Agenda 09/14/2021 Item #16K14 (Stipulated Final Judgment for VBR Ext. Project #60168)09/14/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $199,000 plus $53,429
in statutory attorney and experts’ fees and costs for the taking of Parcel 1197RDUE, required for
the Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1197RDUE, 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 1197RDUE 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 roadway,
drainage and utility easement acquisition area consists of a strip taking along the side, southerly boundary
of the property and the front, westerly boundary, and is approximately 1.53 acres in extent. The parent
tract is unimproved vacant land owned by Virginia H. Holt Trust and contains 5.15 acres of gross land
area, which will be reduced to approximately 3.62 acres after the acquisition. An aerial photograph of the
subject property is attached. The County’s appraiser estimated full compensation at $93,800 including
severance damages. After an internal review by the Transportation Engineering Division’s Re view
Appraiser, this amount was adjusted to $176,800 to account for increases in property prices and additional
severance damages since the date of the appraisal. The property owner’s initial demand was $248,200 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
$199,000 plus $47,091 in statutory attorney’s fees and $6,338 in expert fees and costs, fo r a total of
$252,429.
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 $93,800 for its deposit of the good faith
estimate of value. Funds for the balance of $158,799 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. P11197RDUE Le Roux Stip Final Judgment (002)(1) (DOCX)
2. Aerial - Parcel 1197RDUE (PDF)
16.K.14
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09/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.14
Doc ID: 19985
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$199,000 plus $53,429 in statutory attorney and experts’ fees and costs for the taking of Parcel
1197RDUE, 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
09/07/2021 9:54 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/07/2021 9:54 AM
Approved By:
Review:
Growth Management Department Trinity Scott Additional Reviewer Completed 09/07/2021 9:57 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 09/07/2021 9:57 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 09/07/2021 10:18 AM
Transportation Engineering Anthony Khawaja Additional Reviewer Completed 09/07/2021 10:45 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 09/07/2021 1:39 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 09/08/2021 5:41 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/08/2021 8:32 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/08/2021 8:33 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/08/2021 4:31 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/08/2021 5:10 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM
16.K.14
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[20-CA-3649/1658021/1]
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-3649
v. Parcel: 1197RDUE
CHRISTOPHER M. FENSTERMAKER; ANNETTE
M. FENSTERMAKER; DORIS A. TULIS; MARK W.
STERN; SARA K. STERN; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC; CHAD NIMNUAN;
CAROL NIMNUAN; BAMBI JO PENCE, AS SUCCESSOR
TRUSTEE OF THE VIRGINIA HOLT REVOCABLE
TRUST AGREEMENT DATED DECEMBER 17, 1992
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1197RDUE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, BAMBI JO
PENCE, AS SUCCESSOR TRUSTEE OF THE VIRGINIA HOLT REVOCABLE TRUST
AGREEMENT DATED DECEMBER 17, 1992, by and through undersigned counsel, hereby
respectfully move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel
1197RDUE 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
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Packet Pg. 3167 Attachment: P11197RDUE Le Roux Stip Final Judgment (002)(1) (19985 : Recommendation to approve a Stipulated Final Judgment for the
[20-CA-3649/1658021/1]
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.14.a
Packet Pg. 3168 Attachment: P11197RDUE Le Roux Stip Final Judgment (002)(1) (19985 : Recommendation to approve a Stipulated Final Judgment for the
[20-CA-3649/1658021/1]
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-3649
v. Parcel: 1197RDUE
CHRISTOPHER M. FENSTERMAKER; ANNETTE
M. FENSTERMAKER; DORIS A. TULIS; MARK W.
STERN; SARA K. STERN; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC; CHAD NIMNUAN;
CAROL NIMNUAN; BAMBI JO PENCE, AS SUCCESSOR
TRUSTEE OF THE VIRGINIA HOLT REVOCABLE
TRUST AGREEMENT DATED DECEMBER 17, 1992
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1197RDUE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, BAMBI JO PENCE, AS SUCCESSOR
TRUSTEE OF THE VIRGINIA HOLT REVOCABLE TRUST AGREEMENT DATED
DECEMBER 17, 1992, by and through counsel, for the entry of a Stipulated Final Judgment as to
Parcel 1197RDUE 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, BAMBI JO PENCE, AS SUCCESSOR TRUSTEE OF THE
VIRGINIA HOLT REVOCABLE TRUST AGREEMENT DATED DECEMBER 17, 1992, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Hundred
Ninety-Nine Thousand and No/100 Dollars ($199,000.00) for Parcel 1197RDUE, as full
payment for the property interest taken, in connection with said parcel.
2. Respondent, BAMBI JO PENCE, AS SUCCESSOR TRUSTEE OF THE
VIRGINIA HOLT REVOCABLE TRUST AGREEMENT DATED DECEMBER 17, 1992, shall
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Packet Pg. 3169 Attachment: P11197RDUE Le Roux Stip Final Judgment (002)(1) (19985 : Recommendation to approve a Stipulated Final Judgment for the
[20-CA-3649/1658021/1]
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Forty-Seven
Thousand Ninety-One and No/100 Dollars ($47,091.00), for all attorney fees and costs
associated with the acquisition of Parcel 1197RDUE.
3. Respondent, BAMBI JO PENCE, AS SUCCESSOR TRUSTEE OF THE
VIRGINIA HOLT REVOCABLE TRUST AGREEMENT DATED DECEMBER 17, 1992, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Six Thousand Three
Hundred Thirty-Eight Dollars and No/100 Dollars ($6,338.00), for all expert fees and costs
associated with the acquisition of Parcel 1197RDUE, 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 Ninety-Three Thousand Eight
Hundred and No/100 Dollars ($93,800.00), as payment for the acquisition of Parcel 1197RDUE,
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 One Hundred Fifty-Eight Thousand Six
Hundred Twenty-Nine and No/100 Dollars ($158,629.00), 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 1197RDUE that
have or could have been asserted in this cause.
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Packet Pg. 3170 Attachment: P11197RDUE Le Roux Stip Final Judgment (002)(1) (19985 : Recommendation to approve a Stipulated Final Judgment for the
[20-CA-3649/1658021/1]
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. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5847, Page 3285 of the Public Records of Collier County, Florida be dismissed as to Parcel
1197RDUE.
10. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
11. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Exhibit “A”
16.K.14.a
Packet Pg. 3171 Attachment: P11197RDUE Le Roux Stip Final Judgment (002)(1) (19985 : Recommendation to approve a Stipulated Final Judgment for the
AERIAL – PARCEL 1197RDUE
VANDERBILT BEACH RD EXT PROJECT 60168
PARCEL 1197RDUE EXISTING RIGHT-OF-WAY PER PLAT /
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Packet Pg. 3172 Attachment: Aerial - Parcel 1197RDUE (19985 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel 1197RDUE)