Agenda 04/12/2022 Item #16K 7 (Stipulated Final Judgement Parcel 1185RDUE Project #60168) )04/12/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $47,000 plus $18,136 in
statutory attorney and experts’ fees and costs for the taking of Parcel 1185RDUE required for the
Vanderbilt Beach Road Extension Project No. 60168.
_______________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1185RDUE 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 1185RDUE 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 area consists of a strip taking along the front, easterly boundary of the
property and is approximately 0.052 acres in extent. The parent tract is improved with a single-family
home owned by Linda J. Rodgers and contains 2.34 acres of gross land area, which remains the same after
the acquisition of this parcel An aerial photograph of the subject property is attached. The County’s
appraiser estimated full compensation at $15,800 with no severance damages. The property owner’s initial
demand was $93,700 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 $47,000 plus $11,121 in statutory attorney’s fees and $7,015 in expert fees and costs, for a total
of $65,136.
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 $14,300 for its deposit of the good faith
estimate of value. Funds for the balance of $51,006, which includes the Clerk’s $170.00 deposit fee, are
available in the Vanderbilt Beach Road Extension Project, 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. P1185RDUE Joint Motion for Stip Final Judgment(1) (DOCX)
2. Aerial Depiction 1185RDUE (PDF)
16.K.7
Packet Pg. 1915
04/12/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.7
Doc ID: 21780
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$47,000 plus $18,136 in statutory attorney and experts’ fees and costs for the taking of Parcel 1185RDUE
required for the Vanderbilt Beach Road Extension Project No. 60168.
Meeting Date: 04/12/2022
Prepared by:
Title: – County Attorney's Office
Name: Madison Bird
03/28/2022 11:19 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/28/2022 11:19 AM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 03/28/2022 11:28 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 03/28/2022 12:45 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 03/29/2022 11:23 AM
Growth Management Department Jeanne Marcella Transportation Completed 03/29/2022 2:52 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 03/30/2022 8:27 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/30/2022 8:41 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/30/2022 8:55 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 04/01/2022 10:39 AM
County Manager's Office Mark Isackson Level 4 County Manager Review Completed 04/04/2022 10:11 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/12/2022 9:00 AM
16.K.7
Packet Pg. 1916
[21-CA-511/1709165/1]
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 1185RDUE
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 1185RDUE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, LINDA J.
RODGERS, by and through undersigned counsel, hereby respectfully move this Court for the entry
of the foregoing Stipulated Final Judgment as to Parcel 1185RDUE 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
Colleen.Greene@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.7.a
Packet Pg. 1917 Attachment: P1185RDUE Joint Motion for Stip Final Judgment(1) (21780 : Approve a Stipulated Final Judgment for Parcel 1185RDUE)
[21-CA-511/1709165/1]
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 April
2022.
By:________________________
SALLY A. ASHKAR, ESQ.
16.K.7.a
Packet Pg. 1918 Attachment: P1185RDUE Joint Motion for Stip Final Judgment(1) (21780 : Approve a Stipulated Final Judgment for Parcel 1185RDUE)
[21-CA-511/1709165/1]
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 1185RDUE
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 1185RDUE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, LINDA J. RODGERS, by and through
counsel, for the entry of a Stipulated Final Judgment as to Parcel 1185RDUE 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, LINDA J. RODGERS, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Forty-Seven Thousand and No/100 Dollars
($47,000.00) for Parcel 1185RDUE, as full payment for the property interest taken, including any
and all business damages, in connection with said parcel.
2. Respondent, LINDA J. RODGERS, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Eleven Thousand One Hundred Twenty-One and
16.K.7.a
Packet Pg. 1919 Attachment: P1185RDUE Joint Motion for Stip Final Judgment(1) (21780 : Approve a Stipulated Final Judgment for Parcel 1185RDUE)
[21-CA-511/1709165/1]
No/100 Dollars ($11,121.00), for all attorney fees and costs associated with the acquisition of
Parcel 1185RDUE.
3. Respondent, LINDA J. RODGERS, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Seven Thousand Fifteen and No/100 Dollars
($7,015.00), for all expert fees and costs associated with the acquisition of Parcel 1185RDUE, 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 Fourteen Thousand Three
Hundred and No/100 Dollars ($14,300.00), as payment for the acquisition of Parcel 1185RDUE,
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 Fifty Thousand Eight Hundred Thirty-Six
and No/100 Dollars ($50,836.00), as payment for acquisition of Parcel 1185RDUE, including all
attorney’s fees, costs, and expert fees, by issuing a check made payable 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 one
hundred percent (100%) 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. This Order disposes of all claims arising out of the taking of Parcel 1185RDUE that
have or could have been asserted in this cause.
16.K.7.a
Packet Pg. 1920 Attachment: P1185RDUE Joint Motion for Stip Final Judgment(1) (21780 : Approve a Stipulated Final Judgment for Parcel 1185RDUE)
[21-CA-511/1709165/1]
8. 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 3,
2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
9. 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
1185RDUE.
10. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
11. 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.7.a
Packet Pg. 1921 Attachment: P1185RDUE Joint Motion for Stip Final Judgment(1) (21780 : Approve a Stipulated Final Judgment for Parcel 1185RDUE)
AERIAL – PARCEL 1185RDUE (Vanderbilt Beach Rd. Ext. Project No. 60168) / EXISTING RIGHT-OF-WAY PARCEL 1185RDUE 16.K.7.bPacket Pg. 1922Attachment: Aerial Depiction 1185RDUE (21780 : Approve a Stipulated Final Judgment for Parcel