Agenda 12/09/2025 Item #16K12 (Stipulated Final Judgment in the amount of $70,000 plus $19,611 in statutory attorney and experts’ fees and costs for the taking of Parcel 1332FEE required for the Vanderbilt Beach Road Extension Project No. 60249)12/9/2025
Item # 16.K.12
ID# 2025-4728
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $10,000 plus $26,922 in statutor8 attorne8
and eypertsx fees and costs for the taking of Parcel 233EFqq reVuired for the b anderBilt j each Road qytension ProNect
. o4 90E: 64
OBJECTIVET Oo settle full compensation for the taking of Parcel 233EFqq reVuired for the construction of the
b anderBilt j each Road qytension ProNect . o4 90E: 64
CONSIDERATIONST z n Jul8 6, E0E: , the j oard authori-ed, via Resolution . o4 E0E: 523w, the condemnation of
Parcel 233EFqq for the construction of road7 a8, drainage and utilit8 improvements reVuired for the eypansion and
eytension of b anderBilt j each Road from 29
th Street . q to qverglades j lvd4 Ohe fee simple acVuisition area consists
of a strip taking along the rear, northerl8 Boundar8 of the propert8 and is approyimatel8 0421 acres in eytent4 Ohe parent
tract is improved 7 ith a single5famil8 home and is o7 ned B8 Linda Alave-, and contains 242: acres of gross land area,
7 hich has Been reduced to 0461 acres after the acVuisition4 An aerial photograph of the suBNect propert8 is attached4 Ohe
Count8xs appraiser estimated full compensation at $30,900 including severance damages4 Ohe propert8 o7 nerxs initial
demand 7 as $2EE,w00 plus attorne8xs fees and eypert fees and costs4 Ohe parties participated in mediation and reached
an agreement4 Ohe attached Stipulated Final Judgment reflects a negotiated compensation amount of $10,000 plus
$23,00E in statutor8 attorne8xs fees, and $9,906 in eypert fees and costs, for a total of $’6,9224
Staff recommends approval of this Stipulated Final Judgment since a Better result is not anticipated at trial4 Upon
approval, the Count8 Attorne8xs z ffice 7 ill file the Joint Motion and Stipulated Final Judgment 7 ith the Circuit Court4
Ohis item is consistent 7 ith the Collier Count8 strategic plan oBNective to design and maintain an effective transportation
s8stem to reduce traffic congestion and improve the moBilit8 of our residents and visitors4
FISCAL IMPACTT Count8 is entitled to a credit of $30,900 for its good faith estimate of value4 Funds for the Balance
of $w6,2’2, 7 hich includes the Clerkxs $210400 deposit fee, are availaBle in the b anderBilt j each Road qytension
ProNect Capital Fund, ProNect 90E: 64 Ohe primar8 funding source for the acVuisition of right of 7 a8 is through Road
Impact Fee District Funds (3060, 3062, 306E, 3063, 306: , 306w) in the b anderBilt j each Road from 29th to qverglades
ProNect (90E: 6)4 Should impact fees not Be sufficient, the secondar8 funding source 7 ill Be Road Construction Gas Oay
Fund (30’3) and Oransportation Capital Fund (30’2)4
GROWTH MANAGEMENT IMPACTT Ohere is no gro7 th management impact associated 7 ith this action4
LEGAL CONSIDERATIONST Ohis item is approved as to form and legalit8 and reVuires maNorit8 vote for approval4 –
SAA
RECOMMENDATION(S)T Oo approve the attached Joint Motion and Stipulated Final Judgment and authori-e the
pa8ment of funds as stated herein4
PREPARED BYT RoBert j osch, Manager, Manager Rz W AcVuisition, z perations and Performance Management
ATTACHMENTST
24 P233EFqq 5 Joint Motion for Stipulated Final Judgment(2)
E4 Aerial 5 Parcel 233EFqq
Page 7156 of 9661
[25-CA-215/1984279/1]
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 1332FEE
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 1332FEE
Petitioner, Collier County, Florida, together with Respondents, Linda Alavez and
Francisco Alavez, by and through undersigned counsel, hereby respectfully move this Court for
the entry of the foregoing Stipulated Final Judgment as to Parcel 1332FEE attached hereto as
Exhibit “1”.
_______________________________
COLLEEN M. GREENE, ESQ.
