Agenda 09/14/2021 Item #16K11 (Stipulated Final Judgment for VBR Ext. Project #60168)09/14/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $119,500 plus
$26,325.77 in statutory attorney and experts’ fees and costs for the taking of Parcel 235FEE
required for the Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 235FEE, 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 235FEE 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, southerly boundary of the property and is
approximately .38 acres in extent. The parent tract includes a single-family home and associated site
improvements owned by Michael Lefchak and Krista Lefchak 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. The County’s appraiser estimated full compensation at $72,600 including severance damages,
which was adjusted to $75,500 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
$180,000 plus attorney’s fees and expert fees and costs. The parties participated in informal negotiations
and reached an agreement subject to Board approval. The attached Stipulated Final Judgment reflects a
negotiated compensation amount of $119,500 plus $19,272 in statutory attorney’s fees, $6,484.27 in
expert fees and costs, and $569.50 in supplemental attorney’s fees for a total of $145,825.77.
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 $72,600 for its deposit of the good faith
estimate of value. Funds for the balance of $73,395.77, 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. - CMG
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. Joint Motion for Stipulated Final Judgment - Parcel 235FEE (PDF)
2. Aerial - Parcel 235FEE (PDF)
16.K.11
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09/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.11
Doc ID: 19973
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$119,500 plus $26,325.77 in statutory attorney and experts’ fees and costs for the taking of Parcel
235FEE 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 11:33 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/03/2021 11:33 AM
Approved By:
Review:
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 09/03/2021 11:40 AM
Growth Management Department Trinity Scott Additional Reviewer Completed 09/03/2021 11:46 AM
Transportation Engineering Patricia Braxton Additional Reviewer Completed 09/03/2021 1:35 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 09/03/2021 1:35 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 09/03/2021 2:37 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 09/06/2021 5:59 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/07/2021 8:16 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/07/2021 10:57 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/07/2021 4:26 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 09/07/2021 4:40 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM
16.K.11
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[20-CA-3902/1663412/1]
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-3902
v. Parcel: 235FEE
MICHAEL LEFCHAK; KRISTA J. LEFCHAK;
MOVEMENT MORTGAGE, LLC; RICH ROAD
PROPERTIES 3, LLC, A FLORIDA LIMITED
LIABILITY COMPANY; JOHN W. LIPS; THOMAS
LIPS; CAROLINE LIPS; KENNETH JOHN LIPS;
EUGENE CAMPBELL, SR; HACK LIVING TRUST;
MERIDIAN TAX, LLC; LL IMAGINATION, LLC;
JUDY HARMON; RICHARD J. FERNANDEZ, SR;
RONALD B. FERNANDEZ; CONSOLIDATED
TELEPHONE COMPANY; VIOLETA GALANG HERRERA
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 235FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent(s), MICHAEL
LEFCHAK AND KRISTA J. LEFCHAK, by and through undersigned counsel, hereby
respectfully move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel
235FEE attached hereto as Exhibit “1”.
____________________________ __/s/ KENNETH A. JONES_____
COLLEEN M. GREENE, ESQ. KENNETH A. JONES, ESQ
Florida Bar No. 502650 Florida Bar No. 200158
Collier County Attorney’s Office Hahn Loeser & Parks, LLP
3299 E. Tamimi Trail, Suite 800 2400 First Street, Suite 300
Naples, FL 34112 Fort Myers, FL 33901-2904
Telephone: (239) 252-8400 Telephone: (239) 337-6727
COUNSEL FOR PETITIONER COUNSEL FOR RESPONDENT(S)
Colleen.Greene@colliercountyfl.gov kjones@hahnlaw.com
Sheri.Malcolm@colliercountyfl.gov jstone@hahnlaw.com
16.K.11.a
Packet Pg. 3143 Attachment: Joint Motion for Stipulated Final Judgment - Parcel 235FEE (19973 : Recommendation to approve a Stipulated Final Judgment for
[20-CA-3902/1663412/1]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated Final
Judgment was electronically filed with the Florida Courts E-Filing Portal on this _____ day of
________ 2021.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
16.K.11.a
Packet Pg. 3144 Attachment: Joint Motion for Stipulated Final Judgment - Parcel 235FEE (19973 : Recommendation to approve a Stipulated Final Judgment for
[20-CA-3902/1663412/1]
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-3902
v. Parcel: 235FEE
MICHAEL LEFCHAK; KRISTA J. LEFCHAK;
MOVEMENT MORTGAGE, LLC; RICH ROAD
PROPERTIES 3, LLC, A FLORIDA LIMITED
LIABILITY COMPANY; JOHN W. LIPS; THOMAS
LIPS; CAROLINE LIPS; KENNETH JOHN LIPS;
EUGENE CAMPBELL, SR; HACK LIVING TRUST;
MERIDIAN TAX, LLC; LL IMAGINATION, LLC;
JUDY HARMON; RICHARD J. FERNANDEZ, SR;
RONALD B. FERNANDEZ; CONSOLIDATED
TELEPHONE COMPANY; VIOLETA GALANG HERRERA
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 235FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent(s), MICHAEL LEFCHAK AND KRISTA J.
