Agenda 12/14/2021 Item #16K14 (Stipulated Final Judgment for Parcel 115Fee - VBR Ext.)12/14/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $115,000 plus
$29,946 in statutory attorney and experts' fees and costs for the taking of Parcel 115FEE, 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 115FEE 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 115FEE 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, northerly boundary of the property and is
approximately 0.52 acres in extent. The parent tract is improved with a single-family home owned by
Robert and Darlene Spano and contains 2.86 acres or gross land area, which will be reduced to 2.34 acres
after the acquisition. An aerial photograph of the subject property is attached to this item for reference.
The property owners' appraiser valued the parcel at $181,000, including severance damages. The
County's appraiser estimated full compensation at $60,300, without severance damages, which was
adjusted to $65,530 by the Transportation Engineering Division to account for increases in property
prices since the date of the appraisal. The parties participated in mediation and reached an agreement. The
attached Stipulated Final Judgment reflects a negotiated compensation amount of $115,000, plus $23,232
in statutory attorneys' fees and $6,714 in expert fees and costs, for a total of $144,946.
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
$3,500.
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 $60,300 based on its deposit of the good faith
estimate of value. Funds for the balance of $84,816, 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
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 $3,500.
Packet Pg. 2805
12/14/2021
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering
Division, Growth Management Department
ATTACHMENT(S)
1. P115FEE - Stip Final Judgment (DOCX)
2. Aerial - Parcel 115FEE (PDF)
Packet Pg. 2806
16.K.14
12/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.14
Doe ID: 20766
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of
$115,000 plus $29,946 in statutory attorney and experts' fees and costs for the taking of Parcel 115FEE,
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: 12/14/2021
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Wanda Rodriguez
12/06/2021 3:51 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
12/06/2021 3:51 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 3:57 PM
Completed 12/06/2021 4:01 PM
Completed 12/06/2021 4:07 PM
Additional Reviewer Completed
Completed 12/07/2021 7:30 AM
Completed 12/07/2021 12:03 PM
Completed 12/07/2021 12:05 PM
Completed 12/07/2021 1:16 PM
Additional Reviewer Completed
Completed 12/07/2021 2:19 PM
12/14/2021 9:00 AM
Packet Pg. 2807
16.K.14.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.: 20-CA-4066
V. Parcels: 115FEE
ROBERT SPANO; DARLENE SPANO; SUNCOAST
CREDIT UNION; SENTINEL STORM PROTECTION,
GREG TARAS; JAMI PEARL TORRELLA; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC, BRIGHTSUN
INVESTMENTS, LLC; FIRST NATIONAL BANK OF SOUTH MIAMI,
ALAMO INVESTMENT PROPERTIES LLC
Respondents.
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 115FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, ROBERT
SPANO AND DARLENE SPANO, by and through undersigned counsel, hereby respectfully
move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel 115FEE
attached hereto as Exhibit 111".
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&colliercoun . fl. _ ov
Sheri.Malcolmgcolliercountyfl. gov
Is/JOHNM. 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(a,j mleroux. com
[20-CA-4066/1682169/1 ]
Packet Pg. 2808
16.K.14.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
[20-CA-4066/1682169/1] Packet Pg. 2809
16.K.14.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.: 20-CA-4066
V. Parcels: 115FEE
ROBERT SPANO; DARLENE SPANO; SUNCOAST
CREDIT UNION; SENTINEL STORM PROTECTION,
GREG TARAS; JAMI PEARL TORRELLA; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC; BRIGHTSUN
INVESTMENTS, LLC; FIRST NATIONAL BANK OF SOUTH MIAMI;
ALAMO INVESTMENT PROPERTIES LLC
Respondents.
STIPULATED FINAL JUDGMENT AS TO PARCEL 115FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, ROBERT SPANO AND DARLENE
SPANO, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel I I5FEE
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, ROBERT SPANO AND DARLENE SPANO, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Hundred Fifteen Thousand
and No/100 Dollars ($115,000.00) for Parcel 115FEE, as full payment for the property interest
taken, in connection with said parcel, subject to apportionment, if any.
2. Respondents, ROBERT SPANO AND DARLENE SPANO, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Twenty -Three Thousand Two
Hundred Thirty -Two and No/100 Dollars ($23,232.00), for all attorney fees and costs associated
with the acquisition of Parcel 115FEE. Supplemental attorney's fee in an amount not to exceed
$3,500.00 may be awarded, in compliance with F.S.73.092
[20-CA-4066/1682169/1] Packet Pg. 2810
16.K.14.a
3. Respondents, ROBERT SPANO AND DARLENE SPANO, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Six Thousand Seven Hundred
Fourteen Dollars and No/100 Dollars ($6,714.00), for all expert fees and costs associated with
the acquisition of Parcel I I5FEE, 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 Thousand Three Hundred
and No/100 Dollars ($60,300.00), as payment for the acquisition of Parcel 115FEE, 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 -Nine Thousand Nine Hundred Forty -
Six and No/100 Dollars ($29,946.00), representing the attorney's fees, expert fees, and costs for
acquisition of Parcel I I5FEE, by issuing a check made payable to John M. LeRoux Trust Account,
and mailing the check to 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 Fifty -Four Thousand Seven Hundred and
No/100 Dollars ($54,700.00), as payment for the acquisition of Parcel 115FEE, subject to
apportionment, if any, by issuing a check made payable to John M. LeRoux Trust Account, and
mailing the check to 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-
laning of Vanderbilt Beach Road (VBR). No additional compensation shall be due to Respondent
for the widening of VBR up to 6-lanes.
[20-CA-4066/1682169/1] Packet Pg. 2811
16.K.14.a
8. This Order disposes of all claims arising out of the taking of Parcel 115FEE 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
5868, Page 1162 of the Public Records of Collier County, Florida be dismissed as to Parcel
115FEE.
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"
LEGAL DESCRIPTION (PARCEL 115 FEE)
A PORTION OF TRACT 81. GOLDEN GATE ESTATES UNIT 3, AS RECORDED IN PLAT BOOK 4, PAGE 77. OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 2. TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 1. % . ' ' ' r " �
,• cr�el.q. •.
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 81; ' ,.•• • •. • �.
THENCE N.60155'06"E., ALONG THE NORTH LINE OF SAID TRACT 81, FOR 165.05 FEET 5 tkwTaYK .*��
THE WEST 165 FEET OF SAID TRACT 81; Q
THENCE S.00'27'19"E., ALONG SAID EAST LINE. FOR 138.37 FEET; •:
THENCE S.89'55.31-W., FOR 165.05 FEET TO A POINT ON THE WEST LINE OF SAID -TRACT 81; ���e
114ENCE N-nn27'24"W_, ALONC SAID WEST LINE. FOR 138.35 FEET TO THE POINT 0F�EVINNIN
PARCEL DESCRIBED HEREIN. F �. L
CONTAINING 22,836 SQUARE FEET, MORE OR LESS. +�'� Of F10C� �0
� BEARINGS ARE BASED ON STATE PLANE COORDINATES. FLORIDA EAST ZONE. ��dd.andSV ,•`
IA'. ..++
[20-CA-4066/1682169/1] Packet Pg. 2812
16.K.14.b
VANDERBILT BEACH ROAD EXTENSION
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Packet Pg. 2813