Agenda 12/09/2025 Item #16K 4 (Stipulated Final Judgment in the amount of $131,000 plus $29,808 in statutory attorney and experts’ fees and costs for the taking of Parcel 1322FEE required for the Vanderbilt Beach Road Extension Project No. 60249)12/9/2025
Item # 16.K.4
ID# 2025-4795
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $131,000 plus $29,808 in statutory attorney
and experts’ fees and costs for the taking of Parcel 1322FEE required for the Vanderbilt Beach Road Extension Project
No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1322FEE 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 1322FEE 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, northerly 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 Sean and Sharon Grant, 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 $65,800 including severance damages. The property
owner’s initial demand was $218,500 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 $131,000 plus $21,516 in statutory attorney’s fees, and $8,292 in expert fees and costs, for a total of $160,808.
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 $65,800 for its good faith estimate of value. Funds for the balance
of $95,178, 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
RECOMMENDATION(S): 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. P1322FEE - Joint Motion for Stipulated Final Judgment(1)
2. Aerial - Parcel 1322FEE
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[25-CA-215/1984787/1]
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 1322FEE
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 1322FEE
Petitioner, Collier County, Florida, together with Respondents, Sean Grant and Sharon
Grant, by and through undersigned counsel, hereby respectfully move this Court for the entry of
the foregoing Stipulated Final Judgment as to Parcel 1322FEE 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
GRANT
tony@policastrolaw.com
eric@policastrolaw.com
yadi@policastrolaw.com
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[25-CA-215/1984787/1]
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
December 2025.
BY: _______________________________
SALLY A. ASHKAR, ESQ.
Page 7082 of 9661
[25-CA-215/1984787/1]
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 1322FEE
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 1322FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondents, Sean Grant and Sharon Grant, by and through counsel,
for the entry of a Stipulated Final Judgment as to Parcel 1322FEE 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, Sean Grant and Sharon Grant, shall recover from Petitioner, Collier
County, Florida, the total sum of One Hundred Thirty-One Thousand Dollars and No/100
($131,000.00), for Parcel 1322FEE, as full payment for the property interest taken, including
business damages, if any, in connection with said Parcel.
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2. Respondents, Sean Grant and Sharon Grant, shall recover from Petitioner, Collier
County, Florida, the total sum of Twenty-One Thousand Five Hundred Sixteen Dollars and
No/100 ($21,516.00), for all attorney fees and attorney litigation costs in this case, including fees
related to monetary and non-monetary benefits.
3. Respondents, Sean Grant and Sharon Grant, shall recover from Petitioner, Collier
County, Florida, the total sum of Eight Thousand Two Hundred Ninety-Two Dollars and
No/100 ($8,292.00), for all expert fees and costs, associated with the acquisition of Parcel
1322FEE, 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 Sixty-Five Thousand Eight Hundred Dollars
and No/100 ($65,800.00), as payment for the acquisition of Parcel 1322FEE, 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 Ninety-Five Thousand Eight Dollars and No/100
($95,008.00), representing the balance due for the acquisition of Parcel 1322FEE, 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
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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
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 1322FEE 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 1798 of the Public Records of Collier County, Florida be dismissed as to Parcel
1322FEE.
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 1322FEE.
12. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
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Exhibit “A”
Page 7086 of 9661
AERIAL – PARCEL 1322FEE
(VANDERBILT BEACH RD EXT (PH 2) PROJECT NO. 60249
PARCEL 1322FEE
10th Ave NE
/
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