Agenda 10/24/2023 Item #16K3 (To settle full compensation for the taking of Parcels 329/FEE/TDRE1/TDRE2 - Vanderbilt Beach Road Extension Project)10/24/2023
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the total amount of $60,000 plus $13,270.18 in
statutory attorney and experts’ fees and costs, for the taking of Parcels 329FEE/TDRE1/TDRE2 required for
the Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcels 329FEE/TDRE1/TDRE2 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 Parcels 329FEE/TDRE1/TDRE2 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 parcels are
located along the front, westerly boundary of the property. Parcel 329FEE is a thirty-five-foot-wide strip taking,
approximately 0.268 acres in extent. The two TDRE parcels are Temporary Driveway Restoration Easements with
a total size of approximately 0.033 acres. The parent tract is improved with a single -family home owned by
Jonathan B. Granholm and Eugena G. Granholm, and contains approximately 10.13 acres of gross land area, which
has been reduced to 9.862 acres after the acquisition. An aerial photograph of the subject property is attached. The
County’s appraiser estimated full compensation at $35,900, with no severance damages, which was adjusted to
$44,100 by the Transportation Engineering Division to account for increases in property prices since the date of the
appraisal. The property owner’s initial demand was $80,000, plus attorney’s fees and expert fees and costs. The
parties participated in informal negotiations and reached an agreement. The attached Stipulated Final Judgment
reflects a negotiated compensation amount of $60,000, plus $7,953 in statuto ry attorney’s fees and $5,317.18 in
expert fees and costs, for a total of $73,270.18.
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 $38,700 for its deposit of the good faith estimate of
value. Funds for the balance of $34,740.18, which includes the Clerk’s $170.00 deposit fee, are available in the
Vanderbilt Beach Road Extension 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. Aerial - Parcels 329FEE, 329TDRE1&2 (PDF)
2. P329 Joint Motion for SFJ(1) (PDF)
16.K.3
Packet Pg. 1802
10/24/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 26876
Item Summary: Recommendation to approve a Stipulated Final Judgment in the total amount of $60,000 plus
$13,270.18 in statutory attorney and experts’ fees and costs, for the taking of Parcels 329FEE/TDRE1/TDRE2
required for the Vanderbilt Beach Road Extension Project No. 60168.
Meeting Date: 10/24/2023
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
10/09/2023 2:13 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
10/09/2023 2:13 PM
Approved By:
Review:
Growth Management Community Development Department Lisa Taylor Additional Reviewer Completed
10/10/2023 7:01 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 10/10/2023 7:35 AM
Transportation Engineering Robert Bosch Additional Reviewer Completed 10/10/2023 8:55 AM
Transportation Management Services Department Trinity Scott Transportation Completed
10/10/2023 12:42 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 10/10/2023 1:06 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/10/2023 3:55 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/11/2023 10:44 AM
Community & Human Services Maggie Lopez Additional Reviewer Completed 10/15/2023 6:18 PM
County Manager's Office Ed Finn Level 4 County Manager Review Completed 10/15/2023 8:09 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 10/24/2023 9:00 AM
16.K.3
Packet Pg. 1803
AERIAL – PARCEL 329FEE, 329TDRE1 & 329TDRE2
VANDERBILT BEACH RD. EXT. PROJECT NO. 60168
/
PARCEL 329FEE
PARCEL 329TDRE2
PARCEL 329TDRE1
16.K.3.a
Packet Pg. 1804 Attachment: Aerial - Parcels 329FEE, 329TDRE1&2 (26876 : SFJ for the taking of Parcels
[21-CA-584/1817726/1]
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-584
v. Parcels: 329FEE/TDRE1/TDRE2
RUGBY, LLC; SCOTT A. STONIER; SUSAN B. STONIER;
KING ROOFING SERVICE, INC; REGIONS BANK,
SUCCESSOR BY MERGER WITH AMSOUTH BANK
BENJAMIN WALKER; REGIONS BANK; ERNESTINA
GARCIA; JONATHAN B. GRANHOLM; AND EUGENA G.
GRANHOLM
Respondents
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCELS 329FEE/TDRE1/TDRE2
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, JONATHAN B.
GRANHOLM AND EUGENA G. GRANHOLM, by and through undersigned counsel, hereby
respectfully move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcels
329FEE/TDRE1/TDRE2 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
LeRoux Law
13065 W. Linebaugh Ave., Suite 101
Tampa, FL 33626
Telephone: (727) 712-1137
COUNSEL FOR RESPONDENTS
John@lerouxlaw.com
pleadings@lerouxlaw.com
16.K.3.b
Packet Pg. 1805 Attachment: P329 Joint Motion for SFJ(1) (26876 : SFJ for the taking of Parcels 329FEE/TDRE1/TDRE2 (VBRX Proj. 60168))
[21-CA-584/1817726/1]
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 October
2023.
