Agenda 03/14/2023 Item #16K4 (Final Judgement Parcel 191FEE for project No. 6016816. K.4
03/14/2023
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $100,000 plus $25,892.55 in
statutory attorney fees, litigation costs, apportionment attorneys' fees, and experts' fees and costs for the
taking of Parcel 191FEE required for the Vanderbilt Beach Road Extension Project No. 60168, and delegate
authority to the County Manager or her designee to process payment of additional statutory attorney's fees
for supplemental proceedings not to exceed $3,000, if any, as authorized by Ch. 73, Fla. Stat.
OBJECTIVE: To settle full compensation for the taking of Parcel 191FEE 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 191FEE 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, southerly boundary of the property and is approximately .28 acres in extent. The parent
tract is improved with a single-family home and associated improvements owned by William Lecuyer, Jr. and
Felizitas Lecuyer, and contained 1.59 acres of gross land area, which has been reduced to 1.31 acres after the
acquisition. An aerial photograph of the subject property is attached. The County's appraiser estimated full
compensation at $67,800, including severance damages. The property owner's initial demand was $151,400,
including severance damages, plus attorney's fees and expert fees and costs. The parties participated in mediation
and reached settlement subject to approval by the Board of County Commissioners. The attached Stipulated Final
Judgment reflects a negotiated compensation amount of $100,000, plus $18,612.00 in statutory attorney's fees,
$1,421.50 in apportionment attorneys' fees, and $5,859.05 in expert fees and costs, for a total of $125,892.55.
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 her 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 $3,000.
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 $57,300 for its deposit of the good faith estimate of
value. Funds for the balance of $68,762.55 which includes the Clerk's $170.00 deposit fee, and attorney's fees for
supplemental proceedings not to exceed $3,000, if any, 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. - CMG
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 her 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 $3,000.
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering Division
ATTACHMENT(S)
1. Aerial - Parcel 191FEE (PDF)
Packet Pg. 1422
16. K.4
03/14/2023
2. P191FEE - Joint Motion for Stip Final Judgment(DOCX)
Packet Pg. 1423
16. K.4
03/14/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doc ID: 24601
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of $100,000 plus
$25,892.55 in statutory attorney fees, litigation costs, apportionment attorneys' fees, and experts' fees and costs for
the taking of Parcel 191FEE required for the Vanderbilt Beach Road Extension Project No. 60168, and delegate
authority to the County Manager or her designee to process payment of additional statutory attorney's fees for
supplemental proceedings not to exceed $3,000, if any, as authorized by Ch. 73, Fla. Stat.
Meeting Date: 03/14/2023
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Wanda Rodriguez
02/07/2023 9:47 AM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
02/07/2023 9:47 AM
Approved By:
Review:
Office of Management and Budget Wanda Rodriguez Level 3 OMB Gatekeeper Review
Transportation Engineering Robert Bosch Additional Reviewer
Growth Management Operations Support Tara Castillo
Growth Management Department
Office of Management and Budget
Growth Management Department
County Attorney's Office
Office of Management and Budget
Office of Management and Budget
County Attorney's Office
Board of County Commissioners
County Manager's Office
Lisa Taylor
Additional Reviewer
Debra Windsor
Level 3 OMB Gatekeeper
Trinity Scott
Transp Department Head Review
Colleen Greene
Level 2 County Attorney
Debra Windsor
Level 3 OMB Gatekeeper Review
Susan Usher
Additional Reviewer
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Geoffrey Willig
Meeting Pending
Amy Patterson
Level 4 County Manager Review
Skipped
02/07/2023 9:47 AM
Completed
03/07/2023 4:30 PM
Additional Reviewer
Completed
03/08/2023 8:36 AM
Completed
03/08/2023 8:59 AM
Completed
03/08/2023 10:57 AM
Completed
03/08/2023 11:11 AM
Completed
03/08/2023 11:16 AM
Completed
03/08/2023 11:17 AM
Completed
03/08/2023 12:39 PM
Completed
03/08/2023 4:17 PM
03/14/2023 9:00 AM
Completed
03/08/2023 4:18 PM
Packet Pg. 1424
16. K.4.a
AERIAL — PARCEL 191 FEE
(Vanderbilt Beach Rd. Ext. Project No. 60168)
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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-558
V. Parcel 191 FEE
ELAINE BETH HOROWITZ, ET AL
Respondents.
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 191FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, WILLIAM
BERT LECUYER, JR., AND FELIZITAS G. LECUYER, by and through undersigned counsel,
hereby respectfully move this Court for the entry of the foregoing Stipulated Final Judgment as to
Parcel 191FEE attached hereto as Exhibit "1".
COLLEEN M. GREENE, ESQ.
