Agenda 05/13/2025 Item #16K11 (To Settle full compensation for the taking of Parcel 1371FEE required for the construction of the Vanderbilt Beach Road Extension Project No. 60249)5/13/2025
Item # 16.K.11
ID# 2025-1478
Executive Summary
Recommendation to approve a Stipulated Order of Taking and Final Judgment in the amount of $148,000 plus
$13,371.28 in statutory attorney and experts’ fees and costs for the taking of Parcel 1371FEE required for the Vanderbilt
Beach Road Extension Project No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1371FEE required for the construction of the
Vanderbilt Beach Road Extension Project No. 60249.
CONSIDERATIONS: On July 9, 2024, the Board authorized, via Resolution No. 2024-135, the condemnation of
Parcel 1371FEE for the construction of roadway, drainage and utility improvements required for the expansion and
extension of Vanderbilt Beach Road from 16th Street NE to Everglades Blvd. The fee simple acquisition area consists
of a strip taking along the rear, southern boundary of the property and is approximately 0.76 acres in extent. The parent
tract includes vacant land owned by Shammioon Ahmad and contains 5 acres of gross land area, which will be reduced
to 4.24 acres after the acquisition. An aerial photograph of the subject property is attached. The County’s appraiser
estimated full compensation at $118,200 including severance damages. The property owner’s initial demand was
$220,900 plus attorney’s fees and expert fees and costs. The parties participated in informal negotiations and reached an
agreement. The attached Stipulated Order of Taking and Final Judgement reflects a negotiated compensation amount of
$148,000 plus $9,834 in statutory attorney’s fees, $3,537.28 in expert fees and costs, for a total of $161,371.28.
Staff 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.
This item is consistent with the Collier County strategic plan objective to design and maintain an effective transportation
system to reduce traffic congestion and improve the mobility of our residents and visitors.
FISCAL IMPACT: Funds of $161,541.28 which includes the Clerk’s $170.00 deposit fee, are available in the
Vanderbilt Beach Road Extension Project Capital Fund, Project 60249. The primary funding source for the acquisition
of right of way is through Road Impact Fee District Funds (3090, 3091, 3092, 3093, 3094, 3095) in the Vanderbilt
Beach Road from 16th to Everglades Project (60249). Should impact fees not be sufficient, the secondary funding
source will be Road Construction Gas Tax Fund (3083) and Transportation Capital Fund (3081).
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. –
CMG
RECOMMENDATIONS: To approve the attached Joint Motion and Stipulated Final Judgment and authorize the
payment of funds as stated herein.
PREPARED BY: Robert Bosch, Manager, Manager ROW Acquisition, Operations and Performance Management
ATTACHMENTS:
1. P1371FEE - Joint Motion for STIP OT and Final Judgment
2. Aerial - Parcel 1371FEE
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[25-CA-238/1936477/1]
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,
Plaintiff,
Case No. 25-CA-238
vs. Parcel 1371FEE
Shammioon Ahmad; Scott M. Leonard; Elisabeth M. Leonard;
Context Media Naples LLC; William Warren; Kristin Jeffries;
Jose A. Jaus; Joseph Patrick Jaus; William Nicholas Jaus; and
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR A STIPULATED ORDER OF TAKING AND FINAL
JUDGMENT AS TO PARCEL 1371FEE
COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent,
SHAMMIOON AHMAD, by and through undersigned counsel, and hereby respectfully moves
for entry of the Stipulated Order of Taking and Final Judgment, attached hereto as Exhibit “1”.
______________________________________
COLLEEN M. GREENE, ESQ.
Florida Bar No. 502650
Collier County Attorney’s Office
3299 E. Tamiami Trail, Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Colleen.Greene@colliercountyfl.gov
Sheri.Malcolm@colliercountyfl.gov
_/s/ Kenneth A. Jones_________
KENNETH A. JONES, ESQ.
Florida Bar No.
Hahn Loeser & Parks, LLP
2400 First St Ste 300
Fort Myers, FL 33901-2982
Office: 239-337-6722
KJones@hahnlaw.com
JStone@hahnlaw.com
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[25-CA-238/1936477/1]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated
Order of Taking and Final Judgment was electronically filed with the Florida Courts E-Filing
Portal on this _____ day of ___________________ 2025.
BY: _______________________________
COLLEEN M. GREENE, ESQ.
