Agenda 10/14/2025 Item #16K12 (Stipulated Final Judgment for the takiing of Parcel 1291FEE2 for the VBR Extension Project #60249)10/14/2025
Item # 16.K.12
ID# 2025-3641
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $90,000 plus $23,183 in statutory attorney
and experts’ fees and costs for the taking of Parcel 1291FEE2 required for the Vanderbilt Beach Road Extension Project
No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1291FEE2 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 1291FEE2 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, southerly boundary of the property and is approximately 0.37 acres in extent. The parent
tract consists of vacant land owned by Yvette Troise and contains 2.5 acres of gross land area, which has been reduced
to 2.13 acres after the acquisition. An aerial photograph of the subject property is attached. The County’s appraiser
estimated full compensation at $45,500 including severance damages. The property owner’s initial demand was
$173,600 plus attorney’s fees and expert fees and costs. The parties participated in informal negotiations and reached an
agreement. The attached Stipulated Final Judgment reflects a negotiated compensation amount of $90,000 plus $16,203
in statutory attorney’s fees, and $6,980 in expert fees and costs, for a total of $113,183.
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 $45,500 for its good faith estimate of value. Funds for the balance
of $67,853, 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.
PREPARED BY: Robert Bosch, Manager, Manager ROW Acquisition, Operations and Performance Management
ATTACHMENTS:
1. P1291FEE2 - Joint Motion for Stipulated Final Judgment(1)
2. Aerial - Parcel 1291FEE2
Page 5802 of 6526
[25-CA-205/1969976/1]
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-205
vs. Parcel 1291FEE2
Mark Bernstein; Lisa Bernstein; Mortgage Electronic
Registration Systems, Inc., CrossCountry Mortgage, LLC;
Anderson J. Diaz Luzon; Abdis Garcia Cruz;
Yvette Hernandez; Yvonne Troise; Robert R. McCluan as
Trustee of the Robert R. McCluan Trust dated May 31, 2007; and
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1291FEE2
Petitioner, Collier County, Florida, together with Respondent, Yvonne Troise, by and
through undersigned counsel, hereby respectfully move this Court for the entry of the foregoing
Stipulated Final Judgment as to Parcel 1291FEE2 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 RESPONDENT
John@lerouxlaw.com
Pleadings@lerouxlaw.com
Sherrice@lerouxlaw.com
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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 5804 of 6526
[25-CA-205/1969976/1]
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-205
vs. Parcel 1291FEE2
Mark Bernstein; Lisa Bernstein; Mortgage Electronic
Registration Systems, Inc., CrossCountry Mortgage, LLC;
Anderson J. Diaz Luzon; Abdis Garcia Cruz;
Yvette Hernandez; Yvonne Troise; Robert R. McCluan as
Trustee of the Robert R. McCluan Trust dated May 31, 2007; and
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1291FEE2
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondent, Yvonne Troise, by and through counsel, for the entry of
a Stipulated Final Judgment as to Parcel 1291FEE2 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, Yvonne Troise, shall recover from Petitioner, Collier County, Florida,
the total sum of Ninety Thousand Dollars and No/100 ($90,000.00), for Parcel 1291FEE2, as
full payment for the property interest taken, including business damages, if any, in connection
with said Parcel.
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[25-CA-205/1969976/1]
2. Respondent, Yvonne Troise, shall recover from Petitioner, Collier County, Florida,
the total sum of Sixteen Thousand Two Hundred Three Dollars and No/100 ($16,203.00), for
all attorney fees and attorney litigation costs in this case, including fees related to monetary and
non-monetary benefit.
3. Respondent, Yvonne Troise, shall recover from Petitioner, Collier County, Florida,
the total sum of Six Thousand Nine Hundred Eighty Dollars and No/100 ($6,980.00), for all
expert fees and costs, associated with the acquisition of Parcel 1291FEE2, 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 Forty-Five Thousand Five Hundred Dollars
and No/100 ($45,500.00), as payment for the acquisition of Parcel 1291FEE2, 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 sum of Sixty-Seven Thousand Six Hundred Eighty-Three Dollars and
No/100 ($67,683.00), representing the total sum due for the acquisition of Parcel 1291FEE2,
attorney’s fees and costs, and expert fees and 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.
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 26, 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
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[25-CA-205/1969976/1]
to Respondent for the 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 1291FEE2 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 Stipulated Order of Taking dated
May 19, 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 1529 of the Public Records of Collier County, Florida be dismissed as to Parcel
1291FEE2.
10. Respondent, Rob Stoneburner, Collier County Tax Collector is dismissed from
this action as to Parcel 1291FEE2.
11. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
12. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
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Exhibit “A”
Page 5808 of 6526
AERIAL – PARCEL 1291FEE2
Project No. 60249 – Vanderbilt Beach Road Ext Phase II
/
PARCEL 1291FEE2
12th Ave NE
Vanderbilt Beach Road
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