Agenda 01/11/2022 Item #16K 6 (Stipulated Final Judgement for the taking of parcels for the VBR Ext. Project)01/11/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $110,000 plus
$21,767.50 in statutory attorney and experts’ fees and costs for the taking of Parcel 220FEE,
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 220FEE 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 220FEE 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 0.36 acres in extent. The parent tract is improved with a single-family home owned by
Robert Greenling and contains 2.27 acres or gross land area, which will be reduced to 1.91 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 $172,600, including severance damages. The County’s
appraiser estimated full compensation at $75,600, including severance damages. The parties participated
in mediation and reached an agreement. The attached Stipulated Final Judgment reflects a negotiated
compensation amount of $110,000, plus $14,767.50 in statutory attorneys’ fees and $7,000 in expert fees
and costs, for a total of $131,767.50.
Pursuant to Ch. 73, Fla. Stat., Respondent is entitled to additional attorney’s fees f or 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
$5,000.
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 $65,600 based on its deposit of the good faith
estimate of value. Funds for the balance of $66,337.50, which includes the Clerk’s $170.00 deposit fee,
plus additional statutory attorney's fees for supplemental proceedings not to exceed $5,000 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 $5,000.
16.K.6
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01/11/2022
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering
Division, Growth Management Department
ATTACHMENT(S)
1. P220FEE Joint Motion Stip Final Judgment(1) (DOCX)
2. Aerial - Parcel 220FEE (PDF)
16.K.6
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01/11/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Doc ID: 20963
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of
$110,000 plus $21,767.50 in statutory attorney and experts’ fees and costs for the taking of Parcel
220FEE, 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: 01/11/2022
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
01/04/2022 4:43 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
01/04/2022 4:43 PM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 01/05/2022 7:12 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 01/05/2022 7:32 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 01/05/2022 9:05 AM
Capital Project Planning, Impact Fees, and Program Management Ian Barnwell Additional Reviewer Completed 01/05/2022 9:18 AM
Growth Management Department Trinity Scott Additional Reviewer Completed 01/05/2022 10:58 AM
County Attorney's Office Sally Ashkar Additional Reviewer Completed 01/05/2022 11:15 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/05/2022 11:25 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 01/05/2022 12:21 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/05/2022 1:57 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 01/05/2022 2:01 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/11/2022 9:00 AM
16.K.6
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[21-CA-658/1687675/1]
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-658
v. Parcel 220FEE
DORIS L. BENDER, TRUSTEE OF THE GEORGE BENDER
REVOCABLE TRUST AGREEMENT DATED OCTOBER 23, 1997;
GERALD W. MCCOLLUM; SYBLE W. MCCOLLUM; RICHARD
L. VANDERHORST; LESLIE K. VANDERHORST; DANIEL
D. GOTTWALD; PATSY L. GOTTWALD; NEW RESIDENTIAL
MORTGAGE, LLC; ROBERT J. GREENLING, JR; SUNCOAST
SCHOOLS FEDERAL CREDIT UNION; DISCOVER BANK
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 220FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, ROBERT J.
GREENLING, JR, by and through undersigned counsel, hereby respectfully move this Court for
the entry of the foregoing Stipulated Final Judgment as to Parcel 220FEE 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
16.K.6.a
Packet Pg. 1272 Attachment: P220FEE Joint Motion Stip Final Judgment(1) (20963 : Approve a settlement in the amount of $110,000 plus $21,767.50 in
[21-CA-658/1687675/1]
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 January
2022.
By:________________________
SALLY A. ASHKAR, ESQ.
