Agenda 07/13/2021 Item #16K33 (Stipulated Final Judgement - Parcel 196FEE)07/13/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $62,350 plus $14,273.34
in statutory attorneys’ fees and expert fees and costs, for the taking of Parcel 196FEE, required for
the Vanderbilt Beach Road Extension Project, 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 196FEE 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 196FEE 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, northerly boundary of the property and is
approximately .38 acres (16,462 square feet) in size. The parent tract is unimproved vacant land owned by
Ghanshyambhai M. and Alpha Patel 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 to this item for
reference. The property owner’s initial demand was $77,300 plus attorney’s fees and expert costs. The
County’s appraiser estimated full compensation at $41,700 including severance damages. Through
negotiations, the parties agreed to a total compensation amount of $62,350, plus $8,695.50 in statutory
attorneys’ fees and costs and $5,577.84 in expert fees and costs, for a total of $76,623.34.
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 $41,700 based on its deposit of the good faith
estimate of value. Funds for the balance of $35,093.34 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. - 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 his
designee to process payment of additional statutory attorney’s fees for su pplemental proceedings, if any,
as authorized by Ch. 73, Fla. Stat.
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering
Division, Growth Management Department
ATTACHMENT(S)
1. P196FEE-Stip FJ (revised) (PDF)
2. AERIAL Depiction 196FEE (PDF)
16.K.33
Packet Pg. 2777
07/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.33
Doc ID: 17468
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$62,350 plus $14,273.34 in statutory attorneys’ fees and expert fees and costs, for the taking of Parcel
196FEE, required for the Vanderbilt Beach Road Extension Project, 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: 07/13/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
07/06/2021 1:19 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
07/06/2021 1:19 PM
Approved By:
Review:
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 07/06/2021 1:26 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 07/06/2021 1:33 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 07/06/2021 2:15 PM
Growth Management Department Trinity Scott Additional Reviewer Completed 07/06/2021 4:26 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 07/07/2021 8:10 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/07/2021 8:34 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 07/07/2021 8:37 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/07/2021 10:32 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/07/2021 10:35 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
16.K.33
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[20-CA-3566/1648013/1]
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. Parcels: 196FEE
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 STIPULATED FINAL JUDGMENT AS TO PARCEL 196FEE
Petitioner, COLLIER COUNTY, and Respondent(s), GHANSHYAMBHAI M. PATEL;
ALPHA PATEL, by and through undersigned counsel, jointly move this Honorable Court for the
entry of the proposed Stipulated Final Judgment as to Parcel 196FEE, attached hereto as Exhibit
“1”.
____________________________ _/s/ KENNETH A. JONES_______
COLLEEN M. GREENE, ESQ. KENNETH A. JONES, ESQ
Florida Bar No. 502650 Florida Bar No. 200158
Collier County Attorney’s Office Hahn Loeser & Parks, LLP
3299 E. Tamimi Trail, Suite 800 2400 First Street, Suite 300
Naples, FL 34112 Fort Myers, FL 33901-2904
Telephone: (239) 252-8400 Telephone: (239) 337-6727
COUNSEL FOR PETITIONER COUNSEL FOR RESPONDENTS
Colleen.Greene@colliercountyfl.gov kjones@hahnlaw.com
Sheri.Malcolm@colliercountyfl.gov jstone@hahnlaw.com
16.K.33.a
Packet Pg. 2779 Attachment: P196FEE-Stip FJ (revised) (17468 : Approval of Stipulated Final Judgment for Parcel 196FEE)
[20-CA-3566/1648013/1]
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
________ 2021.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
16.K.33.a
Packet Pg. 2780 Attachment: P196FEE-Stip FJ (revised) (17468 : Approval of Stipulated Final Judgment for Parcel 196FEE)
[20-CA-3566/1648013/1]
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. Parcels: 196FEE
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 196FEE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, and Respondent(s), GHANSHYAMBHAI M. PATEL; ALPHA PATEL,
by and through counsel, for entry of a Stipulated Final Judgment as to Parcel 196FEE, for Project
No. 60168, and it appearing to the 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 thereupon
ORDERED AND ADJUDGED that:
1. Respondents, GHANSHYAMBHAI M. PATEL; ALPHA PATEL, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Sixty-Two Thousand Three
Hundred Fifty and No/100 Dollars ($62,350.00), for Parcel 196FEE, subject to apportionment,
if any, as full payment for the property interest taken and for any damages resulting to the
remainder, if less than the entire property was taken, in connection with said parcel.
