Agenda 12/09/2025 Item #16K 9 (Stipulated Final Judgment in the amount of $150,000 plus $36,412 in statutory attorney fees, expert fees, and costs for the taking of Parcel 1316FEE1 required for the Vanderbilt Beach Road Extension Project No. 60249)12/9/2025
Item # 16.K.9
ID# 2025-4808
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $13, 0,,, plus $29081y in statutorx attornex
fees0 e’pert fees0 and costs for the taking of Parcel 1219FEE1 required for the Vanderbilt Beach Road E’tension Project
No. 9, y86.
OBJECTIVE4 : o settle full compensation for the taking of Parcel 1219FEE1 required for the construction of the
Vanderbilt Beach Road E’tension Project No. 9, y86.
CONSIDERATIONS4 Tn Julx 60 y, y80 the Board authoriOed0 via Resolution No. y, y8z1230 the condemnation of
Parcel 1219FEE1 for the construction of road- ax0 drainage and utilitx improvements required for the e’pansion and
e’tension of Vanderbilt Beach Road from 19th Street NE to Everglades Blvd. : he fee simple acquisition area consists
of a strip taking along the rear0 northerlx boundarx of the propertx and is appro’imatelx , .29 acres in e’tent. : he parent
tract is improved - ith a singlezfamilx home and associated improvements o- ned bx 5 onfort wherelus and Brunette
wherelus. : he parent tract contains y.23 acres of gross land area0 - hich - ill be reduced to 1.66 acres after the
acquisition. An aerial photograph of the subject propertx is attached. : he wountxGs appraiser estimated full
compensation at $C309, , including severance damages. : he propertx o- nerGs initial demand - as $y9802, , plus
attornexGs fees and e’pert fees and costs. : he parties participated in mediation and reached an agreement subject to
approval bx the Board of wountx wommissioners. : he attached Stipulated Final Judgment reflects a negotiated
compensation amount of $13, 0,,, plus $y8033y in statutorx attornexGs fees and $110U9, e’pert fees0 for a total of
$1U9081y.
Staff recommends approval of this Stipulated Final Judgment since a better result is not anticipated at trial. Mpon
approval0 the wountx AttornexGs Tffice - ill file the Joint 5 otion and Stipulated Final Judgment - ith the wircuit wourt.
: his item is consistent - ith the wollier wountx strategic plan objective to design and maintain an effective transportation
sxstem to reduce traffic congestion and improve the mobilitx of our residents and visitors.
FISCAL IMPACT4 wountx is entitled to a credit of $C309, , for its good faith estimate of value. Funds for the balance
of $11, 0U1y0 are available in the Vanderbilt Beach Road E’tension Project wapital Fund0 Project 9, y86. : he primarx
funding source for the acquisition of right of - ax is through Road 7mpact Fee I istrict Funds D2, 6, 0 2, 610 2, 6y0 2, 620
2, 680 2, 63( in the Vanderbilt Beach Road from 19th to Everglades Project D9, y86(. Should impact fees not be
sufficient0 the secondarx funding source - ill be Road wonstruction ) as : a’ Fund D2, U2( and : ransportation wapital
Fund D2, U1(.
GROWTH MANAGEMENT IMPACT4 : here is no gro- th management impact associated - ith this action.
LEGAL CONSIDERATIONS4 : his item is approved as to form and legalitx and requires a majoritx vote for Board
approval. – w5 )
RECOMMENDATION(S)4 : o approve the attached Joint 5 otion and Stipulated Final Judgment and authoriOe the
paxment of funds as stated herein.
PREPARED BY4 Robert Bosch0 5 anager0 5 anager RTW Acquisition0 Tperations and Performance 5 anagement
ATTACHMENTS4
1. P1219FEE1 z Joint 5 otion for Stipulated Final Judgment
y. Aerial z Parcel 1219FEE1
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[25-CA-218/1984887/1]
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-218
vs. Parcel: 1316FEE1
Monfort Cherelus; Brunette Cherelus; Jacqueline
Roque De Escobar; Mortgage Electronic Registration
Systems, Inc., Sunshine Way Investments LLC, a
Florida limited liability company; Thomas E. Madigan;
Suntrust Bank NKA Truist Bank; U.S. Small Business Administration;
Trois Etoiles, LLC; and Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1316FEE1
Petitioner, Collier County, Florida, together with Respondents, Monfort Cherelus and
Brunette Cherelus, by and through undersigned counsel, hereby respectfully move this Court for
the entry of the foregoing Stipulated Final Judgment as to Parcel 1316FEE1 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/ 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
CHERELUS
tony@policastrolaw.com
eric@policastrolaw.com
yadi@policastrolaw.com
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[25-CA-218/1984887/1]
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: _______________________________
COLLEEN M. GREENE, ESQ.
Page 7124 of 9661
[25-CA-218/1984887/1]
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-218
vs. Parcel: 1316FEE1
Monfort Cherelus; Brunette Cherelus; Jacqueline
Roque De Escobar; Mortgage Electronic Registration
Systems, Inc., Sunshine Way Investments LLC, a
Florida limited liability company; Thomas E. Madigan;
Suntrust Bank NKA Truist Bank; U.S. Small Business Administration;
Trois Etoiles, LLC; and Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1316FEE1
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondents, Monfort Cherelus and Brunette Cherelus, by and
through counsel, for the entry of a Stipulated Final Judgment as to Parcel 1316FEE1 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, Monfort Cherelus and Brunette Cherelus, shall recover from
Petitioner, Collier County, Florida, the total sum of One Hundred Fifty Thousand Dollars and
No/100 ($150,000.00), for Parcel 1316FEE1, as full payment for the property interest taken,
including business damages, if any, in connection with said Parcel.
2. Respondents, Monfort Cherelus and Brunette Cherelus, shall recover from
Petitioner, Collier County, Florida, the total sum of Twenty-Four Thousand Five Hundred
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[25-CA-218/1984887/1]
Fifty-Two Dollars and No/100 ($24,552.00), for all attorney fees and attorney litigation costs in
this case, including fees related to monetary and non-monetary benefits.
3. Respondents, Monfort Cherelus and Brunette Cherelus, shall recover from
Petitioner, Collier County, Florida, the total sum of Eleven Thousand Eight Hundred Sixty
Dollars and No/100 ($11,860.00), for all expert fees and costs, associated with the acquisition of
Parcel 1316FEE1, 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 Seventy-Five Thousand Six Hundred Dollars
and No/100 ($75,600.00), as payment for the acquisition of Parcel 1316FEE1, 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 One Hundred Ten Thousand Eight Hundred Twelve Dollars
and No/100 ($110,812.00), representing the balance due for the acquisition of Parcel 1316FEE1,
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-218/1984887/1]
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 1316FEE1 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 1952 of the Public Records of Collier County, Florida be dismissed as to Parcel
1316FEE1.
10. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
11. Respondents, Rob Stoneburner, Collier County Tax Collector, and Trois
Etoiles, LLC, are dismissed from this action as to Parcel 1316FEE1.
12. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
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Exhibit “A”
Page 7128 of 9661
AERIAL – PARCEL 1316FEE1
(VANDERBILT BEACH RD EXT (PH 2) PROJECT NO. 60249
PARCEL 1316FEE1
/
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