Agenda 12/09/2025 Item #16K 8 (Stipulated Final Judgment in the amount of $100,000 plus $26,968 in statutory attorney fees, expert fees, and costs for the taking of Parcel 1312FEE required for the Vanderbilt Beach Road Extension Project No. 60249.)12/9/2025
Item # 16.K.8
ID# 2025-4803
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $100,000 plus $26,968 in statutory attorney
fees, expert fees, and costs for the taking of Parcel 1312FEE required for the Vanderbilt Beach Road Extension Project
No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1312FEE 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 1312FEE 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 0.17 acres in extent. The parent
tract is improved with a single-family home and associated improvements owned by Laurentina James and John Bell.
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 $41,700
including severance damages. The property owner’s initial demand was $163,400 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 Judgment reflects a negotiated compensation amount of $100,000 plus
$19,239 in statutory attorney’s fees and $7,729 expert fees, for a total of $126,968.
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 $41,700 for its good faith estimate of value. Funds for the balance
of $85,268, 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
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. P1312FEE - Joint Motion for Stipulated Final Judgment
2. Aerial - Parcel 1312FEE
Page 7115 of 9661
[25-CA-212/1981912/1]
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-212
vs. Parcel 1312FEE
David C. McColley; Deborah J. McColley; Laurentia
Catherine James; John Bell; Trevor M. Tannassee; Deomattie
Tannassee; Suncoast Credit Union; Robert L. Antal; Adriana Antal;
Piton Handyman & Home Watch, LLC; Carina's Manufacturing, Inc;
Carina's Fine Food, Inc; and Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1312FEE
Petitioner, Collier County, Florida, together with Respondents, Laurentia Catherine James
and John Bell, by and through undersigned counsel, hereby respectfully move this Court for the
entry of the foregoing Stipulated Final Judgment as to Parcel 1312FEE 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@collier.gov
Sally.Ashkar@collier.gov
Sheri.Malcolm@collier.gov
_/s/ MICHAEL R. WHITT__
MICHAEL R. WHITT, ESQ
Florida Bar No. 725020
Hahn Loeser & Parks, LLP
2400 First Street, Suite 300
Fort Myers, FL 33901-2904
Telephone: (239) 337-6754
COUNSEL FOR RESPONDENTS
mwhitt@hahnlaw.com
kzamzow@hahnlaw.com
Page 7116 of 9661
[25-CA-212/1981912/1]
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 7117 of 9661
[25-CA-212/1981912/1]
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-212
vs. Parcel 1312FEE
David C. McColley; Deborah J. McColley; Laurentia
Catherine James; John Bell; Trevor M. Tannassee; Deomattie
Tannassee; Suncoast Credit Union; Robert L. Antal; Adriana Antal;
Piton Handyman & Home Watch, LLC; Carina's Manufacturing, Inc;
Carina's Fine Food, Inc; and Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1312FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondents, Laurentia Catherine James and John Bell, by and
through counsel, for the entry of a Stipulated Final Judgment as to Parcel 1312FEE 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, Laurentia Catherine James and John Bell, shall recover from
Petitioner, Collier County, Florida, the total sum of One Hundred Thousand Dollars and
No/100 ($100,000.00), for Parcel 1312FEE, as full payment for the property interest taken,
including business damages, if any, in connection with said Parcel.
2. Respondents, Laurentia Catherine James and John Bell, shall recover from
Petitioner, Collier County, Florida, the total sum of Nineteen Thousand Two Hundred Thirty-
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[25-CA-212/1981912/1]
Nine Dollars and No/100 ($19,239.00), for all attorney’s fees and attorney litigation costs in this
case, including fees related to monetary and non-monetary benefits.
3. Respondents, Laurentia Catherine James and John Bell, shall recover from
Petitioner, Collier County, Florida, the total sum of Seven Thousand Seven Hundred Twenty-
Nine Dollars and No/100 ($7,729.00), for all expert fees and costs, associated with the
acquisition of Parcel 1312FEE, 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-One Thousand Seven Hundred Dollars
and No/100 ($41,700.00), as payment for the acquisition of Parcel 1312FEE, 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 Eighty-Five Thousand Two Hundred Sixty-Eight Dollars and
No/100 ($85,268.00), representing the total balance due for the acquisition of Parcel 1312FEE,
attorney’s fees and costs, and expert fees and costs, by issuing a check payable to Hahn Loeser &
Parks, LLP Trust Account, and mailing it to Michael R. Whitt, Esq., c/o Hahn Loeser & Parks,
LLP, 2400 First Street, Suite 300, Fort Myers, FL 33901 for distribution.
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
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.
Page 7119 of 9661
[25-CA-212/1981912/1]
7. This Order disposes of all claims arising out of the taking of Parcel 1312FEE 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
April 25, 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 1759 of the Public Records of Collier County, Florida be dismissed as to Parcel
1312FEE.
10. Respondent, Rob Stoneburner, Collier County Tax Collector is dismissed from
this action as to Parcel 1312FEE.
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 7120 of 9661
AERIAL – PARCEL 1312FEE
(VANDERBILT BEACH RD EXT (PH 2) PROJECT NO. 60249
PARCEL 1312FEE
10th Ave NE
/
Page 7121 of 9661