Agenda 10/14/2025 Item #16K19 (Stipulated Final Judgment for the takiing of Parcel 1281FEE for the VBR Extension Project #60249)10/14/2025
Item # 16.K.19
ID# 2025-4244
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $81,000 plus $18,022 in statutory attorney
and experts’ fees and costs for the taking of Parcel 1281FEE required for the Vanderbilt Beach Road Extension Project
No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1281FEE 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 1281FEE 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, southern boundary of the property and is approximately 0.34 acres in extent. The parent
tract is improved with a single-family home and associated improvements owned by Tim T. Rudd. The parent tract
contains 2.27 acres of gross land area, which will be reduced to 1.93 acres after the acquisition. An aerial photograph of
the subject property is attached. The County’s appraiser estimated full compensation at $47,900 including severance
damages. The property owner’s initial demand was $113,530 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 $81,000 plus $11,022 in statutory
attorney’s fees, $7,000 in expert fees and costs, for a total of $99,022.
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 $47,900 for its good faith estimate of value. Funds for the balance
of $51,122 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. –
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. P1281FEE - Joint Motion for Stipulated Final Judgment
2. Aerial - Parcel 1281FEE
Page 5859 of 6526
[25-CA-194/1973308/1]
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-194
vs. Parcel 1281FEE
Janet Acevedo; Adrian Ley; DSA Nursery, Inc.,
US Department of Housing and Urban Development;
Mortgage Electronic Registration Systems, Inc., Midfirst
Bank, a Federally Chartered Savings Association;
Cavalry SPV I, LLC, as assignee of Synchrony Bank; Jennifer
Elmore; 121 Financial Credit Union f/k/a Florida Telco
Credit Union; Portfolio Recovery Associates, LLC, assignee of
GE Capital Retail Bank / JC Penny; Estate of James M. Braddock;
Estate of Cynthia S. Braddock; Tim T. Rudd; 1187 Corporation;
Michael S. Eastman; Angela M. Eastman; and Rob
Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1281FEE
Petitioner, Collier County, Florida, together with Respondent, Tim T. Rudd, by and
through undersigned counsel, hereby respectfully move this Court for the entry of the foregoing
Stipulated Final Judgment as to Parcel 1281FEE 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/ DANIELLE M. CROWLEY_____
DANIELLE M. CROWLEY, ESQ.
Florida Bar No. 1037776
NJ Law PLLC
4501 Tamiami Trl N Ste 419
Naples, FL 34103-3023
Telephone: (239) 920-5228
COUNSEL FOR RESPONDENT
danielle@njlawflorida.com
nabil@njlawflorida.com
naomi@njlawflorida.com
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[25-CA-194/1973308/1]
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.
Page 5861 of 6526
[25-CA-194/1973308/1]
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-194
vs. Parcel 1281FEE
Janet Acevedo; Adrian Ley; DSA Nursery, Inc.,
US Department of Housing and Urban Development;
Mortgage Electronic Registration Systems, Inc., Midfirst
Bank, a Federally Chartered Savings Association;
Cavalry SPV I, LLC, as assignee of Synchrony Bank; Jennifer
Elmore; 121 Financial Credit Union f/k/a Florida Telco
Credit Union; Portfolio Recovery Associates, LLC, assignee of
GE Capital Retail Bank / JC Penny; Estate of James M. Braddock;
Estate of Cynthia S. Braddock; Tim T. Rudd; 1187 Corporation;
Michael S. Eastman; Angela M. Eastman; and Rob
Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1281FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondent, Tim T. Rudd, by and through counsel, for the entry of a
Stipulated Final Judgment as to Parcel 1281FEE 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, Tim T. Rudd, shall recover from Petitioner, Collier County, Florida,
the total sum of Eighty-One Thousand Dollars and No/100 ($81,000.00), for Parcel 1281FEE,
as full payment for the property interest taken, including business damages, if any, in connection
with said Parcel.
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[25-CA-194/1973308/1]
2. Respondent, Tim T. Rudd, shall recover from Petitioner, Collier County, Florida,
the total sum of Eleven Thousand Twenty-Two Dollars and No/100 ($11,022.00), for all
attorney fees and attorney litigation costs in this case, including fees related to monetary and non-
monetary benefit.
3. Respondent, Tim T. Rudd, shall recover from Petitioner, Collier County, Florida,
the total sum of Seven Thousand Dollars and No/100 ($7,000.00), for all expert fees and costs,
associated with the acquisition of Parcel 1281FEE, 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-Seven Thousand Nine Hundred Dollars
and No/100 ($47,900.00), as payment for the acquisition of Parcel 1281FEE, 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 Fifty-One Thousand One Hundred Twenty-Two Dollars and
No/100 ($51,122.00), representing the total sum due for the acquisition of Parcel 1281FEE,
attorney’s fees and costs, and expert fees and costs, by issuing a check payable to NJ Law PLLC
Trust Account, and mailing it to Danielle M. Crowley, Esq., NJ Law PLLC, 4501 Tamiami Trail
N., Ste 419, Naples, FL 34103.
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 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
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[25-CA-194/1973308/1]
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 1281FEE 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 24, 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 920 of the Public Records of Collier County, Florida be dismissed as to Parcel
1281FEE.
10. Respondents, 1187 Corporation; and Rob Stoneburner, Collier County Tax
Collector are dismissed from this action as to Parcel 1281FEE.
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.
Exhibit “A”
Page 5864 of 6526
AERIAL – PARCEL 1281FEE
Project No. 60249 – Vanderbilt Beach Road Ext Phase II
PARCEL 1281FEE
12th Ave NE
Page 5865 of 6526