Agenda 08/26/2025 Item #16K 3 (Stipulated Final Judgment for the taking of Parcel 1352FEE for the VBR Ext.)8/26/2025
Item # 16.K.3
ID# 2025-2679
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $162,500 plus $16,951 in statutory attorney
and experts’ fees and costs for the taking of Parcel 1352FEE required for the Vanderbilt Beach Road Extension Project
No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1352FEE 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 1352FEE 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, northern boundary of the property and is approximately 0.76 acres in extent. The parent
tract is vacant land owned by Marshall Bronstein and Elaine Bronstein as Trustees of the Marshall Bronstein and Elaine
Bronstein Revocable Trust Agreement dated October 13, 2021, and contains 5 acres of gross land area, which will be
reduced to 4.24 acres after the acquisition. An aerial photograph of the subject property is attached. The County’s
appraiser estimated full compensation at $118,200 including severance damages. The property owner’s initial demand
was $248,000 plus attorney’s fees and expert fees and costs. The parties participated in mediation and reached an
agreement subject to approval by the Board of County Commissioners. The attached Stipulated Final Judgement reflects
a negotiated compensation amount of $162,500 plus $10,725 in statutory attorney’s fees, $6,226 in expert fees and costs,
for a total of $179,451.
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 $118,200 for its good faith estimate of value. Funds for the balance
of $61,251 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 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: Robert Bosch, Manager, Manager ROW Acquisition, Operations and Performance Management
ATTACHMENTS:
1. P1352FEE - Signed Joint Motion for Stipulated Final Judgment
2. Aerial - Parcel 1352FEE NEW
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[25-CA-230/1958408/1]
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-230
vs. Parcel 1352FEE
Gerald M. Mauser, Jr; Erin R. Mauser; Wells Fargo Bank, NA;
Marshall Bronstein Trustee of the Marshall Bronstein and Elaine
Bronstein Revocable Trust Agreement dated October 13, 2021;
Elaine Bronstein Trustee of the Marshall Bronstein and Elaine
Bronstein Revocable Trust Agreement dated October 13, 2021;
Carl J. Cyr; Mortgage Electronic Registration Systems, Inc;
Cristhian M. Lopez; Misleydis C. Rodriguez; Ricardo Maikel
Rodriguez Leyva; Dairon Rodriguez; Sarai Orosa Perez;
American Dream Trucking Service LLC; 3 Express LLC;
American Five Star Transport LLC; and Rob Stoneburner, Collier
County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1352FEE
Petitioner, Collier County, Florida, together with Respondents, Marshall Bronstein Trustee
of the Marshall Bronstein and Elaine Bronstein Revocable Trust Agreement dated October 13,
2021; and Elaine Bronstein Trustee of the Marshall Bronstein and Elaine Bronstein Revocable
Trust Agreement dated October 13, 2021, by and through undersigned counsel, hereby respectfully
move this Court for the entry of the foregoing Stipulated Final Judgment as to Parcel 1352FEE
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/ ANTHONY V. POLICASTRO_
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
COUNSEL FOR RESPONDENTS
BRONSTEIN
tony@policastrolaw.com
eric@policastrolaw.com
yadi@policastrolaw.com
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[25-CA-230/1958408/1]
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.
