Agenda 09/09/2025 Item #16K 7 (Stipulated Final Judgment - Parcel 1278FEE required for the Vanderbilt Beach Road Extension Project #60249)9/9/2025
Item # 16.K.7
ID# 2025-2857
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $150,000 plus $31,308 in statutory attorney
and experts’ fees and costs for the taking of Parcel 1278FEE 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 $7,000.
OBJECTIVE: To settle full compensation for the taking of Parcel 1278FEE 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 1278FEE 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 0.59 acres in extent. The parent
tract includes one single-family home and associated site improvements owned by Janet Acevedo and Adrian Ley and
contains 3.86 acres of gross land area, which has been reduced to 3.27 acres after the acquisition. An aerial photograph
of the subject property is attached. The County’s appraiser estimated full compensation at $80,900 including severance
damages. The property owner’s initial demand was $247,100 plus attorney’s fees and expert fees and costs. The parties
participated in mediation and initially came to an impasse, but reached an agreement post-mediation. The attached
Stipulated Final Judgment reflects a negotiated compensation amount of $150,000 plus $23,034 in statutory attorney’s
fees, and $8,274 in expert fees and costs, for a total of $181,308.
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 $7,000.
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 $80,200 for its good faith estimate of value. Funds for the balance
of $101,278, 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 $7,000.
PREPARED BY: Robert Bosch, Manager, Manager ROW Acquisition, Operations and Performance Management
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9/9/2025
Item # 16.K.7
ID# 2025-2857
ATTACHMENTS:
1. P1278FEE - Joint Motion for Stipulated Final Judgment 082925
2. Aerial - Parcel 1278FEE
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[25-CA-194/1965974/1]
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-194
vs. Parcel 1278FEE
Janet Acevedo; Adrian Ley; DSA Nursery, Inc.,
US Department of Housing and Urban Development;
Mortgage Electronic Registration Systems, Inc., Midfirst
Bank, a Federally Chartered Savings Association;
Cavalry SPV I, LLC, as assignee of Synchrony Bank; Jennifer
Elmore; 121 Financial Credit Union f/k/a Florida Telco
Credit Union; Portfolio Recovery Associates, LLC, assignee of
GE Capital Retail Bank / JC Penny; Estate of James M. Braddock;
Estate of Cynthia S. Braddock; Tim T. Rudd; 1187 Corporation;
Michael S. Eastman; Angela M. Eastman; and Rob
Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1278FEE
Petitioner, Collier County, Florida, together with Respondents, Janet Acevedo and Adrian
Ley, by and through undersigned counsel, hereby respectfully move this Court for the entry of the
foregoing Stipulated Final Judgment as to Parcel 1278FEE 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
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[25-CA-194/1965974/1]
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 2309 of 2661
[25-CA-194/1965974/1]
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-194
vs. Parcel 1278FEE
Janet Acevedo; Adrian Ley; DSA Nursery, Inc.,
US Department of Housing and Urban Development;
Mortgage Electronic Registration Systems, Inc., Midfirst
Bank, a Federally Chartered Savings Association;
Cavalry SPV I, LLC, as assignee of Synchrony Bank; Jennifer
Elmore; 121 Financial Credit Union f/k/a Florida Telco
Credit Union; Portfolio Recovery Associates, LLC, assignee of
GE Capital Retail Bank / JC Penny; Estate of James M. Braddock;
Estate of Cynthia S. Braddock; Tim T. Rudd; 1187 Corporation;
Michael S. Eastman; Angela M. Eastman; and Rob
Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1278FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondents, Janet Acevedo and Adrian Ley, by and through counsel,
for the entry of a Stipulated Final Judgment as to Parcel 1278FEE 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, Janet Acevedo and Adrian Ley, shall recover from Petitioner, Collier
County, Florida, the total sum of One Hundred Fifty Thousand Dollars and No/100
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[25-CA-194/1965974/1]
($150,000.00), subject to apportionment, if any, for Parcel 1278FEE, as full payment for the
property interest taken, including business damages, if any, in connection with said Parcel.
2. Respondents, Janet Acevedo and Adrian Ley, shall recover from Petitioner, Collier
County, Florida, the total sum of Twenty-Three Thousand Thirty-Four Dollars and No/100
($23,034.00), for all attorney fees and attorney litigation costs in this case, including fees related
to monetary and non-monetary benefits. Supplemental fees may be awarded in an amount not to
exceed $7,000.00 for attorney’s fees relating to the apportionment process, if any.
3. Respondents, Janet Acevedo and Adrian Ley, shall recover from Petitioner, Collier
County, Florida, the total sum of Eight Thousand Two Hundred Seventy-Four Dollars and
No/100 ($8,274.00), for all expert fees and costs, including $200 in aerial photography fees,
associated with the acquisition of Parcel 1278FEE, 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 Eighty Thousand Two Hundred Dollars and
No/100 ($80,200.00), as payment for the acquisition of Parcel 1278FEE, 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 deposit into the Court Registry the sum of Sixty-Nine Thousand Eight Hundred
Dollars and No/100 ($69,800.00) as payment for the acquisition of Parcel 1278FEE, subject to
apportionment, if any.
6. Within thirty (30) days from the date of this Order, Petitioner, Collier County,
Florida, shall pay the sum of Thirty-One Thousand Three Hundred Eight Dollars and No/100
($31,308.00), representing the total sum due for the attorney’s fees and costs, and expert fees and
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[25-CA-194/1965974/1]
costs, by issuing a check payable to LeRoux Law Trust 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 1278FEE 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
June 23, 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 920 of the Public Records of Collier County, Florida be dismissed as to Parcel
1278FEE.
11. Respondents, Rob Stoneburner, Collier County Tax Collector and DSA
Nursery, Inc., are dismissed from this action as to Parcel 1278FEE.
12. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment, including any apportionment issues.
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[25-CA-194/1965974/1]
13. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Exhibit “A”
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AERIAL – PARCEL 1278FEE
(VANDERBILT BEACH RD EXT (PH 2) PROJECT NO. 60249
10th Ave NE
PARCEL 1278FEE
/
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