Agenda 09/14/2021 Item #16K 5 (Stipulated Final Judgement for VBR Ext Project #60168)09/14/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $77,500 plus $18,664 in
statutory attorney and experts’ fees and costs for the taking of Parcel 1118FEE, required for the
Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1118FEE required for the
construction of the Vanderbilt Beach Road Extension Project No. 60168.
CONSIDERATIONS: On September 22, 2020, the Board authorized, via Resolution No. 2020-175, the
condemnation of Parcel 1118FEE for the construction of roadway, drainage and utility improvements
required for the expansion and extension of Vanderbilt Beach Road from Collier Boulevard to east of 16th
Street NE and Massey Street from Vanderbilt Beach Road to south of Mockingbird Drive. The fee simple
acquisition area consists of a strip taking along the rear, northerly boundary of the property and is
approximately 0.42 acres in extent. The parent tract is unimproved vacant land owned by Lucienne Cyril
and contains 2.50 acres of gross land area, which will be reduced to 2.08 acres after the acquisition. An
aerial photograph of the subject property is attached. The County’s appraiser estimated full compensation
at $52,200 including severance damages, which was adjusted to $71,000 by the Transportation
Engineering Division’s Review Appraiser to account for increases in property prices since the date of the
appraisal. The property owner’s initial demand was $84,800 plus attorney’s fees and expert fees and costs.
The parties participated in informal negotiations and reached an agreement. The attached Stipulated Final
Judgment reflects a negotiated compensation amount of $77,500 plus $12,837 in statutory attorney’s fees
and $5,827 in expert fees and costs, for a total of $96,164.
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 $52,200 for its deposit of the good faith
estimate of value. Funds for the balance of $44,134 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
ATTACHMENT(S)
1. P1118FEE Le Roux Stip Final Judgment (002)(1) (DOCX)
2. Aerial - Parcel 1118FEE (PDF)
16.K.5
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09/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doc ID: 19970
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$77,500 plus $18,664 in statutory attorney and experts’ fees and costs for the taking of Parcel 1118FEE,
required for the Vanderbilt Beach Road Extension Project No. 60168.
Meeting Date: 09/14/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Jessica Hayes
09/03/2021 10:22 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/03/2021 10:22 AM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 09/03/2021 10:25 AM
Growth Management Department Trinity Scott Additional Reviewer Completed 09/03/2021 10:29 AM
Transportation Engineering Patricia Braxton Additional Reviewer Completed 09/03/2021 10:43 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 09/03/2021 11:02 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 09/03/2021 11:14 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 09/03/2021 2:53 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/03/2021 2:56 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/03/2021 3:15 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/03/2021 4:31 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/03/2021 5:08 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM
16.K.5
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[20-CA-3699/1658141/1]
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: 1118FEE;
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 1118FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, LUCIENNE
CYRIL, by and through undersigned counsel, hereby respectfully move this Court for the entry of
the foregoing Stipulated Final Judgment as to Parcel 1118FEE 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.5.a
Packet Pg. 3065 Attachment: P1118FEE Le Roux Stip Final Judgment (002)(1) (19970 : Recommendation to approve a Stipulated Final Judgment taking of Parcel
[20-CA-3699/1658141/1]
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
September 2021.
By:________________________
SALLY A. ASHKAR, ESQ.
16.K.5.a
Packet Pg. 3066 Attachment: P1118FEE Le Roux Stip Final Judgment (002)(1) (19970 : Recommendation to approve a Stipulated Final Judgment taking of Parcel
[20-CA-3699/1658141/1]
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: 1118FEE;
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 1118FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, LUCIENNE CYRIL, by and through counsel,
for the entry of a Stipulated Final Judgment as to Parcel 1118FEE 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, LUCIENNE CYRIL, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Seventy-Seven Thousand Five Hundred and No/100
Dollars ($77,500.00) for Parcel 1118FEE, as full payment for the property interest taken, in
connection with said parcel.
2. Respondent, LUCIENNE CYRIL, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Twelve Thousand Eight Hundred Thirty-Seven and
No/100 Dollars ($12,837.00), for all attorney fees and costs associated with the acquisition of
Parcel 1118FEE.
3. Respondent, LUCIENNE CYRIL, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Five Thousand Eight Hundred Twenty-Seven and
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Packet Pg. 3067 Attachment: P1118FEE Le Roux Stip Final Judgment (002)(1) (19970 : Recommendation to approve a Stipulated Final Judgment taking of Parcel
[20-CA-3699/1658141/1]
No/100 Dollars ($5,827.00), for all expert fees and costs associated with the acquisition of Parcel
1118FEE, 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 Fifty-Two Thousand Two Hundred
and No/100 Dollars ($52,200.00), as payment for the acquisition of Parcel 1118FEE, 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 Forty-Three Thousand Nine Hundred Sixty-
Four and No/100 Dollars ($43,964.00), by mailing a check payable to John M. LeRoux Trust
Account, Law Offices of John M. LeRoux, P.A., 3090 Charles Ave #200, Clearwater, FL 33761.
6. 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.
7. This Order disposes of all claims arising out of the taking of Parcel 1118FEE 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. Although the property now falls below the minimum lot size of 2.25 acres as a
result of the Vanderbilt Beach Road public acquisition, the rights and entitlements 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
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[20-CA-3699/1658141/1]
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.
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 be dismissed as to Parcel
1118FEE.
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.5.a
Packet Pg. 3069 Attachment: P1118FEE Le Roux Stip Final Judgment (002)(1) (19970 : Recommendation to approve a Stipulated Final Judgment taking of Parcel
AERIAL
PARCEL 1118FEE
VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168
/
PARCEL 1118FEE
12th Ave NE
10th Ave NE
16.K.5.b
Packet Pg. 3070 Attachment: Aerial - Parcel 1118FEE (19970 : Recommendation to approve a Stipulated Final Judgment taking of Parcel 1118FEE)