Agenda 01/13/2026 Item #16K18 (Stipulated Final Judgment for the taking of Parcel 1509RDUE required for the Vanderbilt Beach Road Extension Project No. 60249)1/13/2026
Item # 16.K.18
ID# 2025-5155
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $250,000 plus $54,643 in statutory attorney
and experts’ fees and costs for the taking of Parcel 1509RDUE required for the Vanderbilt Beach Road Extension Project
No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1509RDUE 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 1509RDUE 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 roadway, drainage, and utility
easement acquisition area consists of a strip taking along the westerly side boundary of the property and is
approximately 0.15 acres in extent. The parent tract consists of a single-family home and associated improvements
owned by Sandra Tamargo and Miyizan Serrano and contains 2.50 acres of gross land area which will be reduced to
2.35 useable acres. An aerial photograph of the subject property is attached. The County’s appraiser estimated full
compensation at $126,700 including severance damages. The property owner’s initial demand was $459,200 plus
attorney’s fees and expert fees and costs. The parties participated in mediation and reached a mediated settlement
agreement subject to Board approval. The attached Stipulated Final Judgment reflects a negotiated compensation
amount of $250,000 plus $46,000 in statutory attorney’s fees, and $8,643 in expert fees and costs, for a total of
$304,643.
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 $126,700 for its good faith estimate of value. Funds for the balance
of $177,943, 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. –
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. Aerial - Parcel 1509RDUE
2. P1509DUE - Joint Motion for Stipulated Final Judgment
Page 12113 of 14062
AERIAL – PARCEL 1509RDUE
(VANDERBILT BEACH RD EXT (PH 2) PROJECT NO. 60249
Everglades Boulevard PARCEL 1509RDUE
/
12th Ave NE
Page 12114 of 14062
[25-CA-243/1987532/1]
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-243
vs. Parcel 1509RDUE
Jorge G. Rodriguez; Sucet Rodriguez; Suncoast Credit Union;
Magna Construction Inc; Jass Cleaning & Home Watching
Services Inc; JGR Handyman Services Enterprise Inc;
G&Sons Investments Inc; Estate of Dorothy D. Leviton;
Harvey S. Leviton; Estate of Joan Y. Goldstein; Sandra Soto Tamargo;
Miyizan Marull Serrano; SMS Behavior Therapy LLC;
SMS Trucking LLC; Mortgage Electronic Registration Systems Inc.,
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1509RDUE
Petitioner, Collier County, Florida, together with Respondents, Sandra Soto Tamargo and
Miyizan Marull Serrano, by and through undersigned counsel, hereby respectfully move this Court
for the entry of the foregoing Stipulated Final Judgment as to Parcel 1509RDUE 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
TAMARGO AND SERRANO
tony@policastrolaw.com
eric@policastrolaw.com
yadi@policastrolaw.com
Page 12115 of 14062
[25-CA-243/1987532/1]
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: _______________________________
COLLEEN M. GREENE, ESQ.
Page 12116 of 14062
[25-CA-243/1987532/1]
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-243
vs. Parcel 1509RDUE
Jorge G. Rodriguez; Sucet Rodriguez; Suncoast Credit Union;
Magna Construction Inc; Jass Cleaning & Home Watching
Services Inc; JGR Handyman Services Enterprise Inc;
G&Sons Investments Inc; Estate of Dorothy D. Leviton;
Harvey S. Leviton; Estate of Joan Y. Goldstein; Sandra Soto Tamargo;
Miyizan Marull Serrano; SMS Behavior Therapy LLC;
SMS Trucking LLC; Mortgage Electronic Registration Systems Inc,
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1509RDUE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondents, Sandra Soto Tamargo and Miyizan Marull Serrano, by
and through counsel, for the entry of a Stipulated Final Judgment as to Parcel 1509RDUE 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, Sandra Soto Tamargo and Miyizan Marull Serrano, shall recover
from Petitioner, Collier County, Florida, the total sum of Two Hundred Fifty Thousand Dollars
and No/100 ($250,000.00), for Parcel 1509RDUE, as full payment for the property interest taken,
including business damages, if any, in connection with said Parcel.
2. Respondents, Sandra Soto Tamargo and Miyizan Marull Serrano, shall recover
from Petitioner, Collier County, Florida, the total sum of Forty-Six Thousand Dollars and
Page 12117 of 14062
[25-CA-243/1987532/1]
No/100 ($46,000.00), for all attorney fees and attorney litigation costs in this case, including fees
related to monetary and non-monetary benefits and supplemental proceedings, if any.
3. Respondents, Sandra Soto Tamargo and Miyizan Marull Serrano, shall recover
from Petitioner, Collier County, Florida, the total sum of Eight Thousand Six Hundred Forty-
Three Dollars and No/100 ($8,643.00), for all expert fees and costs associated with the
acquisition of Parcel 1509RDUE, 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 One Hundred Twenty-Six Thousand Seven
Hundred Dollars and No/100 ($126,700.00), as the good faith estimate of value for the
acquisition of Parcel 1509RDUE, 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 Seventy-Seven Thousand Nine Hundred
Forty-Three Dollars and No/100 ($177,943.00), representing the balance due for the acquisition
of Parcel 1509RDUE, attorney’s fees and costs, and expert fees and costs, 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 and Everglades
Blvd.; however, the right-of-way footprint is sufficient to accommodate up to a six-lane road
design on Vanderbilt Beach Road and a four-lane road design on Everglades Blvd., for which
Respondents are entitled to compensation. Such compensation, if any, is reflected in this Final
Page 12118 of 14062
[25-CA-243/1987532/1]
Judgment. No additional compensation shall be due to the Respondents for the actual future
widening of Vanderbilt Beach Road up to four-lanes or six-lanes, and Everglades Blvd., up to four-
lanes, including related roadway improvements to Vanderbilt Beach Road and Everglades Blvd.
7. Petitioner, Collier County, agrees to construct driveway consistent with attached
Exhibit “B”, except that the driveway will have 25-feet radial returns. Respondent agrees to
provide County with access to the property to construct the driveway as needed. The driveway will
be constructed at time of construction of either Vanderbilt Beach Road or Everglades Blvd.
8. This Order disposes of all claims arising out of the taking of Parcel 1509RDUE that
have or could have been asserted in this cause.
9. The road right of way, drainage and utility easement 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.
10. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book
6438, Page 3908 of the Public Records of Collier County, Florida be dismissed as to Parcel
1509RDUE.
11. Respondents, SMS Behavior Therapy LLC; SMS Trucking LLC; and
Mortgage Electronic Registration Systems Inc., are dismissed from this action as to Parcel
1509RDUE.
12. This Court reserves jurisdiction to enforce the terms of this Stipulated Final
Judgment.
13. This Stipulated Final Judgment is to be recorded in the Official Records of Collier
County, Florida.
Page 12119 of 14062
[25-CA-243/1987532/1]
Exhibit “A”
Page 12120 of 14062