Agenda 10/14/2025 Item #16K21 (Stipulated Final Judgment for the takiing of Parcel 1305FEE1 for the VBR Extension Project #60249)10/14/2025
Item # 16.K.21
ID# 2025-4246
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $93,500 plus $23,816 in statutory attorney
fees, expert fees, and costs for the taking of Parcel 1305FEE required for the Vanderbilt Beach Road Extension Project
No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1305FEE 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 1305FEE 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 0.17 acres in extent. The parent
tract is improved with a single-family home and associated improvements owned by Salvatore Modica and Rosa
Modica. The parent tract contains 1.14 acres of gross land area, which will be reduced to 0.97 acres after the acquisition.
An aerial photograph of the subject property is attached. The County’s appraiser estimated full compensation at
$46,200 including severance damages. The property owner’s initial demand was $145,200 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
$93,500 plus $15,609 in statutory attorney’s fees and $8,207 expert fees, for a total of $117,316.
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 $46,200 for its good faith estimate of value. Funds for the balance
of $71,116 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 a majority vote for Board
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. P1305FEE -singed joint Motion for Stipulated Final Judgment
2. Aerial - Parcel 1305FEE
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[25-CA-239/1973476/1]
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-239
vs. Parcel 1305FEE
Blanco 4Investments, LLC; Unknown Tenant(s);
Gitay Kryger; Salvatore Modica; Rosa Modica;
Wells Fargo Bank, N.A., 78 Offsuit LLC; and
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1305FEE
Petitioner, Collier County, Florida, together with Respondents, Salvatore Modica and Rosa
Modica, by and through undersigned counsel, hereby respectfully move this Court for the entry of
the foregoing Stipulated Final Judgment as to Parcel 1305FEE 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
SALVATORE MODICA AND
ROSA MODICA
tony@policastrolaw.com
eric@policastrolaw.com
yadi@policastrolaw.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: _______________________________
COLLEEN M. GREENE, ESQ.
Page 5875 of 6526
[25-CA-239/1973476/1]
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-239
vs. Parcel 1305FEE
Blanco 4Investments, LLC; Unknown Tenant(s);
Gitay Kryger; Salvatore Modica; Rosa Modica;
Wells Fargo Bank, N.A., 78 Offsuit LLC; and
Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1305FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondents, Salvatore Modica and Rosa Modica, by and through
counsel, for the entry of a Stipulated Final Judgment as to Parcel 1305FEE 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, Salvatore Modica and Rosa Modica, shall recover from Petitioner,
Collier County, Florida, the total sum of Ninety-Three Thousand Five Hundred Dollars and
No/100 ($93,500.00), for Parcel 1305FEE, as full payment for the property interest taken,
including business damages, if any, in connection with said Parcel.
2. Respondents, Salvatore Modica and Rosa Modica, shall recover from Petitioner,
Collier County, Florida, the total sum of Fifteen Thousand Six Hundred Nine Dollars and
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[25-CA-239/1973476/1]
No/100 ($15,609.00), for all attorney fees and attorney litigation costs in this case, including fees
related to monetary and non-monetary benefits.
3. Respondents, Salvatore Modica and Rosa Modica, shall recover from Petitioner,
Collier County, Florida, the total sum of Eight Thousand Two Hundred Seven Dollars and
No/100 ($8,207.00), for all expert fees and costs, associated with the acquisition of Parcel
1305FEE, 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-Six Thousand Two Hundred Dollars and
No/100 ($46,200.00), as payment for the acquisition of Parcel 1305FEE, 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 Seventy-One Thousand One Hundred Sixteen Dollars and
No/100 ($71,116.00), representing the balance due for the acquisition of Parcel 1305FEE, and
attorney’s fees and costs, and expert fees and costs, pursuant to paragraphs 3 and 4, above, 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. 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 on Vanderbilt Beach Road; however, the right-
of-way footprint is sufficient to accommodate up to a six-lane road design on Vanderbilt Beach
Road for which Respondents are entitled to compensation. Such compensation, if any, is reflected
in the herein Final Judgment. No additional compensation shall be due to the Respondents for the
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[25-CA-239/1973476/1]
actual 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 1305FEE 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 2, 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 3638 of the Public Records of Collier County, Florida be dismissed as to Parcel
1305FEE.
10. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
11. Respondent, Rob Stoneburner, Collier County Tax Collector, is dismissed from this
action as to Parcel 1305FEE.
12. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
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Exhibit “A”
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AERIAL – PARCEL 1305FEE
(VANDERBILT BEACH RD EXT (PH 2) PROJECT NO. 60249
PARCEL 1305FEE
12th Ave NE /
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