Agenda 08/26/2025 Item #16K10 (Stipulated Amended Order of Taking/Final Judgment for the taking of Parcel 1463RDUE/TDRE for the VBR Ext.)8/26/2025
Item # 16.K.10
ID# 2025-2716
Executive Summary
Recommendation to approve a Stipulated Amended Order of Taking and Final Judgment in the amount of $699,000,
inclusive of statutory attorney and experts’ fees and costs for the taking of Parcel 1463RDUE/TDRE required for the
Vanderbilt Beach Road Extension Project No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1463RDUE/TDRE 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
Parcels 1463RDUE and 1463TDRE 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 acquisition
area (Parcel 1463RDUE) initially consisted of a strip taking along the rear, westerly boundary of the property and was
approximately 0.15 acres in extent plus a 330 square feet temporary easement parcel (1463TDRE). The parent tract
includes one single-family home and associated site improvements owned by Carrie Ann Britt and Wayne Serra and
contains 2.58 acres of gross land area. An aerial photograph of the subject property is attached. The County’s appraiser
estimated full compensation at $18,500 including severance damages. The property owner’s initial demand was
$423,800 plus attorney’s fees and expert fees and costs.
The parties participated in mediation and ultimately reached an agreement for the County to purchase the entire 2.58-
acre property as a fee simple acquisition (the “Property”), after consultation with the County’s Engineer of Record,
Richard Arico, P.E. The purpose of the fee simple acquisition of the entire Property is to allow for a future
stormwater/floodplain compensation pond for either the widening of Everglades Boulevard or for the future planned
Vanderbilt Beach Road Extension and demolish the home to construct such stormwater improvements. A Technical
Memorandum from the County’s Engineer of Record, Richard Arico, P.E., supporting the use and benefit of the
Property for the County’s future stormwater needs is attached to this item as backup. The Technical Memorandum refers
to the fee simple acquisition of the Property as 1463POND. The attached Stipulated Amended Order of Taking and
Final Judgment reflects a total negotiated compensation amount of $699,000, inclusive of statutory attorney’s fees and
expert fees and costs.
Staff recommends approval of this Stipulated Amended Order of Taking and 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 Amended
Order of Taking and 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 $18,500 for its good faith estimate of value. Funds for the balance
of $680,670 which includes the Clerk’s $170.00 deposit fee, 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 majority vote for approval. –
SAA
RECOMMENDATIONS: To approve the attached Joint Motion and Stipulated Amended Order of Taking and Final
Judgment and authorize the payment of funds as stated herein.
Page 4485 of 4682
8/26/2025
Item # 16.K.10
ID# 2025-2716
PREPARED BY: Robert Bosch, Manager, Manager ROW Acquisition, Operations and Performance Management
ATTACHMENTS:
1. Parcel 1463 Full Take - Tech Memo_FINAL
2. 1463RDUE TDRE - FINAL Joint Motion for Amended OT and Stip FJ(1)
3. Aerial - Parcel 1463RDUE &TDRE
Page 4486 of 4682
kimley-horn.com 2640 Golden Gate Pkwy, Suite 201 Naples, FL 34105 239-999-3187
TECHNICAL MEMORANDUM
Project Name: Vanderbilt Beach Road Extension – Phase II
County Project #: 60249
Prepared for: Robert Bosch, Manager, ROW Acquisition
Prepared by: Richard Arico, P.E., Roadway Engineer of Record
Date: June 19, 2025
Subject: ROW Request: Parcel 1463POND (Fee Simple - Whole Take)
________________________________________________________________________________
Introduction
This technical memorandum has been prepared to document the background information to
support the County acquisition of Parcel ID 40520240009 (Parcel 1463POND) for the purpose
of constructing and maintaining improvements to Everglades Boulevard, which are required by
the impacts to the proposed intersection improvement associated with the Vanderbilt Beach
Road (VBR) project (Project # 60249). Additionally, acquisition of this parcel allows for future
stormwater/floodplain compensation pond for either the widening of Everglades Boulevard
(Project 60623), which is scheduled to start design later this year, or for the future planned
Vanderbilt Beach Road Extension - Phase III (VBRX III) project.
