Agenda 07/13/2021 Item #16K30 (Stipulated Final Judgement - Parcel 1168FEE & 1170FEE)07/13/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $125,000 plus $22,920
in statutory attorneys’ fees and costs and expert fees and costs, for the taking of Parcels 1168FEE
and 1170FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168, and
delegate authority to the County Manager or his designee to process payment of additional
statutory attorney’s fees for supplemental proceedings, if any, as authorized by Ch. 73, Fla. Stat.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcels 1168FEE and 1170FEE 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 1168FEE and 1170FEE for the construction of roadway, drainage and utility
improvements required for the expansion and extension of Vanderbilt Beach Road from Collie r Blvd. to
east of 16th Street NE, and Massey Street from Vanderbilt Beach Road to south of Mockingbird Dr.
Parcel 1168FEE is a fee simple acquisition area consisting of a strip taking along the rear, northerly
boundary of the property and is approximately 0.34 acres (15,000 square feet) in size. The parent tract is
improved with a single-family home and contains 2.27 acres of gross land area, which will be reduced to
1.93 acres after the acquisition. Parcel 1170FEE is a fee simple acquisition area con sisting of a strip
taking along the rear, northerly boundary of the property and is approximately 0.41 acres (18,000 square
feet) in size. The parent tract is improved with a single-family home and contains 2.73 acres of gross land
area, which will be reduced to 2.32 acres after the acquisition. Both parcels are owned by Virginia &
James Packman. An aerial photograph of the two properties is attached to this item for reference.
The County’s appraiser estimated full compensation including severance damages to be $45,300 for
Parcel 1168FEE, and $59,500 for Parcel 1170FEE. These amounts were adjusted by the County’s Staff
Appraiser based on market conditions to $47,100 and $62,000, respectively. The property owners did not
furnish an appraisal for either parcel but proposed a settlement of $55,000 for Parcel 1168FEE and
$70,000 for Parcel 1170FEE, which was considered to be reasonable. The parties agreed to a total
compensation amount of $125,000 ($55,000 for Parcel 1168FEE and $70,000 for Parcel 1170FEE) plus
$13,893 in statutory attorneys’ fees and costs and $9,027 in expert fees and costs, for a total of $147,920
for the two parcels.
Pursuant to Ch. 73, Fla. Stat., Respondent is entitled to additional attorney’s fees for supplemental
proceedings, if any, including disbursement and apportionment proceedings. This Executive Summary
authorizes the County Manager or his designee to process payment of additional statutory attorney’s fees
for supplemental proceedings, if any, pursuant to Sections 73.091 and 73.092, Fla. Stat., but not to exceed
$3,000.
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 $104,800 ($45,300 for Parcel 1168FEE and
$59,500 for Parcel 1170FEE) based on its deposit of the good faith estimate of value. Funds for the
balance of $43,290, 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.
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07/13/2021
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, and delegate authority to the County Manager or his
designee to process payment of additional statutory attorney’s fees for supplemental pro ceedings, if any,
as authorized by Ch. 73, Fla. Stat. but not to exceed $3,000.
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering
Division, Growth Management Department
ATTACHMENT(S)
1. 1168FEE and 1170FEE SFJ; Packman (PDF)
2. Aerial 1168FEE (PDF)
3. Aerial 1170FEE (PDF)
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07/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.30
Doc ID: 17446
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$125,000 plus $22,920 in statutory attorneys’ fees and costs and expert fees and costs, for the taking of
Parcels 1168FEE and 1170FEE, required for the Vanderbilt Beach Road Extension Project, Project No.,
60168, and delegate authority to the County Manager or his designee to process payment of additional
statutory attorney’s fees for supplemental proceedings, if any, as authorized by Ch. 73, Fla. Stat.