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[25-CA-230/1958408/1]
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-230
vs. Parcel 1352FEE
Gerald M. Mauser, Jr; Erin R. Mauser; Wells Fargo Bank, NA;
Marshall Bronstein Trustee of the Marshall Bronstein and Elaine
Bronstein Revocable Trust Agreement dated October 13, 2021;
Elaine Bronstein Trustee of the Marshall Bronstein and Elaine
Bronstein Revocable Trust Agreement dated October 13, 2021;
Carl J. Cyr; Mortgage Electronic Registration Systems, Inc;
Cristhian M. Lopez; Misleydis C. Rodriguez; Ricardo Maikel
Rodriguez Leyva; Dairon Rodriguez; Sarai Orosa Perez;
American Dream Trucking Service LLC; 3 Express LLC;
American Five Star Transport LLC; and Rob Stoneburner, Collier
County Tax Collector,
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1352FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondents, Marshall Bronstein Trustee of the Marshall Bronstein
and Elaine Bronstein Revocable Trust Agreement dated October 13, 2021; and Elaine Bronstein
Trustee of the Marshall Bronstein and Elaine Bronstein Revocable Trust Agreement dated October
13, 2021, by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel
1352FEE 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, Marshall Bronstein Trustee of the Marshall Bronstein and Elaine
Bronstein Revocable Trust Agreement dated October 13, 2021; and Elaine Bronstein Trustee of
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[25-CA-230/1958408/1]
the Marshall Bronstein and Elaine Bronstein Revocable Trust Agreement dated October 13, 2021,
shall recover from Petitioner, Collier County, Florida, the total sum of One Hundred Sixty-Two
Thousand Five Hundred Dollars and No/100 ($162,500.00), for Parcel 1352FEE, as full
payment for the property interest taken, including business damages, if any, in connection with
said Parcel.
2. Respondents, Marshall Bronstein Trustee of the Marshall Bronstein and Elaine
Bronstein Revocable Trust Agreement dated October 13, 2021; and Elaine Bronstein Trustee of
the Marshall Bronstein and Elaine Bronstein Revocable Trust Agreement dated October 13, 2021,
shall recover from Petitioner, Collier County, Florida, the total sum of Ten Thousand Seven
Hundred Twenty-Five Dollars and No/100 ($10,725.00), for all attorney’s fees and attorney
litigation costs in this case, including fees related to monetary and non-monetary benefits and
supplemental proceedings, if any.
3. Respondents, Marshall Bronstein Trustee of the Marshall Bronstein and Elaine
Bronstein Revocable Trust Agreement dated October 13, 2021; and Elaine Bronstein Trustee of
the Marshall Bronstein and Elaine Bronstein Revocable Trust Agreement dated October 13, 2021,
shall recover from Petitioner, Collier County, Florida, the total sum of Six Thousand Two
Hundred Twenty-Six Dollars and No/100 ($6,226.00), for all expert fees and costs, associated
with the acquisition of Parcel 1352FEE, 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 One Hundred Eighteen Thousand Two Hundred
Dollars and No/100 ($118,200.00), as payment for the acquisition of Parcel 1352FEE, at which
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[25-CA-230/1958408/1]
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 Sixty-One Thousand Two Hundred Fifty-One Dollars and
No/100 ($61,251.00), representing the total sum due for the acquisition of Parcel 1352FEE, and
attorney’s fees and costs, and expert fees and costs, by issuing a check payable to Trust Account
of Policastro Law Group, LLC, and mailing it to Anthony Policastro, Esq., c/o Policastro Law
Group, 1700 N McMullen Booth Rd Ste C5, Clearwater, FL 33759-2129.
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 on Vanderbilt Beach Road; however, the right-
of-way footprint is sufficient to accommodate up to a six-lane road design on Vanderbilt Beach
Road for which Respondents are entitled to compensations. Such compensation, if any, if reflected
in the herein Final Judgment. No additional compensation shall be due to the Respondents for the
actual future widening of Vanderbilt Beach Road up to four-lanes or six-lanes, including related
roadway improvements to Vanderbilt Beach Road.
7. The County agrees that the Property Owner may subdivide the parent tract into two
buildable lots pursuant to the provisions in the Collier County Land Development Code, Section
9.03.07, Nonconformities Created or Increased by the Public Acquisition.
8. This Order disposes of all claims arising out of the taking of Parcel 1352FEE that
have or could have been asserted in this cause.
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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 2, 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 3696 of the Public Records of Collier County, Florida be dismissed as to Parcel
1352FEE.
11. Respondent, Rob Stoneburner, Collier County Tax Collector is dismissed from
this action as to Parcel 1352FEE.
12. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
13. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Exhibit “A”
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AERIAL – PARCEL 1352FEE
(VANDERBILT BEACH RD EXT (PH 2) PROJECT NO. 60249
PARCEL 1352FEE
/
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