Agenda 09/23/2025 Item #16K 5 (Approve a Stipulated Final Judgment in the amount of $90,000 plus $5,709 in statutory attorney fees and costs for the taking of Parcel 1378FEE required for the Vanderbilt Beach Road Extension Project No. 60249)9/23/2025
Item # 16.K.5
ID# 2025-3610
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $90,000 plus $5,709 in statutory attorney fees
and costs for the taking of Parcel 1378FEE required for the Vanderbilt Beach Road Extension Project No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1378FEE 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 1378FEE 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 is vacant, improved property and is owned by Delve Investments, LLC. The parent tract contains 2.50 acres of
gross land area, which will be 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 $81,800 including severance damages. The parties
participated in informal negotiations and reached an agreement subject to approval by the Board of County
Commissioners. The attached Stipulated Final Judgement reflects a negotiated compensation amount of $90,000 plus
$5,709 in statutory attorney’s fees for a total of $95,709.
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 $81,800 for its good faith estimate of value. Funds for the balance
of $13,909 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. 1378FEE - Joint Motion for Stipulated Final Judgment
2. Aerial - Parcel 1378FEE
Page 3458 of 3896
[25-CA-238/1969054/1]
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-238
vs. Parcel 1378FEE
Shammioon Ahmad; Scott M. Leonard; Elisabeth M. Leonard;
Context Media Naples LLC; William Warren; Kristin Jeffries;
Delve Investments, LLC; Joseph Patrick Jaus; William Nicholas Jaus; and
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1378FEE
Petitioner, Collier County, Florida, together with Respondent, Delve Investments, LLC, by
and through undersigned counsel, hereby respectfully move this Court for the entry of the
foregoing Stipulated Final Judgment as to Parcel 1378FEE 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/ CARLOS A. KELLY_________
CARLOS A. KELLY, ESQ.
Florida Bar No. 121274
Henderson, Franklin, Starnes & Holt, P.A.
PO Box 280
Ft. Myers, FL 33902-0290
Telephone: (239) 344-1326
Fax: (239) 344-1504
COUNSEL FOR RESPONDENT, DELVE
Carlos.kelly@jenlaw.com
Jeanne.culek@henlaw.com
Page 3459 of 3896
[25-CA-238/1969054/1]
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 3460 of 3896
[25-CA-238/1969054/1]
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-238
vs. Parcel 1378FEE
Shammioon Ahmad; Scott M. Leonard; Elisabeth M. Leonard;
Context Media Naples LLC; William Warren; Kristin Jeffries;
Delve Investments, LLC; Joseph Patrick Jaus; William Nicholas Jaus; and
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1378FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondent, Delve Investments, LLC, by and through counsel, for
the entry of a Stipulated Final Judgment as to Parcel 1378FEE 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. Respondent, Delve Investments, LLC, shall recover from Petitioner, Collier
County, Florida, the total sum of Ninety Thousand Dollars and No/100 ($90,000.00) for Parcel
1378FEE, as full payment for the property interest taken, including business damages, if any, in
connection with said Parcel.
2. Respondent, Delve Investments, LLC, shall recover from Petitioner, Collier
County, Florida, the total sum of Five Thousand Seven Hundred Nine Dollars and No/100
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[25-CA-238/1969054/1]
($5,709.00), 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. Petitioner, Collier County, Florida, is entitled to a credit for the good faith estimate
of value previously deposited in the amount of Eighty-One Thousand Eight Hundred Dollars
and No/100 ($81,800.00), as payment for the acquisition of Parcel 1378FEE, at which time title
to said Parcel as described in Exhibit “A” vested in the name of Petitioner, Collier County,
Florida.
4. Within thirty (30) days from the entry of this Order, Petitioner, Collier County,
Florida, shall pay the total sum of Thirteen Thousand Nine Hundred Nine Dollars and No/100
($13,909.00), representing the total sum due for the acquisition of Parcel 1378FEE, attorney’s fees,
and costs, by issuing a check payable to Trust Account of Henderson, Franklin, Starnes & Holt,
P.A, and mailing it to Carlos Kelly, Esq., c/o Henderson, Franklin, Starnes & Holt, P.A, 1715
Monroe Street, Fort Myers, FL 33901.
5. 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 $82.60 (based on $0.59 per day for 140 days
from January 1, 2025, through May 20, 2025), to the Collier County Tax Collector, c/o Kelly
Bartlett, as directed in the Order of Taking signed by Judge Brodie on May 21, 2025.
b. The Clerk shall disburse the remaining balance of $81,717.40 to Respondent, Delve
Investments, LLC, by issuing a check payable to Trust Account of Henderson, Franklin, Starnes
& Holt, P.A, and mailing it to Carlos Kelly, Esq., c/o Henderson, Franklin, Starnes & Holt, P.A,
1715 Monroe Street, Fort Myers, FL 33901.
Page 3462 of 3896
[25-CA-238/1969054/1]
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 24, 2025, and
March 26, 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 Road, for which Respondent is entitled to compensation. Such compensation,
if any, is reflected in the herein Final Judgment. No additional compensation shall be due to the
Respondent 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 1378FEE 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 Order of Taking dated May 21,
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 3590 of the Public Records of Collier County, Florida be dismissed as to Parcel
1378FEE.
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.
Page 3463 of 3896
[25-CA-238/1969054/1]
12. This matter is dismissed as to Joseph Patrick Jaus; William Nicholas Jaus; and
Rob Stoneburner, Collier County Tax Collector, for Parcel 1378FEE.
Exhibit “A”
Page 3464 of 3896
AERIAL – PARCEL 1378FEE
(VANDERBILT BEACH RD EXT (PH 2) PROJECT NO. 60249
PARCEL 1378FEE
/
10th Ave NE Everglades Boulevard Page 3465 of 3896