Agenda 10/14/2025 Item #16K15 (Stipulated Final Judgment for the takiing of Parcel 1329FEE for the VBR Extension Project #60249)10/14/2025
Item # 16.K.15
ID# 2025-3690
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $198,000 plus $49,918 in statutory attorney
and experts’ fees and costs for the taking of Parcel 1329FEE 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 $3,000.
OBJECTIVE: To settle full compensation for the taking of Parcel 1329FEE 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 1329FEE 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 0.48 acres in extent. The parent
tract is improved with a single-family home and is owned by Carmen Julia Reyes Michel, Luis D. Perez, Luis Ramon
Perez, and Beatriz Mesa, and contains 2.5 acres of gross land area, which has been reduced to 2.02 acres after the
acquisition. An aerial photograph of the subject property is attached. The County’s appraiser estimated full
compensation at $71,700 including severance damages. The property owner’s initial demand was $401,900 plus
attorney’s fees and expert fees and costs. The parties participated in mediation and reached an agreement. The attached
Stipulated Final Judgment reflects a negotiated compensation amount of $198,000 plus $41,679 in statutory attorney’s
fees, and $8,239 in expert fees and costs, for a total of $247,918.
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 $3,000.
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 $71,700 for its good faith estimate of value. Funds for the balance
of $176,388, 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 $3,000.
PREPARED BY: Robert Bosch, Manager, Manager ROW Acquisition, Operations and Performance Management
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10/14/2025
Item # 16.K.15
ID# 2025-3690
ATTACHMENTS:
1. P1329FEE - Joint Motion for Stipulated Final Judgment(2)
2. Aerial - Parcel 1329FEE
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[25-CA-215/1975599/1]
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-215
vs. Parcel 1329FEE
Sean Grant; Sharon Grant; Mortgage Electronic Registration
Systems, Inc., Carmen Julia Reyes Michel; Luis D. Perez; Luis
Ramon Perez; Beatriz Mesa; Unknown Tenants; Linda Alavez;
Francisco Alavez; Mid-State Trust IX, operating by and through
Wilmington Trust FSB not in its individual capacity but solely as the
Trustee of Mid-State Trust IX, N/K/A Wilmington Trust National
Association; Yaneisy Montelier; Alain Delgado; Manuel Lopez;
Maria Eugenia Lopez; Midland Funding, LLC; Naples HMA
LLC d/b/a Physicians Regional Medical Center – Collier; and
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1329FEE
Petitioner, Collier County, Florida, together with Respondents, Carmen Julia Reyes
Michel; Luis D. Perez; Luis Ramon Perez; and Beatriz Mesa, by and through undersigned counsel,
hereby respectfully move this Court for the entry of the foregoing Stipulated Final Judgment as to
Parcel 1329FEE 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-215/1975599/1]
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 5829 of 6526
[25-CA-215/1975599/1]
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-215
vs. Parcel 1329FEE
Sean Grant; Sharon Grant; Mortgage Electronic Registration
Systems, Inc., Carmen Julia Reyes Michel; Luis D. Perez; Luis
Ramon Perez; Beatriz Mesa; Unknown Tenants; Linda Alavez;
Francisco Alavez; Mid-State Trust IX, operating by and through
Wilmington Trust FSB not in its individual capacity but solely as the
Trustee of Mid-State Trust IX, N/K/A Wilmington Trust National
Association; Yaneisy Montelier; Alain Delgado; Manuel Lopez;
Maria Eugenia Lopez; Midland Funding, LLC; Naples HMA
LLC d/b/a Physicians Regional Medical Center – Collier; and
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1329FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondents, Carmen Julia Reyes Michel; Luis D. Perez; Luis Ramon
Perez; and Beatriz Mesa, by and through counsel, for the entry of a Stipulated Final Judgment as
to Parcel 1329FEE 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, Carmen Julia Reyes Michel; Luis D. Perez; Luis Ramon Perez; and
Beatriz Mesa, shall recover from Petitioner, Collier County, Florida, the total sum of One
Hundred Ninety-Eight Thousand Dollars and No/100 ($198,000.00), for Parcel 1329FEE, as
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[25-CA-215/1975599/1]
full payment for the property interest taken, including business damages, if any, in connection
with said Parcel.
2. Respondents, Carmen Julia Reyes Michel; Luis D. Perez; Luis Ramon Perez; and
Beatriz Mesa, shall recover from Petitioner, Collier County, Florida, the total sum of Forty-One
Thousand Six Hundred Seventy-Nine Dollars and No/100 ($41,679.00), for all attorney fees
and attorney litigation costs in this case, including fees related to monetary and non-monetary
benefit, but excluding supplemental proceedings which shall not exceed $3,000.00, if any.
3. Respondents, Carmen Julia Reyes Michel; Luis D. Perez; Luis Ramon Perez; and
Beatriz Mesa, shall recover from Petitioner, Collier County, Florida, the total sum of Eight
Thousand Two Hundred Thirty-Nine Dollars and No/100 ($8,239.00), for all expert fees and
costs, associated with the acquisition of Parcel 1329FEE, 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 Seventy-One Thousand Seven Hundred Dollars
and No/100 ($71,700.00), as payment for the acquisition of Parcel 1329FEE, 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 One Hundred Seventy-Six Thousand Two Hundred Eighteen
Dollars and No/100 ($176,218.00), representing the total sum due for the acquisition of Parcel
1329FEE, 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.
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[25-CA-215/1975599/1]
6. The Clerk of the Court is hereby directed to disburse the sum of Seventy-One
Thousand Five Hundred and Eighty Dollars and 12/100 ($71,580.12) (this sum being the
$71,700.00 initial deposit for Parcel 1329FEE, less the sum of One Hundred and Nineteen
Dollars and 88/100 ($119.88) disbursed to the Collier County Tax Collector) 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 Respondent 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 1329FEE 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 1798 of the Public Records of Collier County, Florida be dismissed as to Parcel
1329FEE.
11. Respondents, Unknown Tenants; and Rob Stoneburner, Collier County Tax
Collector is dismissed from this action as to Parcel 1329FEE.
Page 5832 of 6526
[25-CA-215/1975599/1]
12. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment and to award Attorney’s fees for supplemental proceedings in accordance with the
terms of this judgment.
13. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Exhibit “A”
Page 5833 of 6526
AERIAL – PARCEL 1329FEE
(VANDERBILT BEACH RD EXT (PH 2) PROJECT NO. 60249
PARCEL 1329FEE Golden Gate Main Canal /
12th Ave NE
Page 5834 of 6526