Agenda 05/13/2025 Item #16K 8 (To Settle full compensation for the taking of Parcel 1290FEE required for the construction of the Vanderbilt Beach Road Extension Project No. 60249)5/13/2025
Item # 16.K.8
ID# 2025-1465
Executive Summary
Recommendation to approve a Stipulated Order of Taking and Final Judgment in the amount of $85,000 plus $24,080.06
in statutory attorney and experts’ fees and costs for the taking of Parcel 1290FEE required for the Vanderbilt Beach Road
Extension Project No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1290FEE 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 1290FEE 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 0.17 acres in extent. The parent
tract includes one single-family home and associated site improvements owned by Anderson Diaz Luzon and Abdis
Cruz and contains 1.14 acres of gross land area, which will be reduced to 0.97 acres after the acquisition. An aerial
photograph of the subject property is attached. The County’s appraiser estimated full compensation at $53,400 including
severance damages. The property owner’s initial demand was $218,100 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 $85,000 plus $10,428 in statutory attorney’s fees,
$13,652.06 in expert fees and costs, for a total of $109,080.06.
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.
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 $109,250.06, 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. FINAL 1290FEE - Joint Motion for STIP OT and FJ
2. Aerial - Parcel 1290FEE
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[25-CA-205/1939750/1]
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-205
vs. Parcel: 1290FEE
Mark Bernstein; Lisa Bernstein; Mortgage Electronic
Registration Systems, Inc., Anderson J. Diaz Luzon; Abdis Garcia Cruz;
Yvette Hernandez; Yvonne Troise; Robert R. McCluan as
Trustee of the Robert R. McCluan Trust dated May 31, 2007; and
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR A STIPULATED ORDER OF TAKING AND FINAL
JUDGMENT AS TO PARCEL 1290FEE
COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents,
ANDERSON J. DIAZ LUZON AND ABDIS GARCIA CRUZ, as property owners to Parcel
1290FEE and Respondent, CROSSCOUNTRY MORTGAGE, LLC, (“Mortgagee”), by and
through undersigned counsel, and hereby respectfully move 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
Attorney for Petitioner
__/s/ Anthony V. Policastro_________
ANTHONY V. POLICASTRO, ESQ.
Florida Bar No. 937932
Policastro Law Group
1700 N McMullen Booth Rd Ste C5
Clearwater, FL 33759-2129
Office: 727-475-1988
Fax: 727-674-1771
tony@policastrolaw.com
eric@policastrolaw.com
yadi@policastrolaw.com
Attorney for Respondents
Anderson J. Diaz Luzon and Abdis Garcia
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[25-CA-205/1939750/1]
_/s/ Pratik Patel__________
PRATIK R. PATEL, ESQ.
Florida Bar No. 98057
De Cubas & Lewis, P.A.
P.O. Box 771270
Coral Springs, FL 33077
Telephone: (954) 453-0365
Fax: (954) 771-6052
eservice@decubaslewis.com
Pratik.patel@decubaslewis.com
Attorney for Respondent Crosscountry Mortgage, LLC,
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.
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[25-CA-205/1939750/1]
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-205
vs. Parcel: 1290FEE
Mark Bernstein; Lisa Bernstein; Mortgage Electronic
Registration Systems, Inc., Anderson J. Diaz Luzon; Abdis Garcia Cruz;
Yvette Hernandez; Yvonne Troise; Robert R. McCluan as
Trustee of the Robert R. McCluan Trust dated May 31, 2007; and
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
STIPULATED ORDER OF TAKING & FINAL JUDGMENT FOR PARCEL 1290FEE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, ANDERSON J. DIAZ LUZON AND ABDIS
GARCIA CRUZ, as property owners to Parcel 1290FEE and Respondent, CROSSCOUNTRY
MORTGAGE, LLC, (“Mortgagee”), by and through counsel, for entry of a Stipulated Order of
Taking and Final Judgment as to Parcel 1290FEE 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.
