Agenda 10/14/2025 Item #16K14 (Stipulated Final Judgment for the takiing of Parcel 1357FEE for the VBR Extension Project #60249)10/14/2025
Item # 16.K.14
ID# 2025-3644
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $120,000 plus $22,530 in statutory attorney
and experts’ fees and costs for the taking of Parcel 1357FEE required for the Vanderbilt Beach Road Extension Project
No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1357FEE 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 1357FEE 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 Luciano Zela 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 $81,800 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 $120,000 plus
$15,609 in statutory attorney’s fees, and $6,921 in expert fees and costs, for a total of $142,530.
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 $60,900, 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. P1357FEE - Joint Motion for Stipulated Final Judgment(2)
2. Aerial - Parcel 1357FEE
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[25-CA-222/1969886/1]
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-222
vs. Parcel 1357FEE
Chavers LLC; Aurelio Rendon Pascual; Margarita Rojas;
Fernando Hernandez, LLC; Unknown Tenant(s); QFC
Properties, LLC; Lux-Naples, LLC, a Florida limited
liability company (dissolved); Mortgage Electronic
Registration Systems, Inc; Luciano Zela; Juan A. Miranda Ortiz;
Loida Jeannot; Florida Pace Funding Agency; Delbi Javier;
Anny Javier; Rendon Real Estate LLC; and
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1357FEE
Petitioner, Collier County, Florida, together with Respondent, Luciano Zela, by and
through undersigned counsel, hereby respectfully move this Court for the entry of the foregoing
Stipulated Final Judgment as to Parcel 1357FEE 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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[25-CA-222/1969886/1]
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 5820 of 6526
[25-CA-222/1969886/1]
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-222
vs. Parcel 1357FEE
Chavers LLC; Aurelio Rendon Pascual; Margarita Rojas;
Fernando Hernandez, LLC; Unknown Tenant(s); QFC
Properties, LLC; Lux-Naples, LLC, a Florida limited
liability company (dissolved); Mortgage Electronic
Registration Systems, Inc; Luciano Zela; Juan A. Miranda Ortiz;
Loida Jeannot; Florida Pace Funding Agency; Delbi Javier;
Anny Javier; Rendon Real Estate LLC; and
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1357FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondent, Luciano Zela, by and through counsel, for the entry of a
Stipulated Final Judgment as to Parcel 1357FEE 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, Luciano Zela, shall recover from Petitioner, Collier County, Florida,
the total sum of One Hundred Twenty Thousand Dollars and No/100 ($120,000.00), for Parcel
1357FEE, as full payment for the property interest taken, including business damages, if any, in
connection with said Parcel.
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[25-CA-222/1969886/1]
2. Respondent, Luciano Zela, shall recover from Petitioner, Collier County, Florida,
the total sum of Fifteen Thousand Six Hundred Nine Dollars and No/100 ($15,609.00), for all
attorney fees and attorney litigation costs in this case, including fees related to monetary and non-
monetary benefit.
3. Respondent, Luciano Zela, shall recover from Petitioner, Collier County, Florida,
the total sum of Six Thousand Nine Hundred Twenty-One Dollars and No/100 ($6,921.00),
for all expert fees and costs, associated with the acquisition of Parcel 1357FEE, 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-One Thousand Eight Hundred Dollars
and No/100 ($81,800.00), as payment for the acquisition of Parcel 1357FEE, 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 Thousand Seven Hundred Thirty Dollars and No/100
($60,730.00), representing the total sum due for the acquisition of Parcel 1357FEE, 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-222/1969886/1]
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 1357FEE 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
June 23, 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 2020 of the Public Records of Collier County, Florida be dismissed as to Parcel
1357FEE.
10. Respondent, Rob Stoneburner, Collier County Tax Collector is dismissed from
this action as to Parcel 1357FEE.
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 5824 of 6526
AERIAL – PARCEL 1357FEE
Project No. 60249 – Vanderbilt Beach Road Ext Phase II
Vanderbilt Beach Road
PARCEL 1357FEE
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