Agenda 07/13/2021 Item #16K22 (Stipulated Final Judgement - Parcel 185FEE)07/13/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $56,500, plus $15,725 in
statutory attorneys’ fees and costs and expert fees and costs, for the taking of Parcel 185FEE,
required for the Vanderbilt Beach Road Extension Project, Project No., 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 185FEE 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 185FEE 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 8,632 square feet (0.2 acres) in size. The parent tract is owned by Craft Property, LLC,
and contains 1.14 acres of gross land area, which will be reduced to 0.94 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 $96,100. The County’s appraiser estimated full compensation at $33,500
including severance damages. This amount was adjusted to $35,000 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 28, 2021. The attached Stipulated Final
Judgment reflects a negotiated compensation amount of $56,500, plus $9,636 in statutory attorneys’ fees
and costs and $6,089 in expert fees and costs, for a total of $72,225.
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 $33,500 based on its deposit of the good faith
estimate of value. Funds for the balance of $38,895, 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. 185FEE SFJ; Craft (DOCX)
2. 185FEE AERIAL (PDF)
16.K.22
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07/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.22
Doc ID: 17436
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$56,500, plus $15,725 in statutory attorneys’ fees and costs and expert fees and costs, for the taking of
Parcel 185FEE, 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 4:19 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
07/01/2021 4:19 PM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 07/01/2021 4:54 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 07/02/2021 7:44 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 07/02/2021 8:23 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 9:45 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 2:30 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 07/02/2021 3:15 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.22
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[20-CA-3613/1647194/1]
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-3613
v. Parcel 185FEE
CRAFT PROPERTY, LLC; CURTIS JOHN MCCONNELL;
FERNANDO CHAVEZ MENDEZ; JOSE L. LUVIANO;
EMMA LUVIANO; WELLS FARGO BANK, NA
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 185FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, CRAFT
PROPERTY, LLC, by and through undersigned counsel, hereby respectfully move this Court for
the entry of the foregoing Stipulated Final Judgment as to Parcel 185FEE 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
john@jmleroux.com
pleadings@jmleroux.com
16.K.22.a
Packet Pg. 2682 Attachment: 185FEE SFJ; Craft (17436 : Stipulated Final Judgment for the taking of Parcel 185FEE)
[20-CA-3613/1647194/1]
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.22.a
Packet Pg. 2683 Attachment: 185FEE SFJ; Craft (17436 : Stipulated Final Judgment for the taking of Parcel 185FEE)
[20-CA-3613/1647194/1]
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-3613
v. Parcel 185FEE
CRAFT PROPERTY, LLC; CURTIS JOHN MCCONNELL;
FERNANDO CHAVEZ MENDEZ; JOSE L. LUVIANO;
EMMA LUVIANO; WELLS FARGO BANK, NA
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 185FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, CRAFT PROPERTY, LLC, by and through
counsel, for the entry of a Stipulated Final Judgment as to Parcel 185FEE 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, CRAFT PROPERTY, LLC, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Fifty-Six Thousand Five Hundred and No/100 Dollars
($56,500.00) for Parcel 185FEE, as full payment for the property interest taken, in connection
with said parcel.
2. Respondent, CRAFT PROPERTY, LLC, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Nine Thousand Six Hundred Thirty-Six and No/100
Dollars ($9,636.00), for all attorney fees and costs associated with the acquisition of Parcel
185FEE.
3. Respondent, CRAFT PROPERTY, LLC, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Six Thousand Eighty-Nine and No/100 Dollars
16.K.22.a
Packet Pg. 2684 Attachment: 185FEE SFJ; Craft (17436 : Stipulated Final Judgment for the taking of Parcel 185FEE)
[20-CA-3613/1647194/1]
($6,089.00), for all expert fees and costs associated with the acquisition of Parcel 185FEE, 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 Thirty-Three Thousand Five
Hundred and No/100 Dollars ($33,500.00), as payment for the acquisition of Parcel 185FEE, 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 Thirty-Eight Thousand Seven Hundred Twenty-Five
and No/100 Dollars ($38,725.00), as outlined above, as payment for acquisition of Parcel
185FEE, and deliver said check to the Law Offices of John M. LeRoux, P.A., 3090 Charles
Avenue, Suite 200, Clearwater, Florida 33761.
6. 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 renders the lot nonconforming or more legally nonconforming as a result of a portion
being acquired for public use, the required minimum yard, lot coverage or lot dimensions may
have reduced dimensions equal to that of the acquisition area.
7. This Order disposes of all claims arising out of the taking of Parcel 185FEE that
have or could have been asserted in this cause by Respondent, and its successors in interest and/or
assigns, including, but not limited, to Lil’ Rock, Inc.
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 25, 2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
16.K.22.a
Packet Pg. 2685 Attachment: 185FEE SFJ; Craft (17436 : Stipulated Final Judgment for the taking of Parcel 185FEE)
[20-CA-3613/1647194/1]
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
5847, Page 3517 of the Public Records of Collier County, Florida is hereby dismissed as to Parcel
185FEE.
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 Offici al Records of Collier
County, Florida.
Exhibit “A”
16.K.22.a
Packet Pg. 2686 Attachment: 185FEE SFJ; Craft (17436 : Stipulated Final Judgment for the taking of Parcel 185FEE)
AERIAL – PARCEL 185FEE
VANDERBILT BEACH RD EXT PROJECT 60168
/
PARCEL 185FEE
16.K.22.b
Packet Pg. 2687 Attachment: 185FEE AERIAL (17436 : Stipulated Final Judgment for the taking of Parcel 185FEE)