Agenda 09/14/2021 Item #16K20 (Stipulated Final Judgment for VBR Ext. Project #60168)09/14/2021
Recommendation to approve a Stipulated Final Judgment in the amount of $125,000 plus $30,413
in statutory attorney and experts’ fees and costs for the taking of Parcel 226FEE required for the
Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 226FEE 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 226FEE 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 0.4 acres in extent. The parent tract is improved with a single family home owned by Marc
E. McCollaum and Monica McCollaum and contains 2.5 acres of gross land area, which will be reduced to
2.10 acres after the acquisition. An aerial photograph of the subject propert y is attached. The County’s
appraiser estimated full compensation at $64,700 including severance damages, which was adjusted to
$72,000 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 $195,500 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 $125,000 plus
$23,958 in statutory attorney’s fees and $6,455 in expert fees and costs, for a total of $155,413.
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 $64,700 for its deposit of the good faith
estimate of value. Funds for the balance of $90,883, 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. P226FEE Le Roux Stip Final Judgment (002)(1) (DOCX)
2. Aerial - Parcel 226FEE (PDF)
16.K.20
Packet Pg. 3213
09/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.20
Doc ID: 19969
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$125,000 plus $30,413 in statutory attorney and experts’ fees and costs for the taking of Parcel 226FEE
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 10:13 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/03/2021 10:13 AM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 09/03/2021 10:20 AM
Transportation Engineering Patricia Braxton Additional Reviewer Completed 09/03/2021 10:21 AM
Growth Management Department Trinity Scott Additional Reviewer Completed 09/03/2021 10:28 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 09/03/2021 10:58 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 09/03/2021 11:12 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 09/03/2021 2:52 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/03/2021 2:58 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/03/2021 3:20 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.20
Packet Pg. 3214
[20-CA-3910/1657960/1]
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-3910
v. Parcel: 226FEE
MITCHELL S. ROSSELL; MONICA P. NOWLYN;
CHASE BANK, NA; SEAN A. COLE; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC;
MARC E. MCCOLLAUM; MONICA MCCOLLAUM;
US SMALL BUSINESS ADMINISTRATION; MEDALLION
BANK; BANK OF AMERICA, NA; STEPHEN AUBRECHT;
BONNIE AUBRECHT; BORHAM UDDIN AHMED;
ANGELA GINA AHMED; ANGELA AHMED;
WELLS FARGO BANK, NA
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 226FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, MARC E.
MCCOLLAUM and MONICA MCCOLLAUM, by and through undersigned counsel, hereby
respectfully move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel
226FEE 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.20.a
Packet Pg. 3215 Attachment: P226FEE Le Roux Stip Final Judgment (002)(1) (19969 : Stipulated Final Judgment in the amount taking of Parcel 226FEE)
[20-CA-3910/1657960/1]
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.20.a
Packet Pg. 3216 Attachment: P226FEE Le Roux Stip Final Judgment (002)(1) (19969 : Stipulated Final Judgment in the amount taking of Parcel 226FEE)
[20-CA-3910/1657960/1]
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-3910
v. Parcel: 226FEE
MITCHELL S. ROSSELL; MONICA P. NOWLYN;
CHASE BANK, NA; SEAN A. COLE; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC;
MARC E. MCCOLLAUM; MONICA MCCOLLAUM;
US SMALL BUSINESS ADMINISTRATION; MEDALLION
BANK; BANK OF AMERICA, NA; STEPHEN AUBRECHT;
BONNIE AUBRECHT; BORHAM UDDIN AHMED;
ANGELA GINA AHMED; ANGELA AHMED;
WELLS FARGO BANK, NA
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 226FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, MARC E. MCCOLLAUM AND MONICA
MCCOLLAUM, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel
226FEE 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. Respondents, MARC E. MCCOLLAUM and MONICA MCCOLLAUM, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Hundred
Twenty-Five Thousand and No/100 Dollars ($125,000.00) for Parcel 226FEE, as full payment
for the property interest taken, in connection with said parcel.
2. Respondents, MARC E. MCCOLLAUM and MONICA MCCOLLAUM, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Twenty-Three
16.K.20.a
Packet Pg. 3217 Attachment: P226FEE Le Roux Stip Final Judgment (002)(1) (19969 : Stipulated Final Judgment in the amount taking of Parcel 226FEE)
[20-CA-3910/1657960/1]
Thousand Nine Hundred Fifty-Eight and No/100 Dollars ($23,958.00), for all attorney fees
and costs associated with the acquisition of Parcel 226FEE. Respondent reserves the right to
claim additional attorney fees incurred as a result of apportionment or supplemental proceedings
as authorized pursuant to Section 73.091, Fla. Stat. and Section 73.092, Fla. Stat., in an amount
not to exceed $3,000.
3. Respondents, MARC E. MCCOLLAUM and MONICA MCCOLLAUM, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Six Thousand Four
Hundred Fifty-Five Dollars and No/100 Dollars ($6,455.00), for all expert fees and costs
associated with the acquisition of Parcel 226FEE, 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-Four Thousand Seven
Hundred and No/100 Dollars ($64,700.00), as payment for the acquisition of Parcel 226FEE, 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 deposit the total sum of Sixty Thousand Three Hundred and
No/100 Dollars ($60,300.00), into the Court Registry.
6. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Thirty Thousand Four Hundred Thirteen and
No/100 Dollars ($30,413.00), representing the attorney’s fees and costs referenced above, 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.
16.K.20.a
Packet Pg. 3218 Attachment: P226FEE Le Roux Stip Final Judgment (002)(1) (19969 : Stipulated Final Judgment in the amount taking of Parcel 226FEE)
[20-CA-3910/1657960/1]
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 226FEE 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
June 11, 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 3305 of the Public Records of Collier County, Florida be dismissed as to Parcel
226FEE.
11. 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
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.
12. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
16.K.20.a
Packet Pg. 3219 Attachment: P226FEE Le Roux Stip Final Judgment (002)(1) (19969 : Stipulated Final Judgment in the amount taking of Parcel 226FEE)
[20-CA-3910/1657960/1]
13. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Exhibit “A”
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Packet Pg. 3220 Attachment: P226FEE Le Roux Stip Final Judgment (002)(1) (19969 : Stipulated Final Judgment in the amount taking of Parcel 226FEE)
AERIAL – PARCEL 226FEE
VANDERBILT BEACH RD EXT PROJECT 60168
PARCEL 226FEE
/
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Packet Pg. 3221 Attachment: Aerial - Parcel 226FEE (19969 : Stipulated Final Judgment in the amount taking of Parcel 226FEE)