Agenda 08/26/2025 Item #16K 4 (Stipulated Final Judgment for the taking of Parcel 1306FEE for the VBR Ext.)8/26/2025
Item # 16.K.4
ID# 2025-2683
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $65,000 plus $23,654 in statutory attorney
and experts’ fees and costs for the taking of Parcel 1306FEE required for the Vanderbilt Beach Road Extension Project
No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1306FEE 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 1306FEE 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 0.41 acres in extent. The parent
tract is vacant land owned by David McColley and Deborah McColley and contains 2.72 acres of gross land area, which
will be reduced to 2.31 acres after the acquisition. An aerial photograph of the subject property is attached. The
County’s appraiser estimated full compensation at $31,800 including severance damages. The property owner’s initial
demand was $102,900 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 $65,000 plus $11,319 in statutory attorney’s fees, $12,335 in expert fees
and costs, for a total of $88,654.
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 $31,800 for its good faith estimate of value. Funds for the balance
of $56,854 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) on 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 a majority 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. P1306FEE - Signed Joint Motion for Stipulated Final Judgment
2. Aerial - Parcel 1306FEE
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[25-CA-212/1961358/1]
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 1306FEE
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 ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1306FEE
Petitioner, Collier County, Florida, together with Respondents, David C. McColley and
Deborah J. McColley, by and through undersigned counsel, hereby respectfully move this Court
for the entry of the foregoing Stipulated Final Judgment as to Parcel 1306FEE 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
McCOLLEY
tony@policastrolaw.com
eric@policastrolaw.com
yadi@policastrolaw.com
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[25-CA-212/1961358/1]
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 4438 of 4682
[25-CA-212/1961358/1]
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 1306FEE
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 1306FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondents, David C. McColley and Deborah J. McColley, by and
through counsel, for the entry of a Stipulated Final Judgment as to Parcel 1306FEE 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, David C. McColley and Deborah J. McColley, shall recover from
Petitioner, Collier County, Florida, the total sum of Sixty-Five Thousand Dollars and No/100
($65,000.00), for Parcel 1306FEE, as full payment for the property interest taken, including
business damages, if any, in connection with said Parcel.
2. Respondents, David C. McColley and Deborah J. McColley, shall recover from
Petitioner, Collier County, Florida, the total sum of Eleven Thousand Three Hundred Nineteen
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[25-CA-212/1961358/1]
Dollars and No/100 ($11,319.00), 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, David C. McColley and Deborah J. McColley, shall recover from
Petitioner, Collier County, Florida, the total sum of Twelve Thousand Three Hundred Thirty-
Five Dollars and No/100 ($12,335.00), for all expert fees and costs, associated with the
acquisition of Parcel 1306FEE, 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 Thirty-One Thousand Eight Hundred Dollars
and No/100 ($31,800.00), as payment for the acquisition of Parcel 1306FEE, 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 Fifty-Six Thousand Eight Hundred Fifty-Four Dollars and
No/100 ($56,854.00), representing the total sum due for the acquisition of Parcel 1306FEE, 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
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[25-CA-212/1961358/1]
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. This Order disposes of all claims arising out of the taking of Parcel 1306FEE 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 be dismissed as to Parcel
1306FEE.
10. Respondent, Rob Stoneburner, Collier County Tax Collector is dismissed from
this action as to Parcel 1306FEE.
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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[25-CA-212/1961358/1]
Exhibit “A”
Page 4442 of 4682
AERIAL – PARCEL 1306FEE
(VANDERBILT BEACH RD EXT (PH 2) PROJECT NO. 60249
PARCEL 1306FEE
10th Ave NE
/
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