LEFCHAK, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel
235FEE 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), MICHAEL LEFCHAK AND KRISTA J. LEFCHAK, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Hundred Nineteen
Thousand Five Hundred and No/100 Dollars ($119,500.00) for Parcel 235FEE, as full payment
for the property interest taken, in connection with said Parcel.
2. Respondent, MICHAEL LEFCHAK AND KRISTA J. LEFCHAK, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Nineteen Thousand Two
16.K.11.a
Packet Pg. 3145 Attachment: Joint Motion for Stipulated Final Judgment - Parcel 235FEE (19973 : Recommendation to approve a Stipulated Final Judgment for
[20-CA-3902/1663412/1]
Hundred Seventy-Two and No/100 Dollars ($19,272.00), for all attorney fees and costs
associated with the acquisition of Parcel 235FEE.
3. Respondent, MICHAEL LEFCHAK AND KRISTA J. LEFCHAK, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Five Hundred Sixty-Nine
Dollars and 50/100 ($569.50) in supplemental attorney’s fees and costs associated with the
acquisition of Parcel 235FEE.
4. Respondent, MICHAEL LEFCHAK AND KRISTA J. LEFCHAK, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Six Thousand Four Hundred
Eighty-Four Dollars and 27/100 Dollars ($6,484.27), for all expert fees and costs associated with
the acquisition of Parcel 235FEE, and no other expert fees or costs shall be paid in this matter.
5. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good
faith estimate of value previously deposited in the amount of Seventy-Two Thousand Six
Hundred and No/100 Dollars ($72,600.00), as payment for the acquisition of Parcel 235FEE, at
which time title to said Parcel as described in Exhibit “A” vested in the name of Petitioner
COLLIER COUNTY, FLORIDA.
6. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Seventy-Three Thousand Two Hundred
Twenty-Five and 77/100 Dollars ($73,225.77), representing the total sum due for the acquisition
of Parcel 235FEE, attorney’s fees, costs, and expert fees, by depositing the amount into the Court’s
Registry.
7. 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.11.a
Packet Pg. 3146 Attachment: Joint Motion for Stipulated Final Judgment - Parcel 235FEE (19973 : Recommendation to approve a Stipulated Final Judgment for
[20-CA-3902/1663412/1]
8. This Order disposes of all claims arising out of the taking of Parcel 235FEE that
have or could have been asserted in this cause.
9. 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 6, 2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
10. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5858, Page 3984 of the Public Records of Collier County, Florida be dismissed as to Parcel
235FEE.
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.
DONE AND ORDERED in Chambers, Collier County, Naples, Florida, this ___ day of
________ 2021.
THE HONORABLE LAUREN BRODIE
Circuit Court Judge
Exhibit “A”
16.K.11.a
Packet Pg. 3147 Attachment: Joint Motion for Stipulated Final Judgment - Parcel 235FEE (19973 : Recommendation to approve a Stipulated Final Judgment for
AERIAL - PARCEL 235FEE
VANDERBILT BEACH ROAD EXTENSION PROJECT 60168
/
PARCEL 235FEE
10th Ave NW
12th Ave NW
16.K.11.b
Packet Pg. 3148 Attachment: Aerial - Parcel 235FEE (19973 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel 235FEE)