Agenda 07/13/2021 Item #16K27 (Stipulated Final Judgement - Parcel 222FEE)07/13/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $137,000 plus $32,044
in statutory attorneys’ fees and costs and expert fees and costs, for the taking of Parcels 222FEE
and 224FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcels 222FEE and 224FEE 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 Parcels 222FEE and 224FEE 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.
Parcel 222FEE is a fee simple acquisition area consisting of a strip taking along the rea r, northerly
boundary of the property and is approximately 0.36 acres (15,674 square feet) in size. The parent tract
includes unimproved vacant land and contains 2.27 acres of gross land area, which will be reduced to 1.91
acres after the acquisition. Parcel 224FEE is a fee simple acquisition area consisting of a strip taking
along the rear, northerly boundary of the property and is approximately 0.43 acres (18,805 square feet) in
size. The parent tract includes a single-family home and contains 2.73 acres of gross land area, which
will be reduced to 2.30 acres after the acquisition. Both parcels are owned by Curtis John McConnell.
An aerial photograph of the two properties is attached to this item for reference.
The property owner’s initial demand was $192,500.00 ($74,400 for Parcel 222FEE and $118,100 for
Parcel 224FEE) plus attorney’s fees and expert costs. The County’s appraiser estimated full
compensation for Parcel 222FEE to be $46,700 including severance damages, and $49,400 for Parcel
224FEE, which was adjusted by the County’s Staff Appraiser based on market conditions to $50,000 and
$54,400, respectively. The parties participated in mediation on June 15, 2021 and agreed to a total
compensation amount of $137,000 ($60,500 for Parcel 222FEE and $76,500 for Parcel 224FEE) plus
$19,701 in statutory attorneys’ fees and costs and $12,343 in expert fees and costs, for a total of $169,044
for the two parcels.
The Transportation Engineering Division recommends approval of this Stipulated Final Judgme nt 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 $96,100 ($46,700 for Parcel 222FEE and
$49,400 for Parcel 224FEE) based on its deposit of the good faith estimate of value. Funds for the
balance of $73,114, 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.
16.K.27
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07/13/2021
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering
Division, Growth Management Department
ATTACHMENT(S)
1. 222FEE and 224FEE SFJ; Mcconnell (PDF)
2. Aerial - 222FEE & 224FEE (PDF)
16.K.27
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07/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.27
Doc ID: 17441
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$137,000 plus $32,044 in statutory attorneys’ fees and costs and expert fees and costs, for the taking of
Parcels 222FEE and 224FEE, 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 11:46 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
07/02/2021 11:46 AM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 07/02/2021 12:54 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 07/02/2021 1:22 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 07/02/2021 3:40 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 3:59 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/02/2021 4:06 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 07/02/2021 4:38 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/06/2021 8:21 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/06/2021 10:29 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
16.K.27
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[20-CA-3613/1646738/1]
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. Parcels: 222FEE; 224FEE
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
PARCELS 222FEE AND 224FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, CURTIS JOHN
MCCONNELL, by and through undersigned counsel, hereby respectfully move this Court for the
entry of the foregoing Stipulated Final Judgment as to Parcels 222FEE and 224FEE 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.27.a
Packet Pg. 2725 Attachment: 222FEE and 224FEE SFJ; Mcconnell (17441 : Approval of Stipulated Final Judgment for Parcel 222FEE and 224FEE)
[20-CA-3613/1646738/1]
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.27.a
Packet Pg. 2726 Attachment: 222FEE and 224FEE SFJ; Mcconnell (17441 : Approval of Stipulated Final Judgment for Parcel 222FEE and 224FEE)
[20-CA-3613/1646738/1]
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. Parcels: 222FEE; 224FEE
CRAFT PROPERTY, LLC; CURTIS JOHN MCCONNELL;
FERNANDO CHAVEZ MENDEZ; JOSE L. LUVIANO;
EMMA LUVIANO; WELLS FARGO BANK, NA
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCELS 222FEE AND 224FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, CURTIS JOHN MCCONNELL, by and
through counsel, for the entry of a Stipulated Final Judgment as to Parcels 222FEE and 224FEE
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, CURTIS JOHN MCCONNELL, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Sixty Thousand Five Hundred and No/100
Dollars ($60,500.00) for Parcel 222FEE, as full payment for the property interest taken, in
connection with said parcel.