Meeting Date: 07/13/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
07/02/2021 3:11 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
07/02/2021 3:11 PM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 07/02/2021 3:24 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 07/02/2021 3:28 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 07/06/2021 7:13 AM
Growth Management Department Trinity Scott Additional Reviewer Completed 07/06/2021 8:52 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 07/06/2021 9:33 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/06/2021 9:39 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 07/06/2021 10:04 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/06/2021 10:14 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/06/2021 10:15 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
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[20-CA-3679/1646896/1]
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-3679
v. Parcels: 1168FEE and 1170FEE
VIRGINIA PACKMAN F/K/A VIRGINIA LEONARD
JAMES PACKMAN; SPECIALIZED LOAN SERVICING,
LLC; NATIONAL COLLEGIATE STUDENT LOAN TRUST
2007-3; WILBERT J. FETZER; DIANE L. FETZER; WELLS
FARGO BANK, NA; JAVIER CORTINAS; MICHELLE D.
CORTINAS; STONERY, INC., MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCELS 1168FEE and 1170FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, VIRGINIA
PACKMAN F/K/A VIRGINIA LEONARD AND JAMES PACKMAN, by and through
undersigned counsel, hereby respectfully move this Court for the entry of the foregoing Stipulated
Final Judgment as to Parcels 1168FEE and 1170FEE 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
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Packet Pg. 2753 Attachment: 1168FEE and 1170FEE SFJ; Packman (17446 : Approval of Stipulated Final Judgement for Parcels 1168FEE and 1170FEE)
[20-CA-3679/1646896/1]
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.
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Packet Pg. 2754 Attachment: 1168FEE and 1170FEE SFJ; Packman (17446 : Approval of Stipulated Final Judgement for Parcels 1168FEE and 1170FEE)
[20-CA-3679/1646896/1]
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-3679
v. Parcels: 1168FEE and 1170FEE
VIRGINIA PACKMAN F/K/A VIRGINIA LEONARD
JAMES PACKMAN; SPECIALIZED LOAN SERVICING,
LLC; NATIONAL COLLEGIATE STUDENT LOAN TRUST
2007-3; WILBERT J. FETZER; DIANE L. FETZER; WELLS
FARGO BANK, NA; JAVIER CORTINAS; MICHELLE D.
CORTINAS; STONERY, INC., MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCELS 1168FEE and 1170FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, VIRGINIA PACKMAN F/K/A VIRGINIA
LEONARD AND JAMES PACKMAN, by and through counsel, for the entry of a Stipulated Final
Judgment as to Parcels 1168FEE and 1170FEE 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, VIRGINIA PACKMAN F/K/A VIRGINIA LEONARD AND
JAMES PACKMAN, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total
sum of Fifty-Five Thousand and No/100 Dollars ($55,000.00) for Parcel 1168FEE, as full
payment for the property interest taken, in connection with said parcel.
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Packet Pg. 2755 Attachment: 1168FEE and 1170FEE SFJ; Packman (17446 : Approval of Stipulated Final Judgement for Parcels 1168FEE and 1170FEE)
[20-CA-3679/1646896/1]
2. Respondents, VIRGINIA PACKMAN F/K/A VIRGINIA LEONARD AND
JAMES PACKMAN, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total
sum of Six Thousand One Hundred Thirty-Eight and No/100 Dollars ($6,138.00), for all
attorney fees and costs associated with the acquisition of Parcel 1168FEE. Supplemental attorney’s
fees in an amount not to exceed $3,000 may be awarded, in compliance with F.S.73.092.
3. Respondents, VIRGINIA PACKMAN F/K/A VIRGINIA LEONARD AND
JAMES PACKMAN, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total
sum of Four Thousand Five Hundred Four Dollars and No/100 Dollars ($4,504.00), for all
expert fees and costs associated with the acquisition of Parcel 1168FEE, 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-Five Thousand Three
Hundred and No/100 Dollars ($45,300.00), as payment for the acquisition of Parcel 1168FEE,
at which time title to said parcel as described in Composite Exhibit “A” vested in the name of
Petitioner COLLIER COUNTY, FLORIDA.
