Agenda 09/14/2021 Item #16K 8 (Stipulated Final Judgement for VBR Ext. Project #60168)09/14/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $150,000 plus $36,746
in statutory attorney and experts’ fees and costs for the taking of Parcel 1225FEE/DE required for
the Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1225FEE/DE 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 1225FEE/DE 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 fee simple
acquisition area consists of a strip taking along the rear, southerly boundary of the property and i s
approximately 0.41 acres in extent. The drainage easement acquisition area is near the southeast corner of
the parent tract and is approximately 0.03 acres in extent. The parent tract is improved with a single family
home owned by Buu A. Kandathil and Dolly B. Kandathil and contains 2.73 acres of gross land area,
which will be reduced to 2.29 acres after the acquisition. An aerial photograph of the subject property is
attached. The County’s appraiser estimated full compensation at $99,900 including severance damages,
which was adjusted to $104,000 by the Transportation Engineering Division’s Review Appraiser to
account for increases in property prices since the date of the appraisal. The property owner’s initial
demand was $281,700 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 $150,000 plus $29,865 in statutory attorney’s fees and $6,881 in expert fees and costs, for a
total of $186,746.
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 $99,900 for its deposit of the good faith
estimate of value. Funds for the balance of $87,016, 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
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering Division
ATTACHMENT(S)
1. Aerial Parcel 1225FEE 1225DE (PDF)
16.K.8
Packet Pg. 3116
09/14/2021
2. P1225FEE-DE Le Roux Stip Final Judgment (002)(1) (DOCX)
16.K.8
Packet Pg. 3117
09/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.8
Doc ID: 19977
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$150,000 plus $36,746 in statutory attorney and experts’ fees and costs for the taking of Parcel
1225FEE/DE required for the Vanderbilt Beach Road Extension Project No. 60168.
Meeting Date: 09/14/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Jessica Hayes
09/03/2021 11:48 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/03/2021 11:48 AM
Approved By:
Review:
Growth Management Department Trinity Scott Additional Reviewer Completed 09/03/2021 11:49 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 09/03/2021 1:38 PM
Transportation Engineering Patricia Braxton Additional Reviewer Completed 09/03/2021 1:41 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 09/03/2021 2:38 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 09/03/2021 2:54 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 09/03/2021 4:18 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/03/2021 4:30 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/07/2021 8:18 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/07/2021 11:01 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/07/2021 1:37 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM
16.K.8
Packet Pg. 3118
AERIAL – PARCELS 1225FEE & 1225DE
VANDERBILT BEACH RD EXT PROJECT 60168
PARCEL 1225FEE /
PARCEL 1225DE
16.K.8.a
Packet Pg. 3119 Attachment: Aerial Parcel 1225FEE 1225DE (19977 : Recommendation to approve a Stipulated Final Judgment for the taking of Parcel
[21-CA-1344/1657698/1]
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-1344
v. Parcel 1225FEE/DE
DARIO A. AVILES; WELLS FARGO BANK, NA;
MIGUEL MEJIA; LUZ MEJIA; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC;
WILLIAM E. PIND; MELISSA J. PIND; BUU A. KANDATHIL;
DOLLY B. KANDATHIL; COLLIER COUNTY TAX COLLECTOR;
GRAYSEN P. JOHNSON, II; PERSEPHONE JOHNSON;
UNKNOWN TENANT(S)
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1225FEE/DE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, BUU A.
KANDATHIL and DOLLY B. KANDATHIL, by and through undersigned counsel, hereby
respectfully move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel
1225FEE/DE 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
john@jmleroux.com
pleadings@jmleroux.com
16.K.8.b
Packet Pg. 3120 Attachment: P1225FEE-DE Le Roux Stip Final Judgment (002)(1) (19977 : Recommendation to approve a Stipulated Final Judgment for the
[21-CA-1344/1657698/1]
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
September 2021.
By:________________________
SALLY A. ASHKAR, ESQ.
16.K.8.b
Packet Pg. 3121 Attachment: P1225FEE-DE Le Roux Stip Final Judgment (002)(1) (19977 : Recommendation to approve a Stipulated Final Judgment for the
[21-CA-1344/1657698/1]
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-1344
v. Parcel 1225FEE/DE
DARIO A. AVILES; WELLS FARGO BANK, NA;
MIGUEL MEJIA; LUZ MEJIA; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC;
WILLIAM E. PIND; MELISSA J. PIND; BUU A. KANDATHIL;
DOLLY B. KANDATHIL; COLLIER COUNTY TAX COLLECTOR;
GRAYSEN P. JOHNSON, II; PERSEPHONE JOHNSON;
UNKNOWN TENANT(S)
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1225FEE/DE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, BUU A. KANDATHIL AND DOLLY B.
KANDATHIL, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel
1225FEE/DE 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, BUU A. KANDATHIL and DOLLY B. KANDATHIL, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of One Hundred Fifty
Thousand and No/100 Dollars ($150,000.00) for Parcel 1225FEE/DE, as full payment for the
property interest taken, in connection with said parcel.
2. Respondent, BUU A. KANDATHIL and DOLLY B. KANDATHIL, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Twenty-Nine Thousand
Eight Hundred Sixty-Five and No/100 Dollars ($29,865.00), for all attorney fees and costs
associated with the acquisition of Parcel 1225FEE/DE.
16.K.8.b
Packet Pg. 3122 Attachment: P1225FEE-DE Le Roux Stip Final Judgment (002)(1) (19977 : Recommendation to approve a Stipulated Final Judgment for the
[21-CA-1344/1657698/1]
3. Respondent, BUU A. KANDATHIL and DOLLY B. KANDATHIL, shall recover
from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Six Thousand Eight Hundred
Eighty-One Dollars and No/100 Dollars ($6,881.00), for all expert fees and costs associated with
the acquisition of Parcel 1225FEE/DE, 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 Ninety-Nine Thousand Nine
Hundred and No/100 Dollars ($99,900.00), as payment for the acquisition of Parcel
1225FEE/DE, 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 Eighty-Six Thousand Eight Hundred Forty-
Six and No/100 Dollars ($86,846.00), by mailing a check payable to John M. LeRoux, Law
Offices of John M. LeRoux, P.A., 3090 Charles Ave #200, Clearwater, FL 33761.
6. 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.
7. This Order disposes of all claims arising out of the taking of Parcel 1225FEE/DE
that have or could have been asserted in this cause.
8. 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
July 20, 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
5945, Page 111 of the Public Records of Collier County, Florida be dismissed as to Parcel
1225FEE/DE.
16.K.8.b
Packet Pg. 3123 Attachment: P1225FEE-DE Le Roux Stip Final Judgment (002)(1) (19977 : Recommendation to approve a Stipulated Final Judgment for the
[21-CA-1344/1657698/1]
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.
DONE AND ORDERED in Chambers, Naples, Collier County, Florida, on this ____ day
of ____________, 2021.
_____________________________________
THE HONORABLE HUGH D. HAYES
Circuit Court Judge
Exhibit “A”
16.K.8.b
Packet Pg. 3124 Attachment: P1225FEE-DE Le Roux Stip Final Judgment (002)(1) (19977 : Recommendation to approve a Stipulated Final Judgment for the