Florida Bar No. 502650
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
Sheri.Malcolm@colliercountyfl.gov
/s/ KENNETH A. JONES
KENNETH A. JONES, ESQ
Florida Bar No. 200158
Hahn Loeser & Parks, LLP
2400 First Street, Suite 300
Fort Myers, FL 33901-2904
Telephone: (239) 337-6727
COUNSEL FOR RESPONDENTS
kjones@hahnlaw.com
jstone@hahnlaw.com
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
March 2023.
mm
COLLEEN M. GREENE, ESQ.
[21-CA-558/1772606/1] Packet Pg. 1426
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-558
V. Parcel 191 FEE
ELAINE BETH HOROWITZ, ET AL
Respondents.
STIPULATED FINAL JUDGMENT AS TO PARCEL 191FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, WILLIAM BERT LECUYER, JR., AND
FELIZITAS G. LECUYER, by and through counsel, for the entry of a Stipulated Final Judgment
as to Parcel 191FEE 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, WILLIAM BERT LECUYER, JR., AND FELIZITAS G.
LECUYER, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One
Hundred Thousand Dollars and No/100 ($100,000.00) for Parcel 191FEE, subject to
apportionment, if any, as full payment for the property interest taken, in connection with said
Parcel.
2. Respondents, WILLIAM BERT LECUYER, JR., AND FELIZITAS G
LECUYER, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Eighteen
Thousand Six Hundred Twelve Dollars and No/l00 ($18,612.00), for all attorney fees and costs
associated with the acquisition of Parcel 191FEE, plus the sum of One Thousand Four Hundred
[21-CA-558/1772606/11 Packet Pg. 1427
Twenty -One Dollars and 50/100 ($1,421.50) for apportionment fees associated with the
acquisition of Parcel 191FEE. Respondents reserve the right to claim additional attorney fees
incurred as a result of apportionment or supplemental proceedings as authorized pursuant to
Section 73.091, Fla. Stat. and Section 73.092, Fla. Stat.
3. Respondents, WILLIAM BERT LECUYER, JR., AND FELIZITAS G
LECUYER, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Five
Thousand Eight Hundred Fifty -Nine Dollars and 051100 ($5,859.05), for all expert fees and
costs associated with the acquisition of Parcel 191FEE, 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 Fifty -Seven Thousand Three
Hundred Dollars and No/100 ($57,300.00), as payment for the acquisition of Parcel 191FEE, 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 -Five Thousand Eight Hundred
Ninety -Two Dollars and 55/100 ($25,892.55), representing the total sum due for attorney's fees,
costs, and expert fees, by mailing a check to Hahn Loeser & Parks, LLP, c/o Kenneth A. Jones,
Esq., 2400 First Street, Suite 300, Fort Myers, FL 33901.
6. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall deposit the total amount of Forty -Two Thousand Seven Hundred
Dollars and No/100 ($42,700.00) into the Court Registry, representing the total sum due for the
acquisition of Parcel 191FEE, subject to apportionment, if any.
7. 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
[21-CA-558/1772606/1] Packet Pg. 1428
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.
8. Although the property now falls below the minimum lot size of 2.25 acres as a
result of the Vanderbilt Beach Road public acquisition, the rights and entitlements 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 191FEE 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 Order of Taking dated August 4,
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
5900, Page 2682 of the Public Records of Collier County, Florida be dismissed as to Parcel
191FEE.
12. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
13. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
[21-CA-558/1772606/11 Packet Pg. 1429
16. K.4.b
Exhibit "A"
LEGAL DESCRI"ON (PARCEL 191 FEE)
A PORTION OF TRACT 19, GOLDEN GATE ESTATES IINrr 19■ AS RECORDED IN PLAT B00k 7. PAGE 78, OF THE
PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 33, TOWNSHIP 48 SOLITH. RANGE 27 EAST,
COLLIER COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE SOUTHEAST CORNER OF SAIO TRACT 19;
THENCE &89'31'401N., ALONG THE SOUTH LINE OF SAID TRACT 19. FOR 104.99 FEET TO A POINT ON THE
WEST LINE OF THE EAST 105 FEET OF SAID TRACT 19; a i ► } r !
THENCE N.0O'28'39"W., ALONG SAID WEST LINE, FOR 115,14 FEET; `
THENCE N.89'31'10"E., FOR 104.99 FEET TO A POINT ON THE EAST LINE OF SAID T Gt
THENCE S.00'28'40%, ALONG SAID EAST LINE, FOR 115.15 FEET TO THE POINT Of
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DESCRIBED HEREIN.
CONTAINING 12,OBS SQUARE FEET, MORE OR LESS.
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BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE.
[21-cA-558/1772606/1] Packet Pg. 1430