Overview
On July 9, 2024, the Board approved Resolution No. 2024-135 (Condemnation Resolution) for
the Vanderbilt Beach Road Extension - Phase II Project No. 60249. The approved and
adopted resolution authorizes the condemnation of the fee simple and easement interests
necessary for the construction of the project’s roadway corridor and associated stormwater
and utility facilities.
During good faith negotiations for acquisition of Parcel 1463RDUE, a Road Right of Way,
Drainage and Utility Easement and Parcel 1463TDRE, a Temporary Driveway Restoration
Easement, the owner’s representatives presented an option for fee simple acquisition of the
entire property (Parcel 1463POND).
Evaluation of Parcel 1463POND
Proposed Project Parcel Number: 1463POND
Current Project Parcel Number: 1463RDUE
Current Project Parcel Number: 1463TDRE
Parcel ID: 40520240009
Parcel Size: 2.58 Acres (Approximate)
Parcel Designation: Residential
Parcel Status: Improved
Parcel Location: Address – 1060 Everglades Boulevard N.
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kimley-horn.com 2640 Golden Gate Pkwy, Suite 201 Naples, FL 34105 239-999-3187
Benefit Analysis
Parcel 1463POND is located adjacent to Parcel 1464FEE, which is currently owned by Collier
County. A proposed stormwater pond will be located on the easterly portion of Parcel
1464FEE as part of the VBRX II project to accommodate stormwater treatment required for the
intersection improvements related to Everglades Boulevard and the VBRX II project. However,
the available pond area on Parcel 1464FEE does not provide the capacity needed to address
the ultimate 4-lane drainage needs for the widening of Everglades Boulevard associated with
County Project 60263, which is scheduled to start design later this year. Owning Parcel
1463POND in its entirety would allow cost effective expansion and construction of a larger
pond upon the two adjacent lots, when needed for the upcoming widening of Everglades
Boulevard. Parcel 1463POND would provide the County with the opportunity for future
additional stormwater management/floodplain compensation capacity for Everglades
Boulevard widening, but also additional potential opportunity for the VBRX III project, the
future extension of VBR to DeSoto Boulevard.
Feasibility Analysis
Given the proximity of the proposed and permitted pond on Parcel 1464FEE, which will
accommodate Project 60249, many of the design considerations and factors associated with
site feasibility for accommodating stormwater facilities can be assumed to translate to the
adjacent Parcel 1463POND.
Based on review of available information we have determined that the geotechnical
Current 1463RDUE & 1463TDRE Proposed 1463FEE
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kimley-horn.com 2640 Golden Gate Pkwy, Suite 201 Naples, FL 34105 239-999-3187
characteristics of Parcel 1463POND are
similar to Parcel 1464FEE and the
appropriate soil composition and percolation
rates are conducive for supporting a
stormwater facility. Similarly, the topography
and property location create a hydraulically
feasible opportunity to collect stormwater
from either the Everglades Widening project
or the Vanderbilt Beach Road Extension -
Phase III, as well as hydraulically feasible
outfall options.
Similar to Parcel 1464FEE, Parcel
1463POND is determined to be
environmentally permissible for consideration
of a future stormwater pond. This is based
on the area wetland and species surveys
conducted and additional desktop review. Detailed environmental analysis will be required
through the permitting process should a future pond be proposed.
By collaborating with the property owner now, the County would obtain a favorable condition for
acquisition from a willing seller with the opportunity to potentially provide stormwater
management/floodplain compensation capacity for a planned Collier County roadway project.
When compared to the elevated cost to solely acquire easement Parcels 1463RDUE and
1463TDRE along the property frontage while leaving a remainder with severance damages, the
per square foot cost of the entire parcel is an extremely cost-effective solution for the flexibility
created to provide the required stormwater/floodplain compensation needs of the pending
Everglades Boulevard Widening project.
Recommendation
In conclusion, Kimley-Horn recommends that Collier County move forward with Fee Simple
Acquisition of Parcel 1463POND in its entirety.
