Agenda 10/12/2021 Item #16K4 (Final Judgement - VB Ext. Project)10/12/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $330,000 plus
$55,358.75 in statutory attorneys’ fees and costs and expert fees and costs, for the taking of Parcel
215FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168, and
delegate authority to the County Manager or his designee to process payment of additional
statutory attorney’s fees for supplemental proceedings, if any, as authorized by Ch. 73, Fla. Stat.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 215FEE required for the
construction of Vanderbilt Beach Road, Project 60168.
CONSIDERATIONS: On September 22, 2020, the Board authorized, via Resolution No. 2020-175, the
condemnation of Parcel 215FEE for the construction of roadway, drainage and utility improvements
required for the expansion and extension of Vanderbilt Beach Road from Collier Blvd. to east of 16th
Street NE, and Massey Street from Vanderbilt Beach Road to south of Mockingbird Dr. The fee simple
acquisition area consists of a strip taking along the rear, southerly boundary of the property and is
approximately 36,431 square feet (0.84 acres) in size. The parent tract is owned by Mitchell S. Rossell
and Monica P. Nowlyn and contains 5.0 acres of gross land area, which will be reduced to 4.16 acres after
the acquisition. An aerial photograph of the subject property is attached to this item for reference. T he
property owners’ appraiser valued the parcel at $498,600. The County’s appraiser estimated full
compensation at $219,800 including severance damages. After an internal review by the Transportation
Engineering Division, this amount was adjusted to $243,000 to account for increases in property prices
since the date of the appraisal, including severance damages. The parties participated in Mediation on
September 20, 2021 and reached an agreement. The agreement settles all claims, including potential
business damages claims for three (3) businesses operating on the property. The attached Stipulated Final
Judgment reflects a negotiated compensation amount of $330,000, plus $46,761 in statutory attorneys’
fees and costs and $8,597.75 in expert fees and costs, for a total of $385,358.75.
Pursuant to Ch. 73, Fla. Stat., Respondent is entitled to additional attorney’s fees for supplemental
proceedings, if any, including disbursement and apportionment proceedings. This Executive Summary
authorizes the County Manager or his designee to process payment of additional statutory attorney’s fees
for supplemental proceedings, if any, pursuant to Sections 73.091 and 73.092, Fla. Stat., but not to exceed
$7,000.
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 $219,800 based on its deposit of the good faith
estimate of value. Funds for the balance of $165,728.75, 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 and delegate authority to the County Manager or his
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10/12/2021
designee to process payment of additional statutory attorney’s fees for supplemental proceedings, if any,
as authorized by Ch. 73, Fla. Stat., but not to exceed $7,000.
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering
Division, Growth Management Department
ATTACHMENT(S)
1. FINAL P215FEE - Le Roux Stip Final Judgment (002) (DOCX)
2. Aerial - Parcel 215FEE (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doc ID: 20256
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of
$330,000 plus $55,358.75 in statutory attorneys’ fees and costs and expert fees and costs, for the taking of
Parcel 215FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168, and
delegate authority to the County Manager or his designee to process payment of additional statutory
attorney’s fees for supplemental proceedings, if any, as authorized by Ch. 73, Fla. Stat.
Meeting Date: 10/12/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Jessica Hayes
10/04/2021 3:14 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
10/04/2021 3:14 PM
Approved By:
Review:
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 10/04/2021 3:19 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 10/04/2021 4:16 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 10/04/2021 4:53 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 10/05/2021 2:20 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 10/05/2021 2:23 PM
Growth Management Department Trinity Scott Additional Reviewer Completed 10/06/2021 2:11 PM
Growth Management Department Jeanne Marcella Additional Reviewer Completed 10/06/2021 2:18 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/06/2021 3:08 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/06/2021 3:29 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 10/06/2021 3:42 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 10/06/2021 4:12 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 10/12/2021 9:00 AM
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[20-CA-3910/1671691/1]
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: 215FEE
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 215FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, MITCHELL S.
ROSSELL AND MONICA P. NOWLYN, by and through undersigned counsel, hereby
respectfully move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel
215FEE 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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[20-CA-3910/1671691/1]
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 October
2021.
By:________________________
SALLY A. ASHKAR, ESQ.
