Agenda 07/13/2021 Item #16K29 (Stipulated Final Judgement - Parcel 1243FEE)07/13/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $67,000, plus $14,517 in
statutory attorneys’ fees and costs and expert fees and costs, for the taking of Parcel 1243FEE,
required for the Vanderbilt Beach Road Extension Project, Project No., 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1243FEE 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 1243FEE 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 18,000 square feet (0.41 acres) in size. The parent tract is owned by Jose Luis Trejo, as
Trustee of the Jose Luis Trejo Family Revocable Trust Dated September 23, 2011 and contains 2.73 acres
of gross land area, which will be reduced to 2.32 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
$88,400. The County’s appraiser estimated full compensation at $48,600 including severance damages.
This amount was adjusted to $51,000 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
informal negotiations and reached an agreement. The attached Stipulated Final Judgment reflects a
negotiated compensation amount of $67,000, plus $8,250 in statutory attorneys’ fees and costs and $6,267
in expert fees and costs, for a total of $81,517.
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 $48,600 based on its deposit of the good faith
estimate of value. Funds for the balance of $33,087, 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. 1243FEE SFJ; Trejo (PDF)
2. AERIAL 1243FEE (PDF)
16.K.29
Packet Pg. 2741
07/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.29
Doc ID: 17443
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$67,000, plus $14,517 in statutory attorneys’ fees and costs and expert fees and costs, for the taking of
Parcel 1243FEE, 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 1:40 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
07/02/2021 1:40 PM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 07/02/2021 1:42 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 07/02/2021 2:10 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 07/02/2021 3:29 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 4:03 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/02/2021 4:13 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 8:19 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/06/2021 10:23 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
16.K.29
Packet Pg. 2742
[20-CA-3740/1647649/1]
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-3740
v. Parcel 1243FEE
GAMAL A. REYES; MIGDALIA E. REYES; CATHERINE
JONES; HENRY LOWER; MARIE LOWER; FRANK HAWKS;
RUTH HAWKS; JOSE LUIS TREJO, AS TRUSTEE OF THE
JOSE LUIS TREJO FAMILY REVOCABLE TRUST DATED
SEPTEMBER 23, 2011; STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION; PENTAGON
FEDERAL C.U.; GEORGE D. MARTIN; DEBRA E. MARTIN;
BANK OF AMERICA, N.A.
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1243FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, JOSE LUIS
TREJO, AS TRUSTEE OF THE JOSE LUIS TREJO FAMILY REVOCABLE TRUST DATED
SEPTEMBER 23, 2011, by and through undersigned counsel, hereby respectfully move this Court
for the entry of the foregoing Stipulated Final Judgment as to Parcel 1243FEE 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.29.a
Packet Pg. 2743 Attachment: 1243FEE SFJ; Trejo (17443 : Approval of a Stipulated Final Judgment for Parcel 1243FEE)
[20-CA-3740/1647649/1]
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.29.a
Packet Pg. 2744 Attachment: 1243FEE SFJ; Trejo (17443 : Approval of a Stipulated Final Judgment for Parcel 1243FEE)
[20-CA-3740/1647649/1]
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-3740
v. Parcel 1243FEE
GAMAL A. REYES; MIGDALIA E. REYES; CATHERINE
JONES; HENRY LOWER; MARIE LOWER; FRANK HAWKS;
RUTH HAWKS; JOSE LUIS TREJO, AS TRUSTEE OF THE
JOSE LUIS TREJO FAMILY REVOCABLE TRUST DATED
SEPTEMBER 23, 2011; STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION; PENTAGON
FEDERAL C.U.; GEORGE D. MARTIN; DEBRA E. MARTIN;
BANK OF AMERICA, N.A.
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1243FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, JOSE LUIS TREJO, AS TRUSTEE OF THE
JOSE LUIS TREJO FAMILY REVOCABLE TRUST DATED SEPTEMBER 23, 2011, by and
through counsel, for the entry of a Stipulated Final Judgment as to Parcel 1243FEE 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, JOSE LUIS TREJO, AS TRUSTEE OF THE JOSE LUIS TREJO
FAMILY REVOCABLE TRUST DATED SEPTEMBER 23, 2011, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Sixty-Seven Thousand and No/100 Dollars
($67,000.00) for Parcel 1243FEE, as full payment for the property interest taken, in connection
with said parcel.
16.K.29.a
Packet Pg. 2745 Attachment: 1243FEE SFJ; Trejo (17443 : Approval of a Stipulated Final Judgment for Parcel 1243FEE)
[20-CA-3740/1647649/1]
2. Respondent, JOSE LUIS TREJO, AS TRUSTEE OF THE JOSE LUIS TREJO
FAMILY REVOCABLE TRUST DATED SEPTEMBER 23, 2011, 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
1243FEE.
3. Respondent, JOSE LUIS TREJO, AS TRUSTEE OF THE JOSE LUIS TREJO
FAMILY REVOCABLE TRUST DATED SEPTEMBER 23, 2011, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Six Thousand Two Hundred Sixty-Seven
and No/100 Dollars ($6,267.00), for all expert fees and costs associated with the acquisition of
Parcel 1243FEE, 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-Eight Thousand Six
Hundred and No/100 Dollars ($48,600.00), as payment for the acquisition of Parcel 1243FEE,
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-Two Thousand Nine Hundred Seventeen and
No/100 Dollars ($32,917.00), as outlined above, as payment for acquisition of Parcel 1243FEE,
and deliver said check to the Law Offices of John M. LeRoux, P.A., 3090 Charles Avenue, Suite
200, Clearwater, Florida 33761.
16.K.29.a
Packet Pg. 2746 Attachment: 1243FEE SFJ; Trejo (17443 : Approval of a Stipulated Final Judgment for Parcel 1243FEE)
[20-CA-3740/1647649/1]
6. This Order disposes of all claims arising out of the taking of Parcel 1243FEE that
have or could have been asserted in this cause by Respondent, and its successors in interest and/or
assigns.
7. 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
March 24, 2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
8. 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.
9. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5850, Page 1743 of the Public Records of Collier County, Florida is hereby dismissed as to Parcel
1243FEE.
10. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
16.K.29.a
Packet Pg. 2747 Attachment: 1243FEE SFJ; Trejo (17443 : Approval of a Stipulated Final Judgment for Parcel 1243FEE)
[20-CA-3740/1647649/1]
11. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Exhibit “A”
16.K.29.a
Packet Pg. 2748 Attachment: 1243FEE SFJ; Trejo (17443 : Approval of a Stipulated Final Judgment for Parcel 1243FEE)
AERIAL – PARCEL 1243FEE
(Vanderbilt Beach Rd. Ext. Project No. 60168)
/
PARCEL 1243FEE
16.K.29.b
Packet Pg. 2749 Attachment: AERIAL 1243FEE (17443 : Approval of a Stipulated Final Judgment for Parcel 1243FEE)