Page 4489 of 4682
[25-CA-240/1965269/1]
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-240
vs. Parcel 1463RDUE/TDRE
Israel Del Rio; Arabelys Del Rio; Verde Vision
Landscapes LLC; Mortgage Electronic Registration
Systems Inc; Melissa Y. Neubek; Matthew B. Neubek;
Dianelys Cespedes Mendez; Aniek De La Caridad Rohl;
Unknown Tenant(s); Carrie Ann Britt; Wayne Edward Serra;
Lakeview Loan Servicing LLC; US Department of
Housing and Urban Development; Energy Solutions Direct;
Estate of George W. Rilinger; Catterina M. Rilinger; Meta Weld LLC;
Serra Construction LLC; Kids R Therapy LLC,
Respondents.
______________________________________________/
JOINT MOTION FOR A STIPULATED AMENDED ORDER OF TAKING AND FINAL
JUDGMENT AS TO AMENDED PARCEL 1463RDUE/TDRE
COMES NOW, Petitioner, Collier County, Florida, together with Respondents, Carrie Ann
Britt and Wayne Edward Serra, by and through undersigned counsel, and hereby respectfully move
for entry of the Stipulated Amended Order of Taking and Final Judgment, 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) 712-11374
COUNSEL FOR RESPONDENTS
John@lerouxlaw.com
Pleadings@lerouxlaw.com
lindsay@lerouxlaw.com
Page 4490 of 4682
[25-CA-240/1965269/1]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated
Amended Order of Taking and Final Judgment was electronically filed with the Florida Courts E-
Filing Portal which will serve notice upon all interested parties on this _____ day of
___________________ 2025.
BY: _______________________________
SALLY A. ASHKAR, ESQ.
Page 4491 of 4682
[25-CA-240/1965269/1]
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-240
vs. Parcel 1463RDUE/TDRE
Israel Del Rio; Arabelys Del Rio; Verde Vision
Landscapes LLC; Mortgage Electronic Registration
Systems Inc; Melissa Y. Neubek; Matthew B. Neubek;
Dianelys Cespedes Mendez; Aniek De La Caridad Rohl;
Unknown Tenant(s); Carrie Ann Britt; Wayne Edward Serra;
Lakeview Loan Servicing LLC; US Department of
Housing and Urban Development; Energy Solutions Direct;
Estate of George W. Rilinger; Catterina M. Rilinger; Meta Weld LLC;
Serra Construction LLC; Kids R Therapy LLC,
Respondents.
______________________________________________/
STIPULATED AMENDED ORDER OF TAKING AND FINAL JUDGMENT AS TO
AMENDED PARCEL 1463RDUE/TDRE
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondents, Carrie Ann Serra, (fka Carrie Ann Britt) and Wayne
Edward Serra (hereinafter collectively referred to as “Serra”), by and through counsel, for entry of
a Stipulated Amended Order of Taking and Final Judgment as to Amended Parcel
1463RDUE/TDRE for Project No. 60249, and it appearing to the 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, it is therefore
ORDERED AND ADJUDGED that:
1. The acquisition of Parcel 1463RDUE/TDRE was formerly a road right of way,
drainage, utility, and temporary driveway restoration easement taking, as described in Exhibit A
attached hereto and incorporated herein, however, the parties have agreed to a Fee Simple taking
Page 4492 of 4682
[25-CA-240/1965269/1]
of the entirety of the property owned by Respondents, Serra, as further described in Exhibit B,
attached hereto and incorporated herein. The Fee Simple taking of the entirety of the property
described in Exhibit B shall hereinafter be known as “Amended Parcel 1463RDUE/TDRE.”
2. The road right of way, drainage, utility, and temporary driveway restoration
easement taking of Parcel 1463RDUE/TDRE, as described in Exhibit A, vested in Petitioner
pursuant to the Stipulated Order of Taking dated June 24, 2025, and the deposit of money
heretofore made on July 23, 2025, is approved, ratified, and confirmed. Such deposit for the
easement taking of Parcel 1463RDUE/TDRE shall be applied toward compensation for the fee
simple taking of Amended Parcel 1463RDUE/TDRE, as described in Exhibit B, attached hereto
and incorporated herein.