16.K.33.a
Packet Pg. 2781 Attachment: P196FEE-Stip FJ (revised) (17468 : Approval of Stipulated Final Judgment for Parcel 196FEE)
[20-CA-3566/1648013/1]
2. Respondents, GHANSHYAMBHAI M. PATEL; ALPHA PATEL, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Eight Thousand Six Hundred
Ninety-Five and 50/100 Dollars ($8,695.50), for all attorney’s fees and costs in connection with
the acquisition of Parcel 196FEE. Respondent reserves 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, GHANSHYAMBHAI M. PATEL; ALPHA PATEL, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Five Thousand Five Hundred
Seventy Seven and 84/100 Dollars ($5,577.84), for all expert fees and costs in connection with
the acquisition of Parcel 196FEE, and no other expert fees and/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 deposited in the amount of Forty-One Thousand Seven Hundred and
No/100 Dollars ($41,700.00), as payment for acquisition of Parcel 196FEE.
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 Thirty-Four
Thousand Nine Hundred Twenty-Three and 34/100 ($34,923.34), for Parcel 196FEE, as
referenced in the above paragraphs.
6. Immediately upon deposit, the Clerk of Courts shall disburse from the Court’s
Registry the sum of Fourteen Thousand Two Hundred Seventy-Three Dollars and 34/100
($14,273.34) by mailing a check to Kenneth A. Jones, Esq., Hahn Loeser & Parks, LLP, 2400 First
Street, Suite 300, Fort Myers, FL 33901-2904.
7. 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
16.K.33.a
Packet Pg. 2782 Attachment: P196FEE-Stip FJ (revised) (17468 : Approval of Stipulated Final Judgment for Parcel 196FEE)
[20-CA-3566/1648013/1]
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.
8. This Order disposes of all claims arising out of the taking of Parcel 196FEE, and
that have, or could have, been asserted in this cause.
9. A Fee Simple taking of Parcel 196FEE being fully described in Exhibit “A”
attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking
dated March 23, 2021, and the deposit of money heretofore made, is approved, ratified, and
confirmed.
10. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 5844, Page 3791 of the Public Records of Collier County, Florida is hereby released
as to Parcel 196FEE.
11. The Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
DONE AND ORDERED in Chambers, Collier County, Naples, Florida, this ___ day of
______ 2021.
THE HONORABLE LAUREN L. BRODIE
Circuit Court Judge
Conformed Copies to:
Colleen M. Greene, Esq., Counsel for Petitioner, Colleen.Greene@colliercountyfl.gov;
Sheri.Malcolm@colliercountyfl.gov
Kenneth A. Jones, Esq., Counsel for Respondent(s), kjones@hahnlaw.com;
jstone@hahnlaw.com
Clerk’s Office, Accounting
16.K.33.a
Packet Pg. 2783 Attachment: P196FEE-Stip FJ (revised) (17468 : Approval of Stipulated Final Judgment for Parcel 196FEE)
[20-CA-3566/1648013/1]
16.K.33.a
Packet Pg. 2784 Attachment: P196FEE-Stip FJ (revised) (17468 : Approval of Stipulated Final Judgment for Parcel 196FEE)
[20-CA-3566/1648013/1]
Exhibit “A”
16.K.33.a
Packet Pg. 2785 Attachment: P196FEE-Stip FJ (revised) (17468 : Approval of Stipulated Final Judgment for Parcel 196FEE)
AERIAL – PARCEL 196FEE
(Vanderbilt Beach Rd. Ext. Project No. 60168)
/
PARCEL 196FEE
16.K.33.b
Packet Pg. 2786 Attachment: AERIAL Depiction 196FEE (17468 : Approval of Stipulated Final Judgment for Parcel 196FEE)