Agenda 08/26/2025 Item #16K 5 (Stipulated Final Judgment for the taking of Parcel 1466RDUE for the VBR Ext.)8/26/2025
Item # 16.K.5
ID# 2025-2684
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $62,500 plus $29,040 in statutory attorney
and experts’ fees and costs for the taking of Parcel 1466RDUE required for the Vanderbilt Beach Road Extension Project
No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1466RDUE 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 1466RDUE 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 easement area consists of a strip
taking along the front, eastern boundary of the property and is approximately 0.03 acres in extent. The parent tract
includes a single-family home and associated improvements owned by Sucet Rodriguez and Jorge Rodriguez. The
parent tract contains 2.34 acres of gross land area, which will be reduced to 2.31 usable acres after the acquisition. An
aerial photograph of the subject property is attached. The County’s appraiser estimated full compensation at $8,500 not
including severance damages. The property owner’s initial demand was $172,800 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 Judgment reflects a negotiated compensation amount of $62,500 plus
$17,820 in statutory attorney’s fees, $11,220 in expert fees and costs, for a total of $91,540.
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 $8,500 for its good faith estimate of value. Funds for the balance of
$83,040 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 are 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 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. P1466RDUE - SIGNED Joint Motion for Stipulated Final Judgment(1)
2. Aerial - Parcel 1466RDUE
Page 4444 of 4682
[25-CA-243/1964730/1]
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-243
vs. Parcel 1466RDUE
Jorge G. Rodriguez; Sucet Rodriguez; Suncoast Credit Union;
Magna Construction Inc; Jass Cleaning & Home Watching
Services Inc; JGR Handyman Services Enterprise Inc;
G&Sons Investments Inc; Estate of Dorothy D. Leviton;
Harvey S. Leviton; Estate of Joan Y. Goldstein; Sandra Soto Tamargo;
Miyizan Marull Serrano; SMS Behavior Therapy LLC;
SMS Trucking LLC; Mortgage Electronic Registration Systems Inc.,
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1466RDUE
Petitioner, Collier County, Florida, together with Respondents, Jorge G. Rodriguez and
Sucet Rodriguez and Respondent Suncoast Credit Union, by and through undersigned counsel,
hereby respectfully move this Court for the entry of the foregoing Stipulated Final Judgment as to
Parcel 1466RDUE 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
JORGE and SUCET RODRIGUEZ
tony@policastrolaw.com
eric@policastrolaw.com
yadi@policastrolaw.com
Page 4445 of 4682
[25-CA-243/1964730/1]
_/s/ Mark A. Linsky_______________
MARK A. LINSKY, ESQ.
Bar No. 331023
Mark A. Linsky, P.A.
503 W. Platt Street
Tampa, FL 33606
Telephone: 813-251-5197
Fax: 813-254-6744
COUNSEL FOR RESPONDENT
SUNCOAST CREDIT UNION
malinsky@gte.net
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 4446 of 4682
[25-CA-243/1964730/1]
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-243
vs. Parcel 1466RDUE
Jorge G. Rodriguez; Sucet Rodriguez; Suncoast Credit Union;
Magna Construction Inc; Jass Cleaning & Home Watching
Services Inc; JGR Handyman Services Enterprise Inc;
G&Sons Investments Inc; Estate of Dorothy D. Leviton;
Harvey S. Leviton; Estate of Joan Y. Goldstein; Sandra Soto Tamargo;
Miyizan Marull Serrano; SMS Behavior Therapy LLC;
SMS Trucking LLC; Mortgage Electronic Registration Systems Inc,
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1466RDUE
(With Disbursement Instructions to the Clerk)
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondents, Jorge G. Rodriguez and Sucet Rodriguez, and
Respondent Suncoast Credit Union, by and through counsel, for the entry of a Stipulated Final
Judgment as to Parcel 1466RDUE 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, Jorge G. Rodriguez and Sucet Rodriguez, shall recover from
Petitioner, Collier County, Florida, the total sum of Sixty-Two Thousand Five Hundred Dollars
and No/100 ($62,500.00), subject to apportionment, if any, for Parcel 1466RDUE, as full
Page 4447 of 4682
[25-CA-243/1964730/1]
payment for the property interest taken, including business damages, if any, in connection with
said Parcel.
