Agenda 09/09/2025 Item #16K 6 (Stipulated Final Judgment - Parcel 1326FEE required for the Vanderbilt Beach Road Extension Project #60249)9/9/2025
Item # 16.K.6
ID# 2025-2841
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $122,000 plus $28,782 in statutory attorney
and experts’ fees and costs for the taking of Parcel 1326FEE required for the Vanderbilt Beach Road Extension Project
No. 60249, and delegate authority to the County Manager or her designee to process payment of additional statutory
attorney’s fees for supplemental proceedings, if any, as authorized by Ch. 73, Fla. Stat., but not to exceed $3,000.
OBJECTIVE: To settle full compensation for the taking of Parcel 1326FEE 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 1326FEE 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, northerly boundary of the property and is approximately 0.38 acres in extent. The parent
tract includes one single-family home and associated site improvements owned by Travis and Ashley Ash and contains
2.5 acres of gross land area, which has been reduced to 2.12 acres after the acquisition. An aerial photograph of the
subject property is attached. The County’s appraiser estimated full compensation at $60,600 including severance
damages. The property owner’s initial demand was $215,900 plus attorney’s fees and expert fees and costs. The parties
participated in mediation and reached an agreement. The attached Stipulated Final Judgment reflects a negotiated
compensation amount of $122,000 plus $20,262 in statutory attorney’s fees, and $8,520 in expert fees and costs, for a
total of $150,782.
Pursuant to Ch. 73, Fla. Stat., Respondent is entitled to additional attorney’s fees for supplemental proceedings, if any,
including disbursement and apportionment proceedings. This Executive Summary authorizes the County Manager or her
designee to process payment of additional statutory attorney’s fees for supplemental proceedings, if any, pursuant to
Sections 73.091 and 73.092, Fla. Stat., but not to exceed $3,000.
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 $60,600 for its good faith estimate of value. Funds for the balance
of $90,352 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 Final Judgment and authorize the
payment of funds as stated herein and delegate authority to the County Manager or her designee to process payment of
additional statutory attorney’s fees for supplemental proceedings, if any, as authorized by Ch. 73, Fla. Stat., but not to
exceed $3,000.
PREPARED BY: Robert Bosch, Manager, Manager ROW Acquisition, Operations and Performance Management
Page 2297 of 2661
9/9/2025
Item # 16.K.6
ID# 2025-2841
ATTACHMENTS:
1. P1326FEE - FINAL Joint Motion for Stipulated Final Judgment
2. Aerial - Parcel 1326FEE
Page 2298 of 2661
[25-CA-214/1968470/1]
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-214
vs. Parcel 1326FEE
Alejandro Arias; John H. Yates; Amy A. Yates;
Mortgage Electronic Registration Systems, Inc;
Suncoast Credit Union; Raimar Vinent; Ramlet Vinent;
Travis N. Ash; Ashley E. Ash; Lake Michigan Credit Union;
GA Property N LLC; Unknown Tenants; ARA Construction and
Investments, Inc; Isany Quincoses; Training Licensing Center, Inc;
and Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1326FEE
Petitioner, Collier County, Florida, together with Respondents, Travis N. Ash and Ashley
E. Ash, by and through undersigned counsel, hereby respectfully move this Court for the entry of
the foregoing Stipulated Final Judgment as to Parcel 1326FEE 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) 712-1137
COUNSEL FOR RESPONDENTS
John@lerouxlaw.com
Pleadings@lerouxlaw.com
Sherrice@lerouxlaw.com
Page 2299 of 2661
[25-CA-214/1968470/1]
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: _______________________________
SALLY A. ASHKAR, ESQ.
