Agenda 09/23/2025 Item #16K 6 (Approve a Stipulated Final Judgment in the amount of $90,000 plus $26,142 in statutory attorney and experts’ fees and costs for the taking of Parcel 1340FEE required for the Vanderbilt Beach Road Extension Project No. 60249)9/23/2025
Item # 16.K.6
ID# 2025-3617
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $90,000 plus $26,142 in statutory attorney
and experts’ fees and costs for the taking of Parcel 1340FEE required for the Vanderbilt Beach Road Extension Project
No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1340FEE 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 1340FEE 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 0.17 acres in extent. The parent
tract includes a single-family home and associated improvements and is owned by Robert Sierra and Adriana Sierra. The
parent tract contains 1.14 acres of gross land area, which will be reduced to .97 acres after the acquisition. An aerial
photograph of the subject property is attached. The County’s appraiser estimated full compensation at $38,100
including severance damages. The property owner’s initial demand was $150,600 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 $90,000 plus
$17,127 in statutory attorney’s fees, $9,015 in expert fees and costs, for a total of $116,142.
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 $38,100 for its good faith estimate of value. Funds for the balance
of $78,042 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. P1340FEE FINAL Joint Motion for Stipulated Final Judgment
2. Aerial - Parcel 1340FEE
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[25-CA-225/1972093/1]
_______________________________
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
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-225
vs. Parcel 1340FEE
Roberto T. Sierra; Adriana Sierra; Mortgage Electronic
Registration Systems, Inc; Lawrence W. Zimmer III;
Alice B. Zimmer; Linda Nizzardo; 3 Palm Electric LLC;
Unknown tenant(s); Michael Baglino; Allison Duran;
Joel Symonds; Brenda Symonds; Alfred Blake; Island
Paradise Builders LLC; Brenda Symonds PA; and
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1340FEE
Petitioner, Collier County, Florida, together with Respondents, Roberto T. Sierra and
Adriana Sierra, and Respondent Mortgage Electronic Registration Systems, Inc., by and through
undersigned counsel, hereby respectfully move this Court for the entry of the foregoing Stipulated
Final Judgment as to Parcel 1340FEE attached hereto as Exhibit “1”.
__________/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
ROBERTO AND ADRIANA SIERRA
tony@policastrolaw.com
eric@policastrolaw.com
yadi@policastrolaw.com
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[25-CA-225/1972093/1]
_/s/ Jason Duggar__________________
JASON DUGGAR, ESQ.
Florida Bar No. 083813
GhidottiBerger LLP
10800 Biscayne Blvd, Ste. 201
Miami, FL 33161
COUNSEL FOR MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
jduggar@ghidottiberg.com
Telephone: (305) 501-2808 Ext. 1214
Fax: (954) 780-5578
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[25-CA-225/1972093/1]
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.
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[25-CA-225/1972093/1]
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-225
vs. Parcel 1340FEE
Roberto T. Sierra; Adriana Sierra; Mortgage Electronic
Registration Systems, Inc; Lawrence W. Zimmer III;
Alice B. Zimmer; Linda Nizzardo; 3 Palm Electric LLC;
Unknown tenant(s); Michael Baglino; Allison Duran;
Joel Symonds; Brenda Symonds; Alfred Blake; Island
Paradise Builders LLC; Brenda Symonds PA; and
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1340FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondents, Roberto T. Sierra and Adriana Sierra, and Respondent
Mortgage Electronic Registration Systems, Inc., by and through counsel, for the entry of a
Stipulated Final Judgment as to Parcel 1340FEE 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, Roberto T. Sierra and Adriana Sierra, shall recover from Petitioner,
Collier County, Florida, the total sum of Ninety Thousand Dollars and No/100 ($90,000.00),
subject to apportionment, if any, for Parcel 1340FEE, as full payment for the property interest
taken, including business damages, if any, in connection with said Parcel.
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2. Respondents, Roberto T. Sierra and Adriana Sierra, shall recover from Petitioner,
Collier County, Florida, the total sum of Seventeen Thousand One Hundred Twenty-Seven
Dollars and No/100 ($17,127.00), for all attorney fees and attorney litigation costs in this case,
including fees related to monetary and non-monetary benefits and supplemental proceedings, if
any.
3. Respondents, Roberto T. Sierra and Adriana Sierra, shall recover from Petitioner,
Collier County, Florida, the total sum of Nine Thousand Fifteen Dollars and No/100
($9,015.00), for all expert fees and costs, associated with the acquisition of Parcel 1340FEE, 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 One Hundred Dollars
and No/100 ($38,100.00), as to Parcel 1340FEE, 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 Seventy-Eight Thousand Forty-Two Dollars and No/100
($78,042.00), representing the balance due for the acquisition of Parcel 1340FEE of Fifty-One
Thousand Nine Hundred Dollars and No/100 ($51,900.00), 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. That upon the receipt and clearing of the funds pursuant to Paragraph 5 above, the
Policastro Law Group, shall issue a check in the sum of One Thousand Two Hundred Seventy-
Three Dollars and 35/100 ($1,273.35), from its Trust Account payable to the Trust Account of
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[25-CA-225/1972093/1]
GhidottiBerger, and mail it to Jason Dugar, Esq., GhidottiBerger, 10800 Biscayne Blvd, Suite 201,
Miami, FL 33161, as attorney for Mortgage Electronic Registration Systems, Inc., in satisfaction
of the attorney’s fees and costs of Mortgage Electronic Registration Systems, Inc. in this matter,
to be applied as follows:
a. The sum of Five Hundred Seven Dollars and 90/100 ($507.90) shall be applied to
GhidottiBerger attorneys fee and cost Invoice Number 968039, dated May 28, 2025, in
satisfaction of same.
b. The sum of Seven Hundred Sixty-Five Dollars and 45/100 ($765.45) shall be applied
to GhidottiBerger attorneys fee and cost Invoice Number 972097, dated June 26, 2025,
in satisfaction of same.
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 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 Respondents are entitled to compensation. Such compensation, if any, is 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.
8. This Order disposes of all claims arising out of the taking of Parcel 1340FEE 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 6, 2025, and the deposit of money heretofore made, is approved, ratified, and confirmed.
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10. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
6438, Page 3234 of the Public Records of Collier County, Florida be dismissed as to Parcel
1340FEE.
11. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
121. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
13. Respondent, Rob Stoneburner, Collier County Tax Collector, is dismissed from
this lawsuit as to Parcel 1340FEE.
Exhibit “A”
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AERIAL – PARCEL 1340FEE
(VANDERBILT BEACH RD EXT (PH 2) PROJECT NO. 60249
10th Ave NE
PARCEL 1340FEE
/
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