5. Respondents, VIRGINIA PACKMAN F/K/A VIRGINIA LEONARD ANJAMES
PACKMAN, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of
Seventy Thousand and No/100 Dollars ($70,000.00) for Parcel 1170FEE, as full payment for the
property interest taken, in connection with said parcel.
6. Respondent, VIRGINIA PACKMAN F/K/A VIRGINIA LEONARD AND
JAMES PACKMAN, shall recover from Petitioner, COLLIER COUNTY, FLOR IDA, the total
sum of Seven Thousand Seven Hundred Fifty-Five and No/100 Dollars ($7,755.00), for all
attorney fees and costs associated with the acquisition of Parcel 1170FEE, and no other attorney
fees or costs shall be paid in this matter.
7. Respondent, VIRGINIA PACKMAN F/K/A VIRGINIA LEONARD AND
JAMES PACKMAN, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total
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Packet Pg. 2756 Attachment: 1168FEE and 1170FEE SFJ; Packman (17446 : Approval of Stipulated Final Judgement for Parcels 1168FEE and 1170FEE)
[20-CA-3679/1646896/1]
sum of Four Thousand Five Hundred Twenty-Three Dollars and No/100 Dollars ($4,523.00),
for all expert fees and costs associated with the acquisition of Parcel 1170FEE, and no other expert
fees or costs shall be paid in this matter.
8. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good
faith estimate of value previously deposited in the amount of Fifty-Nine Thousand Five Hundred
and No/100 Dollars ($59,500.00), as payment for the acquisition of Parcel 1170FEE, at which
time title to said parcel as described in Composite Exhibit “A” vested in the name of Petitioner
COLLIER COUNTY, FLORIDA.
9. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall deposit into the Court Registry the total sum of Twenty Thousand
Two Hundred and No/100 Dollars ($20,200.00), as payment for acquisition of Parcels 1168FEE
and 1170FEE, subject to apportionment, if any.
10. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall issue a check in the total sum of Twenty-Two Thousand Nine
Hundred Twenty and No/100 Dollars ($22,920.00), and deliver said check to John M. LeRoux,
Esquire, Law Offices of John M. LeRoux, P.A., 3090 Charles Avenue, Suite 200, Clearwater,
Florida 33761, for the payment of attorney’s fees and costs awarded herein.
11 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.
12. This Order disposes of all claims arising out of the taking of Parcels 1168FEE and
1170FEE that have or could have been asserted in this cause.
13. 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
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Packet Pg. 2757 Attachment: 1168FEE and 1170FEE SFJ; Packman (17446 : Approval of Stipulated Final Judgement for Parcels 1168FEE and 1170FEE)
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Taking dated June 11, 2021, and the deposit of money heretofore made, is approved, ratified, and
confirmed.
14. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5849, Page 2485 of the Public Records of Collier County, Florida is hereby dismissed as to Parcels
1168FEE and 1170FEE.
15. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment, to apportion the compensation, award attorney’s fees and costs for any apporti onment
and supplemental proceedings pursuant to § 73.091, Fla. Stat. (2020) and § 73.092, Fla. Stat.
(2020), and enter any further orders deemed proper.
16. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Composite Exhibit “A”
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Packet Pg. 2758 Attachment: 1168FEE and 1170FEE SFJ; Packman (17446 : Approval of Stipulated Final Judgement for Parcels 1168FEE and 1170FEE)
AERIAL – PARCEL 1168FEE
(Vanderbilt Beach Rd. Ext. Project No. 60168)
/
PARCEL 1168FEE
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Packet Pg. 2759 Attachment: Aerial 1168FEE (17446 : Approval of Stipulated Final Judgement for Parcels 1168FEE and 1170FEE)
AERIAL – PARCEL 1170FEE
(Vanderbilt Beach Rd. Ext. Project No. 60168)
/
PARCEL 1170FEE
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Packet Pg. 2760 Attachment: Aerial 1170FEE (17446 : Approval of Stipulated Final Judgement for Parcels 1168FEE and 1170FEE)