Agenda 02/24/2026 Item #16K 5 (Stipulated Final Judgment for the taking of Parcel 1369FEE required for the Vanderbilt Beach Road Extension Project No. 60249)2/24/2026
Item # 16.K.5
ID# 2026-425
Executive Summary
Recommendation to approve a Stipulated Final Judgment in the amount of $217,000 plus $42,186 in statutory attorney
fees, expert fees, and costs for the taking of Parcel 1369FEE required for the Vanderbilt Beach Road Extension Project
No. 60249.
OBJECTIVE: To settle full compensation for the taking of Parcel 1369FEE 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 1369FEE 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, southernly boundary of the property and is approximately 0.38 acres in extent. The
parent tract is improved with a single-family home and associated improvements owned by Orlando Guerra and Dayely
Gonzalez. The parent tract contains 2.50 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 $114,500 including severance damages. The property owners initial demand was $438,500 not
including attorney’s 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 $217,000 plus $33,825 in statutory attorney’s fees and $8,361 expert fees, for a total of $259,186.
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 $114,500 for its good faith estimate of value. Funds for the balance
of $144,686, 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). The sources of funding are impact fees, gas tax and general funds.
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. P1369EE - Joint Motion for Stipulated Final Judgment
2. Aerial - Parcel 1369FEE
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[25-CA-245/1999739/1]
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-245
vs. Parcel 1369FEE
James R. Meeks; Leanne H. Meeks; Mortgage Electronic
Registration Systems Inc; US Department of Veterans Affairs;
Celia Martin; Perla Davis; Mauricio D. Cifuentes Gomez;
Adriana Ledesma; Orlando Guerra; Dayely Gonzalez;
Orlando Grading Inc; Sunshine City School Transportation LLC;
OGV Investment Inc; Michael G. Barry; Space Coast Credit Union;
and Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO
PARCEL 1369FEE
Petitioner, Collier County, Florida, together with Respondents, Orlando Guerra and Dayely
Gonzalez, by and through undersigned counsel, hereby respectfully move this Court for the entry
of the foregoing Stipulated Final Judgment as to Parcel 1369FEE 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/ KENNETH A. JONES__
KENNETH A. JONES, ESQ.
Florida Bar No. 200158
Hahn Loeser & Parks, LLP
2400 First Street, Suite 300
Fort Myers, FL 33901-2904
Telephone: (239) 337-6754
COUNSEL FOR RESPONDENTS
kjones@hahnlaw.com
kzamzow@hahnlaw.com
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[25-CA-245/1999739/1]
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 2170 of 3023
[25-CA-245/1999739/1]
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-245
vs. Parcel 1369FEE
James R. Meeks; Leanne H. Meeks; Mortgage Electronic
Registration Systems Inc; US Department of Veterans Affairs;
Celia Martin; Perla Davis; Mauricio D. Cifuentes Gomez;
Adriana Ledesma; Orlando Guerra; Dayely Gonzalez;
Orlando Grading Inc; Sunshine City School Transportation LLC;
OGV Investment Inc; Michael G. Barry; Space Coast Credit Union;
and Rob Stoneburner, Collier County Tax Collector,
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1369FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner,
Collier County, Florida, and Respondents, Orlando Guerra and Dayely Gonzalez, by and through
counsel, for the entry of a Stipulated Final Judgment as to Parcel 1369FEE 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, Orlando Guerra and Dayely Gonzalez, shall recover from Petitioner,
Collier County, Florida, the total sum of Two Hundred Seventeen Thousand Dollars and
No/100 ($217,000.00), for Parcel 1369FEE, as full payment for the property interest taken,
including business damages, if any, in connection with said Parcel.
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[25-CA-245/1999739/1]
2. Respondents, Orlando Guerra and Dayely Gonzalez, shall recover from Petitioner,
Collier County, Florida, the total sum of Thirty-Three Thousand Eight Hundred Twenty-Five
Dollars and No/100 ($33,825.00), for all attorney fees and attorney litigation costs in this case,
including fees related to monetary and non-monetary benefits.
3. Respondents, Orlando Guerra and Dayely Gonzalez, shall recover from Petitioner,
Collier County, Florida, the total sum of Eight Thousand Three Hundred Sixty-One Dollars
and No/100 ($8,361.00), for all expert fees and costs associated with the acquisition of Parcel
1369FEE, 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 Fourteen Thousand Five Hundred
Dollars and No/100 ($114,500.00), as payment for the acquisition of Parcel 1369FEE, 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 Forty-Four Thousand Six Hundred Eighty-Six
Dollars and No/100 ($144,686.00), representing the balance of the total sum due for the
acquisition of Parcel 1369FEE, and the attorney’s fees and costs, and expert fees and costs, by
issuing a check payable to Hahn Loeser & Parks, LLP Trust Account, and mailing it to Kenneth
Jones, Esq., Hahn Loeser & Parks, LLP, 2400 First Street, Suite 300, Fort Myers, FL 33901.
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
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[25-CA-245/1999739/1]
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 Respondents for the
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 1369FEE 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
May 5, 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 3496 of the Public Records of Collier County, Florida be dismissed as to Parcel
1369FEE.
10. Respondents, Rob Stoneburner, Collier County Tax Collector, and Space Coast
Credit Union are dismissed from this action as to Parcel 1369FEE.
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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[25-CA-245/1999739/1]
Exhibit “A”
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AERIAL – PARCEL 1369FEE
(Vanderbilt Beach Road Extension Phase 2 Project No. 60249)
12th Ave NE
PARCEL 1369FEE
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