3. Serra shall have extended possession of the property until March 31, 2026 (the
“Extended Possession Period”) on the terms and conditions set forth in Exhibit C attached hereto.
4. Respondents, CARRIE ANN SERRA and WAYNE EDWARD SERRA shall
recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Six Hundred Ninety-
Nine Thousand Dollars and No/100 ($699,000.00), for Amended Parcel 1463RDUE/TDRE, as
full payment for the property taken including attorney’s fees and costs inclusive of any and all
benefits, non-monetary benefits, apportionment and supplemental proceedings, if any; expert
witness fees and costs; statutory interest; and all claims related to real estate, severance damages,
and apportionment, if any.
5. Petitioner, COLLIER COUNTY, is entitled to a credit for the good faith estimate
of value deposited in the amount of Eighteen Thousand Five Hundred Dollars No/100
($18,500.00), for Parcel 1463RDUE/TDRE.
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[25-CA-240/1965269/1]
6 Within twenty (20) days from the entry of this Order, pursuant to Florida Statutes
Section 73.111, Petitioner, COLLIER COUNTY, FLORIDA, shall deposit into the Court Registry
the total sum of Six Hundred Eighty Thousand Five Hundred Dollars and No/100
($680,500.00), at which time title to said parcel as described in Exhibit B is vested in the name of
the Petitioner.
7. The Collier County Tax Collector may have a claim to the proceed to be paid for
Amended Parcel 1463RDUE/TDRE for unpaid ad valorem taxes assessed against said Parcel
through the date of taking. Accordingly, pursuant to the authority under Section 73.061, Fla. Stat.,
the Clerk is directed to pay to the Collier County Tax Collector any taxes shown to be due and
owning from the funds required herein to be placed in the Court Registry, at the time any order of
disbursement is issued. The amount disbursed to the Collier County Tax Collector shall be
calculated using the per diem rate of $9.09 for Amended Parcel 1463RDUE/TDRE for all days in
the 2025 tax years, up to and including the date of this Order.
8. Within thirty (30) days from the entry of this Order, the Clerk of Courts shall
disburse from the Court Registry as follows:
a. The Clerk shall disburse the sum of $2,227.05 (based on a $9.09 per day for 245 days,
Jan. 1, 2025, through September 2, 2025,) to the Collier County Tax Collector.
b. The Clerk shall disburse the remaining balance of $696,772.95 to Leroux Law Trust
Account, c/o John M. LeRoux, Esq., LeRoux Law, 13065 W. Linebaugh Ave., Ste 101, Tampa,
FL 33626 in satisfaction of this judgment.
9. Counsel for Respondents, Serra, shall disburse the funds necessary for the
satisfaction and payment in full of any and all mortgages/liens held by Respondents (including,
but not limited to, the bank, HUD, Energy Solutions Direct) and request written satisfactions.
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[25-CA-240/1965269/1]
The balance of the funds may be disbursed to Serra, and for the payment of Serra’s attorney’s
fees and costs.
10. This Amended Order of Taking and Stipulated Final Judgment disposes of all
claims arising out of the taking of Amended Parcel 1463RDUE/TDRE that have or could have
been asserted in this cause.
11. The Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment and apportionment of the compensation being paid.
12. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official
Record Book 6438, Page 3881 of the Public Records of Collier County, Florida is hereby released
as to Parcel 1463RDUE/TDRE.
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[25-CA-240/1965269/1]
EXHIBIT A
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[25-CA-240/1965269/1]
EXHIBIT B
(the land in fee simple, together with any and all buildings, structures, fixtures, equipment, buit-in
appliances, landscaping, and other improvements being referred to herein collectively as the
“Property”), together with the following items: refrigerators, stoves, dishwashers, microwaves,
garage door openers and remotes, and security devices, but excluding washers and dryers. The
term “Property” does not include Britt-Serra’s furniture or furnishings (e.g., lamps, rugs, wall
hangings) (collectively, “Personal Items”).
