Agenda 04/08/2025 Item #16K3 (Stipulated Order of Taking and Final Judgment for the VBR EXT Project)4/8/2025
Item # 16.K.3
ID# 2025-1043
Executive Summary
Recommendation to approve a Stipulated Order of Taking and Final Judgment in the amount of $87,000 plus $5,280 in
statutory attorney fees for the taking of Parcel 1356FEE required for the Vanderbilt Beach Road Extension Project No.
60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1356FEE 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 1356FEE 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, northerly boundary of the property and is approximately 0.34 acres in extent. The parent
tract includes one single-family home and associated site improvements owned by Aurelio Rendon Pascual and contains
2.27 acres of gross land area, which will be reduced to 1.93 acres after the acquisition. An aerial photograph of the
subject property is attached. The County’s appraiser estimated full compensation at $71,000 including severance
damages. The property owner proposed a settlement at $87,000 plus attorney’s fees. The attached Stipulated Order of
Taking and Final Judgment reflects a negotiated compensation amount of $87,000 plus $5,280 in statutory attorney’s
fees, for a total of $92,280.
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 $92,450 are required, being the compensation amount of $92,280 including statutory
attorney's fees, and the Clerk's $170.00 deposit fee. 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 sources will be Road
Construction Gas Tax Fund (3083) and Transportation Capital Fund (3081).
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board
approval. - SAA
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, ROW Acquisition, Operations & Performance Management Division
ATTACHMENTS:
1. Aerial - Parcel 1356FEE
2. P1356FEE - Joint Motion for STIP OT and FJ(1)
Page 4999 of 5277
AERIAL – PARCEL 1356FEE
(Vanderbilt Beach Road Extension Phase 2 Project No. 60249)
/
12th Ave NE
10th Ave NE
PARCEL 1356FEE
Page 5000 of 5277
[25-CA-222/1929471/1]
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-222
vs. Parcel: 1356FEE
Chavers LLC; Aurelio Rendon Pascual; Margarita Rojas;
Fernando Hernandez, LLC; Unknown Tenant(s); QFC
Properties, LLC; Lux-Naples, LLC, a Florida limited
liability company (dissolved); Mortgage Electronic
Registration Systems, Inc; Luciano Zela; Juan A. Miranda Ortiz;
Loida Jeannot; Florida Pace Funding Agency; Delbi Javier;
Anny Javier; Rendon Real Estate LLC; and
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR A STIPULATED ORDER OF TAKING AND FINAL
JUDGMENT AS TO PARCEL 1356FEE
COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent,
AURELIO RENDON PASCUAL, 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
SALLY A. ASHKAR, Esq.
Florida Bar No. 1007665
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
Sally.Ashkar@colliercountyfl.gov
Sheri.Malcolm@colliercountyfl.gov
___/s/ ANDREW G. DIAZ____
ANDREW G. DIAZ, ESQ.
Florida Bar No. 974196
Gaylord Merlin Ludovici & Diaz
5001 W Cypress St
Tampa, FL 33607-3803
Office: 813-221-9000
Fax: 813-221-9030
adiaz@gaylordmerlin.com
ccarlson@gaylordmerlin.com
Page 5001 of 5277
[25-CA-222/1929471/1]
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 and sent to all parties on the Service
List.
BY: _______________________________
SALLY A. ASHKAR, ESQ.
PARCEL NO. 1356FEE
Aurelio Rendon Pascual
c/o Andrew Diaz, Esq.
Margarita Rojas
420 15th St SW
Naples, FL 34117
Fernando Hernandez, LLC
c/o R.A. MORAN, DAVID
4762 CAPRI DR
NAPLES, FL 34103
Rendon Real Estate LLC
c/o R.A. Steven J. Cooper
4001 SANTA BARBARA BLVD, # 366
NAPLES, FL 34104
Unknown Tenant(s)
2775 10th Ave NE
Naples, FL 34120
QFC Properties, LLC
c/o R.A. SILVAS FINANCIAL SERVICES, LLC
5220 S UNIVERSITY DR
STE C-102
DAVIE, FL 33328
MTG OR 5365, PG 2829
Lux-Naples, LLC, a Florida limited liability company (dissolved)
c/o R.A. DELGADO, DIOMIG
758 11TH STREET NW
Naples, FL 34120
MTG OR 5365, PG 2829
Page 5002 of 5277
[25-CA-222/1929471/1]
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
c/o C T CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION, FL 33324
MTG OR 5852, PG 2388
Rob Stoneburner, Collier County Tax Collector
c/o Luis E. Rivera II, Esq.
Page 5003 of 5277
[25-CA-222/1929471/1]
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-222
vs. Parcel: 1356FEE
Chavers LLC; Aurelio Rendon Pascual; Margarita Rojas;
Fernando Hernandez, LLC; Unknown Tenant(s); QFC
Properties, LLC; Lux-Naples, LLC, a Florida limited
liability company (dissolved); Mortgage Electronic
Registration Systems, Inc; Luciano Zela; Juan A. Miranda Ortiz;
Loida Jeannot; Florida Pace Funding Agency; Delbi Javier;
Anny Javier; Rendon Real Estate LLC; and
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
STIPULATED ORDER OF TAKING & FINAL JUDGMENT FOR PARCEL 1356FEE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, AURELIO RENDON PASCUAL, by and
through counsel, for entry of a Stipulated Order of Taking and Final Judgment as to Parcel
1356FEE 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.
Page 5004 of 5277
[25-CA-222/1929471/1]
3. The property described herein as Parcel 1356FEE is being acquired for a public
purpose and is reasonably necessary to serve this public purpose.
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, AURELIO RENDON PASCUAL shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Eighty-Seven Thousand Dollars and
No/100 ($87,000.00) for Parcel 1356FEE, subject to apportionment, if any, 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, AURELIO RENDON PASCUAL shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Five Thousand Two Hundred Eighty
Dollars and No/100 ($5,280.00) for all attorney’s fees and costs, and no other attorney’s fees or
costs shall be paid in connection with said parcel.
7. The right and title to Parcel 1356FEE, 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.
8. Within twenty (20) days from the date of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall deposit into the Court Registry the total sum of Eighty-Seven
Thousand Dollars and No/100 ($87,000.00), as payment for acquisition of Parcel 1356FEE, at
which time title to said parcel as described in Exhibit “A” is vested in the name of the Petitioner.
9.Within thirty (30) days from the date of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall issue a check to Gaylord Merlin Ludovici & Diaz, P.L., in the total
sum of Five Thousand Two Hundred Eighty Dollars and No/100 ($5,280.00) as payment for
Page 5005 of 5277
[25-CA-222/1929471/1]
all attorney’s fees and costs, and mail to Andrew Diaz, Esq., 5001 W. Cypress Street, Tampa, FL
33609.
10. This Stipulated Order of Taking and Final Judgment disposes of all claims arising
out of the taking of Parcel 1356FEE and that have or could have been asserted in this cause.
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. No additional compensation shall be due to
Respondent for the future widening of Vanderbilt Beach Road up to four-lanes or six-lanes,
including related roadway improvements to Vanderbilt Beach Road.
12. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 6438, Page 2020 of the Public Records of Collier County, Florida is hereby
released as to Parcel 1356FEE.
13. The Court reserves jurisdiction to enforce the terms of this Stipulated Order of
Taking and Final Judgment.
14. This Stipulated Order of Taking and Final Judgment is to be recorded in the
Official Records of Collier County, Florida.
Page 5006 of 5277
[25-CA-222/1929471/1]
Exhibit “A”
Page 5007 of 5277