Agenda 01/13/2026 Item #16K12 (Stipulated Final Judgment for the taking of Parcel 1354FEE1 required for the Vanderbilt Beach Road Extension Project No. 60249)1/13/2026
Item # 16.K.12
ID# 2025-5124
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $142,500 plus $30,911 in statutory attorney
and experts’ fees and costs for the taking of Parcel 1354FEE1 required for the Vanderbilt Beach Road Extension Project
No. 60249, and delegate authority to the County Manager or her designee to process payment of additional statutory
attorney’s fees for supplemental proceedings, if any, as authorized by Ch. 73, Fla. Stat., but not to exceed $4,000.
OBJECTIVE: To settle full compensation for the taking of Parcel 1354FEE1 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 1354FEE1 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 contains a single-family home owned by Ricardo M. Rodriguez Leyva, Misleydis C. Rodriguez, and Cristhian M.
Lopez 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 $70,400 including
severance damages. The property owner’s initial demand was $241,000 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 $142,500 plus $23,793 in statutory attorney’s fees, and $7,118 in expert fees and
costs, for a total of $173,411.
Pursuant to Ch. 73, Fla. Stat., Respondent is entitled to additional attorney’s fees for supplemental proceedings, if any,
including disbursement and apportionment proceedings. This Executive Summary authorizes the County Manager or her
designee to process payment of additional statutory attorney’s fees for supplemental proceedings, if any, pursuant to
Sections 73.091 and 73.092, Fla. Stat., but not to exceed $4,000.
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 $70,400 for its good faith estimate of value. Funds for the balance
of $103,181 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 and delegate authority to the County Manager or her designee to process payment of
additional statutory attorney’s fees for supplemental proceedings, if any, as authorized by Ch. 73, Fla. Stat., but not to
exceed $4,000.
PREPARED BY: Robert Bosch, Manager, Manager ROW Acquisition, Operations and Performance Management
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1/13/2026
Item # 16.K.12
ID# 2025-5124
ATTACHMENTS:
1. P1354FEE1 - Joint Motion for Stipulated Final Judgment(1)
2. Aerial - Parcel 1354FEE1
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[25-CA-230/1992763/1]
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-230
vs. Parcel 1354FEE1
Gerald M. Mauser, Jr; Erin R. Mauser; Wells Fargo Bank, NA;
Marshall Bronstein Trustee of the Marshall Bronstein and Elaine
Bronstein Revocable Trust Agreement dated October 13, 2021;
Elaine Bronstein Trustee of the Marshall Bronstein and Elaine
Bronstein Revocable Trust Agreement dated October 13, 2021;
Carl J. Cyr; Mortgage Electronic Registration Systems, Inc;
Cristhian M. Lopez; Misleydis C. Rodriguez; Ricardo Maikel
Rodriguez Leyva; Dairon Rodriguez; Sarai Orosa Perez;
American Dream Trucking Service LLC; 3 Express LLC;
American Five Star Transport LLC; and Rob Stoneburner, Collier
County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1354FEE1
Petitioner, Collier County, Florida, together with Respondents, Cristhian M. Lopez;
Misleydis C. Rodriguez; and Ricardo Maikel Rodriguez Leyva, by and through the undersigned
counsel, hereby respectfully moves this Court for the entry of the foregoing Stipulated Final
Judgment as to Parcel 1354FEE1 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/ JOHN M. LEROUX__
JOHN M. LEROUX, ESQ.
Florida Bar No. 773166
LeRoux Law
13065 W. Linebaugh Ave., Ste 101
Tampa, FL 33626
Telephone: (727) 712-1137
COUNSEL FOR RESPONDENTS
John@lerouxlaw.com
Pleadings@lerouxlaw.com
Sherrice@lerouxlaw.com
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[25-CA-230/1992763/1]
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
________________ 2026.
BY: _______________________________
SALLY A. ASHKAR, ESQ.