By:________________________
SALLY A. ASHKAR, ESQ.
16.K.3.b
Packet Pg. 1806 Attachment: P329 Joint Motion for SFJ(1) (26876 : SFJ for the taking of Parcels 329FEE/TDRE1/TDRE2 (VBRX Proj. 60168))
[21-CA-584/1817726/1]
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-584
v. Parcels: 329FEE/TDRE1/TDRE2
RUGBY, LLC; SCOTT A. STONIER; SUSAN B. STONIER;
KING ROOFING SERVICE, INC; REGIONS BANK,
SUCCESSOR BY MERGER WITH AMSOUTH BANK
BENJAMIN WALKER; REGIONS BANK; ERNESTINA
GARCIA; JONATHAN B. GRANHOLM; AND EUGENA G.
GRANHOLM
Respondents
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCELS 329FEE/TDRE1/TDRE2
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, JONATHAN B. GRANHOLM AND
EUGENA G. GRANHOLM, by and through counsel, for the entry of a Stipulated Final Judgment
as to Parcels 329FEE/TDRE1/TDRE2 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, JONATHAN B. GRANHOLM AND EUGENA G. GRANHOLM,
shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Sixty Thousand
and No/100 Dollars ($60,000.00) for Parcels 329FEE/TDRE1/TDRE2, as full payment for the
property interest taken, in connection with said parcel.
2. Respondents, JONATHAN B. GRANHOLM AND EUGENA G. GRANHOLM,
shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Seven Thousand
16.K.3.b
Packet Pg. 1807 Attachment: P329 Joint Motion for SFJ(1) (26876 : SFJ for the taking of Parcels 329FEE/TDRE1/TDRE2 (VBRX Proj. 60168))
[21-CA-584/1817726/1]
Nine Hundred Fifty-Three and No/100 Dollars ($7,953.00), for all attorney fees and costs
associated with the acquisition of Parcels 329FEE/TDRE1/TDRE2.
3. Respondents, JONATHAN B. GRANHOLM AND EUGENA G. GRANHOLM,
shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Five Thousand
Three Hundred Seventeen and 18/100 Dollars ($5,317.18), for all expert fees and costs
associated with the acquisition of Parcels 329FEE/TDRE1/TDRE2, 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 Thirty-Eight Thousand Seven
Hundred and No/100 Dollars ($38,700.00), as payment for the acquisition of Parcels
329FEE/TDRE1/TDRE2, at which time title to said parcel as described in Composite 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 issue a check payable to LeRoux Law, Trust Account, in the total
sum of Thirty-Four Thousand Five Hundred Seventy and 18/100 Dollars ($34,570.18), and
deliver said check to John M. LeRoux, Esquire, LeRoux Law, 13065 W. Linebaugh Ave., Suite
101, Tampa, FL 33626.
6. Petitioner will construct the project in substantial conformance with the one
hundred percent (100%) construction plans for the project, which plans were filed with the Court
on September 25, 2023, under docket entry number 89, and are incorporated herein by reference.
7. This Order disposes of all claims arising out of the taking of Parcels
329FEE/TDRE1/TDRE2 that have or could have been asserted in this cause.
16.K.3.b
Packet Pg. 1808 Attachment: P329 Joint Motion for SFJ(1) (26876 : SFJ for the taking of Parcels 329FEE/TDRE1/TDRE2 (VBRX Proj. 60168))
[21-CA-584/1817726/1]
8. A fee simple taking (FEE) and two temporary driveway restoration easements
(TDRE1 and TDRE2), being fully described in Composite Exhibit “A” attached hereto and
incorporated herein, which vested in Petitioner pursuant to the Stipulated Order of Taking dated
June 23, 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
5900, Page 2628 of the Public Records of Collier County, Florida is hereby dismissed as to Parcels
329FEE/TDRE1/TDRE2.
10. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment, and enter any further orders deemed proper.
11. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Composite Exhibit “A”
16.K.3.b
Packet Pg. 1809 Attachment: P329 Joint Motion for SFJ(1) (26876 : SFJ for the taking of Parcels 329FEE/TDRE1/TDRE2 (VBRX Proj. 60168))
[21-CA-584/1817726/1]
16.K.3.b
Packet Pg. 1810 Attachment: P329 Joint Motion for SFJ(1) (26876 : SFJ for the taking of Parcels 329FEE/TDRE1/TDRE2 (VBRX Proj. 60168))