Agenda 02/28/2023 Item #16K 6 (Sitpulated Final Judment for the taking of Parcel 112FEE for the Vanderbilt Beach Road Extension Project No. 60168)16. K.6
02/28/2023
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $173,000 plus $50,150 in
statutory attorney and experts' fees and costs, for the taking of Parcel 112FEE required for the Vanderbilt
Beach Road Extension Project No. 60168.
OBJECTIVE: To settle full compensation for the taking of Parcel 112FEE 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 112FEE 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 16' 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 0.80 acres in extent. The parent
tract is improved with a single-family home owned by Margaret R. Bender, as Trustee of the Margaret R. Bender
Revocable Trust Agreement dated November 28, 1997, and contains 4.39 acres of gross land area, which has been
reduced to 3.59 acres after the acquisition. An aerial photograph of the subject property is attached. The County's
appraiser estimated full compensation at $92,000, with no severance damages. The property owner's initial demand
was $286,600, 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 $173,000 plus
$34,650 in statutory attorney's fees and $15,500 in expert fees and costs, for a total of $223,150.
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 $80,000 for its deposit of the good faith estimate of
value. Funds for the balance of $143,320, 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. P 112FEE Joint Motion for Stipulated Final Judgment(2) (DOCX)
2. Aerial - Parcel 112FEE (PDF)
Packet Pg. 1448
16. K.6
02/28/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Doe ID: 24727
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of $173,000 plus
$50,150 in statutory attorney and experts' fees and costs, for the taking of Parcel 112FEE required for the
Vanderbilt Beach Road Extension Project No. 60168.
Meeting Date: 02/28/2023
Prepared by:
Title: — County Attorney's Office
Name: Madison Bird
02/16/2023 9:06 AM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
02/16/2023 9:06 AM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer
Transportation Engineering Robert Bosch Additional Reviewer
Growth Management Department Lisa Taylor Additional Reviewer
Growth Management Operations Support Tara Castillo
County Attorney's Office
Growth Management Department
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
County Manager's Office
Board of County Commissioners
Sally Ashkar Level 2 Attorney Review
Trinity Scott
Transportation
Debra Windsor
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Susan Usher
Additional Reviewer
Ed Finn
CMO Completed
Amy Patterson
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Completed
02/16/2023 9:31 AM
Completed
02/16/2023 10:26 AM
Completed
02/16/2023 10:38 AM
Additional Reviewer
Completed
02/16/2023
1:06 PM
Completed
02/16/2023 2:25 PM
Completed
02/17/2023 4:31 PM
Completed
02/21/2023 8:31 AM
Completed
02/21/2023 12:48 PM
Completed
02/21/2023 5:26 PM
02/22/2023 2:43 PM
Completed
02/22/2023 4:02 PM
02/28/2023 9:00 AM
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16. K.6.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-3909
V. Parcel 112FEE
ROBERT P. BENDER, AS TRUSTEE OF THE ROBERT
P. BENDER REVOCABLE TRUST AGREEMENT DATED
NOVEMBER 28, 1997, ET AL,
Respondents.
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 112FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, MARGARET R.
BENDER, AS TRUSTEE OF THE MARGARET R. BENDER REVOCABLE TRUST
AGREEMENT DATED NOVEMBER 28, 1997 (pursuant to Order Substituting Party, Docket
Entry 138 dated April 25, 2022), by and through undersigned counsel, hereby respectfully move
this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel 112FEE attached
hereto as Exhibit "1".
COLLEEN M. GREENE, ESQ.
Florida Bar No. 502650
SALLY A. ASHKAR, ESQ.
Florida Bar No. 1007665
Collier County Attorney's Office
3299 E. Tamimi Trail, Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Colleen.Greene@colliercountyfl.gov
Sally.Ashkargcolliercountyfl.gov
Sheri. Malcolm(dcolliercountyfl. gov
/s/JOHNM. LEROUX
JOHN M. LEROUX, ESQ
Florida Bar No. 773166
LeRoux Law
13065 W. Linebaugh Ave., Ste 101
Tampa, FL 33626
Telephone: (727) 712-1137
COUNSEL FOR RESPONDENT
John(a, lerouxlaw. com
Pleadingsklerouxlaw. com
[20-CA-3909/1770604/1 ]
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16. K.6.a
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated Final
Judgment was electronically filed with the Florida Courts E-Filing Portal on this day of
2023.
SALLY A. ASHKAR, ESQ.
