Agenda 07/08/2025 Item #16K 3 (To settle full compensation for the taking of Parcel of Parcel 1315FEE required for the construction of the Vanderbilt Beach Road Extension Project #60249)7/8/2025
Item # 16.K.3
ID# 2025-2271
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $55,000 plus $13,646 in statutory attorney
and experts’ fees and costs for the taking of Parcel 1315FEE required for the Vanderbilt Beach Road Extension Project
No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1315FEE 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 1315FEE 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, southernly boundary of the property and is approximately 0.17 acres in extent. The
parent tract is vacant land owned by Robert and Adriana Antal and contains 1.14 acres of gross land area, which will be
reduced to 0.97 acres after the acquisition. (This property owner owns two parcels on this corridor; the other parcel is
1317FEE.) 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 $75,200 plus attorney’s fees and
expert fees and costs. The parties participated in informal negotiations and reached an agreement. The attached
Stipulated Final Judgement reflects a negotiated compensation amount of $55,000 plus $7,920 in statutory attorney’s
fees, $5,726 in expert fees and costs, for a total of $68,646.
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.
Robert Bosch, Manager, Manager ROW Acquisition, Operations and Performance Management
FISCAL IMPACT: County is entitled to a credit of $35,100 for its good faith estimate of value. Funds for the balance
of $33,546, 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: 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.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majotiy vote for Board
approval. -CMG
RECOMMENDATIONS: To approve the attached Joint Motion and Stipulated Final Judgment and authorize the
payment of funds as stated herein.
PREPARED BY:
ATTACHMENTS:
1. P1315FEE - Joint Motion for Final Judgment
2. Aerial - Parcel 1315FEE
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[25-CA-212/1953830/1]
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-212
vs. Parcel 1315FEE
David C. McColley; Deborah J. McColley; Laurentia
Catherine James; John Bell; Trevor M. Tannassee; Deomattie
Tannassee; Suncoast Credit Union; Robert L. Antal; Adriana Antal;
Piton Handyman & Home Watch, LLC; Carina's Manufacturing, Inc;
Carina's Fine Food, Inc; and Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR A STIPULATED FINAL JUDGMENT AS TO PARCEL 1315FEE
COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents,
ROBERT L. ANTAL and ADRIANA ANTAL, by and through undersigned counsel, hereby
respectfully move this Court for entry of the Stipulated Final Judgment as to Parcel 1315FEE,
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
_____________________________
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
Robert L. Antal; Adriana Antal
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[25-CA-212/1953830/1]
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: _______________________________
COLLEEN M. GREENE, ESQ.
Page 4052 of 4096
[25-CA-212/1953830/1]
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-212
vs. Parcel 1315FEE
David C. McColley; Deborah J. McColley; Laurentia
Catherine James; John Bell; Trevor M. Tannassee; Deomattie
Tannassee; Suncoast Credit Union; Robert L. Antal; Adriana Antal;
Piton Handyman & Home Watch, LLC; Carina's Manufacturing, Inc;
Carina's Fine Food, Inc; and Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1315FEE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, and Respondents, ROBERT L. ANTAL and ADRIANA
ANTAL, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel
1315FEE for Project No. 60249, and it appearing to this 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
ORDERED AND ADJUDGED that:
1. Respondents, ROBERT L. ANTAL and ADRIANA ANTAL, shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Fifty-Five Thousand Dollars and
No/100 ($55,000.00), for Parcel 1315FEE, 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.
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2. Respondents, ROBERT L. ANTAL and ADRIANA ANTAL shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Seven Thousand Nine Hundred
Twenty Dollars and No/100 ($7,920.00) for all attorney’s fees and costs, and no other attorney’s
fees or costs shall be paid in connection with said parcel.
3. Respondents, ROBERT L. ANTAL and ADRIANA ANTAL shall recover from
Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Five Thousand Seven Hundred
Twenty-Six Dollars and No/100 ($5,726.00) 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 previously deposited in the amount of Thirty-Five Thousand One
Hundred Dollars and No/100 ($35,100.00), as payment for the acquisition of Parcel 1315FEE,
at which time title to said Parcel as described in Exhibit “A” vested in the name of Petitioner
COLLIER COUNTY, FLORIDA.
5. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER
COUNTY, FLORIDA, shall pay the total sum of Thirty-Three Thousand Five Hundred Forty-
Six Dollars and No/100 ($33,546.00), representing the total sum due for the acquisition of Parcel
1315FEE, attorney’s fees, costs, expert fees and costs, by issuing a check payable to 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.
6. 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
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
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[25-CA-212/1953830/1]
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.
7. This Order disposes of all claims arising out of the taking of Parcel 1315FEE that
have or could have been asserted in this cause.
8. 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 2, 2025, and the deposit of money heretofore made, is approved, ratified, and confirmed.
9. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
6438, Page 1759 of the Public Records of Collier County, Florida is dismissed as to Parcel
1315FEE.
10. This 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.
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[25-CA-212/1953830/1]
Exhibit “A”
Page 4056 of 4096
AERIAL – PARCEL 1315FEE
(VANDERBILT BEACH RD EXT (PH 2) PROJECT NO. 60249
PARCEL 1315FEE
12th Ave NE /
Golden Gate Canal Existing Easement
Page 4057 of 4096