Agenda 07/13/2021 Item #16K21 (Stipulated Final Judgement - Parcel 1116FEE)07/13/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $83,250, plus $18,682.50
in statutory attorneys’ fees and costs and expert fees and costs, for the taking of Parcel 1116FEE,
required for the Vanderbilt Beach Road Extension Project, Project No., 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1116FEE 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 1116FEE 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 16,500 square feet (0.38 acres) in size. The parent tract is owned by Julien Marcelin and
Jacqueline Marcelin, and contains 2.27 acres of gross land area, which will be reduced to 1.89 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 $147,100. The County’s appraiser estimated full
compensation at $52,000 including severance damages. This amount was adjusted to $58,000 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 21, 2021. The attached
Stipulated Final Judgment reflects a negotiated compensation amount of $83,250, plus $11,929.50 in
statutory attorneys’ fees and costs and $6,753 in expert fees and costs, for a total of $101,932.50.
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 $52,000 based on its deposit of the good faith
estimate of value. Funds for the balance of $50,102.50, 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. 1116FEE SFJ; Marcelin (DOCX)
2. Aerial - Parcel 1116FEE (PDF)
16.K.21
Packet Pg. 2672
07/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.21
Doc ID: 17435
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$83,250, plus $18,682.50 in statutory attorneys’ fees and costs and expert fees and costs, for the taking of
Parcel 1116FEE, 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 3:49 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
07/01/2021 3:49 PM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 07/01/2021 4:52 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 07/02/2021 7:43 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 07/02/2021 8:40 AM
Growth Management Department Trinity Scott Additional Reviewer Completed 07/02/2021 9:28 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/02/2021 9:39 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 3:07 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 07/02/2021 4:12 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/04/2021 4:32 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
16.K.21
Packet Pg. 2673
[20-CA-3667/1647149/1]
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 1116FEE
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 1116FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, JULIEN
MARCELIN AND JACQUELINE MARCELIN, by and through undersigned counsel, hereby
respectfully move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel
1116FEE 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.21.a
Packet Pg. 2674 Attachment: 1116FEE SFJ; Marcelin (17435 : Stipulated Final Judgmentfor the taking of Parcel 1116FEE)
[20-CA-3667/1647149/1]
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.21.a
Packet Pg. 2675 Attachment: 1116FEE SFJ; Marcelin (17435 : Stipulated Final Judgmentfor the taking of Parcel 1116FEE)
[20-CA-3667/1647149/1]
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 1116FEE
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 1116FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, JULIEN MARCELIN AND JACQUELINE
MARCELIN, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel
1116FEE 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, JULIEN MARCELIN AND JACQUELINE MARCELIN, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Eighty-Three
Thousand Two Hundred Fifty and No/100 Dollars ($83,250.00) for Parcel 1116FEE, as full
payment for the property interest taken, in connection with said parcel.
2. Respondents, JULIEN MARCELIN AND JACQUELINE MARCELIN, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Eleven Thousand
Nine Hundred Twenty-Nine and 50/100 Dollars ($11,929.50), for all attorney fees and costs
16.K.21.a
Packet Pg. 2676 Attachment: 1116FEE SFJ; Marcelin (17435 : Stipulated Final Judgmentfor the taking of Parcel 1116FEE)
[20-CA-3667/1647149/1]
associated with the acquisition of Parcel 1116FEE, and no other attorney fees or costs shall be paid
in this matter.
3. Respondents, JULIEN MARCELIN AND JACQUELINE MARCELIN, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Six Thousand Seven
Hundred Fifty-Three and No/100 Dollars ($6,753.00), for all expert fees and costs associated
with the acquisition of Parcel 1116FEE, 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 Fifty-Two Thousand and No/100
Dollars ($52,000.00), as payment for the acquisition of Parcel 1116FEE, 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 Forty-Nine Thousand Nine Hundred Thirty-Two and
50/100 Dollars ($49,932.50), as payment for acquisition of Parcel 1116FEE, 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.
16.K.21.a
Packet Pg. 2677 Attachment: 1116FEE SFJ; Marcelin (17435 : Stipulated Final Judgmentfor the taking of Parcel 1116FEE)
[20-CA-3667/1647149/1]
7. This Order disposes of all claims arising out of the taking of Parcel 1116FEE 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
April 12, 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 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 1033 of the Public Records of Collier County, Florida is hereby dismissed as to Parcel
1116FEE.
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.21.a
Packet Pg. 2678 Attachment: 1116FEE SFJ; Marcelin (17435 : Stipulated Final Judgmentfor the taking of Parcel 1116FEE)
AERIAL – PARCEL 1116FEE
VANDERBILT BEACH RD EXT PROJECT 60168
PARCEL 1116FEE
/
16.K.21.b
Packet Pg. 2679 Attachment: Aerial - Parcel 1116FEE (17435 : Stipulated Final Judgmentfor the taking of Parcel 1116FEE)