Agenda 11/09/2021 Item #16K 5 (Stipulated Final Judgement - Parcel 1208FEE)11/09/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $120,000 plus $27,573
in statutory attorney and experts’ fees and costs for the taking of Parcel 1208FEE required for the
Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1208FEE 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 1208FEE 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 0.34 acres in extent. The parent tract is improved with a single-family home owned by
Monica Hanson and contains 2.27 acres of gross land area, which will be reduced to 1.93 acres after the
acquisition. An aerial photograph of the subject property is attached. The property owners’ appraiser
valued the parcel at $191,300. The County’s appraiser estimated full compensation at $85,500 including
severance damages. The parties participated in mediation and reached an agreement. The attached
Stipulated Final Judgment reflects a negotiated compensation amount of $120,000 plus $19,833 in
statutory attorney’s fees and $7,740 in expert fees and costs, for a total of $147,573.
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 $78,600 for its deposit of the good faith
estimate of value. Funds for the balance of $69,143, 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. P1208FEE Le Roux Stip Final Judgment(1) (DOCX)
2. Aerial Depiction 1208FEE (PDF)
16.K.5
Packet Pg. 1795
11/09/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doc ID: 20529
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$120,000 plus $27,573 in statutory attorney and experts’ fees and costs for the taking of Parcel 1208FEE
required for the Vanderbilt Beach Road Extension Project No. 60168.
Meeting Date: 11/09/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Jessica Hayes
11/02/2021 9:39 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
11/02/2021 9:39 AM
Approved By:
Review:
Transportation Engineering Michelle Sweet Additional Reviewer Completed 11/02/2021 9:43 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 11/02/2021 9:43 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 11/02/2021 9:44 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 11/02/2021 10:53 AM
Growth Management Department Trinity Scott Additional Reviewer Completed 11/02/2021 11:08 AM
Capital Project Planning, Impact Fees, and Program Management Ian Barnwell Additional Reviewer Completed 11/02/2021 3:56 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/02/2021 4:03 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 11/03/2021 8:12 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/03/2021 8:50 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 11/03/2021 10:49 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 11/09/2021 9:00 AM
16.K.5
Packet Pg. 1796
[21-CA-511/1678588/1]
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.: 21-CA-511
v. Parcel 1208FEE
RAMON BETANCOURT; ANNA M. BETANCOURT;
MARIA MAGDELENA HERNANDEZ; ANAELIS
BETANCOURT; JP MORGAN CHASE BANK, NA;
STEPHEN KWAN MUI; ADELE MUI; BANK OF
AMERICA NA Successor in interest to Countrywide
Home Loans Servicing; LINDA J. RODGERS; SCOTT
MCGILLIS; TRINA MCGILLIS; TLOA OF FLORIDA,
LLC; MONICA HANSON; WELLS FARGO BANK, NA
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1208FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, MONICA
HANSON, by and through undersigned counsel, hereby respectfully move this Court for the entry
of the foregoing Stipulated Final Judgment as to Parcel 1208FEE 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
MONICA HANSON
john@jmleroux.com
pleadings@jmleroux.com
16.K.5.a
Packet Pg. 1797 Attachment: P1208FEE Le Roux Stip Final Judgment(1) (20529 : Recommendation to approve a Stipulated Final Judgment for the taking of
[21-CA-511/1678588/1]
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
November 2021.
By:________________________
SALLY A. ASHKAR, ESQ.
16.K.5.a
Packet Pg. 1798 Attachment: P1208FEE Le Roux Stip Final Judgment(1) (20529 : Recommendation to approve a Stipulated Final Judgment for the taking of
[21-CA-511/1678588/1]
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.: 21-CA-511
v. Parcel 1208FEE
RAMON BETANCOURT; ANNA M. BETANCOURT;
MARIA MAGDELENA HERNANDEZ; ANAELIS
BETANCOURT; JP MORGAN CHASE BANK, NA;
STEPHEN KWAN MUI; ADELE MUI; BANK OF
AMERICA NA Successor in interest to Countrywide
Home Loans Servicing; LINDA J. RODGERS; SCOTT
MCGILLIS; TRINA MCGILLIS; TLOA OF FLORIDA,
LLC; MONICA HANSON; WELLS FARGO BANK, NA
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1208FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, MONICA HANSON, by and through counsel,
for the entry of a Stipulated Final Judgment as to Parcel 1208FEE 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, MONICA HANSON, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of One Hundred Twenty Thousand and No/100 Dollars
($120,000.00) for Parcel 1208FEE, as full payment for the property interest taken, including any
business damages, in connection with said parcel.
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Packet Pg. 1799 Attachment: P1208FEE Le Roux Stip Final Judgment(1) (20529 : Recommendation to approve a Stipulated Final Judgment for the taking of
[21-CA-511/1678588/1]
2. Respondent, MONICA HANSON, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Nineteen Thousand Eight Hundred Thirty-Three and
No/100 Dollars ($19,833.00), for all attorney fees and costs associated with the acquisition of
Parcel 1208FEE, and no other attorney fees or costs shall be paid in this matter.
3. Respondent, MONICA HANSON, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Seven Thousand Seven Hundred Forty Dollars and
No/100 Dollars ($7,740.00), for all expert fees and costs associated with the acquisition of Parcel
1208FEE, 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 Seventy-Eight Thousand Six
Hundred and No/100 Dollars ($78,600.00), as payment for the acquisition of Parcel 1208FEE,
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-Eight Thousand Nine Hundred Seventy-
Three and No/100 Dollars ($68,973.00), to Respondent, MONICA HANSON, by issuing a check
payable to John M. LeRoux Trust Account, and mailing it to John M. LeRoux, Esq., 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. 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
16.K.5.a
Packet Pg. 1800 Attachment: P1208FEE Le Roux Stip Final Judgment(1) (20529 : Recommendation to approve a Stipulated Final Judgment for the taking of
[21-CA-511/1678588/1]
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.
8. This Order disposes of all claims arising out of the taking of Parcel 1208FEE 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
August 3, 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
5897, Page 2682 of the Public Records of Collier County, Florida be dismissed as to Parcel
1208FEE.
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.
DONE AND ORDERED in Chambers, Naples, Collier County, Florida, on this ____ day
of ____________, 2021.
_____________________________________
THE HONORABLE ELIZABETH V. KRIER
Circuit Court Judge
Exhibit “A”
16.K.5.a
Packet Pg. 1801 Attachment: P1208FEE Le Roux Stip Final Judgment(1) (20529 : Recommendation to approve a Stipulated Final Judgment for the taking of
AERIAL – PARCEL 1208FEE
(Vanderbilt Beach Rd. Ext. Project No. 60168)
/
PARCEL 1208FEE
16.K.5.b
Packet Pg. 1802 Attachment: Aerial Depiction 1208FEE (20529 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel 1208FEE)