16.K.6.a
Packet Pg. 1273 Attachment: P220FEE Joint Motion Stip Final Judgment(1) (20963 : Approve a settlement in the amount of $110,000 plus $21,767.50 in
[21-CA-658/1687675/1]
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-658
v. Parcel 220FEE
DORIS L. BENDER, TRUSTEE OF THE GEORGE BENDER
REVOCABLE TRUST AGREEMENT DATED OCTOBER 23, 1997;
GERALD W. MCCOLLUM; SYBLE W. MCCOLLUM; RICHARD
L. VANDERHORST; LESLIE K. VANDERHORST; DANIEL
D. GOTTWALD; PATSY L. GOTTWALD; NEW RESIDENTIAL
MORTGAGE, LLC; ROBERT J. GREENLING, JR; SUNCOAST
SCHOOLS FEDERAL CREDIT UNION; DISCOVER BANK
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 220FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, ROBERT J. GREENLING, JR, by and
through counsel, for the entry of a Stipulated Final Judgment as to Parcel 220FEE 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, ROBERT J. GREENLING, JR, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of One Hundred Ten Thousand and No/100
Dollars ($110,000.00), subject to apportionment, if any, for Parcel 220FEE, as full payment for
the property interest taken, in connection with said parcel, including all business damages, expert
fees, and costs.
16.K.6.a
Packet Pg. 1274 Attachment: P220FEE Joint Motion Stip Final Judgment(1) (20963 : Approve a settlement in the amount of $110,000 plus $21,767.50 in
[21-CA-658/1687675/1]
2. Respondent, ROBERT J. GREENLING, JR, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Fourteen Thousand Seven Hundred Sixty-
Seven and 50/100 Dollars ($14,767.50), for all attorney fees and costs associated with the
acquisition of Parcel 220FEE. Supplemental attorney’s fee in an amount not to exceed $5,000 may
be awarded, in compliance with F.S.73.092.
3. Respondent, ROBERT J. GREENLING, JR, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Seven Thousand and No/100 Dollars
($7,000.00), for all expert fees and costs associated with the acquisition of Parcel 220FEE.
4. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good
faith estimate of value previously deposited in the amount of Sixty-Five Thousand Six Hundred
and No/100 Dollars ($65,600.00), as payment for the acquisition of Parcel 220FEE, 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-One Thousand Seven Hundred Sixty-
Seven and 50/100 Dollars ($21,767.50), representing the attorney’s fees and costs, by issuing a
check 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 deposit into the Court Registry the total sum of Forty-Four
Thousand Four Hundred and No/100 Dollars ($44,400.00), as payment for acquisition of Parcel
220FEE, subject to apportionment, if any.
16.K.6.a
Packet Pg. 1275 Attachment: P220FEE Joint Motion Stip Final Judgment(1) (20963 : Approve a settlement in the amount of $110,000 plus $21,767.50 in
[21-CA-658/1687675/1]
7. Collier County’s initial construction of the subject project shall substantially
conform with the County’s 100% construction plans; however, Respondent understands and
agrees that this settlement 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,
including related roadway improvements to VBR.
8. Although the property now falls below the minimum lot size of 2.25 acres as a
result of the County’s condemnation action, the rights and entitlements for 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 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.
9. This Order disposes of all claims arising out of the taking of Parcel 220FEE that
have or could have been asserted in this cause.
10. 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.
11. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
5904, Page 2854 of the Public Records of Collier County, Florida be dismissed as to Parcel
220FEE.
12. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment, including apportionment.
16.K.6.a
Packet Pg. 1276 Attachment: P220FEE Joint Motion Stip Final Judgment(1) (20963 : Approve a settlement in the amount of $110,000 plus $21,767.50 in
[21-CA-658/1687675/1]
13. 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 ____________, 2022.
_____________________________________
THE HONORABLE ELIZABETH V. KRIER
Circuit Court Judge
Exhibit “A”
16.K.6.a
Packet Pg. 1277 Attachment: P220FEE Joint Motion Stip Final Judgment(1) (20963 : Approve a settlement in the amount of $110,000 plus $21,767.50 in
AERIAL – PARCEL 220FEE
(Vanderbilt Beach Rd Ext. Project No. 60168)
/
PARCEL 220FEE
16.K.6.b
Packet Pg. 1278 Attachment: Aerial - Parcel 220FEE (20963 : Approve a settlement in the amount of $110,000 plus $21,767.50 in fees/costs for Parcel 220FEE)