Agenda 12/14/2021 Item #16K12 (Stipulated Final Fudgment for Parcel 1132FEE - VBR Ext.)12/14/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $125,000 plus $30,222
in statutory attorney and experts' fees and costs for the taking of Parcel 1132FEE required for the
Vanderbilt Beach Road Extension Project No. 60168.
OBJECTIVE: To settle full compensation for the taking of Parcel 1132FEE 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 1132FEE 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 16tn
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 owned by 461 10' Avenue NE Trust 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 County's appraiser estimated full compensation at
$87,500 including severance damages. The property owner's initial demand was $189,400 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 $23,397
in statutory attorney's fees and $6,825 in expert fees and costs, for a total of $155,222.
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 $78,100 for its deposit of the good faith
estimate of value. Funds for the balance of $77,292, 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. FINAL - P 1132FEE Le Roux Stip Final Judgment (DOCX)
2. Aerial -Parcel 1132FEE (PDF)
Packet Pg. 2786
16.K.12
12/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.12
Doe ID: 20764
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$125,000 plus $30,222 in statutory attorney and experts' fees and costs for the taking of Parcel 1132FEE
required for the Vanderbilt Beach Road Extension Project No. 60168.
Meeting Date: 12/14/2021
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Wanda Rodriguez
12/06/2021 3:31 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
12/06/2021 3:31 PM
Approved By:
Review:
Transportation Engineering
Robert Bosch
Additional Reviewer
Growth Management Department
Lisa Taylor
Additional Reviewer
Growth Management Department
Trinity Scott
Additional Reviewer
Capital Project Planning, Impact Fees, and Program Management
Ian Barnwell
Transportation Engineering
Jay Ahmad
Additional Reviewer
County Attorney's Office
Sally Ashkar
Level 2 Attorney Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Growth Management Operations Support
Christopher Johnson
County Manager's Office
Amy Patterson
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Completed
12/06/2021 3:46 PM
Completed
12/06/2021 4:02 PM
Completed
12/06/2021 4:06 PM
Additional Reviewer Completed
Completed
12/07/2021 7:27 AM
Completed
12/07/2021 12:02 PM
Completed
12/07/2021 12:11 PM
Completed
12/07/2021 1:16 PM
Additional Reviewer Completed
Completed
12/07/2021 2:20 PM
12/14/2021 9:00 AM
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16.K.12.a
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,
V.
Case No.: 21-CA-674
Parcel 1132FEE
BARBARA F. JONES, AS TRUSTEE OF THE BARBARA
F. JONES TR UST A GREEMENT, DATED NOVEMBER 15, 1995;
RHONDA R. CLARKE; JOHN C. CLARKE; NAVY FEDERAL
CREDIT UNION; UNITED STATES SMALL BUSINESS
ADMINISTRATION; 461 LOTH AVE NE TRUST; NANCY
MCGINNIS, as Trustee; BANK OF AMERICA, N.A.;
ODALYS MARTINEZ, MADDIEL MARTINEZ,
SUNCOAST SCHOOLS FEDERAL CREDIT UNION,
STEVEN ASTLEY; AMANDA ASTLEY; MORTGAGE E
ELECTRONIC REGISTRATION SYSTEMS, INC;
Respondents.
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1132FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, 461 LOTH AVE
NE TRUST; NANCY MCGINNIS, as Trustee, by and through undersigned counsel, hereby
respectfully move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel
1132FEE 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
S ally. Ashkar&colliercountyfl.gov
Sheri.Malcolm(acolliercountyfl. gov
Is/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
pleadin gs(a,j mleroux. com
[2 1 -CA-674/1684291/1 ]
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16.K.12.a
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
December 2021.
LE
SALLY A. ASHKAR, ESQ
[21-ca-674/1684291/1] Packet Pg. 2789
16.K.12.a
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-674
V. Parcel 1132FEE
BARBARA F. JONES, AS TRUSTEE OF THE BARBARA
F. JONES TR UST A GREEMENT, DATED NOVEMBER 15, 1995;
RHONDA R. CLARKE; JOHN C. CLARKE; NAVY FEDERAL
CREDIT UNION; UNITED STATES SMALL BUSINESS
ADMINISTRATION; 461 LOTH AVE NE TRUST; NANCY
MCGINNIS, as Trustee; BANK OF AMERICA, N.A.;
ODALYS MARTINEZ, MADDIEL MARTINEZ,
SUNCOAST SCHOOLS FEDERAL CREDIT UNION,
STEVEN ASTLEY; AMANDA ASTLEY; MORTGAGE E
ELECTRONIC REGISTRATION SYSTEMS, INC;
Respondents.
STIPULATED FINAL JUDGMENT AS TO PARCEL 1132FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, 461 LOTH AVE NE TRUST; NANCY
MCGINNIS, as Trustee, by and through counsel, for the entry of a Stipulated Final Judgment as
to Parcel 1132FEE 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, 461 10TH AVE NE TRUST; NANCY MCGINNIS, as Trustee, 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 1132FEE, as full payment
for the property interest taken, including any and all business damages, in connection with said
parcel.
[21-ca-674/1684291/1] Packet Pg. 2790
16.K.12.a
2. Respondent, 461 10TH AVE NE TRUST; NANCY MCGINNIS, as Trustee, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Twenty -Three
Thousand Three Hundred Ninety -Seven and No/100 Dollars ($23,397.00), for all attorney fees
and costs associated with the acquisition of Parcel 1132FEE.
3. Respondent, 461 10TH AVE NE TRUST; NANCY MCGINNIS, as Trustee, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Six Thousand Eight
Hundred Twenty -Five Dollars and No/100 Dollars ($6,825.00), for all expert fees and costs
associated with the acquisition of Parcel 1132FEE, 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 One
Hundred and No/100 Dollars ($78,100.00), as payment for the acquisition of Parcel 1132FEE,
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 Seventy -Seven Thousand One Hundred
Twenty -Two and No/100 Dollars ($77,122.00), by issuing a check to Law Offices of John M.
LeRoux, P.A., Trust Account, and mailing the check to 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 shall
[2 1 -CA-674/168429 1/1 ] Packet Pg. 2791
16.K.12.a
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 1132FEE 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 Order of Taking dated August 13,
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
5905, Page 2161 of the Public Records of Collier County, Florida be dismissed as to Parcel
1132FEE.
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 LAUREN L. BRODIE
Circuit Court Judge
Exhibit "A"
LEGAL DESCRIPTION FOR PARCEL 1 132 FEE 0 1 1 1 1 5 14, 0 Z
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A PORTION OF TRACT 74, GOLDEN GATE ESTATES UNIT 18, AS RECORDED IN PLAT 800K �7, .�ilji RU4eiic d
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 34. TOWNSHIP 48 SOUTH, RANGE 7 , COL R Q- : E
COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: `53
THE NORTH 1OO FEET OF THE WEST 150 FEET OF SAID TRACT 74. U) �� Q
CONTAINING 15,000 SQUARE FEET, MORE OR LESS. �U)r
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[21-CA-674/1684291/1] Packet Pg. 2792
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[21-ca-674/1684291/1] Packet Pg. 2793
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VANDERBILT BEACH ROAD EXTENSION
PROJECT 60168 - PARCEL 1132FEE
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PARCEL 1132FEE
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