2. Respondents, Jorge G. Rodriguez and Sucet Rodriguez, shall recover from
Petitioner, Collier County, Florida, the total sum of Seventeen Thousand Eight Hundred
Twenty Dollars and No/100 ($17,820.00), for all of their 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, Jorge G. Rodriguez and Sucet Rodriguez, shall recover from
Petitioner, Collier County, Florida, the total sum of Eleven Thousand Two Hundred Twenty
Dollars and No/100 ($11,220.00), for all of their expert fees and costs, associated with the
acquisition of Parcel 1466RDUE, 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 Eight Thousand Five Hundred Dollars and
No/100 ($8,500.00), as the good faith estimate of value for the acquisition of Parcel 1466RDUE,
at which time title to said Parcel as described in Exhibit “A” vested in the name of Petitioner,
Collier County, Florida.
5. Respondents, Jorge G. Rodriguez and Sucet Rodriguez, are entitled to withdraw
Petitioner’s good faith estimate of value in the amount of Eight Thousand Five Hundred Dollars
and No/100 ($8,500.00), deposited into the Court Registry on June 3, 2025.
6. The Clerk of Court shall disburse from the Court Registry the sum of Eight
Thousand Five Hundred Dollars and No/100 ($8,500.00) to Respondents, Jorge G. Rodriguez
and Sucet Rodriguez, by issuing a check made payable to the Trust Account of Policastro Law
Page 4448 of 4682
[25-CA-243/1964730/1]
Group, LLC, and mailing it to Anthony Policastro, Esq., Policastro Law Group, 1700 N. McMullen
Booth Rd Ste C5, Clearwater, FL 33759-2129.
7. Within thirty (30) days from the entry of this Order, Petitioner, Collier County,
Florida, shall pay the total sum of - Eighty-Three Thousand Forty Dollars and No/100
($83,040.00), representing the total sum due for the acquisition of Parcel 1466RDUE pursuant to
Paragraph 1, above, less Petitioner’s previous deposit as set forth in Paragraph 4, above, and
attorney’s fees and costs, and expert fees and costs, pursuant to Paragraphs 2 and 3, above, 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
8. That upon the receipt and clearing of the funds pursuant to Paragraph 7 above, the
Policastro Law Group, shall issue a check in the sum of Fourteen Thousand Twelve Dollars and
50/100 ($14,012.50), from its Trust Account payable to the Trust Account of Mark A. Linsky,
P.A., 503 W. Platt Street, Tampa, FL 33606, as attorney for Respondent, Suncoast Credit Union,
to be distributed as follows:
a. The sum of Nine Thousand Nine Hundred Eighty-Seven Dollars and 50/100
($9,987.50) shall be disbursed to Suncoast Credit Union to be applied toward the reduction of the
principal balance of Respondents’ Mortgage recorded on February 11, 2016 in O.R. Book 5241 at
Page 1697 as Instrument 5227437 in Collier County.
b. Mark A. Linsky, P.A. is entitled to the remaining balance of Four Thousand
Twenty-Five Dollars and No/100 ($4,025.00), representing the total sum due for Suncoast Credit
Union’s attorney’s fees and costs.
9. The remaining balance of Forty-Eight Thousand Four Hundred Eighty-Seven
Dollars and 50/100 ($48,487.50) shall be disbursed to Respondents, Jorge G. Rodriguez and Sucet
Rodriguez.
Page 4449 of 4682
[25-CA-243/1964730/1]
10. 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 and Everglades
Blvd.; however, the right-of-way footprint is sufficient to accommodate up to a six-lane road
design on Vanderbilt Beach Road and a four-lane road design on Everglades Blvd., for which
Respondents are entitled to compensation. Such compensation, if any, is reflected in this 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, and Everglades Blvd., up to four-
lanes, including related roadway improvements to Vanderbilt Beach Road and Everglades Blvd.
11. This Order disposes of all claims arising out of the taking of Parcel 1466RDUE that
have or could have been asserted in this cause.
12. The road right of way, drainage and utility easement 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 23, 2025, and the deposit of money heretofore made, is
approved, ratified, and confirmed.
13. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
6438, Page 3908 of the Public Records of Collier County, Florida be dismissed as to Parcel
1466RDUE.
14. Respondents, Magna Construction Inc; Jass Cleaning & Home Watching
Services Inc; JGR Handyman Services Enterprise Inc., and G & Sons Investments Inc., are
dismissed from this action.
15. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
Page 4450 of 4682
[25-CA-243/1964730/1]
16. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Exhibit “A”
Page 4451 of 4682
AERIAL – PARCEL 1466RDUE
(VANDERBILT BEACH RD EXT (PH 2) PROJECT NO. 60249
/
12th Ave NE
Page 4452 of 4682