Agenda 09/14/2021 Item #16K17 (Stipulated Final Judgment for VBR Ext. Project #60168)09/14/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $172,500 plus $41,966
in statutory attorney and experts’ fees and costs for the taking of Parcel 1217FEE required for the
Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1217FEE 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 1217FEE 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 0.76 acres in extent. The parent tract is unimproved vacant land owned by Lawrence
Cariglio and Mikelann Cariglio and contains 5.0 acres of gross land area, which will be reduced to 4.24
acres after the acquisition. An aerial photograph of the subject property is attached. The County’s
appraiser estimated full compensation at $101,600 including severance damages, which was adjusted to
$138,200 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 $190,700 plus
attorney’s fees and expert fees and costs. The parties participated in mediation and reached an agreement.
The attached Stipulated Final Judgment reflects a negotiated compensation amount of $172,500 plus
$35,805 in statutory attorney’s fees and $6,161 in expert fees and costs, for a total of $214,466.
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 $101,600 for its deposit of the good faith
estimate of value. Funds for the balance of $113,036, 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. 1217FEE SFJ; Cariglio(1) (PDF)
2. Aerial - Parcel 1217FEE (PDF)
16.K.17
Packet Pg. 3189
09/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.17
Doc ID: 20005
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$172,500 plus $41,966 in statutory attorney and experts’ fees and costs for the taking of Parcel 1217FEE
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 1:36 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/07/2021 1:36 PM
Approved By:
Review:
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 09/07/2021 1:47 PM
Transportation Engineering Anthony Khawaja Additional Reviewer Completed 09/07/2021 2:01 PM
Growth Management Department Trinity Scott Additional Reviewer Completed 09/07/2021 3:44 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 09/07/2021 3:58 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 09/08/2021 5:40 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 09/08/2021 6:48 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/08/2021 8:28 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 5:08 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM
16.K.17
Packet Pg. 3190
[20-CA-3673/1664344/1]
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-3673
v. Parcel 1217FEE
CARL V. DOAN; HAI V. VU; ANN H. LANGSTON;
VICKY M. RODGERS; HELIAM ULISES LOPEZ-
MARTINEZ; LAWRENCE CARIGLIO; MIKELANN
CARIGLIO
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO PARCEL
1217FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent(s), LAWRENCE CARIGLIO
AND MIKELANN CARIGLIO, by and through undersigned counsel, hereby respectfully move this Court for
the entry of the foregoing Stipulated Final Judgment as to Parcel 1217FEE 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
16.K.17.a
Packet Pg. 3191 Attachment: 1217FEE SFJ; Cariglio(1) (20005 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel 1217FEE)
[20-CA-3673/1664344/1]
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 ______ 2021.
By:________________________
SALLY A. ASHKAR, ESQ.
16.K.17.a
Packet Pg. 3192 Attachment: 1217FEE SFJ; Cariglio(1) (20005 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel 1217FEE)
[20-CA-3673/1664344/1]
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-3673
v. Parcel 1217FEE
CARL V. DOAN; HAI V. VU; ANN H. LANGSTON;
VICKY M. RODGERS; HELIAM ULISES LOPEZ-
MARTINEZ; LAWRENCE CARIGLIO; MIKELANN
CARIGLIO
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1217FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner, COLLIER
COUNTY, FLORIDA, and Respondent(s), LAWRENCE CARIGLIO AND MIKELANN CARIGLIO, by and
through counsel, for the entry of a Stipulated Final Judgment as to Parcel 1217FEE 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), LAWRENCE CARIGLIO AND MIKELANN CARIGLIO, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Hundred Seventy-Two Thousand Five
Hundred and No/100 Dollars ($172,500.00) for Parcel 1217FEE, as full payment for the property interest
taken, including damages and statutory interests, in connection with said parcel.
2. Respondent(s), LAWRENCE CARIGLIO AND MIKELANN CARIGLIO, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Thirty-Five Thousand Eight Hundred Five
and No/100 Dollars ($35,805.00), for all attorney fees and costs associated with Parcel 1217FEE and no other
attorney fees or costs shall be paid in this matter.
16.K.17.a
Packet Pg. 3193 Attachment: 1217FEE SFJ; Cariglio(1) (20005 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel 1217FEE)
[20-CA-3673/1664344/1]
3. Respondent(s), LAWRENCE CARIGLIO AND MIKELANN CARIGLIO, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Six Thousand One Hundred Sixty-One
Dollars and No/100 Dollars ($6,161.00), for all expert fees and costs associated with Parcel 1217FEE 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 One Hundred One Thousand Six Hundred and No/100
Dollars ($101,600.00), as payment for acquisition of Parcel 1217FEE, 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 One Hundred Twelve Thousand Eight Hundred Sixty-Six and No/100 Dollars
($112,866.00), as payment for acquisition of Parcel 1217FEE, and mail said check to the Law Offices of John
M. LeRoux, P.A., 3090 Charles Avenue, Suite 200, Clearwater, Florida 33761.
6. Although the property now falls below 4.5 acres as a result of the County’s condemnation
action, the rights and entitlements for subdivision, improvement, development and redevelopment of the
property shall remain the same as prior to the Vanderbilt Beach Road public acquisition, and the property shall
remain legal, subdividable and buildable. Pursuant to Collier County Land Development Code Section
9.03.07.B., lots with sufficient area for the subdivision of 3 or fewer conforming lots may be subdivided to the
same number of lots as prior to the acquisition, with each new lot containing at least eighty percent of the
required minimum lot area..
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.
8. This Order disposes of all claims arising out of the taking of Parcel 1217FEE that have or could
have been asserted in this cause.
16.K.17.a
Packet Pg. 3194 Attachment: 1217FEE SFJ; Cariglio(1) (20005 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel 1217FEE)
[20-CA-3673/1664344/1]
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 28, 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 5848, Page
430 of the Public Records of Collier County, Florida is hereby dismissed as to Parcel 1217FEE.
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.17.a
Packet Pg. 3195 Attachment: 1217FEE SFJ; Cariglio(1) (20005 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel 1217FEE)
AERIAL – PARCEL 1217FEE
VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168
/
PARCEL 1217FEE
12th Ave NE
10th Ave NE
16.K.17.b
Packet Pg. 3196 Attachment: Aerial - Parcel 1217FEE (20005 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel 1217FEE)