Agenda 07/13/2021 Item #16K12 (Stipulated Final Judgement - Parcel 225FEE)07/13/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $69,000, plus $15,106 in
statutory attorneys’ fees and costs and expert fees and costs, for the taking of Parcel 225FEE,
required for the Vanderbilt Beach Road Extension Project, Project No., 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 225FEE required for the
construction of Vanderbilt Beach Road, Project 60168.
CONSIDERATIONS: On September 22, 2020, the Board authorized, via Resolution No. 2020-175, the
condemnation of Parcel 225FEE for the construction of roadway, drainage and utility improvements
required for the expansion and extension of Vanderbilt Beach Road from Collier Blvd. to east of 16th
Street NE, and Massey Street from Vanderbilt Beach Road to south of Mockingbird Dr. The fee simple
acquisition area consists of a strip taking along the rear, southerly boundary of the property and is
approximately 19,895 square feet (0.46 acres) in size. The parent tract is owned by Logan J. Roe and
David S. Roe, and contains 2.73 acres of gross land area, which will be reduced to 2.27 acres after the
acquisition. An aerial photograph of the subject property is attached to this item for reference. The
property owners’ appraiser valued the parcel at $92,300. The County’s appraiser estimated full
compensation at $50,200 including severance damages. This amount was adjusted to $53,500 to account
for the increase in property values between the date of the appraisal and the date of the deposit of funds
following the order of taking. The parties participated in informal negotiations and reached an agreement.
The attached Stipulated Final Judgment reflects a negotiated compensation amount of $69,000, plus
$8,481 in statutory attorneys’ fees and costs and $6,625 in expert fees and costs, for a total of $84,106.
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 $50,200 based on its deposit of the good faith
estimate of value. Funds for the balance of $34,076, which includes the Clerk’s $170.00 deposit fee, are
available in the Vanderbilt Beach Road Expansion 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, Growth Management Department
ATTACHMENT(S)
1. EXECUTED - 225FEE SFJ; Roe (DOCX)
2. Aerial 225FEE (PDF)
16.K.12
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07/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.12
Doc ID: 17418
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$69,000, plus $15,106 in statutory attorneys’ fees and costs and expert fees and costs, for the taking of
Parcel 225FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168.
Meeting Date: 07/13/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Jessica Hayes
06/30/2021 4:48 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/30/2021 4:48 PM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 07/01/2021 7:03 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 07/01/2021 7:23 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 07/01/2021 7:59 AM
Growth Management Department Trinity Scott Additional Reviewer Completed 07/01/2021 10:11 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/01/2021 11:29 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/02/2021 8:38 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 07/02/2021 2:56 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 07/02/2021 4:10 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/04/2021 4:40 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
16.K.12
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[20-CA-3566/1647232/1]
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.: 20-CA-3566
v. Parcel 225FEE
GHANSHYAMBHAI M. PATEL; ALPHA PATEL;
STATE OF FLORIDA DEPARTMENT OF REVENUE;
PATRICK R. LEON; LOGAN J. ROE; DAVID S. ROE;
ARIEL CHAVEZ
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO PARCEL 225FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent(s), LOGAN J. ROE AND
DAVID S. ROE, by and through undersigned counsel, hereby respectfully move this Court for the entry of the
foregoing Stipulated Final Judgment as to Parcel 225FEE 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(S)
john@jmleroux.com
pleadings@jmleroux.com
16.K.12.a
Packet Pg. 2604 Attachment: EXECUTED - 225FEE SFJ; Roe (17418 : Stipulated Final Judgment in the amount of $69,000)
[20-CA-3566/1647232/1]
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 ______ 2021.
By:________________________
SALLY A. ASHKAR, ESQ.
16.K.12.a
Packet Pg. 2605 Attachment: EXECUTED - 225FEE SFJ; Roe (17418 : Stipulated Final Judgment in the amount of $69,000)
[20-CA-3566/1647232/1]
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.: 20-CA-3566
v. Parcel 225FEE
GHANSHYAMBHAI M. PATEL; ALPHA PATEL;
STATE OF FLORIDA DEPARTMENT OF REVENUE;
PATRICK R. LEON; LOGAN J. ROE; DAVID S. ROE;
ARIEL CHAVEZ
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 225FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner, COLLIER
COUNTY, FLORIDA, and Respondent(s), LOGAN J. ROE AND DAVID S. ROE, by and through counsel,
for the entry of a Stipulated Final Judgment as to Parcel 225FEE 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(s), LOGAN J. ROE AND DAVID S. ROE, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Sixty-Nine Thousand and No/100 Dollars ($69,000.00)
for Parcel 225FEE, as full payment for the property interest taken, including damages and statutory interests,
in connection with said parcel.
2. Respondent(s), LOGAN J. ROE AND DAVID S. ROE, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Eight Thousand Four Hundred Eighty-One and No/100
Dollars ($8,481.00), for all attorney fees and costs associated with Parcel 225FEE and no other attorney fees
or costs shall be paid in this matter.
3. Respondent(s), LOGAN J. ROE AND DAVID S. ROE, shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Six Thousand Six Hundred Twenty-Five Dollars and
16.K.12.a
Packet Pg. 2606 Attachment: EXECUTED - 225FEE SFJ; Roe (17418 : Stipulated Final Judgment in the amount of $69,000)
[20-CA-3566/1647232/1]
No/100 Dollars ($6,625.00), for all expert fees and costs associated with Parcel 225FEE 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 Thousand Two Hundred and No/100 Dollars
($50,200.00), as payment for acquisition of Parcel 225FEE, 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 issue a check made payable to the Law Offices of John M. LeRoux, P.A. Trust Account in
the total sum of Thirty-Three Thousand Nine Hundred Six and No/100 Dollars ($33,906.00), as payment
for acquisition of Parcel 225FEE, and deliver said check to the Law Offices of John M. LeRoux, P.A., 3090
Charles Avenue, Suite 200, Clearwater, Florida 33761.
6. This Order disposes of all claims arising out of the taking of Parcel 225FEE that have or could
have been asserted in this cause.
7. 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 March 24, 2021, and the
deposit of money heretofore made, is approved, ratified, and confirmed.
8. Petitioner will construct the project in substantial conformance with the ninety percent (90%)
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. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book 5844, Page
3791 of the Public Records of Collier County, Florida is hereby dismissed as to Parcel 225FEE.
10. This Court reserves jurisdiction to enforce the terms of this Stipulated Final Judgment.
16.K.12.a
Packet Pg. 2607 Attachment: EXECUTED - 225FEE SFJ; Roe (17418 : Stipulated Final Judgment in the amount of $69,000)
[20-CA-3566/1647232/1]
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
____________, 2021.
_____________________________________
THE HONORABLE LAUREN BRODIE
Circuit Court Judge
Exhibit “A”
16.K.12.a
Packet Pg. 2608 Attachment: EXECUTED - 225FEE SFJ; Roe (17418 : Stipulated Final Judgment in the amount of $69,000)
VANDERBILT BEACH ROAD EXTENSION
PROJECT 60168 – PARCEL 225FEE
/
PARCEL 225FEE
16.K.12.b
Packet Pg. 2609 Attachment: Aerial 225FEE (17418 : Stipulated Final Judgment in the amount of $69,000)