Agenda 11/09/2021 Item #16K 6 (Stipulated Final Judgement - Parcel 1195RDUE)11/09/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $32,000 plus $13,835 in
statutory attorney and experts’ fees and costs for the taking of Parcel 1195RDUE required for the
Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1195RDUE 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 1195RDUE 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 roadway,
drainage, and utility easement acquisition area consists of a strip taking along the front, westerly boundary
of the property and is approximately 0.052 acres in extent. The parent tract is improved with a single -
family home owned by Chad & Carol Nimnuan and contains 2.81 acres of gross land area and will remain
the same after the acquisition of the permanent RDUE. The original parent tract less the RDUE totals
2.758 acres. An aerial photograph of the subject property is attached. The property owners’ appraiser
valued the parcel at $65,500. The County’s appraiser estimated full compensation at $10,000 including
severance damages. The parties conducted informal negotiations and reached an agreement. The attached
Stipulated Final Judgment reflects a negotiated compensation amount of $32,000 plus $7,557 in statutory
attorney’s fees and $6,278 in expert fees and costs, for a total of $45,835.
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 $10,000 for its deposit of the good faith
estimate of value. Funds for the balance of $36,005, 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. P1195RDUE Stip Final Judgment(1)(1) (DOCX)
2. Aerial Depiction 1195RDUE (PDF)
16.K.6
Packet Pg. 1803
11/09/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Doc ID: 20530
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$32,000 plus $13,835 in statutory attorney and experts’ fees and costs for the taking of Parcel 1195RDUE
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 9:51 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
11/02/2021 9:51 AM
Approved By:
Review:
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 11/02/2021 9:57 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 11/02/2021 10:30 AM
Transportation Engineering Michelle Sweet Additional Reviewer Completed 11/02/2021 10:35 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 3:58 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/02/2021 4:01 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 11/03/2021 8:08 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 10:48 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 11/09/2021 9:00 AM
16.K.6
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[20-CA-3649/1678718/1]
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-3649
v. Parcel 1195RDUE
CHRISTOPHER M. FENSTERMAKER; ANNETTE
M. FENSTERMAKER; DORIS A. TULIS; MARK W.
STERN; SARA K. STERN; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC; CHAD NIMNUAN;
CAROL NIMNUAN; BAMBI JO PENCE, AS SUCCESSOR
TRUSTEE OF THE VIRGINIA HOLT REVOCABLE
TRUST AGREEMENT DATED DECEMBER 17, 1992
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1195RDUE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, CHAD
NIMNUAN AND CAROL NIMNUAN, by and through undersigned counsel, hereby respectfully
move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel 1195RDUE
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 RESPONDENTS
john@jmleroux.com
pleadings@jmleroux.com
16.K.6.a
Packet Pg. 1805 Attachment: P1195RDUE Stip Final Judgment(1)(1) (20530 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel
[20-CA-3649/1678718/1]
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.6.a
Packet Pg. 1806 Attachment: P1195RDUE Stip Final Judgment(1)(1) (20530 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel
[20-CA-3649/1678718/1]
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-3649
v. Parcel 1195RDUE
CHRISTOPHER M. FENSTERMAKER; ANNETTE
M. FENSTERMAKER; DORIS A. TULIS; MARK W.
STERN; SARA K. STERN; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC; CHAD NIMNUAN;
CAROL NIMNUAN; BAMBI JO PENCE, AS SUCCESSOR
TRUSTEE OF THE VIRGINIA HOLT REVOCABLE
TRUST AGREEMENT DATED DECEMBER 17, 1992
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1195RDUE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, CHAD NIMNUAN AND CAROL
NIMNUAN, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel
1195RDUE 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, CHAD NIMNUAN AND CAROL NIMNUAN, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Thirty-Two Thousand and
No/100 Dollars ($32,000.00), for Parcel 1195RDUE, as full payment for the property interest
taken, in connection with said parcel.
16.K.6.a
Packet Pg. 1807 Attachment: P1195RDUE Stip Final Judgment(1)(1) (20530 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel
[20-CA-3649/1678718/1]
2. Respondent, CHAD NIMNUAN AND CAROL NIMNUAN, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Seven Thousand Five Hundred
Fifty-Seven and No/100 Dollars ($7,557.00), for all attorney fees and costs associated with the
acquisition of Parcel 1195RDUE.
3. Respondent, CHAD NIMNUAN AND CAROL NIMNUAN, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Six Thousand Two Hundred
Seventy-Eight Dollars and No/100 Dollars ($6,278.00), for all expert fees and costs associated
with the acquisition of Parcel 1195RDUE, 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 Ten Thousand and No/100 Dollars
($10,000.00), as payment for the acquisition of Parcel 1195RDUE, 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 Twenty-Two Thousand and No/100 Dollars
($22,000.00), as payment for acquisition of Parcel 1195RDUE, by issuing a check to CHAD
NIMNUAN AND CAROL NIMNUAN. The check shall be mailed to John M. LeRoux, Law
Offices of John M. LeRoux, P.A., 3090 Charles Ave #200, Clearwater, FL 33761.
6. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Thirteen Thousand Eight Hundred Thirty-
Five and No/100 Dollars ($13,835.00), representing the attorney’s fees, costs, and expert fees, by
issuing a check to John M. LeRoux Trust Account, and mailing the check to John M. LeRoux,
Law Offices of John M. LeRoux, P.A., 3090 Charles Ave #200, Clearwater, FL 33761.
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-
16.K.6.a
Packet Pg. 1808 Attachment: P1195RDUE Stip Final Judgment(1)(1) (20530 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel
[20-CA-3649/1678718/1]
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 1195RDUE that
have or could have been asserted in this cause.
9. A perpetual non-exclusive road right-of-way, drainage and utility easement, being
fully described in Exhibit “A” attached hereto and incorporated herein, which vested in Petitioner
pursuant to the Order of Taking dated May 25, 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
5847, Page 3285 of the Public Records of Collier County, Florida be dismissed as to Parcel
1195RDUE.
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.6.a
Packet Pg. 1809 Attachment: P1195RDUE Stip Final Judgment(1)(1) (20530 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel
AERIAL – PARCEL 1195RDUE (Vanderbilt Beach Rd. Ext. Project No. 60168) / EXISTING RIGHT-OF-WAY EXISTING RIGHT-OF-WAY PARCEL 1195RDUE 16.K.6.bPacket Pg. 1810Attachment: Aerial Depiction 1195RDUE (20530 : Recommendation to approve a Stipulated Final