Agenda 04/12/2022 Item #16K 9 (Stipulated Final Judgement Parcel 192FEE Project #60168) )04/12/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $132,500 plus $31,337
in statutory attorney and experts’ fees and costs for the taking of Parcel 192FEE required for the
Vanderbilt Beach Road Extension 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 192FEE 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 192FEE 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 fee simple
acquisition area consists of a strip taking along the rear, northerly boundary of the property and is
approximately 0.38 acres in extent. The parent tract is improved with a single-family home owned by
Daniel and Patsy Gottwald and contains 2.27 acres of gross land area, which will be reduced to 1.89 acres
after the acquisition. An aerial photograph of the subject property is attached. The County’s appraiser
estimated full compensation at $95,100, including severance damages. The property owner’s initial
demand was $209,200 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 $132,500 plus $23,694 in statutory attorney’s fees and $7,643 in expert fees and costs, for a
total of $163,837.
Pursuant to Ch. 73, Fla. Stat., Respondent is entitled to additional attorney’s fees for supplemental
proceedings, if any, including disbursement and apportionment proceedings. Thi s 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 $80,800 for its deposit of the good faith
estimate of value. Funds for the balance of $83,207, which includes the Clerk’s $170.00 deposit fee, plus
attorney’s fees for supplemental proceedings, if any, not to exceed $5,000, 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 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.
Prepared By: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering Division
ATTACHMENT(S)
1. P192FEE Joint Motion for Stipulated Final Judgment(1) (DOCX)
2. Aerial - Parcel 192FEE (PDF)
16.K.9
Packet Pg. 1931
04/12/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.9
Doc ID: 21779
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$132,500 plus $31,337 in statutory attorney and experts’ fees and costs for the taking of Parcel 192FEE
required for the Vanderbilt Beach Road Extension 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: 04/12/2022
Prepared by:
Title: – County Attorney's Office
Name: Madison Bird
03/28/2022 11:11 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/28/2022 11:11 AM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 03/28/2022 11:24 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 03/28/2022 12:44 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 03/29/2022 11:22 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 8:40 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 10:45 AM
County Manager's Office Mark Isackson Level 4 County Manager Review Completed 04/04/2022 10:06 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/12/2022 9:00 AM
16.K.9
Packet Pg. 1932
[21-CA-658/1709174/1]
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 192FEE
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 192FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent s, DANIEL D.
GOTTWALD AND PATSY L. GOTTWALD, by and through undersigned counsel, hereby
respectfully move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel
192FEE 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.9.a
Packet Pg. 1933 Attachment: P192FEE Joint Motion for Stipulated Final Judgment(1) (21779 : Approve a Stipulated Final Judgment for Parcel 192FEE)
[21-CA-658/1709174/1]
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.9.a
Packet Pg. 1934 Attachment: P192FEE Joint Motion for Stipulated Final Judgment(1) (21779 : Approve a Stipulated Final Judgment for Parcel 192FEE)
[21-CA-658/1709174/1]
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 192FEE
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 192FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, DANIEL D. GOTTWALD AND PATSY L.
GOTTWALD, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel
192FEE 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, DANIEL D. GOTTWALD AND PATSY L. GOTTWALD, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Hundred
Thirty-Two Thousand Five Hundred and No/100 Dollars ($132,500.00) for Parcel 192FEE,
as full payment for the property interest taken, including any and all business damages, in
connection with said parcel.
2. Respondents, DANIEL D. GOTTWALD AND PATSY L. GOTTWALD, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Twenty-Three
Thousand Six Hundred Ninety-Four and No/100 Dollars ($23,694.00), for all attorney fees and
16.K.9.a
Packet Pg. 1935 Attachment: P192FEE Joint Motion for Stipulated Final Judgment(1) (21779 : Approve a Stipulated Final Judgment for Parcel 192FEE)
[21-CA-658/1709174/1]
costs associated with the acquisition of Parcel 192FEE. Supplemental attorney’s fee in an amount
not to exceed $5,000 may be awarded, in compliance with F.S.73.092.
3. Respondents, DANIEL D. GOTTWALD AND PATSY L. GOTTWALD, shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Seven Thousand Six
Hundred Forty-Three Dollars and No/100 Dollars ($7,643.00), for all expert fees and costs
associated with the acquisition of Parcel 192FEE, 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 Eighty Thousand Eight Hundred
and No/100 Dollars ($80,800.00), as payment for the acquisition of Parcel 192FEE, 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 deposit into the Court Registry the total sum of Fifty-One Thousand
Seven Hundred and No/100 Dollars ($51,700.00), as payment for acquisition of Parcel 192FEE,
subject to apportionment, if any.
6. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Thirty-One Thousand Three Hundred Thirty-
Seven and No/100 Dollars ($31,337.00), representing the attorney’s fees, costs, and expert fees,
by issuing a check 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.
7. Within thirty (30) days from the entry of this Order, the Clerk of Courts shall
disburse from the Court Registry as follows:
a. The Clerk shall disburse the sum of $54.72 (based on a $0.24 per day for
228 days for Jan. 1, 2021, through August 17, 2021, the date of deposit,) to the Collier
County Tax Collector.
16.K.9.a
Packet Pg. 1936 Attachment: P192FEE Joint Motion for Stipulated Final Judgment(1) (21779 : Approve a Stipulated Final Judgment for Parcel 192FEE)
[21-CA-658/1709174/1]
8. 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.
9. 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.
10. This Order disposes of all claims arising out of the taking of Parcel 192FEE that
have or could have been asserted in this cause.
11. 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 4, 2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
12. 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
192FEE.
13. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
14. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
16.K.9.a
Packet Pg. 1937 Attachment: P192FEE Joint Motion for Stipulated Final Judgment(1) (21779 : Approve a Stipulated Final Judgment for Parcel 192FEE)
[21-CA-658/1709174/1]
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.9.a
Packet Pg. 1938 Attachment: P192FEE Joint Motion for Stipulated Final Judgment(1) (21779 : Approve a Stipulated Final Judgment for Parcel 192FEE)
AERIAL – PARCEL 192FEE
(Vanderbilt Beach Rd. Ext. Project No. 60168)
/
PARCEL 192FEE
16.K.9.b
Packet Pg. 1939 Attachment: Aerial - Parcel 192FEE (21779 : Approve a Stipulated Final Judgment for Parcel 192FEE)