Agenda 05/13/2025 Item #16K17 (To Settle full compensation for the taking of Parcel 1303FEE required for the construction of the Vanderbilt Beach Road Extension Project No. 60249)5/13/2025
Item # 16.K.17
ID# 2025-1518
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $61,000 plus $16,047.45 in statutory attorney
and expert fees and costs for the taking of Parcel 1303FEE required for the Vanderbilt Beach Road Extension Project No.
60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1303FEE 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 1303FEE 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 consists of vacant land owned by Gitay Kryger 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 $35,100 including severance damages. The property owner’s initial demand was
$89,100, plus attorney’s fees and expert fees and costs. The parties participated in informal negotiations and reached an
agreement. The attached Stipulated Final Judgment reflects a negotiated compensation amount of $61,000, plus $9,900
in statutory attorney’s fees and $6,147.45 in expert fees and costs, for a total of $77,047.45.
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: The County is entitled to a credit of $35,100 for its deposit of the good faith estimate of value.
Funds for the balance of $42,117.45, 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. –
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, Transportation Engineering Division
ATTACHMENTS:
1. FINAL P1303FEE Joint Motion for STIP Final Judgment
2. Aerial - Parcel 1303FEE
Page 4436 of 5243
[25-CA-239/1943524/1]
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-239
vs. Parcel 1303FEE
Blanco 4Investments, LLC; Unknown Tenant(s);
Gitay Kryger; Salvatore Modica; Rosa Modica;
Wells Fargo Bank, N.A., 78 Offsuit LLC; and
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR A STIPULATED FINAL JUDGMENT AS TO PARCEL 1303FEE
COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent,
GITAY KRYGER, by and through undersigned counsel, and hereby respectfully moves for entry
of the Stipulated 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-239/1943524/1]
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
___________________ 2025.
BY: _______________________________
SALLY A. ASHKAR, ESQ.
Page 4438 of 5243
[25-CA-239/1943524/1]
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-239
vs. Parcel 1303FEE
Blanco 4Investments, LLC; Unknown Tenant(s);
Gitay Kryger; Salvatore Modica; Rosa Modica;
Wells Fargo Bank, N.A., 78 Offsuit LLC; and
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT FOR PARCEL 1303FEE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, GITAY KRYGER, by and through counsel,
for the entry of a Stipulated Final Judgment as to Parcel 1303FEE 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. Respondent, GITAY KRYGER shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Sixty-One Thousand Dollars and No/100 ($61,000.00),
for Parcel 1303FEE, 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.
2. Respondent, GITAY KRYGER shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Nine Thousand Nine Hundred Dollars and No/100
($9,900.00) for all attorney’s fees and costs, in connection with said parcel.
Page 4439 of 5243
[25-CA-239/1943524/1]
3. Respondent, GITAY KRYGER shall recover from Petitioner, COLLIER
COUNTY, FLORIDA, the total sum of Six Thousand One Hundred Forty-Seven Dollars and
45/100 ($6,147.45) for all expert fees and costs, and no other expert fees or costs shall be paid in
connection with said parcel.
4. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good
faith estimate of value deposited in the amount of Thirty-Five Thousand One Hundred Dollars
No/100 ($35,100.00), as payment for acquisition of Parcel 1303FEE.
5. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the sum of Forty-One Thousand Nine Hundred Forty-Seven
Dollars and 45/100 ($41,947.45), to Respondent, GITAY KRYGER, by issuing a check payable
to LeRoux Law Trust Account, and mailing it to John M. LeRoux, Esq., LeRoux Law, 13065 W.
Linebaugh Ave., Ste 101, Tampa, FL 33626.
6. 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
May 6, 2025, and the deposit of money heretofore made, is approved, ratified, and confirmed.
7. 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 24, 2025, and March 26,
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.
8. This Stipulated Final Judgment disposes of all claims arising out of the taking of
Parcel 1303FEE and that have or could have been asserted in this cause.
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[25-CA-239/1943524/1]
9. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 6438, Page 3638 of the Public Records of Collier County, Florida is hereby released
as to Parcel 1303FEE.
10. The 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.
Exhibit “A”
Page 4441 of 5243
AERIAL – PARCEL 1303FEE
(Vanderbilt Beach Road Extension Phase 2 Project No. 60249)
/
PARCEL 1303FEE
Page 4442 of 5243