, 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 1253RDUE 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 1253RDUE 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 easement
acquisition area consists of a strip taking along the front, westerly boundary of the property and is
approximately 2,250 square feet (0.052 acres) in size. The parent tract is owned by John T. Scholtz, Jr.
and Mary Scholtz and contains 2.81 acres of gross land area, which will be reduced to 2.758 acres of
useable area 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 $84,500. The County’s appraiser
estimated full compensation at $12,200 including severance damages. This amount was adjusted to
$13,500 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 21, 2021.
The attached Stipulated Final Judgement reflects a negotiated compensation amount of $39,000, plus
$9,042 in statutory attorneys’ fees and costs and $6,547 in expert fees and costs, for a total of $54,589.
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
$3,000.
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 $12,200 based on its deposit of the good faith
estimate of value. Funds for the balance of $42,559, 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 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
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07/13/2021
attorney’s fees for supplemental proceedings, if any, as authorized by Ch. 73, Fla. Stat., but not to exceed
$3,000.
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering
Division, Growth Management Department
ATTACHMENT(S)
1. 1253RDUE SFJ; Scholtz (DOCX)
2. Aerial - 1253RDUE (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.20
Doc ID: 17434
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of
$39,000, plus $15,589 in statutory attorneys’ fees and costs and expert fees and costs, for the taking of
Parcel 1253RDUE, 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
07/01/2021 3:31 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
07/01/2021 3:31 PM
Approved By:
Review:
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 07/01/2021 3:41 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 07/01/2021 3:43 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 07/02/2021 7:42 AM
Growth Management Department Trinity Scott Additional Reviewer Completed 07/02/2021 9:27 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/02/2021 9:46 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/02/2021 11:21 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 07/02/2021 2:19 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 07/02/2021 2:53 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/04/2021 4:33 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
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[20-CA-3667/1647087/1]
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-3667
v. Parcel 1253RDUE
YNOZAIR GEORGES; BENCY GEORGES; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC; GARY
H. BRINEN; KIM L. BRINEN; CAMPUS USA CREDIT
UNION; JULIEN MARCELIN; JACQUELINE MARCELIN;
WALTER A. ALARCON; LOLI M. ALARCON; JOHN T.
SCHOLTZ, JR; MARY SCHOLTZ; JPMORGAN CHASE
BANK, N.A; U.S. SMALL BUSINESS ADMINISTRATION
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1253RDUE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, JOHN T.
SCHOLTZ, JR., AND MARY SCHOLTZ, by and through undersigned counsel, hereby
respectfully move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel
1253RDUE 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. 2666 Attachment: 1253RDUE SFJ; Scholtz (17434 : Stipulated Final Judgment for taking of Parcel 1253RDUE)
[20-CA-3667/1647087/1]
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. 2667 Attachment: 1253RDUE SFJ; Scholtz (17434 : Stipulated Final Judgment for taking of Parcel 1253RDUE)
[20-CA-3667/1647087/1]
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-3667
v. Parcel 1253RDUE
YNOZAIR GEORGES; BENCY GEORGES; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC; GARY
H. BRINEN; KIM L. BRINEN; CAMPUS USA CREDIT
UNION; JULIEN MARCELIN; JACQUELINE MARCELIN;
WALTER A. ALARCON; LOLI M. ALARCON; JOHN T.
SCHOLTZ, JR; MARY SCHOLTZ; JPMORGAN CHASE
BANK, N.A; U.S. SMALL BUSINESS ADMINISTRATION
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1253RDUE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, JOHN T. SCHOLTZ, JR., AND MARY
SCHOLTZ, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel
1253RDUE 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, JOHN T. SCHOLTZ, JR., AND MARY SCHOLTZ, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Thirty-Nine Thousand and
No/100 Dollars ($39,000.00) for Parcel 1253RDUE, as full payment for the property interest
taken, in connection with said parcel.
2. Respondents, JOHN T. SCHOLTZ, JR., AND MARY SCHOLTZ, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Nine Thousand Forty-Two
and No/100 Dollars ($9,042.00), for all attorney fees and costs associated with the acquisition of
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[20-CA-3667/1647087/1]
Parcel 1253RDUE. Supplemental attorney’s fees in an amount not to exceed $3,000 may be
awarded, in compliance with Fla. Stat.73.092.
3. Respondents, JOHN T. SCHOLTZ, JR., AND MARY SCHOLTZ, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Six Thousand Five Hundred
Forty-Seven and No/100 Dollars ($6,547.00), for all expert fees and costs associated with the
acquisition of Parcel 1253RDUE, 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 Twelve Thousand Two Hundred
and No/100 Dollars ($12,200.00), as payment for the acquisition of Parcel 1253RDUE, 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-Six
Thousand Eight Hundred and No/100 Dollars ($26,800.00), as payment for acquisition of
Parcel 1253RDUE, 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 Fifteen Thousand Five Hundred
Eighty-Nine and No/100 Dollars ($15,589.00), 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.
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8. This Order disposes of all claims arising out of the taking of Parcel 1253RDUE 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 Stipulated Order of Taking dated
April 14, 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
5848, Page 1033 of the Public Records of Collier County, Florida is hereby dismissed as to Parcel
1253RDUE.
11. 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) in accordance with the terms of this judgment, and enter any further orders deemed proper.
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”
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Packet Pg. 2670 Attachment: 1253RDUE SFJ; Scholtz (17434 : Stipulated Final Judgment for taking of Parcel 1253RDUE)
AERIAL – PARCEL 1253RDUE
VANDERBILT BEACH RD EXT PROJECT 60168
/
PARCEL 1253RDUE EXISTING RIGHT-OF-WAY PER PLAT EXISTING RIGHT-OF-WAY PER PLAT
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Packet Pg. 2671 Attachment: Aerial - 1253RDUE (17434 : Stipulated Final Judgment for taking of Parcel 1253RDUE)