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[25-CA-205/1939750/1]
3. The property described herein as Parcel 1290FEE 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. Respondents, ANDERSON J. DIAZ LUZON AND ABDIS GARCIA CRUZ shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Eighty-Five
Thousand Dollars and No/100 ($85,000.00), subject to apportionment, if any, for Parcel
1290FEE, 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. Respondents, ANDERSON J. DIAZ LUZON AND ABDIS GARCIA CRUZ shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Ten Thousand Four
Hundred Twenty-Eight Dollars and No/100 ($10,428.00) for all attorney’s fees and costs, and
no other attorney’s fees or costs shall be paid in connection with said parcel.
7. Respondents, ANDERSON J. DIAZ LUZON AND ABDIS GARCIA CRUZ shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Thirteen Thousand
Six Hundred Fifty-Two Dollars and 06/100 ($13,652.06) 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 1290FEE, 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 Eighty-Five
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[25-CA-205/1939750/1]
Thousand Dollars and No/100 ($85,000.00), as payment for acquisition of Parcel 1290FEE, at
which time title to said parcel as described in Exhibit “A” is vested in the name of the Petitioner.
10. Upon deposit, the Clerk of Courts shall disburse from the Court Registry as follows:
a. The Clerk shall disburse the sum of Thirty-Six Dollars and 12/100 ($36.12) (based
on a $0.28 per day for 129 days for the period of January 1, 2025, through May 9, 2025) to the
Collier County Tax Collector.
b. The Clerk shall disburse Nine Thousand Nine Hundred Sixty-Three Dollars and
88/100 ($9,963.88), to Respondents, ANDERSON J. DIAZ LUZON AND ABDIS GARCIA
CRUZ, by issuing a check made payable to the Trust Account of Policastro Law Group, LLC, and
mailing it to Anthony Policastro, Esq., Policastro Law Group, 1700 N McMullen Booth Rd Ste
C5, Clearwater, FL 33759-2129.
c. The Clerk shall disburse Seventy-Five Thousand Dollars and No/100
($75,000.00) to Crosscountry Mortgage, LLC, to be applied toward the reduction of the principal
balance of Respondents’ Mortgage recorded on March 31, 2022 in Book 6105, Page 3472 as
Instrument 6228958 in Collier County, by issuing a check made payable to the Trust Account of
De Cubas & Lewis, P.A. and mailing it to Pratik R. Patel, Esq., De Cubas & Lewis, P.A., P.O.
Box 5026, Fort Lauderdale, FL 33310.
11. Within thirty (30) days from the date of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall issue a check payable to the Trust Account of Policastro Law Group,
LLC, in the total sum of Twenty-Four Thousand Eighty Dollars and 06/100 (24,080.06) for the
attorney’s fees, expert fees, and costs, referenced above.
12. County's initial construction of the subject project shall substantially conform with
the County's 90% construction plans, filed with the Court on March 26, 2025. In the event the
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initial project is not so constructed, Respondents reserve the right to claim additional damages, if
any, including attorney’s fees, in accordance with Central & Southern Florida Flood Control
District v. Wye River Farms, Inc., 297 So.2d 323 (Fla. 4th DCA 1974). 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 Respondents for the future
widening of Vanderbilt Beach Road up to four-lanes or six-lanes, including related roadway
improvements to Vanderbilt Beach Road.
13. This Stipulated Order of Taking and Final Judgment disposes of all claims arising
out of the taking of Parcel 1290FEE and that have or could have been asserted in this cause.
14. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 6438, Page 1529 of the Public Records of Collier County, Florida is hereby released
as to Parcel 1290FEE.
15. The Court reserves jurisdiction to enforce the terms of this Stipulated Order of
Taking and Final Judgment.
16. 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 1290FEE
(Vanderbilt Beach Road Extension Phase 2 Project No. 60249)
/
PARCEL 1290FEE
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