Page 4391 of 5243
[25-CA-238/1936477/1]
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,
Plaintiff,
Case No. 25-CA-238
vs. Parcel 1371FEE
Shammioon Ahmad; Scott M. Leonard; Elisabeth M. Leonard;
Context Media Naples LLC; William Warren; Kristin Jeffries;
Jose A. Jaus; Joseph Patrick Jaus; William Nicholas Jaus; and
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
STIPULATED ORDER OF TAKING & FINAL JUDGMENT FOR PARCEL 1371FEE
(with disbursement instructions to Clerk)
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, SHAMMIOON AHMAD, by and through
counsel, for entry of a Stipulated Order of Taking and Final Judgment as to Parcel 1371FEE for
Project No. 60249, 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 therefore
ORDERED AND ADJUDGED that:
1. The Court has jurisdiction of this cause, the parties hereto and the subject matter
hereof.
2. The pleadings in this cause are sufficient and the Petitioner is properly exercising
its delegated authority.
3. The property described herein as Parcel 1371FEE is being acquired for a public
purpose and is reasonably necessary to serve this public purpose.
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[25-CA-238/1936477/1]
4. The Declaration of Taking and Estimate of Value filed in this cause by the
Petitioner was made in good faith and based on a valid appraisal.
5. Respondent, SHAMMIOON AHMAD, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of One Hundred Forty-Eight Thousand Dollars and
No/100 ($148,000.00) for Parcel 1371FEE, as full payment for the property interest taken and
for any damages resulting to the remainder, and for all other damages and costs in connection
with said parcel.
6. Respondent, SHAMMIOON AHMAD, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Nine Thousand Eight Hundred Thirty-Four Dollars
and No/100 ($9,834.00) for all attorney’s fees and costs, and no other attorney’s fees and costs
shall be paid, in connection with said parcel.
7. Respondent, SHAMMIOON AHMAD, shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Three Thousand Five Hundred Thirty-Seven Dollars
and 28/100 ($3,537.28) for all expert fees and costs, and no other expert fees or costs shall be
paid in connection with said parcel.
8. The right and title to Parcel 1371FEE, being fully described in Exhibit “A”
attached hereto and incorporated herein, will vest in Petitioner COLLIER COUNTY upon
deposit of the amounts specified above into the Registry of this Court.
9. Within twenty (20) days from the date of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall deposit into the Court Registry the total sum of One Hundred
Sixty-One Thousand Three Hundred Seventy-One Dollars and 28/100 ($161,371.28) as
payment for acquisition of Parcel 1371FEE, at which time title to said parcel as described in
Exhibit “A” is vested in the name of the Petitioner.
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[25-CA-238/1936477/1]
10.Upon deposit, the Clerk of Courts shall disburse from the Court Registry as follows:
a. The Clerk shall disburse the sum of One Hundred Forty-One Dollars and
Sixty/100 ($141.60) (based on a $1.18 per day for 120 days for the period of Jan. 1, 2025, through
April 30, 2025) to the Collier County Tax Collector.
b. The Clerk shall disburse the remaining balance of One Hundred Sixty-One
Thousand Two Hundred Twenty-Nine Dollars and 68/100 ($161,229.68), to Respondent,
SHAMMIOON AHMAD, by issuing a check made payable to Hahn Loeser & Parks, LLP Trust
Account, and mailing it to Kenneth A. Jones, Esq., c/o Hahn Loeser & Parks, LLP, 2400 First
Street, Suite 300, Fort Myers, FL 33901.
11. County's initial construction of the subject project shall substantially conform
with the County's 90% construction plans, filed with the Court on March 25, 2025. The 90%
construction plans provide for two travel lanes; however, the right-of-way footprint is sufficient
to accommodate up to a six-lane road design for which Respondents are entitled to
compensation. Such compensation, if any, is reflected in the herein Final Judgment. No
additional compensation shall be due to Respondent for the actual future widening of Vanderbilt
Beach Road up to four-lanes or six-lanes, including related roadway improvements to Vanderbilt
Beach Road.
12. This Stipulated Order of Taking and Final Judgment disposes of all claims arising
out of the taking of Parcel 1371FEE and that have or could have been asserted in this cause.
13. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 6438, Page 3590 of the Public Records of Collier County, Florida is hereby
released as to Parcel 1371FEE.
14. The Court reserves jurisdiction to enforce the terms of this Stipulated Order of
Taking and Final Judgment.
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15. This Stipulated Order of Taking and Final Judgment is to be recorded in the
Official Records of Collier County, Florida.
Exhibit “A”
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AERIAL – PARCEL 1371FEE
(Vanderbilt Beach Road Extension Phase 2 Project No. 60249)
/
12th Ave NE
10th Ave NE
PARCEL 1371FEE
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