Agenda 04/12/2022 Item #16K10 (Stipulated Final Judgement Parcel 275RDUE Project #60168) )04/12/2022
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $40,000 plus $15,785.47
in statutory attorney fees, experts’ fees and costs, for the taking of Parcel 275RDUE required for
the Vanderbilt Beach Road Extension Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 275RDUE 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 275RDUE 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 perpetual,
non-exclusive, road right-of-way, drainage, and utility easement (RDUE) acquisition area is located along
the westerly boundary of the property and is approximately .077 acres in extent. The parent tract is
unimproved land owned by Ariel Chavez and contains 1.17 acres of gross land area at the southeast
corner of the new intersection of Vanderbilt Beach Road and Wilson Blvd. An aerial photograph of the
subject property is attached. The County’s date of deposit appraisal concluded to a value of $17,000
including severance damages. The property owner’s initial demand was $60,400 plus attorney’s fees and
expert fees and costs. The parties participated in informal negotiations and reached an agreement subject
to Board approval. The attached Stipulated Final Judgment reflects a negotiated compensation amount of
$40,000 plus $10,032 statutory attorney’s fees, and $5,753.47 in expert fees and costs for a total of
$55,785.47.
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 $16,300 for its deposit of the good faith
estimate of value. Funds for the balance of $39,485.47, are available in t he Vanderbilt Beach Road
Extension, Project 60168. The funds will be disbursed to the attorney’s trust account. 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.
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering Division
ATTACHMENT(S)
1. P275RDUE Joint Motion for Stip Final Judgment (DOCX)
2. Aerial Depiction 275RDUE (PDF)
16.K.10
Packet Pg. 1940
04/12/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.10
Doc ID: 21840
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$40,000 plus $15,785.47 in statutory attorney fees, experts’ fees and costs, for the taking of Parcel
275RDUE required for the Vanderbilt Beach Road Extension Project No. 60168.
Meeting Date: 04/12/2022
Prepared by:
Title: – County Attorney's Office
Name: Madison Bird
04/01/2022 2:38 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
04/01/2022 2:38 PM
Approved By:
Review:
Growth Management Department Lisa Taylor Additional Reviewer Completed 04/01/2022 2:45 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 04/01/2022 3:05 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 04/01/2022 3:08 PM
Growth Management Department Jeanne Marcella Transportation Completed 04/01/2022 3:52 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 04/04/2022 1:40 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/04/2022 1:43 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/04/2022 2:19 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 04/04/2022 2:59 PM
County Manager's Office Mark Isackson Level 4 County Manager Review Completed 04/04/2022 3:35 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/12/2022 9:00 AM
16.K.10
Packet Pg. 1941
[20-CA-3566/1710553/1]
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 275RDUE
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 275RDUE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, ARIEL
CHAVEZ, by and through undersigned counsel, hereby respectfully move this Court for the entry
of the foregoing Stipulated Final Judgment as to Parcel 275RDUE 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 RESPONDENT(S)
Colleen.Greene@colliercountyfl.gov kjones@hahnlaw.com
Sheri.Malcolm@colliercountyfl.gov jstone@hahnlaw.com
16.K.10.a
Packet Pg. 1942 Attachment: P275RDUE Joint Motion for Stip Final Judgment (21840 : Approve a Stipulated Final Judgment for Parcel 275RDUE)
[20-CA-3566/1710553/1]
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
April 2022.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
16.K.10.a
Packet Pg. 1943 Attachment: P275RDUE Joint Motion for Stip Final Judgment (21840 : Approve a Stipulated Final Judgment for Parcel 275RDUE)
[20-CA-3566/1710553/1]
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 275RDUE
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 275RDUE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, ARIEL CHAVEZ, by and through counsel,
for the entry of a Stipulated Final Judgment as to Parcel 275RDUE 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, ARIEL CHAVEZ, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Forty Thousand and No/100 Dollars ($40,000.00) for
Parcel 275RDUE, as full payment for the property interest taken, in connection with said Parcel.
2. Respondent, ARIEL CHAVEZ, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Ten Thousand Thirty-Two and No/100 Dollars
($10,032.00), for all attorney fees and costs associated with the acquisition of Parcel 275RDUE.
3. Respondent, ARIEL CHAVEZ, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Five Thousand Seven Hundred Fifty-Three Dollars
16.K.10.a
Packet Pg. 1944 Attachment: P275RDUE Joint Motion for Stip Final Judgment (21840 : Approve a Stipulated Final Judgment for Parcel 275RDUE)
[20-CA-3566/1710553/1]
and 47/100 Dollars ($5,753.47), for all expert fees and costs associated with the acquisition of
Parcel 275RDUE, 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 Sixteen Thousand Three Hundred
and No/100 Dollars ($16,300.00), as payment for the acquisition of Parcel 275RDUE, 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 Thirty-Nine Thousand Four Hundred Eighty-
Five and 47/100 Dollars ($39,485.47), representing the total sum due for the acquisition of Parcel
275RDUE, attorney’s fees, costs, and expert fees, by issuing a check made payable to Hahn Loeser
& Parks, LLP, Trust Account, and mailing it to Kenneth A. Jones, Esq., 2400 First Street, Suite
300, Fort Myers, FL 33901.
6. This Order disposes of all claims arising out of the taking of Parcel 275RDUE that
have or could have been asserted in this cause.
7. Although the property now falls below the minimum lot size of 2.25 acres as a
result of the public acquisition, the rights and entitlements of the property shall remain the same
as prior to the 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, or other dimensional
requirements, can have reduced dimensions equal to that of the acquisition area.
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
March 23, 2021, and the deposit of money heretofore made, is approved, ratified, and confirmed.
16.K.10.a
Packet Pg. 1945 Attachment: P275RDUE Joint Motion for Stip Final Judgment (21840 : Approve a Stipulated Final Judgment for Parcel 275RDUE)
[20-CA-3566/1710553/1]
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 be dismissed as to Parcel
275RDUE.
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 ____________, 2022.
_____________________________________
THE HONORABLE LAUREN BRODIE
Circuit Court Judge
Exhibit “A”
16.K.10.a
Packet Pg. 1946 Attachment: P275RDUE Joint Motion for Stip Final Judgment (21840 : Approve a Stipulated Final Judgment for Parcel 275RDUE)
AERIAL – PARCEL 275RDUE
(Vanderbilt Beach Rd. Ext. Project No. 60168)
/ EXISTING RIGHT-OF-WAY PARCEL 275RDUE
16.K.10.b
Packet Pg. 1947 Attachment: Aerial Depiction 275RDUE (21840 : Approve a Stipulated Final Judgment for Parcel 275RDUE)