Agenda 08/26/2025 Item #16K 8 (Stipulated Final Judgment for the taking of Parcel 1339FEE for the VBR Ext.)8/26/2025
Item # 16.K.8
ID# 2025-2729
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $93,000 plus $26,959 in statutory attorney
and experts’ fees and costs for the taking of Parcel 1339FEE required for the Vanderbilt Beach Road Extension Project
No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1339FEE 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 1339FEE 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 0.17 acres in extent. The parent
tract is improved with a single-family home and associated improvements and is owned by Peter Cordero and
Maribel Cordero. The parent tract contains 1.14 acres of gross land area, which will be 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 $38,400 including severance damages. The property owner’s initial demand was $165,600 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 $93,000 plus $18,018 in statutory attorney’s fees, $8,941 in expert fees and costs, for a total of
$119,959.
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 $38,400 for its good faith estimate of value. Funds for the balance
of $81,559 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 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. Final P1339FEE Joint Motion for Stipulated Final Judgment(1)
2. Aerial - Parcel 1339FEE
Page 4469 of 4682
[25-CA-224/1964372/1]
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 1339FEE
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 1339FEE
Petitioner, Collier County, Florida, together with Respondents, Peter A. Cordero and
Maribel Cordero, by and through undersigned counsel, hereby respectfully move this Court for the
entry of the foregoing Stipulated Final Judgment as to Parcel 1339FEE 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
PETER and MARIBEL CORDERO
tony@policastrolaw.com
eric@policastrolaw.com
yadi@policastrolaw.com
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[25-CA-224/1964372/1]
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 4471 of 4682
[25-CA-224/1964372/1]
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 1339FEE
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 1339FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondents, Peter A. Cordero and Maribel Cordero, by and through
counsel, for the entry of a Stipulated Final Judgment as to Parcel 1339FEE 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, Peter A. Cordero and Maribel Cordero, shall recover from Petitioner,
Collier County, Florida, the total sum of Ninety-Three Thousand Dollars and No/100
($93,000.00) for Parcel 1339FEE, as full payment for the property interest taken, including
business damages, if any, in connection with said Parcel.
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[25-CA-224/1964372/1]
2. Respondents, Peter A. Cordero and Maribel Cordero, shall recover from Petitioner,
Collier County, Florida, the total sum of Eighteen Thousand Eighteen Dollars and No/100
($18,018.00), 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, Peter A. Cordero and Maribel Cordero, shall recover from Petitioner,
Collier County, Florida, the total sum of Eight Thousand Nine Hundred Forty-One Dollars
and No/100 ($8,941.00), for all expert fees and costs, associated with the acquisition of Parcel
1339FEE, 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-Eight Thousand Four Hundred Dollars
and No/100 ($38,400.00), as payment for the acquisition of Parcel 1339FEE, 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 Eighty-One Thousand Five Hundred Fifty-Nine Dollars and
No/100 ($81,559.00), representing the total sum due for the acquisition of Parcel 1339FEE,
attorney’s fees, costs, 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
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[25-CA-224/1964372/1]
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. This Order disposes of all claims arising out of the taking of Parcel 1339FEE 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 27, 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
1339FEE.
10. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
11. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
12. Respondents, Fifth Third Bank, NA and Rob Stoneburner, Collier County Tax
Collector, are dismissed from this lawsuit as to Parcel 1339FEE.
Page 4474 of 4682
[25-CA-224/1964372/1]
Exhibit “A”
Page 4475 of 4682
AERIAL – PARCEL 1339FEE
(VANDERBILT BEACH RD EXT (PH 2) PROJECT NO. 60249
12th Ave NE
PARCEL 1339FEE
/
Page 4476 of 4682