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[25-CA-230/1992763/1]
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-230
vs. Parcel 1354FEE1
Gerald M. Mauser, Jr; Erin R. Mauser; Wells Fargo Bank, NA;
Marshall Bronstein Trustee of the Marshall Bronstein and Elaine
Bronstein Revocable Trust Agreement dated October 13, 2021;
Elaine Bronstein Trustee of the Marshall Bronstein and Elaine
Bronstein Revocable Trust Agreement dated October 13, 2021;
Carl J. Cyr; Mortgage Electronic Registration Systems, Inc;
Cristhian M. Lopez; Misleydis C. Rodriguez; Ricardo Maikel
Rodriguez Leyva; Dairon Rodriguez; Sarai Orosa Perez;
American Dream Trucking Service LLC; 3 Express LLC;
American Five Star Transport LLC; and Rob Stoneburner, Collier
County Tax Collector,
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1354FEE1
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondents, Cristhian M. Lopez; Misleydis C. Rodriguez; and
Ricardo Maikel Rodriguez Leyva, by and through counsel, for the entry of a Stipulated Final
Judgment as to Parcel 1354FEE1 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, Cristhian M. Lopez; Misleydis C. Rodriguez; and Ricardo Maikel
Rodriguez Leyva (“Rodriguez”), shall recover from Petitioner, Collier County, Florida, the total
sum of One Hundred Forty-Two Thousand Five Hundred Dollars and No/100 ($142,500.00),
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[25-CA-230/1992763/1]
subject to apportionment, if any, for Parcel 1354FEE1, as full payment for the property interest
taken, including business damages, if any, in connection with said Parcel.
2. Respondents, Cristhian M. Lopez; Misleydis C. Rodriguez; and Ricardo Maikel
Rodriguez Leyva, shall recover from Petitioner, Collier County, Florida, the total sum of Twenty-
Three Thousand Seven Hundred Ninety-Three Dollars and No/100 ($23,793.00), for all
attorney fees and attorney litigation costs in this case, including fees related to monetary and non-
monetary benefit. Supplemental attorney fees for apportionment issues, if any, are not to exceed
$4,000.00.
3. Respondents, Cristhian M. Lopez; Misleydis C. Rodriguez; and Ricardo Maikel
Rodriguez Leyva, shall recover from Petitioner, Collier County, Florida, the total sum of Seven
Thousand One Hundred Eighteen Dollars and No/100 ($7,118.00), for all expert fees and
costs, associated with the acquisition of Parcel 1354FEE1, 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 Thousand Four Hundred Dollars and
No/100 ($70,400.00), as payment for the acquisition of Parcel 1354FEE1, 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 One Hundred Three Thousand Eleven Dollars and No/100
($103,011.00), representing the total sum due pursuant to the terms of this judgment for the
acquisition of Parcel 1354FEE1 by issuing a check payable to LeRoux Law Trust Account, and
mailing it to John M. LeRoux, Esq., LeRoux Law, 13065 W. Linebaugh Ave., Ste 101, Tampa,
FL 33626. The sums representing the payment of attorney’s fees and costs may be immediately
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[25-CA-230/1992763/1]
disbursed from trust, with the balance (representing the additional compensation paid for Parcel
1354FEE) remaining in trust until further order of this court or stipulation of Respondents,
Rodriguez and Mortgage Electronic Registration Systems, Inc.
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.
7. This Order disposes of all claims arising out of the taking of Parcel 1354FEE1 that
have or could have been asserted in this cause, with the exception of any apportionment issues.
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
May 7, 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 3696 of the Public Records of Collier County, Florida be dismissed as to Parcel
1354FEE1.
10. Respondents, Rob Stoneburner, Collier County Tax Collector, and American
Five Star Transport LLC are dismissed from this action as to Parcel 1354FEE1.
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.
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Exhibit “A”
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AERIAL – PARCEL 1354FEE1
(Vanderbilt Beach Road Extension Phase 2 Project No. 60249)
/
10th Ave NE
12th Ave NE
PARCEL 1354FEE1
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