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Packet Pg. 1251 Attachment: FINAL P215FEE - Le Roux Stip Final Judgment (002) (20256 : Stipulated Final Judgment for the taking of Parcel 215FEE)
[20-CA-3910/1671691/1]
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: 215FEE
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 215FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, MITCHELL S. ROSSELL AND MONICA
P. NOWLYN, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel
215FEE 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, MITCHELL S. ROSSELL AND MONICA P. NOWLYN, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Three Hundred
Thirty Thousand and No/100 Dollars ($330,000.00) for Parcel 215FEE, as full payment for the
property interest taken, in connection with said parcel.
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2. Respondents, MITCHELL S. ROSSELL AND MONICA P. NOWLYN, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Forty-Six Thousand
Seven Hundred Sixty-One and No/100 Dollars ($46,761.00), for all attorney fees and costs
associated with the acquisition of Parcel 215FEE. Supplemental attorney’s fee in an amount not to
exceed $7,000 may be awarded, in compliance with F.S.73.092.
3. Respondents, MITCHELL S. ROSSELL AND MONICA P. NOWLYN, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Eight Thousand Five
Hundred Ninety-Seven Dollars and 75/100 Dollars ($8,597.75), for all expert fees and costs
associated with the acquisition of Parcel 215FEE, 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 Two Hundred Nineteen Thousand
Eight Hundred and No/100 Dollars ($219,800.00), as payment for the acquisition of Parcel
215FEE, 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 payable to Law Offices of John M. LeRoux, P.A. Trust
Account, in the amount of One Hundred Ten Thousand Two Hundred and No/100 Dollars
($110,200.00), as payment for acquisition of Parcel 215FEE, subject to apportionment, if any and
mailing said check to Law Offices of John M. LeRoux, P.A., 3090 Charles Ave #200, Clearwater,
FL 33761.
6. Upon deposit of the above funds into Trust, counsel for Respondents, MITCHELL
S. ROSSELL AND MONICA P. NOWLYN, is directed to issue a check payable to JPMORGAN
CHASE BANK, N.A., in the amount of FORTY-SEVEN THOUSAND THREE HUNDRED
EIGHTY-SIX AND 00/100 DOLLARS ($47,386.00) and deliver said check by U.S. Mail to Ileen
J. Cantor, Esquire, with Logs Legal Group, LLP, 2424 N. Federal Highway, Suite 360, Boca
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Packet Pg. 1253 Attachment: FINAL P215FEE - Le Roux Stip Final Judgment (002) (20256 : Stipulated Final Judgment for the taking of Parcel 215FEE)
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Raton, Florida 33431. Said payment shall be applied consistent with the terms of the subject
mortgage. The remainder balance of SIXTY-TWO THOUSAND EIGHT HUNDRED
FOURTEEN AND 00/100 DOLLARS ($62,814.00) shall be paid to Respondents, MITCHELL S.
ROSSELL AND MONICA P. NOWLYN.
7. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Fifty-Five Thousand Three Hundred Fifty-
Eight and 75/100 Dollars ($55,358.75), representing the attorney’s fees, costs, and expert fees,
by issuing a check payable to Law Offices of John M. LeRoux, P.A. Trust Account, and mailing
said check to Law Offices of John M. LeRoux, P.A., 3090 Charles Ave #200, Clearwater, FL
33761.
8. 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.
9. 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.
10. 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.
11. This Order disposes of all claims arising out of the taking of Parcel 215FEE that
have or could have been asserted in this cause, including any and all business claims and/or
business damages claims that have been, or could have been, asserted.
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12. A fee simple taking, being fully described in Exhibit “A” attached hereto and
incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated June 11,
2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
13. 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
215FEE.
14. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment and award any supplemental attorney’s fees.
15. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Exhibit “A”
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Packet Pg. 1255 Attachment: FINAL P215FEE - Le Roux Stip Final Judgment (002) (20256 : Stipulated Final Judgment for the taking of Parcel 215FEE)
AERIAL – PARCEL 215FEE
VANDERBILT BEACH RD EXT PROJECT 60168
PARCEL 215FEE
/
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Packet Pg. 1256 Attachment: Aerial - Parcel 215FEE (20256 : Stipulated Final Judgment for the taking of Parcel 215FEE)