Agenda 07/13/2021 Item #16K25 (Stipulated Final Judgement - Parcel 1119FEE)07/13/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $61,000, plus $14,496 in
statutory attorneys’ fees and costs and expert fees and costs, for the taking of Parcel 1119FEE,
required for the Vanderbilt Beach Road Extension Project, Project No., 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1119FEE 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 1119FEE 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 16,500 square feet (0.38 acres) in size. The parent tract is owned by Sunshine Way
Investments, LLC, 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 $77,300. The County’s appraiser estimated full
compensation at $47,400 including severance damages. This amount was adjusted to $50,300 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 Judgment reflects a negotiated compensation amount of $61,000, plus
$8,580 in statutory attorneys’ fees and costs and $5,916 in expert fees and costs, for a total of $75,496.
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 $47,400 based on its deposit of the good faith
estimate of value. Funds for the balance of $28,266, 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. P1119FEE Stip Final Judgment (PDF)
2. 1119FEE Aerial (PDF)
16.K.25
Packet Pg. 2703
07/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.25
Doc ID: 17439
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$61,000, plus $14,496 in statutory attorneys’ fees and costs and expert fees and costs, for the taking of
Parcel 1119FEE, 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: Rosa Villarreal
07/02/2021 9:44 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
07/02/2021 9:44 AM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 07/02/2021 10:03 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 07/02/2021 10:40 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 07/02/2021 3:31 PM
Growth Management Department Trinity Scott Additional Reviewer Completed 07/02/2021 3:52 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 07/02/2021 4:01 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/02/2021 4:08 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 07/02/2021 4:37 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/06/2021 8:20 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/06/2021 8:57 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
16.K.25
Packet Pg. 2704
[20-CA-3699/1647493/1]
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-3699
v. Parcel: 1119FEE
EDDA SCHNEIDER ALLEN; GLADYS Y SUTIL;
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC., LUCIENNE CYRIL; SUNSHINE WAY
INVESTMENTS, LLC; ENRIQUE O. MIRANDA
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO PARCEL
1119FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent(s), SUNSHINE WAY
INVESTMENTS, LLC, by and through undersigned counsel, hereby respectfully move this Court for the entry
of the foregoing Stipulated Final Judgment as to Parcel 1119FEE 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.25.a
Packet Pg. 2705 Attachment: P1119FEE Stip Final Judgment (17439 : Approval of Stipulated Final Judgment for Parcel 1119FEE in the Vanderbilt Beach Road
[20-CA-3699/1647493/1]
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.25.a
Packet Pg. 2706 Attachment: P1119FEE Stip Final Judgment (17439 : Approval of Stipulated Final Judgment for Parcel 1119FEE in the Vanderbilt Beach Road
[20-CA-3699/1647493/1]
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-3699
v. Parcel: 1119FEE.
EDDA SCHNEIDER ALLEN; GLADYS Y SUTIL;
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC., LUCIENNE CYRIL; SUNSHINE WAY
INVESTMENTS, LLC; ENRIQUE O. MIRANDA
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1119FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner, COLLIER
COUNTY, FLORIDA, and Respondent(s), SUNSHINE WAY INVESTMENTS, LLC, by and through
counsel, for the entry of a Stipulated Final Judgment as to Parcel 1119FEE 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), SUNSHINE WAY INVESTMENTS, LLC, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Sixty-One Thousand and No/100 Dollars ($61,000.00)
for Parcel 1119FEE, as full payment for the property interest taken, including damages and statutory interests,
in connection with said parcel.
2. Respondent(s), SUNSHINE WAY INVESTMENTS, LLC, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Eight Thousand Five Hundred Eighty and No/100
Dollars ($8,580.00), for all attorney fees and costs associated with Parcel 1119FEE and no other attorney fees
or costs shall be paid in this matter.
3. Respondent(s), SUNSHINE WAY INVESTMENTS, LLC, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Five Thousand Nine Hundred Sixteen Dollars and
16.K.25.a
Packet Pg. 2707 Attachment: P1119FEE Stip Final Judgment (17439 : Approval of Stipulated Final Judgment for Parcel 1119FEE in the Vanderbilt Beach Road
[20-CA-3699/1647493/1]
No/100 Dollars ($5,916.00), for all expert fees and costs associated with Parcel 1119FEE 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-Seven Thousand Four Hundred and No/100 Dollars
($47,400.00), as payment for acquisition of Parcel 1119FEE, 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 pay the total sum of Twenty-Eight Thousand Ninety-Six and No/100 Dollars ($28,096.00),
by mailing a check to John M. LeRoux Trust Account, Law Offices of John M. LeRoux, P.A., 3090 Charles
Ave #200, Clearwater, FL 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 1119FEE 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 25, 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.
16.K.25.a
Packet Pg. 2708 Attachment: P1119FEE Stip Final Judgment (17439 : Approval of Stipulated Final Judgment for Parcel 1119FEE in the Vanderbilt Beach Road
[20-CA-3699/1647493/1]
10. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book 5849, Page
2427 of the Public Records of Collier County, Florida is hereby dismissed as to Parcel 1119FEE.
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.25.a
Packet Pg. 2709 Attachment: P1119FEE Stip Final Judgment (17439 : Approval of Stipulated Final Judgment for Parcel 1119FEE in the Vanderbilt Beach Road
VANDERBILT BEACH ROAD EXTENSION
PROJECT 60168 – PARCEL 1119FEE
/
PARCEL 119FEE
16.K.25.b
Packet Pg. 2710 Attachment: 1119FEE Aerial (17439 : Approval of Stipulated Final Judgment for Parcel 1119FEE in the Vanderbilt Beach Road Extension)