Agenda 08/26/2025 Item #16K 2 (Stipulated Final Judgment for the taking of Parcel 1348FEE for the VBR Ext.)8/26/2025
Item # 16.K.2
ID# 2025-2658
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $81,000 plus $20,441 in statutory attorney
and experts’ fees and costs for the taking of Parcel 1348FEE required for the Vanderbilt Beach Road Extension Project
No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1348FEE 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 1348FEE 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 Sherry Ann Connor and contains 1.14
acres of gross land area, which has been 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 $43,300 including severance damages. The
property owner’s initial demand was $177,200 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 $81,000 plus $12,441 in statutory attorney’s fees, and $8,000 in expert fees and costs, for a
total of $101,441.
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 $43,300 for its good faith estimate of value. Funds for the balance
of $58,311, 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. P1348FEE - SIGNED Joint Motion for Stipulated Final Judgment
2. Aerial - Parcel 1348FEE
Page 4420 of 4682
[25-CA-226/1963483/1]
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-226
vs. Parcel 1348FEE
Michael DeMattia; Kristen DeMattia; Louise M. Teger-McKoy;
Robert John McKoy; Mortgage Electronic Registration Systems, Inc;
PLOCO 4, LLC, a Florida limited liability company; Unknown Tenant(s);
Sherry A. Nigro AKA Sherry A. Connor Nigro; Stephen R. Nigro;
Select Portfolio Servicing, Inc; Green Corridor Property Assessment
Clean Energy (PACE) District; Mad Batter Pet Bakery LLC; American
Brokers Holdings, LLC, a Delaware limited liability company; FIG 20, LLC;
Gladys M. Gomez; Nancy A. Agras; Kris Organics LLC; Exquisite Home
Watch, LLC; and Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1348FEE
Petitioner, Collier County, Florida, together with Respondent, Sherry A. Nigro AKA
Sherry A. Connor Nigro, by and through undersigned counsel, hereby respectfully move this Court
for the entry of the foregoing Stipulated Final Judgment as to Parcel 1348FEE 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
lindsay@lerouxlaw.com
Pleadings@lerouxlaw.com
Page 4421 of 4682
[25-CA-226/1963483/1]
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 4422 of 4682
[25-CA-226/1963483/1]
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-226
vs. Parcel 1348FEE
Michael DeMattia; Kristen DeMattia; Louise M. Teger-McKoy;
Robert John McKoy; Mortgage Electronic Registration Systems, Inc;
PLOCO 4, LLC, a Florida limited liability company; Unknown Tenant(s);
Sherry A. Nigro AKA Sherry A. Connor Nigro; Stephen R. Nigro;
Select Portfolio Servicing, Inc; Green Corridor Property Assessment
Clean Energy (PACE) District; Mad Batter Pet Bakery LLC; American
Brokers Holdings, LLC, a Delaware limited liability company; FIG 20, LLC;
Gladys M. Gomez; Nancy A. Agras; Kris Organics LLC; Exquisite Home
Watch, LLC; and Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1348FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondent, Sherry A. Nigro AKA Sherry A. Connor Nigro, by and
through counsel, for the entry of a Stipulated Final Judgment as to Parcel 1348FEE 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. Respondent, Sherry A. Nigro AKA Sherry A. Connor Nigro, shall recover from
Petitioner, Collier County, Florida, the total sum of Eighty-One Thousand Dollars and No/100
($81,000.00), for Parcel 1348FEE, subject to apportionment, if any, as full payment for the
property interest taken, including business damages, if any, in connection with said Parcel.
Page 4423 of 4682
[25-CA-226/1963483/1]
2. Respondent, Sherry A. Nigro AKA Sherry A. Connor Nigro, shall recover from
Petitioner, Collier County, Florida, the total sum of Twelve Thousand Four Hundred Forty-
One Dollars and No/100 ($12,441.00), for all attorney’s fees and attorney litigation costs in this
case, including fees related to monetary and non-monetary benefits.
3. Respondent, Sherry A. Nigro AKA Sherry A. Connor Nigro, 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, associated with the acquisition of Parcel 1348FEE, 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-Three Thousand Three Hundred Dollars
and No/100 ($43,300.00), as payment for the acquisition of Parcel 1348FEE, 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 Twenty Thousand Four Hundred Forty-One Dollars and No/100
($20,441.00), representing the total sum due for the attorney’s fees and costs, and expert fees and
costs, 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. Within thirty (30) days from the entry of this Order, Petitioner, Collier County,
Florida, shall deposit the sum of Thirty-Seven Thousand Seven Hundred Dollars and No/100
($37,700.00), into the Court Registry, representing the total sum due for the acquisition of Parcel
1348FEE, including any and all business damages, if any.
Page 4424 of 4682
[25-CA-226/1963483/1]
7. 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 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 Order disposes of all claims arising out of the taking of Parcel 1348FEE that
have or could have been asserted in this cause.
9. 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 19, 2025, and the deposit of money heretofore made, is approved, ratified, and confirmed.
10. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
6438, Page 3927 of the Public Records of Collier County, Florida be dismissed as to Parcel
1348FEE.
11. Respondent, Rob Stoneburner, Collier County Tax Collector is dismissed from
this action as to Parcel 1348FEE.
12. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment, and any apportionment issues.
13. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Page 4425 of 4682
[25-CA-226/1963483/1]
Exhibit “A”
Page 4426 of 4682
AERIAL – PARCEL 1348FEE
(VANDERBILT BEACH RD EXT (PH 2) PROJECT NO. 60249
PARCEL 1348FEE
10th Ave NE
/
Page 4427 of 4682