2. Respondent, CURTIS JOHN MCCONNELL, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Eight Thousand Two Hundred Fifty and
No/100 Dollars ($8,250.00), for all attorney fees and costs associated with the acquisition of Parcel
222FEE.
3. Respondent, CURTIS JOHN MCCONNELL, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Five Thousand Three Hundred Fifty-Nine
16.K.27.a
Packet Pg. 2727 Attachment: 222FEE and 224FEE SFJ; Mcconnell (17441 : Approval of Stipulated Final Judgment for Parcel 222FEE and 224FEE)
[20-CA-3613/1646738/1]
Dollars and No/100 Dollars ($5,359.00), for all expert fees and costs associated with the
acquisition of Parcel 222FEE, and no other expert fees or costs shall be paid in this matter.
4. Respondent, CURTIS JOHN MCCONNELL, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Seventy-Six Thousand Five Hundred and No/100
Dollars ($76,500.00) for Parcel 224FEE, as full payment for the property interest taken, in
connection with said parcel.
5. Respondent, CURTIS JOHN MCCONNELL, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Eleven Thousand Four Hundred Fifty-One
and No/100 Dollars ($11,451.00), for all attorney fees and costs associated with the acquisition
of Parcel 224FEE.
6. Respondent, CURTIS JOHN MCCONNELL, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Six Thousand Nine Hundred Eighty-Four
Dollars and No/100 Dollars ($6,984.00), for all expert fees and costs associated with the
acquisition of Parcel 224FEE, and no other expert fees or costs shall be paid in this matter.
7. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good
faith estimate of value previously deposited in the amount of Ninety-Six Thousand One Hundred
and No/100 Dollars ($96,100.00), as payment for the acquisition of Parcels 222FEE and 224FEE,
at which time title to said parcels as described in Exhibit “A” vested in the name of Petitioner
COLLIER COUNTY, FLORIDA.
8. 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 Seventy-Two Thousand Nine Hundred Forty-Four and
No/100 Dollars ($72,944.00), as payment for acquisition of Parcels 222FEE and 224FEE, and
deliver said check to the Law Offices of John M. LeRoux, P.A., 3090 Charles Avenue, Suite 200,
Clearwater, Florida 33761.
16.K.27.a
Packet Pg. 2728 Attachment: 222FEE and 224FEE SFJ; Mcconnell (17441 : Approval of Stipulated Final Judgment for Parcel 222FEE and 224FEE)
[20-CA-3613/1646738/1]
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. This Order disposes of all claims arising out of the taking of Parcels 222FEE and
224FEE that have or could have been asserted in this cause.
11. A fee simple taking, being fully described in Composite Exhibit “A” attached
hereto and incorporated herein, which vested in Petitioner pursuant to the Stipulated Order of
Taking dated May 24, 2021, and the deposit of money heretofore made, is approved, ratified, and
confirmed.
12. 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 Parcels
222FEE and 224FEE.
13. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
14. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Composite Exhibit “A”
16.K.27.a
Packet Pg. 2729 Attachment: 222FEE and 224FEE SFJ; Mcconnell (17441 : Approval of Stipulated Final Judgment for Parcel 222FEE and 224FEE)
[20-CA-3613/1646738/1]
16.K.27.a
Packet Pg. 2730 Attachment: 222FEE and 224FEE SFJ; Mcconnell (17441 : Approval of Stipulated Final Judgment for Parcel 222FEE and 224FEE)
AERIAL – PARCELS 224FEE
(Vanderbilt Beach Rd Ext. Project No. 60168)
/
PARCEL 224FEE
PARCEL 222FEE
16.K.27.b
Packet Pg. 2731 Attachment: Aerial - 222FEE & 224FEE (17441 : Approval of Stipulated Final Judgment for Parcel 222FEE and 224FEE)