Page 2300 of 2661
[25-CA-214/1968470/1]
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-214
vs. Parcel 1326FEE
Alejandro Arias; John H. Yates; Amy A. Yates;
Mortgage Electronic Registration Systems, Inc;
Suncoast Credit Union; Raimar Vinent; Ramlet Vinent;
Travis N. Ash; Ashley E. Ash; Lake Michigan Credit Union;
GA Property N LLC; Unknown Tenants; ARA Construction and
Investments, Inc; Isany Quincoses; Training Licensing Center, Inc;
and Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1326FEE
(WITH DIRECTIONS TO THE CLERK FOR DISBURSEMENT)
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondents, Travis N. Ash and Ashley E. Ash, by and through
counsel, for the entry of a Stipulated Final Judgment as to Parcel 1326FEE 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, Travis N. Ash and Ashley E. Ash, shall recover from Petitioner,
Collier County, Florida, the total sum of One Hundred Twenty-Two Thousand Dollars and
No/100 ($122,000.00), for Parcel 1326FEE, as full payment for the property interest taken,
including business damages, if any, in connection with said Parcel.
Page 2301 of 2661
[25-CA-214/1968470/1]
2. Respondents, Travis N. Ash and Ashley E. Ash, shall recover from Petitioner,
Collier County, Florida, the total sum of Twenty Thousand Two Hundred Sixty-Two Dollars
and No/100 ($20,262.00), for all attorney fees and attorney litigation costs in this case, including
fees related to monetary and non-monetary benefit, but excluding supplemental proceedings
which shall not exceed $3,000, if any.
3. Respondents, Travis N. Ash and Ashley E. Ash, shall recover from Petitioner,
Collier County, Florida, the total sum of Eight Thousand Five Hundred Twenty Dollars and
No/100 ($8,520.00), for all expert fees and costs, associated with the acquisition of Parcel
1326FEE, and no other expert fees or costs shall be paid in this matter.
4. The Clerk of Court is directed to disburse a check within 14 days of the entry of
this Judgment in the amount of Sixty Thousand Five Hundred Sixteen Dollars and No/100
($60, 516.00) (this sum being the initial deposit of $60,600.00 less the disbursement of $84.00 to
the Collier County Tax Collector) payable to Travis N. Ash and Ashley E. Ash and deliver said
check to John M. LeRoux, Esq., LeRoux Law, 13065 W. Linebaugh Ave., Ste 101, Tampa, FL
33626.
5. Petitioner, Collier County, Florida, is entitled to a credit for the good faith estimate
of value previously deposited in the amount of Sixty Thousand Six Hundred Dollars and
No/100 ($60,600.00), as payment for the acquisition of Parcel 1326FEE, at which time title to
said Parcel as described in Exhibit “A” vested in the name of Petitioner, Collier County, Florida.
6. Within thirty (30) days from the entry of this Order, Petitioner, Collier County,
Florida, shall pay the sum of Ninety Thousand One Hundred Eighty-Two Dollars and No/100
($90,182.00), representing the total sum due for the acquisition of Parcel 1326FEE, attorney’s
fees and costs, and expert fees and costs, by issuing a check payable to LeRoux Law Trust
Page 2302 of 2661
[25-CA-214/1968470/1]
Account, and mailing it to John M. LeRoux, Esq., LeRoux Law, 13065 W. Linebaugh Ave., Ste
101, Tampa, FL 33626.
7. 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; however, the right-of-way footprint is
sufficient to accommodate up to a six-lane road design. No additional compensation shall be due
to Respondents for the future widening of Vanderbilt Beach Road up to four-lanes or six-lanes,
including related roadway improvements to Vanderbilt Beach Road.
8. This Order disposes of all claims arising out of the taking of Parcel 1326FEE that
have or could have been asserted in this cause.
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 9, 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 1780 of the Public Records of Collier County, Florida be dismissed as to Parcel
1326FEE.
11. Respondent, Rob Stoneburner, Collier County Tax Collector is dismissed from
this action as to Parcel 1326FEE.
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.
Page 2303 of 2661
[25-CA-214/1968470/1]
Exhibit “A”
Page 2304 of 2661
AERIAL – PARCEL 1326FEE
(VANDERBILT BEACH RD EXT (PH 2) PROJECT NO. 60249
PARCEL 1326FEE
10th Ave NE
/
Page 2305 of 2661