[20-CA-3909/1770604/1] Packet Pg. 1451
16. K.6.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-3909
V. Parcel 112FEE
ROBERT P. BENDER, AS TRUSTEE OF THE ROBERT
P. BENDER REVOCABLE TRUST AGREEMENT DATED
NOVEMBER 28, 1997, ET AL,
Respondents.
STIPULATED FINAL JUDGMENT AS TO PARCEL 112FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, MARGARET R. BENDER, AS TRUSTEE
OF THE MARGARET R. BENDER REVOCABLE TRUST AGREEMENT DATED
NOVEMBER 28, 1997 (pursuant to Order Substituting Parry, Docket Entry 138 dated April 25,
2022), by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel 112FEE
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, MARGARET R. BENDER, AS TRUSTEE OF THE MARGARET R.
BENDER REVOCABLE TRUST AGREEMENT DATED NOVEMBER 28, 1997, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Hundred Seventy -
Three Thousand Dollars and No/100 ($173,000.00) for Parcel 112FEE, as full payment for the
property interest taken, including business damages, in connection with said Parcel.
2. Respondent, MARGARET R. BENDER, AS TRUSTEE OF THE MARGARET R.
BENDER REVOCABLE TRUST AGREEMENT DATED NOVEMBER 28, 1997, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Thirty -Four Thousand Six
[20-CA-3909/1770604/1] Packet Pg. 1452
16. K.6.a
Hundred Fifty Dollars and No/100 ($34,650.00), for all attorney's fees and attorney litigation
costs in this case, including fees related to monetary and non -monetary benefits and supplemental
proceedings, if any.
3. Respondent, MARGARET R. BENDER, AS TRUSTEE OF THE MARGARET R.
BENDER REVOCABLE TRUST AGREEMENT DATED NOVEMBER 28, 1997, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Fifteen Thousand Five
Hundred Dollars and No/100 ($15,500.00), for all expert fees and costs, associated with the
acquisition of Parcel 112FEE, 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 Dollars and
No/100 ($80,000.00), as payment for the acquisition of Parcel 112FEE, 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 One Hundred Forty -Three Thousand One
Hundred Fifty Dollars and No/100 ($143,150.00), representing the total sum due for the
acquisition of Parcel 112FEE, attorney's fees, costs, expert fees and costs, by issuing a check
payable to LeRoux Law Trust Account, and mailing it to John M. LeRoux, Esq., LeRoux Law,
13065 W. Linebaugh Ave., Ste 101, Tampa, FL 33626.
6. Petitioner will construct the project in substantial conformance with the 100
Hundred Percent (100%) construction plans for the project, which plans are incorporated herein
by reference.
7. This Order disposes of all claims arising out of the taking of Parcel 112FEE that
have or could have been asserted in this cause.
[20-CA-3909/1770604/1] Packet Pg. 1453
16. K.6.a
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 April 19,
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
5858, Page 3858 of the Public Records of Collier County, Florida be dismissed as to Parcel
112FEE.
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.
Exhibit "A"
PROPOSED FEE SIMPLE PARCEL V
LEGAL DESCRIPTION (PARCEL 112 FEE)
A PORTION OF TRACTS 85 AND SO. 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 76
EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 80;
THENCE ALONG THE NORTH LINE OF SAID TRACT 80, NM55'06" E., FOR 165.05 FEET TO THE EAST LINE OF
THE WEST 165 FEET OF SAID TRACT 80;
THENCE ALONG SAID EAST LINE. S.01727'201.. FOR 138.33 FEET:
THENCE S.89'57'44"W.. FOR 165.05 FEET;
THENCE S.89'55'48V.. FOR 87.00 FEET;
THENCE N.170'77'33 w.. FOR 138.31 FEET TO THE NORTH LINE OF SAID TRACT 65;
THENCE ALONG THE NORTH LINE OF SAID TRACT 65, N-WWOO'E.. FOR 87.00 FEET TO THE
BEGINNING OF THE PARCEL DESCRIBED HEREIN; +`�!`G'[�B? �: a✓,
CONTAINING 34.849 SQUARE FEET. MORE OR LESS. • .; �tt��iCatn •,
BEARINGS ARE BASSO ON STATE PLANE COORDMATES. FLORIDA EAST ZONE. ~ '
[20-CA-3909/1770604/1] Packet Pg. 1454
AERIAL — PARCEL 112FEE
(Vanderbilt Beach Road Extension Project No. 60168)
Packet Pg. 1455