Agenda 10/14/2025 Item #16K17 (Stipulated Final Judgment for the takiing of Parcel 1367FEE for the VBR Extension Project #60249)10/14/2025
Item # 16.K.17
ID# 2025-4231
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $212,500 plus $55,121 in statutory attorney
and experts’ fees and costs for the taking of Parcel 1367FEE required for the Vanderbilt Beach Road Extension Project
No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1367FEE 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 1367FEE 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 0.38 acres in extent. The parent
tract is improved with a single-family home and is owned by Mauricio Gomez and Adriana Ledesma, and contains 2.5
acres of gross land area, which has been 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 $86,100 including severance damages. The
property owner’s initial demand was $369,700 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 $212,500 plus $41,712 in statutory attorney’s fees, and $13,409 in expert fees and costs, for a total of $267,621.
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 $86,100 for its good faith estimate of value. Funds for the balance
of $181,691, 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. P1367FEE - Signed Joint Motion for Stipulated Final Judgment
2. Aerial - Parcel 1367FEE
Page 5843 of 6526
[25-CA-245/1975357/1]
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-245
vs. Parcel 1367FEE
James R. Meeks; Leanne H. Meeks; Mortgage Electronic
Registration Systems Inc; US Department of Veterans Affairs;
Celia Martin; Perla Davis; Mauricio D. Cifuentes Gomez;
Adriana Ledesma; Orlando Guerra; Dayely Gonzalez;
Orlando Grading Inc; Sunshine City School Transportation LLC;
OGV Investment Inc; Michael G. Barry; Space Coast Credit Union;
and Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1367FEE
Petitioner, Collier County, Florida, together with Respondents, Mauricio D. Cifuentes
Gomez and Adriana Ledesma, by and through undersigned counsel, hereby respectfully move this
Court for the entry of the foregoing Stipulated Final Judgment as to Parcel 1367FEE 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/ 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
MAURICIO D. CIFUENTES GOMEZ
AND ADRIANA LEDESMA
tony@policastrolaw.com
eric@policastrolaw.com
yadi@policastrolaw.com
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[25-CA-245/1975357/1]
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 5845 of 6526
[25-CA-245/1975357/1]
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-245
vs. Parcel 1367FEE
James R. Meeks; Leanne H. Meeks; Mortgage Electronic
Registration Systems Inc; US Department of Veterans Affairs;
Celia Martin; Perla Davis; Mauricio D. Cifuentes Gomez;
Adriana Ledesma; Orlando Guerra; Dayely Gonzalez;
Orlando Grading Inc; Sunshine City School Transportation LLC;
OGV Investment Inc; Michael G. Barry; Space Coast Credit Union;
and Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1367FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondents, Mauricio D. Cifuentes Gomez and Adriana Ledesma,
by and through counsel, for the entry of a Stipulated Final Judgment as to Parcel 1367FEE 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, Mauricio D. Cifuentes Gomez and Adriana Ledesma, shall recover
from Petitioner, Collier County, Florida, the total sum of Two Hundred Twelve Thousand Five
Hundred Dollars and No/100 ($212,500.00), for Parcel 1367FEE, subject to apportionment, if
any, as full payment for the property interest taken, including business damages, if any, in
connection with said Parcel.
Page 5846 of 6526
[25-CA-245/1975357/1]
2. Respondents, Mauricio D. Cifuentes Gomez and Adriana Ledesma, shall recover
from Petitioner, Collier County, Florida, the total sum of Forty-One Thousand Seven Hundred
Twelve Dollars and No/100 ($41,712.00), for all attorney fees and attorney litigation costs in
this case, including fees related to monetary and non-monetary benefits.
3. Respondents, Mauricio D. Cifuentes Gomez and Adriana Ledesma, shall recover
from Petitioner, Collier County, Florida, the total sum of Thirteen Thousand Four Hundred
Nine Dollars and No/100 ($13,409.00), for all expert fees and costs, associated with the
acquisition of Parcel 1367FEE, 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-Six Thousand One Hundred Dollars and
No/100 ($86,100.00), as payment for the acquisition of Parcel 1367FEE, 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 Fifty-Five Thousand One Hundred Twenty-One Dollars and
No/100 ($55,121.00), representing the sum due for the attorney’s fees and costs, and 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. Within thirty (30) days from the entry of this Order, Petitioner, Collier County,
Florida, shall deposit into the Court Registry the sum of One Hundred Twenty-Six Thousand
Four Hundred Dollars and No/100 ($126,400.00), representing the balance due for the
acquisition of Parcel 1367FE.
Page 5847 of 6526
[25-CA-245/1975357/1]
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 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 1367FEE 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 21, 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 3496 of the Public Records of Collier County, Florida be dismissed as to Parcel
1367FEE.
11. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment, including apportionment, if any.
12. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Page 5848 of 6526
[25-CA-245/1975357/1]
Exhibit “A”
Page 5849 of 6526
AERIAL – PARCEL 1367FEE
(VANDERBILT BEACH RD EXT (PH 2) PROJECT NO. 60249
PARCEL 1367FEE
12th Ave NE
/
Page 5850 of 6526