Agenda 08/26/2025 Item #16K 1 (Stipulated Final Judgment for the taking of Parcel 1337FEE for the VBR Ext.)8/26/2025
Item # 16.K.1
ID# 2025-2657
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $108,000 plus $31,407 in statutory attorney
and experts’ fees and costs for the taking of Parcel 1337FEE required for the Vanderbilt Beach Road Extension Project
No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1337FEE 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 1337FEE 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 0.24 acres in extent. The parent
tract includes one single-family home and associated site improvements owned by Sharon and Christopher Desch and
contains 1.59 acres of gross land area, which has been reduced to 1.35 acres after the acquisition. An aerial photograph
of the subject property is attached. The County’s appraiser estimated full compensation at $40,100 including severance
damages. The property owner’s initial demand was $268,600 plus attorney’s fees and expert fees and costs. The parties
participated in mediation and reached an agreement. The attached Stipulated Order of Taking and Final Judgment
reflects a negotiated compensation amount of $108,000 plus $22,407 in statutory attorney’s fees, and $9,000 in expert
fees and costs, for a total of $139,407.
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: County is entitled to a credit of $40,100 for its good faith estimate of value. Funds for the balance
of $99,477, which includes the Clerk’s $170.00 deposit fee, are available in the Vanderbilt Beach Road Extension
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 sources will be the 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, Manager ROW Acquisition, Operations and Performance Management
ATTACHMENTS:
1. P1337FEE - FINAL Joint Motion for Stipulated Final Judgment
2. Aerial - Parcel 1337FEE
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[25-CA-224/1965079/1]
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-224
vs. Parcel 1337FEE
Allan J. Jones, Trustee of the Allan J. Jones Revocable
Trust dated June 17, 2021; Sharon M. Desch; Christopher
T. Desch, Jr., Truist Bank, successor in interest to Suntrust Bank;
Zenaida Garcia Marti; Jorge Luis Garcia; Jose Luis Garcia;
Juana Garcia; Samuel Garcia; Cavalry SPV I, LLC, as
Assignee of Citibank, N.A., Customer First, Inc of
Naples d/b/a Presstige Printing; Peter A. Cordero; Maribel
Cordero; Fifth Third Bank, NA; Fifth Third Mortgage Co;
Unknown Tenant(s); Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1337FEE
Petitioner, Collier County, Florida, together with Respondents, Sharon M. Desch and
Christopher T. Desch, by and through undersigned counsel, hereby respectfully move this Court
for the entry of the foregoing Stipulated Final Judgment as to Parcel 1337FEE 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 RESPONDENTS
John@lerouxlaw.com
lindsay@lerouxlaw.com
Pleadings@lerouxlaw.com
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[25-CA-224/1965079/1]
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 4414 of 4682
[25-CA-224/1965079/1]
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-224
vs. Parcel 1337FEE
Allan J. Jones, Trustee of the Allan J. Jones Revocable
Trust dated June 17, 2021; Sharon M. Desch; Christopher
T. Desch, Jr., Truist Bank, successor in interest to Suntrust Bank;
Zenaida Garcia Marti; Jorge Luis Garcia; Jose Luis Garcia;
Juana Garcia; Samuel Garcia; Cavalry SPV I, LLC, as
Assignee of Citibank, N.A., Customer First, Inc of
Naples d/b/a Presstige Printing; Peter A. Cordero; Maribel
Cordero; Fifth Third Bank, NA; Fifth Third Mortgage Co;
Unknown Tenant(s); Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1337FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondents, Sharon M. Desch and Christopher T. Desch, by and
through counsel, for the entry of a Stipulated Final Judgment as to Parcel 1337FEE for Project
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, Sharon M. Desch and Christopher T. Desch, shall recover from
Petitioner, Collier County, Florida, the total sum of One Hundred Eight Thousand Dollars and
No/100 ($108,000.00), for Parcel 1337FEE, as full payment for the property interest taken,
including business damages, if any, in connection with said Parcel.
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[25-CA-224/1965079/1]
2. Respondents, Sharon M. Desch and Christopher T. Desch, shall recover from
Petitioner, Collier County, Florida, the total sum of Twenty-Two Thousand Four Hundred
Seven Dollars and No/100 ($22,407.00), for all attorney’s fees and attorney litigation costs in
this case, including fees related to monetary and non-monetary benefits.
3. Respondents, Sharon M. Desch and Christopher T. Desch, shall recover from
Petitioner, Collier County, Florida, the total sum of Nine Thousand Dollars and No/100
($9,000.00), for all expert fees and costs, associated with the acquisition of Parcel 1337FEE, and
no other expert fees or costs shall be paid in this matter.
4. Petitioner, Collier County, Florida, is entitled to a credit for the good faith estimate
of value previously deposited in the amount of Forty Thousand One Hundred Dollars and
No/100 ($40,100.00), as payment for the acquisition of Parcel 1337FEE, 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 sum of Ninety-Nine Thousand Three Hundred Seven Dollars and No/100
($99,307.00), representing the total sum due for the acquisition of Parcel 1337FEE, by issuing a
check payable LeRoux Trust Account, and mailing the check to John M. LeRoux, Esq., LeRoux
Law, 13065 W. Linebaugh Ave., Ste 101, Tampa, FL 33626.
a. The clerk of the court is hereby directed to disburse the sum of Forty Thousand
Forty Dollars and 06/100 ($40,040.06) (this sum being the $40,100 initial deposit for parcel
1337FEE, less the $59.94 disbursed to the Collier County Tax Collector) payable to respondents,
Sharon Desch and Christopher Desch, mailing said check to John M. LeRoux, LeRoux Law, 13065
W. Linebaugh Ave., Ste 101, Tampa, FL 33626.
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[25-CA-224/1965079/1]
6. Collier 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 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 1337FEE 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
June 24, 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 3064 of the Public Records of Collier County, Florida be dismissed as to Parcel
1337FEE.
10. Respondents, Rob Stoneburner, Collier County Tax Collector and Unknown
Tenant(s) are dismissed from this action as to Parcel 1337FEE.
11. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
12. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
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Exhibit “A”
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AERIAL – PARCEL 1337FEE
(VANDERBILT BEACH RD EXT (PH 2) PROJECT NO. 60249
PARCEL 1337FEE
12th Ave NE
/
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