Agenda 12/09/2025 Item #16K15 (Stipulated Final Judgment in the amount of $255,000 plus $78,635 in statutory attorney fees, expert fees, and costs for the taking of Parcels 1325FEE1 and 1325DE required for the Vanderbilt Beach Road Extension Project No. )12/9/2025
Item # 16.K.15
ID# 2025-4748
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $255,000 plus $78,635 in statutory attorney
fees, expert fees, and costs for the taking of Parcels 1325FEE1 and 1325DE required for the Vanderbilt Beach Road
Extension Project No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcels 1325FEE1 and 1325DE 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
Parcels 1325FEE1 and 1325DE 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. Parcel 1325FEE1 consists
of a fee simple strip taking along the rear, southerly boundary of the property and is approximately 0.66 acres in extent.
Parcel 1325DE is a drainage easement and is approximately 0.02 acres in extent. The parent tract is improved with a
single-family home and associated improvements owned by John and Amy Yates. The parent tract contains 3.41 acres
of gross land area, which will be reduced to 2.75 acres after the acquisition. An aerial photograph of the subject
property is attached. The County’s appraiser estimated full compensation at $101,000 including severance damages.
The property owner’s initial demand was $421,000 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 $255,000 plus $53,394 in statutory
attorney’s fees and $25,241 expert fees, for a total of $333,635.
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.
FISCAL IMPACT: County is entitled to a credit of $101,000 for its good faith estimate of value. Funds for the balance
of $232,635, 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. P1325FEE1 DE - Joint Motion for Stipulated Final Judgment
2. Aerial - Parcel 1325FEE1DE
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[25-CA-214/1985372/1]
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-214
vs. Parcel 1325FEE1/DE
Alejandro Arias; John H. Yates; Amy A. Yates;
Mortgage Electronic Registration Systems, Inc;
Suncoast Credit Union; Raimar Vinent; Ramlet Vinent;
Travis N. Ash; Ashley E. Ash; Lake Michigan Credit Union;
GA Property N LLC; Unknown Tenants; ARA Construction and
Investments, Inc; Isany Quincoses; Training Licensing Center, Inc;
and Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1325FEE1/DE
Petitioner, Collier County, Florida, together with Respondents, John H. Yates and Amy A.
Yates, by and through undersigned counsel, hereby respectfully move this Court for the entry of
the foregoing Stipulated Final Judgment as to Parcel 1325FEE1/DE 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/ Jay J. Bartlett ________
JAY J. BARTLETT, ESQ.
Florida Bar No. 875163
JEFFREY L. HINDS
Florida Bar No. 0008710
Bartlett Loeb Hinds Thompson & Angelos
1001 Water St., Ste 475
Tampa, FL 33602
Telephone: (813) 223-3888
COUNSEL FOR RESPONDENTS
jayb@blhtlaw.com
jeffreyh@blhtlaw.com
kathrynd@blhtlaw.com
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[25-CA-214/1985372/1]
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 7194 of 9661
[25-CA-214/1985372/1]
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-214
vs. Parcel 1325FEE1/DE
Alejandro Arias; John H. Yates; Amy A. Yates;
Mortgage Electronic Registration Systems, Inc;
Suncoast Credit Union; Raimar Vinent; Ramlet Vinent;
Travis N. Ash; Ashley E. Ash; Lake Michigan Credit Union;
GA Property N LLC; Unknown Tenants; ARA Construction and
Investments, Inc; Isany Quincoses; Training Licensing Center, Inc;
and Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1325FEE1/DE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondents, John H. Yates and Amy A. Yates, by and through
counsel, for the entry of a Stipulated Final Judgment as to Parcel 1325FEE1/DE 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, John H. Yates and Amy A. Yates, shall recover from Petitioner,
Collier County, Florida, the total sum of Two Hundred Fifty-Five Thousand Dollars and
No/100 ($255,000.00) for Parcel 1325FEE1/DE, as full payment for the property interest taken,
including business damages, if any, in connection with said Parcel.
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[25-CA-214/1985372/1]
2. Respondents, John H. Yates and Amy A. Yates, shall recover from Petitioner,
Collier County, Florida, the total sum of Fifty-Three Thousand Three Hundred Ninety-Four
Dollars and No/100 ($53,394.00), for all attorney fees and attorney litigation costs in this case,
including fees related to monetary and non-monetary benefits.
3. Respondents, John H. Yates and Amy A. Yates, shall recover from Petitioner,
Collier County, Florida, the total sum of Twenty-Five Thousand Two Hundred Forty-One
Dollars and No/100 ($25,241.00), for all expert fees and costs in this case.
4. Petitioner, Collier County, Florida, is entitled to a credit for the good faith estimate
of value previously deposited in the amount of One Hundred One Thousand Dollars and No/100
($101,000.00), as payment for the acquisition of Parcel 1325FEE1/DE, 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 Two Hundred Thirty-Two Thousand Six Hundred Thirty-
Five Dollars and No/100 ($232,635.00), representing the balance of the total sum due for the
acquisition of Parcel 1325FEE1/DE, attorney’s fees, and costs, by issuing a check payable to
Bartlett Loeb Hinds Thompson & Angelos Trust Account, and mailing it to Jay Bartlett, Esq.,
Bartlett Loeb Hinds Thompson & Angelos, 1001 Water St., Ste 475, Tampa, FL 33602.
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 Respondent is entitled to compensation. Such compensation, if any, is reflected
in the herein Final Judgment. No additional compensation shall be due to the Respondent for the
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[25-CA-214/1985372/1]
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 1325FEE1/DE
that have or could have been asserted in this cause.
8. A fee simple taking of Parcel 1325FEE1, and perpetual non-exclusive drainage
easement for Parcel 1325DE, being fully described in Exhibit “A” attached hereto and
incorporated herein, which vested in Petitioner pursuant to the Stipulated Order of Taking dated
May 19, 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 1780 of the Public Records of Collier County, Florida be dismissed as to Parcel
1325FEE1/DE.
10. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
11. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
12. This matter is dismissed as to Rob Stoneburner, Collier County Tax Collector,
for Parcel 1325FEE1/DE.
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[25-CA-214/1985372/1]
Exhibit “A”
Page 7198 of 9661
AERIAL – PARCEL 1325FEE1 &DE
(VANDERBILT BEACH RD EXT (PH 2) PROJECT NO. 60249
/
12th Ave NE
EXISTING DRAINAGE EASEMENT PER PLATPARCEL 1325FEE1
PARCEL 1325DE
Page 7199 of 9661