Agenda 09/14/2021 Item #16K18 (Stipulated Final Judgment for VBR Ext. Project #60168)09/14/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $107,000 plus $21,728
in statutory attorney and experts’ fees and costs for the taking of Parcel 1209FEE required for the
Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1209FEE 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 1209FEE 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 0.38 acres in extent. The parent tract is improved with a single family home, owned by
Israel Morales Jr. and Yelkian Leon and contains 2.5 acres of gross land area, which will be reduced to
2.12 acres after the acquisition. An aerial photograph of the subject property is attached. The County’s
appraiser estimated full compensation at $65,700 including severance damages, which was adjusted to
$69,600 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 $181,000 plus
attorney’s fees and expert fees and costs. The parties participated both in mediation and informal
settlement negotiations and ultimately reached an agreement. The attached Stipulated Final Judgment
reflects a negotiated compensation amount of $107,000 plus $15,213 in statutory attorney’s fees and
$6,515 in expert fees and costs, for a total of $128,728.
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 $65,700 for its deposit of the good faith
estimate of value. Funds for the balance of $63,198, which includes the Clerk’s $170.00 deposit fee, are
available in the Vanderbilt Beach Road Extension Project Capital Fund, Project 60168. The pr imary
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. P1209FEE Le Roux Stip Final Judgment (002)(1) (DOCX)
2. Aerial - Parcel 1209FEE (PDF)
16.K.18
Packet Pg. 3197
09/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.18
Doc ID: 19967
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$107,000 plus $21,728 in statutory attorney and experts’ fees and costs for the taking of Parcel 1209FEE
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 10:00 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/03/2021 10:00 AM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 09/03/2021 10:04 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 09/03/2021 10:07 AM
Transportation Engineering Patricia Braxton Additional Reviewer Completed 09/03/2021 10:10 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 09/03/2021 10:53 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 09/03/2021 2:51 PM
Growth Management Department Trinity Scott Additional Reviewer Completed 09/07/2021 9:46 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/07/2021 10:00 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/07/2021 10:52 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/07/2021 4:27 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 09/07/2021 4:53 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM
16.K.18
Packet Pg. 3198
[20-CA-3619/1658042/1]
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-3619
v. Parcel 1209FEE
KLARITA IVANAJ; MICHAEL A. BOHALL, AS TRUSTEE
OF THE MICHAEL BOHALL TRUST AGREEMENT DATED
8/27/2013; ISRAEL MORALES, JR., YELKIAN LEON;
CHASE BANK, NA; CONSTRUCTORA Y PROMOTORA
V & N, LLC; AND WSC HOMES, LLC
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1209FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, ISRAEL
MORALES, JR., AND YELKIAN LEON, by and through undersigned counsel, hereby
respectfully move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel
1209FEE 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.18.a
Packet Pg. 3199 Attachment: P1209FEE Le Roux Stip Final Judgment (002)(1) (19967 : Stipulated Final Judgment taking of Parcel 1209FEE)
[20-CA-3619/1658042/1]
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.18.a
Packet Pg. 3200 Attachment: P1209FEE Le Roux Stip Final Judgment (002)(1) (19967 : Stipulated Final Judgment taking of Parcel 1209FEE)
[20-CA-3619/1658042/1]
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-3619
v. Parcel 1209FEE
KLARITA IVANAJ; MICHAEL A. BOHALL, AS TRUSTEE
OF THE MICHAEL BOHALL TRUST AGREEMENT DATED
8/27/2013; ISRAEL MORALES, JR., YELKIAN LEON;
CHASE BANK, NA; CONSTRUCTORA Y PROMOTORA
V & N, LLC; AND WSC HOMES, LLC
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1209FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, ISRAEL MORALES, JR., AND YELKIAN
LEON, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel 1209FEE
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, ISRAEL MORALES, JR., AND YELKIAN LEON, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Hundred Seven
Thousand and No/100 Dollars ($107,000.00) for Parcel 1209FEE, as full payment for the
property interest taken, in connection with said parcel.
2. Respondent, ISRAEL MORALES, JR., AND YELKIAN LEON, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Fifteen Thousand Two
Hundred Thirteen and No/100 Dollars ($15,213.00), for all attorney fees and costs associated
with the acquisition of Parcel 1209FEE.
16.K.18.a
Packet Pg. 3201 Attachment: P1209FEE Le Roux Stip Final Judgment (002)(1) (19967 : Stipulated Final Judgment taking of Parcel 1209FEE)
[20-CA-3619/1658042/1]
3. Respondent, ISRAEL MORALES, JR., AND YELKIAN LEON, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Six Thousand Five Hundred
Fifteen and No/100 Dollars ($6,515.00), for all expert fees and costs associated with the
acquisition of Parcel 1209FEE, 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 Sixty-Five Thousand Seven
Hundred and No/100 Dollars ($65,700.00), as payment for the acquisition of Parcel 1209FEE,
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 Sixty-Three Thousand Twenty-Eight and
No/100 Dollars ($63,028.00), 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 1209FEE 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
April 12, 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 3477 of the Public Records of Collier County, Florida be dismissed as to Parcel
1209FEE.
16.K.18.a
Packet Pg. 3202 Attachment: P1209FEE Le Roux Stip Final Judgment (002)(1) (19967 : Stipulated Final Judgment taking of Parcel 1209FEE)
[20-CA-3619/1658042/1]
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.
DONE AND ORDERED in Chambers, Collier County, Naples, Florida, this ___ day of
________ 2021.
THE HONORABLE ELIZABETH V. KRIER
Circuit Court Judge
Exhibit “A”
16.K.18.a
Packet Pg. 3203 Attachment: P1209FEE Le Roux Stip Final Judgment (002)(1) (19967 : Stipulated Final Judgment taking of Parcel 1209FEE)
AERIAL – PARCEL 1209FEE
VANDERBILT BEACH RD EXT PROJECT 60168
/
PARCEL 1209FEE
16.K.18.b
Packet Pg. 3204 Attachment: Aerial - Parcel 1209FEE (19967 : Stipulated Final Judgment taking of Parcel 1209FEE)