Agenda 05/13/2025 Item #16K15 (To Settle full compensation for the taking of Parcel 1319FEE required for the construction of the Vanderbilt Beach Road Extension Project No. 60249)5/13/2025
Item # 16.K.15
ID# 2025-1505
Executive Summary
Recommendation to approve a Stipulated Order of Taking and Final Judgment in the amount of $115,000 plus $27,470
in statutory attorney and expert fees and costs for the taking of Parcel 1319FEE required for the Vanderbilt Beach Road
Extension Project No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1319FEE 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 1319FEE 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, southerly 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 Thomas Madigan 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 $56,000 including severance damages. The
property owner’s initial demand was $370,900, 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 $115,000, plus $19,470 in statutory attorney’s fees and $8,000 in expert fees and costs, for a total of
$142,470.
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 $142,640, 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 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. P1319FEE - Joint Motion for STIP OT and FJ with partial disb(3)
2. Aerial - Parcel 1319FEE
Page 4421 of 5243
[25-CA-218/1942527/1]
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-218
vs. Parcel 1319FEE
Monfort Cherelus; Brunette Cherelus; Jacqueline
Roque De Escobar; Mortgage Electronic Registration
Systems, Inc., Sunshine Way Investments LLC, a
Florida limited liability company; Thomas E. Madigan;
Suntrust Bank NKA Truist Bank; U.S. Small Business Administration;
Trois Etoiles, LLC; and Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR A STIPULATED ORDER OF TAKING AND FINAL
JUDGMENT AS TO PARCEL 1319FEE
COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent,
THOMAS E. MADIGAN, by and through the 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/ JOHN M. LEROUX___
JOHN M. LEROUX, ESQ.
Florida Bar No. 773166
LeRoux Law
13065 W. Linebaugh Ave., Ste 101
Tampa, FL 33626
Telephone: (727) 712-1137
COUNSEL FOR RESPONDENT
John@lerouxlaw.com
Pleadings@lerouxlaw.com
lindsay@lerouxlaw.com
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[25-CA-218/1942527/1]
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: _______________________________
SALLY A. ASHKAR, ESQ.
Page 4423 of 5243
[25-CA-218/1942527/1]
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-218
vs. Parcel 1319FEE
Monfort Cherelus; Brunette Cherelus; Jacqueline
Roque De Escobar; Mortgage Electronic Registration
Systems, Inc., Sunshine Way Investments LLC, a
Florida limited liability company; Thomas E. Madigan;
Suntrust Bank NKA Truist Bank; U.S. Small Business Administration;
Trois Etoiles, LLC; and Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
STIPULATED ORDER OF TAKING & FINAL JUDGMENT FOR PARCEL 1319FEE
(with disbursement instructions to Clerk)
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, THOMAS E. MADIGAN, by and through
their counsel, for entry of a Stipulated Order of Taking and Final Judgment as to Parcel 1319FEE
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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3. The property described herein as Parcel 1319FEE 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, THOMAS E. MADIGAN shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of One Hundred Fifteen Thousand Dollars and No/100
($115,000.00), subject to apportionment, if any, for Parcel 1319FEE, 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, THOMAS E. MADIGAN shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Nineteen Thousand Four Hundred Seventy Dollars and
No/100 ($19,470.00) for all attorney’s fees and costs, in connection with said parcel. Supplemental
attorney’s fees may be awarded in an amount not to exceed $7,000.00 for attorney’s fees relating
to the subsequent apportionment process, if any.
7. Respondent, THOMAS E. MADIGAN shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Eight Thousand Dollars and No/100 ($8,000.00) for all
expert fees and costs, and no other expert fees or costs shall be paid in connection with said parcel.
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 One Hundred
Fifteen Thousand Dollars and No/100 ($115,000.00), as payment for the acquisition of Parcel
1319FEE.
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9. The right and title to Parcel 1319FEE, being fully described in Exhibit “A” attached
hereto and incorporated herein, will vest in Petitioner COLLIER COUNTY upon deposit of the
amount specified above into the Registry of this Court.
10. Upon deposit, the Clerk of Courts shall disburse from the Court Registry as follows:
a. The Clerk shall disburse the sum of Thirty-Seven Dollars and 80/100 ($37.80)
(based on a $0.28 per day for 135 days for the period of Jan. 1, 2025, through May 15, 2025) to
the Collier County Tax Collector, c/o Kelly Bartlett. The balance of the funds shall remain in the
court registry until further order of this court.
11. Within thirty (30) days from the date of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall issue a check payable to LeRoux Law Trust Account in the total sum
of Twenty-Seven Thousand Four Hundred Seventy Dollars and No/100 ($27,470.00), as
payment for the attorney’s fees and costs and expert fees and costs required above, and mail said
check to John LeRoux, Esq. LeRoux Law, 13065 W. Linebaugh Ave, Ste 101, Tampa, FL 33626.
12. The 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.
13. This Stipulated Order of Taking and Final Judgment disposes of all claims arising
out of the taking of Parcel 1319FEE and that have or could have been asserted in this cause.
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14. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 6438, Page 1952 of the Public Records of Collier County, Florida is hereby released
as to Parcel 1319FEE.
15. The Court reserves jurisdiction to enforce the terms of this Stipulated Order of
Taking and Final Judgment, apportionment, and to award attorney’s fees for supplemental
proceedings, if any.
16. This Stipulated Order of Taking and Final Judgment is to be recorded in the Official
Records of Collier County, Florida.
Exhibit “A”
Page 4427 of 5243
AERIAL – PARCEL 1319FEE
(Vanderbilt Beach Road Extension Phase 2 Project No. 60249)
/
12th Ave NE 12th Ave NE
10th Ave NE 10th Ave NE
PARCEL 1319FEE
Page 4428 of 5243