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[25-CA-240/1965269/1]
EXHIBIT C
(i) SURRENDER DATE. Serra shall not lease or rent all or any portion of the Property
during the Extended Possession Period. Serra shall comply with all applicable laws, rules, and
regulations of the County, and shall not remove any items included in this Agreement or make any
other changes to the Property, during the Extended Possession Period. If Serra intends to vacate
the Property, earlier than the calendar date set forth in the paragraph 2, Serra shall deliver written
notice of such intention shall be delivered to the County at least 7 days before vacating the Property
(the actual date on which Serra vacates and surrenders possession as set forth in Serra’s notice
being referred to herein as the “Surrender Date”).
(ii) UTILITIES, MAINTENANCE, AND OTHER EXPENSES. Britt-Serra, at their
sole expense, shall pay all utility expenses (e.g., electricity, gas, water, sewer, phone, internet,
cable), maintenance and repair expenses, cost of pest control, landscaping, security, and other
routine services, and all other expenses associated with the Property that accrue during the
Extended Possession Period.
(iii) INSURANCE. Throughout the Extended Possession Period, Serra, at their sole
expense, shall maintain personal property insurance in an amount not less that $100,000, and
liability insurance in an amount not less than $300,000 per occurrence naming the County as an
additional insured, together with loss of coverage. All insurance policies shall be maintained with
a reputable insurance company licensed to do business in Florida. Prior to the entry of the
Stipulated Amended Order of Taking and Final Judgment, Serra shall provide the County with
evidence of the required insurance coverage and a paid receipt for the policy premium covering
the Extended Possession Period, The County shall not be liable to Serra if the Property becomes
Page 4498 of 4682
[25-CA-240/1965269/1]
damaged or uninhabitable during the extended Possession Period due to fire or other casualty,
interruption in utility service, or for any other reason.
(iv) CONDITION UPON SURRENDER. On the earlier of the Surrender Date or March
31, 2026, Serra shall remove their Personal Items and leave the Property in “broom clean”
condition, free of all debris, with all Systems and Equipment in Working Condition (defined
below), and in substantially the same condition as exists on the date of Serra’s execution of this
Agreement. The County shall have the right to inspect the Property at any time during the Extended
Possession Period with 24 hours notice to Serra. Serra shall ensure that any other occupants of the
Property also vacate the property as set forth herein.
(v) WRIT OF POSSESSION. The Parties agree that in the event the Respondents fail
to timely vacate the Property by March 31, 2026, as required herein, the Petitioner shall be entitled
to the immediate issuance of a Writ of Possession without filing of any further action in a court of
law.
(vi) INSPECTIONS. Following the date of the parties’ execution of this Agreement, the
County shall have the right, at its sole cost and expense, to conduct whatever investigations and
inspections of the Property that it deems appropriate, including, without limitation, a title
examination, property survey, appraisal, building inspections, environmental assessments,
engineering studies, soil borings, determination of compliance of the Property with applicable
laws, and the like. Serra shall provide the County with reasonable access to the Property to conduct
on-site inspections. The County shall promptly repair any damage to the Property caused by such
on-site inspections.
(vii) INDEMNIFICATION; WAIVER OF CLAIMS. Serra shall indemnify, defend, and
hold the County harmless from and against all claims and action asserted against the County, and
Page 4499 of 4682
[25-CA-240/1965269/1]
all damages, losses, liability, penalties, fines, costs and expenses, including, without limitation,
attorney fees and court costs, suffered or incurred by the County, arising from (i) Serra’s failure to
perform any of their obligations under this Agreement; or (ii) injuries, accidents, damage to
Serra’s personal property, or other incidents occurring on the Property during the Extended
Possession Period, and Serra hereby waives all claims against the County with respect thereto.
Page 4500 of 4682
AERIAL – PARCELS 1463RDUE/TDRE & ENTIRE PROPERTY
VANDERBILT BEACH RD EXT (PH.2) PROJECT NO. 60249
FUTURE 2 LANE EXT
(VBRX3)
FUTURE 4/6 LANE EXPANSION FUTURE 4/6 LANE
EXPANSION
ENTIRE PROPERTY
/
POND SITE
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