Florida Bar No. 572457
SALLY A. ASHKAR, ESQ.
Florida Bar No. 1770445
Collier County Attorney6s Office
3299 E. Tamiami Trail, Suite 877
Naples, FL 3’112
Telephone: (239) 252-8’77
COUNSEL FOR PETITIONER
Colleen.Greene@collier.gov
Sally.Ashkar@collier.gov
Sheri.Malcolm@collier.gov
_/s/ John M. LeRoux_____
JOHN M. LEROUX, ESQ.
Florida Bar No. 003144
LeRoux Law
13745 W. Linebaugh Ave., Ste 171
Tampa, FL 33424
Telephone: (020) 012-1130
COUNSEL FOR RESPONDENTS
John@lerouxlaw.com
Pleadings@lerouxlaw.com
Sherrice@lerouxlaw.com
Page 7157 of 9661
[25-CA-215/1984279/1]
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
______________ 2725.
BY: _______________________________
SALLY A. ASHKAR, ESQ.
Page 7158 of 9661
[25-CA-215/1984279/1]
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 1332FEE
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 1332FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondents, Linda Alavez and Francisco Alavez, by and through
counsel, for the entry of a Stipulated Final Judgment as to Parcel 1332FEE for ProVect 472’9, and
it appearing to this Court that proper notice was given to the parties having any ej uity, 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, Linda Alavez and Francisco Alavez, shall recover from Petitioner,
Collier County, Florida, the total sum of Seventy Thousand Dollars and No/100 ($70,000.00),
for Parcel 1332FEE, as full payment for the property interest taken, including business damages,
if any, in connection with said Parcel.
Page 7159 of 9661
[25-CA-215/1984279/1]
2. Respondents, Linda Alavez and Francisco Alavez, shall recover from Petitioner,
Collier County, Florida, the total sum of Thirteen Thousand Two Dollars and No/100
($13,002.00), for all attorney fees and attorney litigation costs in this case, including fees related
to monetary and non-monetary benefit.
3. Respondents, Linda Alavez and Francisco Alavez, shall recover from Petitioner,
Collier County, Florida, the total sum of Six Thousand Six Hundred Nine Dollars and No/100
($6,609.00), for all expert fees and costs, associated with the acj uisition of Parcel 1332FEE, and
no other expert fees or costs shall be paid in this matter.
’. Petitioner, Collier County, Florida, is entitled to a credit for the good faith estimate
of value previously deposited in the amount of Thirty Thousand Six Hundred Dollars and
No/100 ($30,600.00), as payment for the acj uisition of Parcel 1332FEE, at which time title to
said Parcel as described in Exhibit “A” vested in the name of Petitioner, Collier County, Florida.
5. Within thirty (37) days from the entry of this Order, Petitioner, Collier County,
Florida, shall pay the sum of Fifty-Nine Thousand Eleven Dollars and No/100 ($59,011.00),
representing the total sum due for the acj uisition of Parcel 1332FEE, attorney6s fees and costs,
and expert fees and costs, by issuing a check payable to LeRoux Law Trust Account, and mailing
it to John M. LeRoux, Esj ., LeRoux Law, 13745 W. Linebaugh Ave., Ste 171, Tampa, FL 33424.
4. Collier Countyqs initial construction of the subVect proVect shall substantially
conform with the Countyqs 97' construction plans, filed with the Court on March 25, 2725. The
97' 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 %anderbilt Beach Road up to four-lanes or six-lanes,
including related roadway improvements to %anderbilt Beach Road.
Page 7160 of 9661
[25-CA-215/1984279/1]
0. This Order disposes of all claims arising out of the taking of Parcel 1332FEE 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, 2725, 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
4’38, Page 1098 of the Public Records of Collier County, Florida be dismissed as to Parcel
1332FEE.
17. Respondents, 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; and Rob Stoneburner, Collier County Tax
Collector are dismissed from this action as to Parcel 1332FEE.
11. This Court reserves Vurisdiction 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.
Page 7161 of 9661
[25-CA-215/1984279/1]
Exhibit “A”
Page 7162 of 9661
AERIAL – PARCEL 1332FEE
(VANDERBILT BEACH RD EXT (PH 2) PROJECT NO. 60249
10th Ave NE
PARCEL 1332FEE
/
Page 7163 of 9661